12–30–09 Wednesday Vol. 74 No. 249 Dec. 30, 2009

Pages 68983–69242

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Contents Federal Register Vol. 74, No. 249

Wednesday, December 30, 2009

Air Force Department Employee Benefits Security Administration NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, Basing of F–35A Aircraft, 69080 Submissions, and Approvals, 69148–69149 Military Housing Privatization Initiative at Eglin AFB, FL and Hurlburt Field, FL, 69078–69080 Energy Department Meetings: PROPOSED RULES US Air Force Scientific Advisory Board, 69080–69081 Energy Efficiency Program for Consumer Products: Framework Document for Metal Halide Lamp Fixtures; Army Department Availability, Meetings, 69036–69038 NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 69078 Environmental Management Site-Specific Advisory Board, Paducah, 69085 Census Bureau Methane Hydrate Advisory Committee, 69085–69086 NOTICES State Energy Advisory Board, 69084–69085 Agency Information Collection Activities; Proposals, Engraving and Printing Bureau Submissions, and Approvals, 69061–69065 NOTICES Privacy Act; Systems of Records, 69190–69191 Coast Guard RULES Environmental Protection Agency Drawbridge Operation Regulations: RULES Inner Harbor Navigational Canal, New Orleans, LA, Hazardous Waste Management System: 69027–69028 Exclusion for Identifying and Listing Hazardous Waste, Sacramento River, Knights Landing, CA, 69028 69028–69035 PROPOSED RULES National Emission Standards for Hazardous Air Pollutants Regulated Navigation Areas: for Area Sources: Port of Portland Terminal 4, Willamette River, Portland, Chemical Preparations Industry, 69194–69217 OR, 69046–69049 PROPOSED RULES Special Local Regulations: Approval and Promulgation of Air Quality Implementation Ironman 70.3 California; Oceanside Harbor, Oceanside, Plans: CA, 69044–69046 Utah; Redesignation Request and Maintenance Plan for Salt Lake County; Utah County; Ogden City PM10 Commerce Department Nonattainment Area, 69049–69050 See Census Bureau Revisions to Lead Ambient Air Monitoring Requirements, See Foreign–Trade Zones Board 69050–69059 See International Trade Administration NOTICES See Minority Business Development Agency Draft 2009 Update Aquatic Life Ambient Water Quality See National Oceanic and Atmospheric Administration Criteria for Ammonia – Freshwater, 69086–69087 Draft National Pollutant Discharge Elimination System Commodity Futures Trading Commission (NPDES) General Permit for the Eastern Portion of RULES Outer Continental Shelf (OCS) of the Gulf of Mexico: Electronic Filing of Financial Reports and Notices, 69004– Availability of Preliminary Finding of No Significant 69009 Impact (FNSI) and Environmental Assessment, NOTICES 69088–69090 Agency Information Collection Activities; Proposals, Receipt of Requests to Voluntarily Cancel Certain Pesticide Submissions, and Approvals, 69076–69077 Registrations, 69090–69092 Regional Project Waiver of Section 1605 (Buy American) of Defense Department the American Recovery and Reinvestment Act of 2009: See Air Force Department Massachusetts Water Resources Authority, 69092–69093 See Army Department North Conway, New Hamsphire Water Precinct, 69093– See Navy Department 69095 NOTICES Meetings: Executive Office of the President DOD Task Force on the Prevention of Suicide by See Presidential Documents Members of the Armed Forces, 69077–69078 Federal Aviation Administration Education Department PROPOSED RULES NOTICES Airworthiness Directives: Meetings: Boeing Company Model 737–200, 300, 400, and 500 Race to the Top Assessment Program, 69081–69084 Series Airplanes, 69040–69042

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Bombardier, Inc. Model DHC–8–400 Series Airplanes, Foreign-Trade Zones Board 69038–69040 NOTICES Approval of Manufacturing Authority: Federal Communications Commission Foreign-Trade Zone 79; Tampa, Florida; Tampa Ship, RULES LLC (Shipbuilding), 69067–69068 Television Broadcasting Services: High Point, NC, 69035 Geological Survey PROPOSED RULES Television Broadcasting Services: NOTICES Atlantic City, NJ, 69060 Agency Information Collection Activities; Proposals, Seaford, DE, 69059–69060 Submissions, and Approvals, 69134–69135 NOTICES Agency Information Collection Activities; Proposals, Health and Human Services Department Submissions, and Approvals, 69095–69098 See Food and Drug Administration Privacy Act; Systems of Records, 69098–69100 See Indian Health Service See National Institutes of Health Federal Emergency Management Agency NOTICES NOTICES Decision to Evaluate a Petition to Designate a Class of Disaster Declarations: Employees to be included in the Special Exposure Arkansas, 69129 Cohort: Major Disaster and Related Determinations: Lawrence Berkeley National Laboratory, Berkeley, CA, Alaska, 69132 69103 Nebraska, 69133 Westinghouse Electric Corp., Bloomfield, NJ, 69103– 69104 Federal Maritime Commission Designation of a Class of Employees for Addition to the NOTICES Special Exposure Cohort, 69104–69105 Filing of Complaint and Assignment: Meetings: SSA Terminals, LLC and SSA Terminals (Oakland), LLC, National Vaccine Advisory Committee, 69105–69106 69101–69102 Ocean Transportation Intermediary Licenses; Applicants, Homeland Security Department 69102–69103 See Coast Guard See Federal Emergency Management Agency Federal Railroad Administration See U.S. Customs and Border Protection NOTICES Environmental Impact Statements; Availability, etc.: California High-Speed Train Project from Merced to Indian Health Service Sacramento, CA, 69186–69189 NOTICES List of Recipients of Indian Health Scholarships under the Federal Reserve System Indian Health Scholarship Program, 69111–69116 NOTICES Change in Bank Control Notices; Acquisition of Shares of Interior Department Bank or Bank Holding Companies, 69100–69101 See Fish and Wildlife Service Formations of, Acquisitions by, and Mergers of Bank See Geological Survey Holding Companies, 69101 See Land Management Bureau Proposals to Engage in Permissible Nonbanking Activities See National Park Service or to Acquire Companies that are Engaged in NOTICES Permissible Nonbanking Activities, 69101 National Park System Advisory Board Re-establishment, 69134 Federal Trade Commission NOTICES Charges for Certain Disclosures, 69103 Internal Revenue Service RULES Fish and Wildlife Service Use of Controlled Corporations to Avoid the Application of NOTICES Section (304), 69021–69023 Marine Mammal Protection Act; Stock Assessment Report, PROPOSED RULES 69136–69143 Use of Controlled Corporations to Avoid the Application of Section (304), 69043 Food and Drug Administration NOTICES International Trade Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 69106–69111 Amended Preliminary Determination of Sales at Less Than Meetings: Fair Value: Advisory Committees; Tentative Schedule (for 2010), Certain Oil Country Tubular Goods from the People’s 69119–69122 Republic of China, 69065–69067 Medical Device Interoperability; Public Workshop, Clarification of the 2009 Calculation of Expected Non- 69125–69126 Market Economy Wages, 69068 Second Annual Sentinel Initiative Public Workshop, Rescission of Antidumping Duty Administrative Review: 69122 Granular Polytetrafluoroethylene Resin from Italy, 69071

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International Trade Commission National Register of Historic Places: NOTICES Notification of Pending Nominations and Related Investigations: Actions, 69144–69145 Certain Products Advertised as Containing Creatine Weekly Listing of Historic Properties, 69145 Ethylester, 69146–69147 Silicon Microphone Packages, 69145–69146 Navy Department NOTICES Justice Department Availability of Government-Owned Inventions: NOTICES Available for Licensing, 69078 Consent Decrees: United States v. Ausimont Industries, Inc., et al., 69147– 69148 Nuclear Regulatory Commission NOTICES Labor Department Confirmatory Order Modifying License: See Employee Benefits Security Administration U.S. Tennessee Valley Authority, et al., 69149–69152 See Labor–Management Standards Office Consent to Indirect Change of Control and Issuance of License Amendment to Materials License: Labor–Management Standards Office Cogema Mining, Inc, Irigaray and Christensen Ranch RULES Facilities, 69152–69153 Trust Annual Reports, 69023–69027 Meetings; Sunshine Act, 69153–69154

Land Management Bureau Personnel Management Office NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Western Montana Resource Advisory Council, 69143– Submissions, and Approvals, 69154–69155 69144 Excepted Service, 69156–69157 Privacy Act; Systems of Records, 69157–69158 Minority Business Development Agency NOTICES Postal Service Solicitation of Applications for the Minority Business PROPOSED RULES Enterprise Center (MBEC) Program, 69072–69076 Unpaid and Shortpaid Information-Based Indicia Postage Meters and PC Postage Products; Comment Period National Institutes of Health Extended, 69049 NOTICES Meetings: Center for Scientific Review, 69118, 69124 Presidential Documents Eunice Kennedy Shriver National Institute of Child PROCLAMATIONS Health and Human Development, 69117–69118 Trade: National Advisory Allergy and Infectious Diseases, African Growth and Opportunity Act, Beneficiary 69122–69123 Country Designations and Modifications (Proc. 8468), National Cancer Institute, 69118–69119, 69123–69124 69229–69230 National Center for Research Resources Council, 69123 Generalized System of Preferences Duty-Free Treatment, National Institute of Allergy and Infectious Diseases, Modifications (Proc. 8467), 69219–69228 69117, 69126 EXECUTIVE ORDERS National Institute of Arthritis and Musculosketal and Government Agencies and Employees: Skin Diseases, 69125 Rates of Pay; Adjustment (EO 13525), 69231–69242 National Institute of Dental and Craniofacial Research, 69117 Securities and Exchange Commission National Institute of Diabetes and Digestive and Kidney RULES Diseases, 69116–69117 Temporary Rule Regarding Principal Trades with Certain National Institute of Mental Health, 69118 Advisory Clients, 69009–69015 National Institute of Neurological Disorders and Stroke, NOTICES 69124 Meetings; Sunshine Act, 69158 Self-Regulatory Organizations; Proposed Rule Changes: National Oceanic and Atmospheric Administration Financial Industry Regulatory Authority, Inc., 69184– NOTICES 69185 Agency Information Collection Activities; Proposals, Chicago Board Options Exchange, Inc., 69168–69169 Submissions, and Approvals, 69062–69063 Financial Industry Regulatory Authority, Inc., 69173– Endangered and Threatened Species: 69175 Take of Anadromous Fish, 69068–69070 International Securities Exchange, LLC, 69180–69182 Meetings: NASDAQ OMX BX, Inc., 69172–69173 Pacific Fishery Management Council, 69070–69071 NASDAQ OMX PHLX, Inc, 69185–69186 NASDAQ Stock Market LLC, 69159–69161 National Park Service National Stock Exchange, Inc., 69158–69159 NOTICES New York Stock Exchange LLC, 69163–69172 Agency Information Collection Activities; Proposals, NYSE Amex LLC;, 69161–69163 Submissions, and Approvals, 69135–69136 NYSE Arca, Inc., 69175–69180, 69182–69183

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State Department Filing and Processing of AD/CVD Entries and Case NOTICES Management: Review of the Designation of al–Jihad AKA Egyptian National Customs Automation Program Test Concerning Islamic Jihad, et al., as a Foreign Terrorist Automated Commercial Environment Entry Organization, 69186 Summary, Accounts and Revenue Capabilities, 69129–69132 Transportation Department Request for Applicants for Appointment: See Federal Aviation Administration U.S. Customs and Border Protection Airport and Seaport See Federal Railroad Administration Inspections User Fee Advisory Committee, 69133– RULES 69134 Enhancing Airline Passenger Protections, 68983–69004 Veterans Affairs Department NOTICES Treasury Department Agency Information Collection Activities; Proposals, See Engraving and Printing Bureau Submissions, and Approvals, 69191–69192 See Internal Revenue Service RULES Remote Location Filing, 69015–69021 NOTICES Separate Parts In This Issue Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69189–69190 Part II Environmental Protection Agency, 69194–69217 U.S. Customs and Border Protection Part III RULES Presidential Documents, 69219–69242 Remote Location Filing, 69015–69021 NOTICES Accreditation and Approval as a Commercial Gauger and Laboratory: Reader Aids Inspectorate America Corp., 69127 Consult the Reader Aids section at the end of this page for Pan Pacific Surveyors, Inc., 69127 phone numbers, online resources, finding aids, reminders, SGS North America, Inc., 69126–69127 and notice of recently enacted public laws. Accreditation as a Commercial Laboratory: To subscribe to the Federal Register Table of Contents R. Markey and Sons, Inc., 69127–69128 LISTSERV electronic mailing list, go to http:// Approval as a Commercial Gauger: listserv.access.gpo.gov and select Online mailing list Amspec Services LLC, 69128 archives, FEDREGTOC-L, Join or leave the list (or change Inspectorate America Corp., 69128 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8467...... 69221 8468...... 69229 Executive Orders: 13525...... 69231 10 CFR Proposed Rules: 431...... 69036 14 CFR 234...... 68983 253...... 68983 259...... 68983 399...... 68983 Proposed Rules: 39...... 69038, 69040 17 CFR 1...... 69004 275...... 69009 19 CFR 111...... 69015 113...... 69015 141...... 69015 142...... 69015 143...... 69015 26 CFR 1...... 69021 Proposed Rules: 1...... 69043 29 CFR 403...... 69023 408...... 69023 33 CFR 117 (2 documents) ...... 69027, 69028 Proposed Rules: 100...... 69044 165...... 69046 39 CFR Proposed Rules: 111...... 69049 40 CFR 63...... 69194 261...... 69028 Proposed Rules: 52...... 69049 58...... 69050 47 CFR 73...... 69035 Proposed Rules: 73 (2 documents) ...... 69059, 69060

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Rules and Regulations Federal Register Vol. 74, No. 249

Wednesday, December 30, 2009

This section of the FEDERAL REGISTER 9342 (phone), 202–366–7152 (fax), delay data on Web sites; complaint data contains regulatory documents having general [email protected] or on Web sites; reporting of on-time applicability and legal effect, most of which [email protected] (e-mail). performance of international flights; and are keyed to and codified in the Code of SUPPLEMENTARY INFORMATION: customer service plans. Federal Regulations, which is published under We received approximately 200 50 titles pursuant to 44 U.S.C. 1510. Background comments in response to the ANPRM. The Code of Federal Regulations is sold by On November 15, 2007, the Of these, 13 came from members of the the Superintendent of Documents. Prices of Department of Transportation (DOT or industry—i.e., air carriers, air carrier new books are listed in the first FEDERAL Department) issued an Advance Notice associations, and other industry trade REGISTER issue of each week. of Proposed Rulemaking (ANPRM) in associations—and the rest came from Docket DOT–OST–2007–22 entitled consumers, consumer associations, and ‘‘Enhancing Airline Passenger two U.S. Senators. In general, DEPARTMENT OF TRANSPORTATION Protections.’’ This ANPRM was consumers and consumer associations published in the Federal Register five maintained that the Department’s Office of the Secretary days later. See ‘‘Department of proposals did not go far enough, while Transportation, Office of the Secretary, carriers and carrier associations 14 CFR Parts 234, 253, 259, and 399 14 CFR Parts 234, 253, 259, and 399 attributed the current problems mostly [Docket No. DOT–OST–2007–0022] [Docket No. DOT–OST–2007–0022], RIN to factors beyond their control such as weather and the air traffic control RIN No. 2105–AD72 No. 2105–AD72, 72 FR 65233 et seq. (November 20, 2007). We announced in system and tended to characterize the Enhancing Airline Passenger the ANPRM that we were considering proposals as unnecessary and unduly Protections adopting or amending rules to address burdensome. The travel agency several concerns, including, among associations generally expressed AGENCY: Office of the Secretary (OST), others, the problems consumers face support for consumer protections. Department of Transportation (DOT). when aircraft sit for hours on the airport On December 8, 2008, after reviewing ACTION: Final rule. tarmac. We observed that, beginning in and considering the comments on the December of 2006 and continuing ANPRM, we issued a Notice of Proposed SUMMARY: The Department of through the early spring of 2007, Rulemaking (NPRM). See 73 FR 74586 Transportation is issuing a final rule to weather problems had kept more than a (December 8, 2008). The NPRM covered enhance airline passenger protections in few aircraft sitting for long hours on the the following subjects: Contingency the following ways: By requiring air tarmac, causing the passengers undue plans for lengthy tarmac delays; carriers’ carriers to adopt contingency plans for discomfort and inconvenience. We responses to consumer problems; lengthy tarmac delays and to publish observed further that passengers were chronically delayed flights; reporting those plans on their Web sites; by also being harmed by the high incidence certain flight delay information; and requiring air carriers to respond to of less extreme flight delays. We customer service plans. It did not cover consumer problems; by deeming acknowledged that the industry and complaint data on Web sites or continued delays on a flight that is interested observers have attributed reporting of on-time performance for chronically late to be unfair and both the lengthy tarmac waits and many international flights, both of which were deceptive in violation of 49 U.S.C. of the other flight delays to a number of raised in the ANPRM. We decided not 41712; by requiring air carriers to factors besides weather, such as to propose to require carriers to publish publish information on flight delays on capacity and operational constraints, for complaint data on their Web sites their Web sites; and by requiring air example. We also noted that some of because we believe the data would be of carriers to adopt customer service plans, these issues are being addressed by the little or no value to consumers since to publish those plans on their Web Federal Aviation Administration (FAA) consumers already have access to a sites, and audit their own compliance in other contexts. tabulation of airline complaints filed by with their plans. The Department took Citing our authority and passengers with the Department in the this action on its own initiative in responsibility under 49 U.S.C. 41712, in Air Travel Consumer Report. These response to the many instances when concert with 49 U.S.C. 40101(a)(4), complaints are a reliable indicator of the passengers have been subject to delays 40101(a)(9) and 41702, to protect types of complaints about air travel filed on the airport tarmac for lengthy periods consumers from unfair or deceptive by passengers with airlines. We also and also in response to the high practices and to ensure safe and decided not to propose to require incidence of flight delays and other adequate service in air transportation, carriers to report on-time performance consumer problems. we called for comment on seven of international flights for a number of DATES: This rule is effective April 29, tentative proposals intended to reasons, including concerns that a 2010. ameliorate difficulties that passengers reporting requirement could make FOR FURTHER INFORMATION CONTACT: experience without creating undue carriers less inclined to hold flights for Daeleen Chesley or Blane A. Workie, burdens for the carriers. The measures inbound connections resulting in Office of the Assistant General Counsel on which we sought comment in the hardships for passengers in city-pairs for Aviation Enforcement and ANPRM covered the following subjects: with infrequent service. Proceedings, U.S. Department of Contingency plans for lengthy tarmac The Department received 21 Transportation, 1200 New Jersey Ave., delays; carriers’ responses to consumer comments in response to the NPRM. Of SE., Washington, DC 20590, 202–366– problems; chronically delayed flights; these, 10 comments were from members

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of the industry and the rest came from plans; (4) notification to passengers of lengthy tarmac delays. We did receive consumers and consumer associations. flight status changes; (5) inflation comments on this point from carriers, On the consumer side, eight individuals adjustment for denied boarding carrier associations, and airports. filed comments as did three consumer compensation; (6) alternative RAA takes the position that, if the advocacy organizations: Flyersrights.org transportation for passengers on rule is adopted, it should apply only to (formerly the ‘‘Coalition for an Airline canceled flights; (7) opt-out provisions those carriers that hold out services to Passengers Bill of Rights’’ or CAPBOR), where certain services are pre-selected the public, ticket passengers, offer the Aviation Consumer Action Project for consumers at additional costs (e.g., reservation services and control (ACAP) and the Federation of State travel insurance, seat selection); (8) decisions regarding delays and food and Public Interest Research Groups (U.S. contract of carriage venue designation beverage service. RAA states that over PIRG). Of the industry commenters, two provisions; (9) baggage fees disclosure; 90 percent of passengers flying on carriers (US Airways and ExpressJet (10) full fare advertising; and (11) regional aircraft travel on flights that are Airways), and two airport authorities responses to complaints about charter ticketed and handled by mainline (Dallas-Fort Worth International Airport service. carriers who schedule the flights, and and The City of Atlanta Department of that most regional carriers have no Comments and Responses Aviation) filed comments. Three direct interaction with consumers in industry associations filed comments: Tarmac Delay Contingency Plans this regard. RAA also notes that these passengers’ contracts of carriage are The National Business Travel 1. Covered Entities Association (NBTA), the Air Transport with the major carrier, not the regional Association of America (ATA), and the The NPRM: Under the proposed rule, airline, and that a regional carrier Regional Airline Association (RAA). a certificated or commuter air carrier 1 follows the contingency plan of its Two travel agency associations, the that operates domestic scheduled mainline airline partner. RAA explains American Society of Travel Agents passenger service or public charter that regional airlines that operate under (ASTA) and the Interactive Travel service using any aircraft with 30 or agreements with more than one network Services Association (ITSA), also filed more passenger seats 2 would be partner must in some cases comply with comments, as did the Airports Council required to develop and implement a different contingency plans at the same International, North America (ACI–NA). contingency plan for lengthy tarmac airport. According to RAA, at times multiple network carrier contingency In general, the consumers and delays. As proposed, it would apply to plans could be in effect and even in consumer associations maintain that the all of a covered U.S. carrier’s flights, both domestic and international, conflict on the same flight in instances Department’s proposals do not go far where a regional airline operates a enough and contend that additional including those involving aircraft with fewer than 30 seats if a carrier operates single flight for several different regulatory measures are needed to better network carriers. As such, RAA protect consumers. One of the consumer any aircraft with 30 or more passenger seats. We asked for comments on contends that requiring a regional organizations also expressed carrier to have its own plan would disappointment that the Department whether the Department should limit this section’s applicability to carriers increase the conflicts and eliminated two of the proposals, while inconsistencies that could arise as it is industry commenters generally that operate large aircraft—i.e., aircraft originally designed to have a maximum not clear if the regional carrier’s own supported that decision. Overall, contingency plan would supersede the carriers and carrier associations passenger capacity of more than 60 seats—and we asked proponents and contracts of the carriers who marketed continue to characterize some of the and sold the ticket to the consumer. proposals as unnecessary and unduly opponents of this alternative to provide arguments and evidence in support of RAA further asserts that as proposed the burdensome. ATA also expressed a rule unfairly targets regional carriers, number of concerns with the their positions. Comments: We did not receive any which do not make scheduling and/or Department’s preliminary regulatory delay decisions and are most often the evaluation and suggests changes are best comments from individual consumers or consumer groups regarding which first carriers to be subjected to FAA made by addressing weather-related and ground stops. air traffic control related issues. The carriers should be required to develop and implement contingency plans for ExpressJet Airlines agrees with the airport authorities support carriers comments submitted by RAA. It having a contingency plan and 1 A certificated air carrier is a U.S. direct air emphasizes that regional carriers coordination of the plans at medium carrier that holds a certificate issued under 49 operate under code-share agreements and large hub airports, while the travel U.S.C. 41102 to operate passenger and/or cargo and with mainline carriers and that those agency associations expressed support mail service. Air taxi operators and commuter air contracts dictate scheduling, delay, and for consumer protections, with one carriers operating under 14 CFR Part 298 are exempted from the certification requirements of 49 cancellation decisions. It asserts that, as noting a concern with ‘‘unfunded U.S.C. 41102. Some carriers that would otherwise a result of a regional carrier having mandates’’ on travel agents to address be eligible for the air taxi or commuter exemption limited control over these decisions, the problems for which they are not the have opted to be certificated. An air taxi operator rule would impose unfair burdens on cause. The commenters’ positions that is an air carrier that transports passengers or regional carriers. ExpressJet comments property under the authority of Part 298 and is not are germane to the specific issues raised a commuter air carrier as defined in that rule. A that, should the Department require in the NPRM are set forth below. The commuter air carrier is an air taxi operator that carriers to have a contingency plan, all Department plans to seek comment on carries passengers on at least five round trips per Part 121 and 135 carriers should have to ways to further enhance protections week on at least one route between two or more abide by the regulations, not just points according to a published flight schedule, afforded airline passengers in a using small aircraft—i.e., aircraft originally carriers which operate aircraft having 30 forthcoming notice of proposed designed with the capacity for up to 60 passenger or 60 seats or more, since, it is the rulemaking by addressing the following seats. See 14 CFR 298.2. carrier’s opinion, the rule as proposed areas: (1) Review and approval of 2 We inadvertently stated ‘‘aircraft with a design discriminates against the larger of the capacity of more than 30 seats’’ in several sections contingency plans for lengthy tarmac of the NPRM. However, our intention had been to small regional carriers. delays; (2) reporting of tarmac delay state ‘‘aircraft with a design capacity of 30 or more ACI–NA opposes limiting the data; (3) standards for customer service seats.’’ application of the rule to air carriers that

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operate aircraft with more than 60 seats In reaching this decision, we have recognizing that international flights and notes that the rule should extend to concluded that we cannot agree with operate less frequently than most regional airlines as they serve the vast RAA’s reasoning that regional carriers domestic flights, potentially resulting in majority of airports. ASTA also opposes should be treated differently than their much greater harm to consumers if limiting the application of the rule to mainline code-share partners and not be carriers cancel these international carriers that operate large aircraft and responsible to the passengers they flights. Although carriers are free to asserts that the proposal should be transport on the vast majority of their establish their own tarmac delay time extended to all carriers, pointing out operations because of their relationships limits for international flights, and even that the regional airlines carried 160 to those partners. We recognize that the to have different limits for different million passengers in 2007. larger carrier’s personnel may provide specified situations, these limits must US Airways suggests that airports, as pre-flight services and make most of the be included in each carrier’s well as other service providers, should decisions from an operational contingency plan—they are not to be ad be held equally accountable as a fair standpoint on code-shared flights with a hoc decisions made during the course of way to share the burden among regional carrier. As we pointed out in a flight delay. regulated entities, and that international the NPRM, however, even if the An international flight for purposes of operations should not be part of the determination to cancel a flight or keep this requirement is a nonstop flight proposed requirements. ATA, which it on the tarmac is made by the mainline segment that takes off in the United strongly opposes any requirement for carrier or results from action by the States and lands in another country, or hard time limits for returning to a gate FAA, it is the carrier operating the flight vice-versa, exclusive of non-traffic and/or deplaning passengers remotely, that has direct contact with the technical stops. For example, if a U.S. specifically requests that international passengers on the aircraft during a carrier operates a direct flight Chicago- flights be excluded from any hard time tarmac delay and that remains directly New York-Frankfurt, with some limits, (1) due to the difficulty responsible for serving them. Chicago-originating passengers destined associated with accommodating Accordingly, we have decided to apply for New York and others destined for passengers if flights are cancelled, (2) the rule to both carriers in a code-share Frankfurt, and the aircraft experiences a because those flights are better equipped arrangement. We expect that the tarmac delay in Chicago, then we would to keep passengers comfortable for mainline carriers and their regional consider the tarmac delay to be on a longer periods of time, and (3) because code-share partners will collaborate on domestic flight. This is because Chicago-New York is a domestic flight the time, costs, and planning associated their contingency plans to come up with segment even though the final with those flights is much higher. standards that suit both parties. When multiple network carrier contingency destination of the flight is Frankfurt, DOT Response: After fully plans are effective on a single flight Germany. If, on the other hand, the considering the comments received, the operated by a regional carrier, it would aircraft only stops for refueling or a Department maintains that it is likely not be practical for the regional crew change in New York and the reasonable to apply the requirement to carrier to apply different standards to airline carries no Chicago-New York any certificated or commuter U.S. air individuals on the same flight who traffic, then we would consider the carrier that operates passenger service bought their tickets from different tarmac delay in Chicago to be a tarmac using any aircraft with a design capacity mainline partners. Instead, we expect delay on an international flight. of 30 or more passenger seats. In the regional carrier to choose to use the We have decided against applying determining to do so, we note that, contingency plan that is most beneficial this requirement to carriers that operate according to RAA’s own statistics, to all the passengers on that flight. using only aircraft with fewer than 30 regional airlines now carry one out of With regard to the international seats because these entities carry a very every five domestic air travelers in the flights of U.S. carriers, while we small percentage of passenger traffic and United States. Moreover, most regional understand the concerns about applying we are not aware of incidents of lengthy flights are operated by regional carriers hard time limits on deplaning tarmac delays involving carriers that affiliated with a major carrier via a code- passengers on international flights only operate aircraft of this size (i.e., share agreement, a fee-for-service because of the different environment in carriers that exclusively operate aircraft arrangement, and/or an equity stake in which those flights operate, we believe with a design capacity of 29 passenger the regional carrier. DOT statistics also that it is still important to ensure that seats or less). We note that the demonstrate a substantial number of passengers on international flights are requirement to develop and implement passengers are carried on flights also afforded protection from contingency plans applies to carriers operated by aircraft with 30 through 60 unreasonably lengthy tarmac delays. who have any aircraft with 30 or more seats. According to data from the Therefore, we have decided to apply the seats, meaning that it would apply to all Department’s Bureau of Transportation requirement to develop and implement aircraft of those carriers, including those Statistics (BTS), a total of 668,476,000 a contingency plan for lengthy tarmac with fewer than 30 seats. domestic passengers were transported in delays to both the domestic and 2. Content of Contingency Plan 2008, 96,310,000 of which were on international flights of each U.S. carrier flights using aircraft with 30 through 60 operating any aircraft with 30 or more The NPRM: Under the NPRM, each seats. The large number of passengers passenger seats. This requirement plan would have been required to carried on such aircraft accompanied by applies to U.S. carriers even if they include at least the following: The the increase in the ‘‘branding’’ of those operate only international scheduled or maximum tarmac delay that the carrier operations with the codes of major charter service. would permit; the amount of time on carriers has blurred the distinction However, we have arrived at more the tarmac that would trigger the plan’s between small-aircraft and large-aircraft flexible requirements with regard to the terms; an assurance of adequate food, service in the minds of many content of the contingency plans for a water, lavatory facilities, and medical passengers. As such, it seems U.S. carrier’s international flight (i.e., attention, if needed, while the aircraft appropriate to extend the rule to these flexibility to determine the time limit to remains on the tarmac; an assurance of operations in order to better protect the deplane passengers on tarmac) as sufficient resources to implement the majority of consumers. compared to its domestic flights, plan; and an assurance that the plan has

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been coordinated with all of the airport The industry commenters expressed a returning to the gate may not even be authorities at medium and large hub different point of view. NBTA stated possible. U.S. airports served by the carrier. We that it does not support DOT requiring In general, RAA maintains that the specifically asked for comment on carriers to develop contingency plans rule requiring contingency plans should whether the Department should set a and specifically the content of those not be adopted because, it contends, the uniform standard for the time interval plans. It does support the rule will not solve the current delay that would trigger the terms of carriers’ recommendations issued by the Tarmac problem and the Department should contingency plans and a time interval Delay Task Force, but does not believe instead focus on initiatives that increase after which carriers would be required plans should be required by regulation; the efficiency of the Air Traffic Control to allow passengers to deplane. If rather, NBTA contends that airlines, (ATC) system. Regarding the content of establishing a time interval was under marketplace constraints, are more contingency plans, similar to ATA, RAA recommended, we asked commenters to likely to resolve tarmac delay issues in maintains that the Department should propose specific amounts of time and a manner most beneficial to the largest permit airlines to adopt their own plans explain why they believe those time number of passengers. that allow flexibility and reflect their intervals to be appropriate. ATA agrees in principle that carriers own circumstances, capabilities, and Comments: Consumer associations should have contingency plans covering passenger service standards. RAA also and individuals generally support a lengthy tarmac delays on domestic asserts that the proposed requirement of stronger proposal than that proposed by flights, provided that each air carrier is providing ‘‘adequate’’ food and water is the Department. For example, permitted to decide on the details of its unreasonable and impracticable for Flyersrights.org continues to maintain own plan based on its own unique regional airlines because most regional that the Department should establish facilities, equipment, operating airlines have no catering facilities and minimum standards for contingency procedures, and network. ATA reports do not have storage room on smaller plans through regulation and should that carriers already have both general aircraft for contingency supplies. RAA also review and approve the plans contingency plans and airport-specific further states that regional airlines serve rather than allow each carrier the contingency plans that reflect the small community airports that do not leeway to set what it fears might be diverse facilities, equipment and have vendors or facilities from which overly lax standards. Specifically, the network of each carrier. ATA notes that the airlines could readily obtain organization requests that the the Tarmac Delay Task Force supplies of food and water. Similar to comments of the airline Department set a ‘‘three hours plus’’ recommends coordination among air time limit for an aircraft to return to the associations, US Airways believes that a carriers, airports, and the appropriate gate and deplane passengers, if the pilot rule will not reduce tarmac delays, as government agencies, and supports determines this can be accomplished those delays occur due to circumstances coordinating contingency plans with safely. It also requests that in any rule outside a carrier’s control (i.e., weather, airports, but notes that a carrier cannot proposed or adopted, we refer to ATC system, etc.), and states that it force an airport to cooperate in that ‘‘potable water’’ and ‘‘operable already has a plan in place that coordination. As such, ATA thinks this lavatories’’ rather than simply ‘‘water’’ addresses how to handle a tarmac delay part of the proposed rule should not be and ‘‘lavatory facilities’’ respectively. of longer than one hour. US Airways Other consumer associations concur adopted, but if it is, suggests that some states that a carrier should not be with Flyersrights.org. ACAP asserts that changes are necessary to ensure, for mandated to return to the gate at a fixed this proposal is ‘‘an unlawful delegation example, that a carrier is not held time, rather this decision should be left of DOT authority and responsibility to responsible for the airport’s failure to to carrier expertise, and that forcing an regulate airlines in the public interest by provide services within its control or for aircraft to return to the gate at a fixed delegating this function to the airlines an airport’s failure to coordinate with a time may lead to more flight themselves’’ and that the proposal will carrier in executing a plan. cancellations. Additionally, the carrier lead to a multiplicity of unenforceable ATA continues to oppose any notes that it has improved its own ‘‘standards’’ and ‘‘plans’’ that will offer requirement for a set interval of time performance based on pressure from fewer passenger protections. ACAP also after which an aircraft must be returned market forces. ExpressJet Airlines, who suggests three hours as the maximum to the gate, particularly on international also asserts that most delays are beyond interval before passengers are allowed to flights, claiming that such a requirement the direct control of carriers, thinks that deplane and, without being specific, would do passengers more harm than a DOT rule could have unintended suggests payments should be made to good and equate to artificial scheduling consequences for the consumer, which passengers who are confined for longer restrictions. Among the potential could lead to increased flight periods of time. negative consequences ATA lists are cancellations. Individual commenters make similar potential conflicts with government Of the airports and airport authorities points. For example, they tend to think agency directives governing safety or that commented on this proposal, the Department should set minimum security that could require that Dallas-Fort Worth International Airport standards, particularly regarding the passengers be kept on aircraft, and approves of the elements of the rule that amount of time that triggers the increased flight cancellations in any one require air carriers to (1) develop and provisions of the contingency plans and place that could affect passengers implement contingency plans for the maximum amount of time an aircraft further down the line. In addition, ATA lengthy tarmac delays, (2) include in can remain on the tarmac before the suggests that, if the proposal is adopted, their plan the maximum delay that will carrier must return the aircraft to a gate the Department should include an trigger the plan’s terms in order to and allow passengers to deplane. Some exception that exempts carriers from the provide adequate warning to service comments also suggested specific times rule if returning to the gate would providers that may be called upon for to trigger the terms of a carrier’s conflict with orders of the FAA or other support during the event, and (3) ensure contingency plan and/or for passengers agencies (e.g., Customs & Border that the plan has been coordinated with to be allowed to deplane. For example, Protection), and notes, among other airport authorities at large and medium one commenter suggested 1.5 hours and things, that in weather delay situations hub airports that the carrier serves. It three hours, respectively. taxiway configurations are such that also states that ‘‘coordination of each air

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carrier’s contingency plans with the forth in the NPRM, with one important the carrier serves, including medium airports they serve is an important part exception: We are strengthening the and large hub diversion airports. Failure of this process to enable shared protections for consumers from those to do any of the above would be situational awareness and timely initially proposed by setting time limits considered an unfair and deceptive response to lengthy delay events in an (1) for carriers to provide food and water practice within the meaning of 49 U.S.C. effective manner.’’ to passengers; and (2) to deplane § 41712 and subject to enforcement The City of Atlanta, Department of passengers when lengthy tarmac delays action, which could result in an order Aviation, supports the guidance as occur on domestic flights. In adopting to cease and desist as well as the provided by the DOT Tarmac Delay this approach, we have carefully imposition of civil penalties. Task Force, and the Department’s considered all the comments in this There is little, if any dispute that proposal for carriers to coordinate proceeding and believe that our action passengers stuck on an aircraft during a contingency plans for lengthy tarmac strikes the proper balance between lengthy tarmac delay deserve to be delays with medium and large hub permitting carriers the freedom to make provided some type of food, potable airports. It states that 2 hours is an marketplace-based decisions while water, working lavatories, and, if appropriate time to trigger the terms of ensuring consumers can count on necessary, medical care. We believe a a carrier’s contingency plan and agrees receiving the protections they deserve in two-hour time limit is a reasonable that passengers should be provided the unlikely event of an extended maximum time after which carriers basic services as proposed by the tarmac delay. should ensure that passengers Department. Finally, it states that The final rule requires that each plan experiencing a tarmac delay are carriers’ plans should provide for include, at a minimum, the following: provided food and potable water. communication, coordination, and (1) An assurance that, for domestic Carriers, of course, are free to establish collaboration among airport operator, flights, the air carrier will not permit an an earlier time at which they will airlines, Federal agencies, and other aircraft to remain on the tarmac for more provide these services. As pointed out service providers. by ATA and confirmed in reports to ACI–NA supports the proposal, in than three hours unless the pilot-in- Congress by the Department’s Inspector general. ACI–NA opines that DOT command determines there is a safety- General, most large carriers already have should not impose a maximum time related or security-related impediment contingency plans providing for such limit for deplaning passengers during to deplaning passengers (e.g.,kiiii services. As for RAA’s assertion that lengthy tarmac delays and that airport- weather, air traffic control, a directive most regional airlines lack the resources specific plans should not be required, in from an appropriate government agency, to provide adequate food and water order to give airlines flexibility, but it etc.), or Air Traffic Control advises the during lengthy tarmac delays, it seems does support requiring carriers to post pilot-in-command that returning to the information regarding their plans at gate or permitting passengers to to be based on a misconception that their ticketing and gate areas. ACI states disembark elsewhere would extensive supplies are needed. The that DOT should review the plans prior significantly disrupt airport operations; Department would consider snack foods to their implementation and that (2) for international flights that depart such as pretzels or granola bars that airlines should coordinate their plans from or arrive at a U.S. airport, an carriers typically provide on flights to with all airports at which they provide assurance that the air carrier will not suffice as ‘‘adequate’’ food. We have scheduled or charter service, not just permit an aircraft to remain on the clarified in this rule, as suggested by at medium and large hub airports. ACI also tarmac for more than a set number of least one commenter, that the water suggests a template be developed that hours, as determined by the carrier in its required under our rule must be can be used to assist airlines and plan, before allowing passengers to ‘‘potable,’’ i.e., drinking water. airports in addressing the appropriate deplane, unless the pilot-in-command We are also persuaded that the elements for coordination. determines there is a safety-related or Department should require a set time As for the travel agency associations, security-related reason precluding the limit, in the case of domestic flights, for ASTA strongly supports the notion of aircraft from doing so, or Air Traffic the point in time after which carriers carriers adopting and complying with Control advises the pilot-in-command would be required to allow passengers contingency plans and believes that the that returning to the gate or permitting to deplane, with exceptions for issues DOT should review the plans to ensure passengers to disembark elsewhere related to safety, or security or other they contain specific promises that are would significantly disrupt airport government requirements that may enforceable. ASTA also supports the operations; (3) for all flights, an arise. Passengers on flights delayed on imposition of a single mandatory assurance that the air carrier will the tarmac have a right to know that deplanement time limit, the three hours provide adequate food and potable there is a reasonable limit and that the provided in the legislation introduced water no later than two hours after the limit will be enforced by the by Senators Boxer and Snowe and aircraft leaves the gate (in the case of a Department. We conclude that a three- Representative Mike Thompson. departure) or touches down (in the case hour time limit is the maximum time However, in its initial comments, ASTA of an arrival) if the aircraft remains on after which passengers must be took a different position and opposed the tarmac, unless the pilot-in-command permitted to deplane from domestic the Federal government mandating a determines that safety or security flights given the cramped, close specific time after which passengers requirements preclude such service; (4) conditions on aircraft and the typical must be deplaned. Rather, it suggested for all flights, an assurance of operable scheduled time for these flights. We allowing each carrier to adopt its own lavatory facilities, as well as adequate have not selected a maximum delay time limits for each requirement, and medical attention if needed, while the time of less than three hours because requiring carriers to publish their aircraft remains on the tarmac; (5) an taxi times of an hour or more are not policies in print ads and on their Web assurance of sufficient resources to unusual at certain large airports, such as sites. ITSA did not comment on this implement the plan; and (6) an the New York airports. By holding the proposal. assurance that the plan has been airlines to a bright line rule of three- DOT Response: We have decided to coordinated with airport authorities at hours after which passengers must be adopt a final rule along the lines set all medium and large hub airports that deplaned, the Department has

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established a tarmac delay limit that is the flexibility to determine this time Task Force, we also urge carriers to both reasonable and easier to enforce. limit. This limit will also allow include in their coordination efforts While we agree with consumers and exceptions for consideration of safety, appropriate government authorities consumer groups that passengers should security and instances where Air Traffic such as Customs and Border Protection have protection from remaining on an Control advises the pilot-in-command and the Transportation Security aircraft on the tarmac for an extended that returning to the gate or permitting Administration, when appropriate. period of time, we agree with ATA and passengers to disembark elsewhere 3. Incorporation of Contingency Plan other commenters that operational and would significantly disrupt airport Into Contract of Carriage safety-related concerns, such as ATC- operations. We note that the Department related concerns or an inability to return is considering revisiting the issue of The NPRM: The NPRM proposed that to the gate without delaying other whether carriers should set specific time each covered carrier would be required aircraft, should be taken into limits to deplane passengers on to incorporate its plan in its contract of consideration. Thus, we have also international flights in a supplemental carriage and make its contract of included an exception for safety, notice of proposed rulemaking. carriage available on its Web site. We security, or instances where Air Traffic Some consumer groups and also invited interested persons to Control advises the pilot-in-command individuals requested that the comment on the implications of a that returning to the gate or permitting Department include in the rule a private right of action based on a passengers to disembark elsewhere requirement that the contingency plans carrier’s failure to follow the terms of its would significantly disrupt airport be filed with and be reviewed and contingency plan and to address the operations. We believe this strikes an approved by the Department. Such a potential for multiple lawsuits by appropriate balance between allowing requirement is beyond the scope of this classes as well as individual plaintiffs air carriers flexibility to address their rulemaking. Moreover, we are not and the potential for inconsistent operational concerns while also convinced that this requirement is judicial decisions among various providing passengers with a reasonable necessary or the best use of Department jurisdictions. Additionally, we asked time after which they can expect to aviation consumer protection resources commenters to address whether and to return to the gate and deplane, as well at this time. Carriers are required to what extent requiring the incorporation as make alternate travel arrangements, if adhere to all Department rules, and it of contingency plans in carriers’ necessary. Those arrangements could would be a departure from Department contracts of carriage might weaken include re-boarding the same aircraft if practice to require carriers to file with existing plans by making carriers more the carrier decides to continue the same it proof that they have done so. The reluctant to be specific and possibly flight to its original destination, in Department and its predecessor in such expose themselves to liability. which case a new three-hour period matters, the Civil Aeronautics Board, Comments: Flyersrights.org supports would begin when the aircraft left the have issued numerous other consumer requiring carriers to incorporate their gate. The Department views the three protection rules that detail specific contingency plans into their contracts of hour time limit as the outside limit at requirements carriers must follow carriage in order to provide passengers which time an aircraft should have without having carriers file with the an avenue for redress for breach of returned to the gate or another government proof that they have or are contract. ASTA also strongly supports appropriate disembarkation area in prepared to comply with the rule. We the notion of carriers incorporating the order to deplane passengers. If the see some merit in approving carrier contingency plans into their contract of carrier has reason to know that a gate or contingency plans if the Department carriages in order to enable consumers other appropriate means by which to were to dictate more detailed to more effectively enforce their rights. deplane passengers will not be available requirements regarding their contents With regard to the potential for at the three hour mark, we expect the and we plan to explore this approach in inconsistent judicial decisions if airlines carrier to make reasonable attempts to a future rulemaking. In the meantime, must include their plans in their deplane passengers earlier. we will review the larger carriers’ plans contracts of carriage, ASTA points out With regard to deplaning passengers and, randomly, other carriers’ plans that this means merely that airlines will on international flights, we are within a year of the rule’s effective date face the same litigation risks that all persuaded by comments that mandating to ensure the plans contain the businesses face, and notes that the Task a specific time frame for deplaning provisions as required by this rule. Force recommendations can be used as passengers on these flights may be With regard to coordination of plans, a defense. harmful to consumers because of the because tarmac delays are particularly According to RAA, regional carriers different environment in which those problematic in situations where flights should not be required to incorporate a flights operate. Because international must be diverted from their intended contingency plan into their contract of flights are of much longer duration on destination airports, this rule requires carriage because most regional average, it is possible that delays may carriers to coordinate their plans not passengers are subject to the ticketing not have as negative an impact on only with medium and large hub carrier’s contract of carriage. ExpressJet consumers and their expectations. Also, airports to which they regularly operate, also states that, because a passenger is because international flights tend to but also with airports that serve as flying under the contract of carriage of operate less frequently than most diversion airports for such operations. the mainline carrier, a passenger’s domestic flights, flight cancellations The Department is not convinced by recourse should be against the mainline may result in much greater harm to comments that it should remove the carrier, and not the regional carrier. consumers who are less likely to be requirement for airlines to coordinate ATA explains that it shares the accommodated on an alternate flight in with airports because a carrier cannot Department’s goal of enhancing service a reasonable period of time. As such, force an airport to cooperate in that for airline passengers but disagrees that while this rule requires U.S. carriers to coordination. It is essential that airlines rules are required to achieve this goal establish time limits for deplaning involve airports in developing their and strongly opposes incorporation of a passengers who experience lengthy plans to enable them to effectively meet contingency plan into a contract of tarmac delays on international the needs of passengers. As carriage. ATA challenges the operations, we are permitting carriers recommended by the Tarmac Delay Department’s legal authority to do this

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in the aftermath of deregulation. ATA airline contingency plans in contracts of 4. Retention of Records argues that the Department may not carriage to be in the public interest. The NPRM: The NPRM proposed that substitute a different enforcement For these reasons, we strongly covered carriers retain for two years the process other than the one Congress encourage carriers to include their following information for any tarmac intended (i.e., there should not be a contingency plans in their contracts of delay that either triggers their private right of action for violations of carriage and are requiring that carriers contingency plans or lasts at least four section 41712) and states that such an with a Web site post either their hours: The length of the delay; the cause imposition would subject carriers to the contracts of carriage containing the of the delay; and the actions taken to vagaries of law in the fifty States. plans or the plans themselves (if they minimize hardships for passengers. Our DOT Response: The Department chose not to include the plans in their proposal did not contemplate that the disagrees with the arguments of ATA contracts of carriage) on their Web sites Department would review or approve and other carrier commenters that we in easily accessible form. Additionally, the plans, but we stated that the lack the authority to require to provide carriers with added incentive Department would consider failure to incorporation of contingency plans in comply with any of the above contracts of carriage and that such to incorporate their plans into their contracts of carriage, we will publicize requirements—including implementing incorporation would subject carriers to the plan as written—to be an unfair and the risk of inconsistent standards among a list of carriers that do and do not so incorporate their plans via regular press deceptive practice within the meaning various jurisdictions. However, the of 49 U.S.C. 41712 and therefore subject releases, the Department’s Web site, and Department has decided that it will not to enforcement action. require such incorporation at this time. other means available to us. We will Comments: ATA questions the need Instead, the Department strongly also be closely monitoring carriers’ for the proposed record-retention encourages carriers to incorporate the responses to our efforts in this regard requirement covering lengthy tarmac terms of their contingency plans in their and will not hesitate to revisit our delays, asserting that the Department’s contracts of carriage, as most major decision here in the airline consumer BTS already has reporting requirements carriers have done voluntarily with protection rulemaking that we plan to covering similar issues, with the respect to their customer service plans. commence in the near future. Finally, if exception of how carriers respond to At the same time, the Department will necessary, we will consider using our delay situations. With regard to this undertake a series of related measures to authority to condition carrier category of information, ATA suggests ensure the dissemination of information certificates, as required in the public that a record retention requirement of regarding each airline’s contingency interest, to ensure that our consumer six months would be sufficient and plans. As proposed in the NPRM, the protection goals are met. See 49 U.S.C. argues that retention of record for long Department requires that each air carrier 41109. periods of time will impose additional with a Web site post its entire contract As noted above, while the Department and unnecessary costs. of carriage on its Web site in easily has decided not to require at this time DOT Response: The Department does accessible form, including all updates to incorporation of contingency plans in not believe that it is advisable to remove its contract of carriage. The Department airline contracts of carriage, we disagree the record-retention requirement for a also requires each air carrier with a Web with ATA’s contentions that we lack the number of reasons. First, certificated site that chooses not to include their authority to require such incorporation U.S. carriers that account for at least one plan in its contract of carriage post the and that the exercise of such authority percent of domestic scheduled plan itself on its Web site in easily passenger revenue currently provide would risk creating inconsistent accessible form. Finally, the Department delay data to BTS but the requirement standards across jurisdictions. Our will shortly commence a new to retain information for lengthy tarmac broad authority under 49 U.S.C. 41712 rulemaking proceeding addressing delays under this final rule would apply to prohibit unfair and deceptive possible further enhancements to airline to additional carriers—any certificated practices, and under 49 U.S.C. 41702 to passenger protection in which it may or commuter air carrier that operates consider, among other things, whether ensure safe and adequate transportation, scheduled passenger service or public the voluntary incorporation of clearly encompasses the regulation of charter service using any aircraft with contingency plan terms urged here has contingency plans. We have 30 or more passenger seats. Second, resulted in sufficient protection for air consistently exercised that authority for most of the delay information that this travelers. decades and will continue to do so. rule requires carriers to retain is more The airlines’ incorporation of their Moreover, while we have chosen not to specific than the delay data the largest contingency plans into their contracts of require the incorporation of contingency airlines currently submit to BTS. This carriage is an important means of plans in airline contracts of carriage at rule requires carriers to retain for two providing notice to consumers of their this time, there is nothing new, or unfair years the following information on any rights, since that information will then to carriers, about airlines being subject, tarmac delay that either triggers their be contained in a readily available through civil proceedings in State contingency plans or lasts at least three source. Carriers’ contracts of carriage are courts, to action for failing to comply hours (as opposed to four hours in the generally posted online and must, by with their contracts of carriage for air NPRM): The length of the delay, the Department rule, be available at transportation. To the contrary, carriers specific cause of the delay, and the steps airports. Better informed consumers will have historically been subject to such taken to minimize hardships for further improve the Department’s actions and, indeed, the Department has passengers (including providing food enforcement program as consumers are for years published advice to consumers and water, maintaining lavatories, and more likely to know of and report about pursuing claims against airlines, if providing medical assistance); whether incidents where airlines do not adhere necessary, in appropriate State small the flight ultimately took off (in the case to their plans. Better consumer claims courts precisely because the of a departure delay or diversion) or information will also create added Department has no authority to returned to the gate; and an explanation incentive for carriers to adhere to their adjudicate individual claims and make for any tarmac delay that exceeded three plans. We believe the incorporation of monetary awards. hours, including why the aircraft did

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not return to the gate by the three-hour are unable to designate personnel with aircraft, that is responsible for passing mark. Aside from the length of the delay responsibility for influencing delay information about that situation to the and whether the flight ultimately took decisions since delay decision-making mainline partner, and that has direct off or returned to the gate, the remaining is not a function of regional airline contact with the passengers and remains information that this rule requires employees. NBTA characterizes this the sole means for directly serving them. carriers to retain is not available through proposal as micromanagement of airline As such, this final rule requires all data that the largest airlines submit to customer service and unnecessary to airlines operating scheduled passenger BTS. As for the cause of a delay, meet the needs of its business travelers. service using any aircraft with 30 or although the largest airlines do submit NBTA maintains that an air carrier’s more passenger seats to designate an information to BTS about the nature of response to cancellations and delays is employee to monitor the effects of flight ground delays, this information is very a key factor by which purchasers make delays, flight cancellations, and lengthy general (i.e., air carrier, extreme their buying decisions, and opposes a tarmac delays on passengers and to weather, National Aviation System, mandate that airlines create new provide input into decisions on which security, and late arriving aircraft). This customer service positions at each flights to cancel and which will be rule requires carriers to retain airport. FlyersRights.org defers to the delayed the longest. It applies to all of information on the specific cause(s) of Department and the airlines to a covered U.S. carrier’s scheduled the tarmac delay. We note that the determine the best use of airline flights, both domestic and international, Tarmac Delay Task Force dealt with this manpower to mitigate the effects of including those involving aircraft with issue in its report to the Secretary, and flight delays, cancellations and lengthy fewer than 30 seats if a carrier operates listed a number of lengthy on-board tarmac delays. any aircraft with 30 or more passenger ground delay causal factors.3 We DOT Response: The Department has seats. The requirement to designate recommend that carriers use that list for decided to require carriers to designate advocates for passenger interests applies examples of the types of delay causes an employee to monitor performance of to U.S. carriers even if they operate only that the Department is looking for their flights; however, we are persuaded international scheduled service. carriers to include in their retained that we should not require carriers to 2. Informing Consumers How To records. Third, to the extent that carriers designate an employee at their systems Complain already collect and submit to BTS operations center as well as at each certain elements of the information that airport dispatch center, as long as The NPRM: Under the proposed rule, this rule requires, then there is no real whatever employee(s) are designated a certificated or commuter air carrier burden to them of complying with the can monitor flight delays and that operates domestic scheduled requirement. cancellations throughout the carriers’ passenger service using any aircraft with systems and have input into decisions 30 or more passenger seats would be Response to Consumer Problems regarding how to best meet the needs of required to inform consumers how to 1. Designated Advocates for Passengers’ passengers affected by any irregular file a complaint with the carrier (name Interests operations. By adopting this of person, address, telephone number, and e-mail or Web-mail address) on its The NPRM: The NPRM proposed to performance standard, the Department Web site, on all e-ticket confirmations, require certificated and commuter air leaves it up to each carrier to determine and, upon request, at each ticket counter carriers that operate domestic scheduled the most efficient and effective method and gate. passenger service using any aircraft with to monitor the effects of flight delays and cancellations (e.g., designate Comments: Flyersrights.org supports 30 or more passenger seats to designate, the proposal requiring airlines to at its system operations center and at individual(s) at its systems operations center, designate individual(s) at each provide information to passengers on each airport dispatch center, an how to file a complaint. ACI–NA states employee to monitor the effects on airport dispatch center, designate individual(s) at another location). This that consumers should be provided passengers of flight delays, flight information regarding how to file a cancellations, and lengthy tarmac delays rule does not require carriers to hire new employees to comply with this complaint, which should include the and to have input into decisions such as appropriate contact information, which flights are cancelled and which provision as these responsibilities may be borne by current employees in including a contact name, address, are subject to the longest delays. telephone number and e-mail or Web Comments: ATA supports the idea of addition to their other responsibilities. address. designating an airline employee at a We disagree with RAA’s assertion that regional carriers have no control over ATA supports the proposal for carrier’s operation center to monitor the carriers to provide passengers complaint effects of flight delays and cancellations, decisions on delays, diversions and contact information but contends that provided that the designee is a current cancellations and thus should not be the Department should not dictate the employee who carries out other required to designate an employee to particular communication method to be responsibilities as well. It does not monitor such occurrences. We recognize used (e.g., e-mail, carrier’s Web site, support requiring such an employee at that, as a rule, regional carriers’ traditional mail, telephone). Instead, each airport dispatch center, claiming mainline partners make most of the ATA states that the Department should that this would duplicate existing decisions from an operational allow carriers the flexibility to choose procedures and would strain carriers’ standpoint on code-shared flights with a the contact method for customer resources without easing the problems regional carrier; however, this does not complaints, as each of these various that consumers face. In general, RAA lead to the conclusion that regional methods carries with them associated thinks this provision is unnecessary as carriers are or should be totally removed costs. In particular, ATA emphasizes the airlines have no incentive to leave a from the process. Even if the expense of telephone ‘‘talk time’’ and plane full of passengers on the tarmac. determination to cancel or delay a flight explains that this would impose a high RAA further notes that regional airlines or keep it on the tarmac is made by the mainline carrier, the regional carrier as cost on airlines without countervailing 3 The model contingency plan is available at the carrier operating the flight is the benefits, given other complaint methods http://www.regulations.gov [Docket No. DOT–OST– entity that knows first-hand the available to consumers. ATA points out 2007–0108–0124.2]. situation within and surrounding the that all of its members already provide

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complaint contact information on their individuals may decide against sending make clear that the requirement to have Web sites. ATA also reiterates its strong a complaint because of the ‘‘hassle’’ complaint contact information in those opposition to the proposal that would they see in writing a letter, addressing locations would not apply to those require carriers to include complaint an envelope, and mailing the letter. airlines as the rule does not require contact information on e-tickets. It states However, we are persuaded that not all regional carriers that do not have Web that this proposal is unnecessary and of the contact methods for customer sites or a presence at an airport to costly as it believes there is no complaints listed in the proposal are provide information on filing indication that finding complaint necessary. In this regard, we agree with complaints via these channels. contact information is a problem and ATA that we need not require carriers However, we see no reason to narrow views e-ticket space as being limited to receive complaints by telephone. In the coverage of this requirement to and having significant commercial value reaching this conclusion, we do not exclude regional airlines. Passengers to the carrier and third parties. ATA mean to imply that carriers should not who wish to complain to regional estimates that the ‘‘value to the U.S. have in place some mechanism for airlines should be able to find out how industry as a whole of the e-ticket space, resolving consumer problems in real to do so. which it asserts the Department time, and failure to do so may require 3. Response to Consumer Complaints proposes to ‘confiscate’ is $5 million us to revisit this decision in the future. annually,’’ an amount it claims far We also do not see the necessity in The NPRM: Under the NPRM, a exceeds the DOT’s estimate of the requiring carriers to accept complaints certificated or commuter air carrier that proposal’s value. ATA also suggests that by fax. As a result, this rule only operates domestic scheduled passenger the Department not require airlines to requires carriers to provide passengers service using any aircraft with 30 or name a specific employee contact their e-mail or Web-form address and more passenger seats would be required person for complaint purposes since their mailing address. Of course, in to acknowledge receipt of each airline personnel change frequently, and addition to accepting complaints by e- consumer complaint within 30 days of recommends that carriers be required to mail and traditional mail, airlines are receiving it and send a substantive provide a position/office so complaints free, and we encourage them, to accept response to each complainant within 60 are directed to the right department. customer complaints through other days of receiving it. RAA notes that most regional airlines methods. This final rule also clarifies Comments: ASTA and Atlanta’s already have systems in place to handle that it is sufficient for airlines to Department of Aviation strongly support passenger complaints and to coordinate identify the designated department this proposal. Atlanta’s Department of those systems with their mainline within the airline with which to file a Aviation states that acknowledging a partners. If the Department adopts a complaint instead of identifying a complaint within 30 days and providing proposal for carriers to provide specific employee contact person. a substantive response within 60 days is passengers complaint contact We require that complaint contact reasonable considering airline concerns information, RAA asserts that any information be provided on carrier Web about increased staffing and the need for requirement to post complaint sites, on all e-ticket confirmations, and consumers to know their complaints information on airline Web sites or e- upon request at all airline ticket have been received and concerns will be ticketing confirmations should apply to counters and boarding gates. In reaching addressed. Flyersrights.org also the ticketing carrier and not to regional this decision, we note that the supports the proposal but takes the airlines. According to RAA, many comments do not demonstrate that position that carriers should be required regional airlines do not have their own including complaint contact to provide a ‘‘proposed final resolution’’ Web sites upon which to post complaint information on e-ticket confirmations rather than a ‘‘substantive response’’ information and states that only the would impose substantial costs on within 60 days. ticketing airline should have a ‘‘legal’’ airlines despite such assertions. Only a Of the carrier associations, ATA responsibility to consumers claiming limited amount of space on an e-ticket supports requiring carriers to respond to breach of contract. RAA also asserts that space is needed to provide complaint consumer problems and cites the in some cases there is no regional airline contact information. Moreover, a carrier voluntary commitments to do so that a employee at the gate, ticket counter, or can comply with this requirement for number of carriers have long had in elsewhere in the airport. providing contact information on an place. ATA states that its members agree DOT Response: The Department electronic e-ticket confirmation or that consumers should receive an rejects carriers’ suggestions that it leave itinerary by including a link to a Web acknowledgment within 30 days after completely to the discretion of each site containing the complaint their complaints are received, and a carrier the methods that carriers must information in lieu of displaying the substantive response within 60 days, make available to consumers to contact entire text of the contact information, with an exception to the 30 day an airline. While generally the which will take up even less space on acknowledgement requirement for Department prefers specifying ends an e-ticket. It is our opinion that extenuating circumstances such as mail rather than means, it is important to requiring complaint contact information delivery and address problems, or when identify a sufficient number of contact on e-tickets and, upon request, at each carriers need to obtain additional methods for customer complaints and ticket counter and departure gate would information from a passenger. ATA adds require carriers to accept such be beneficial to consumers as a large that the Department needs to clarify the complaints to ensure that all passengers number of passengers do not have term ‘‘complaint’’ as meaning a who wish to express their access to the Internet while traveling complaint that raises customer service dissatisfaction are able to do so easily. and would not be able to access the concerns and that is submitted to the For example, if an airline were to only complaint contact information through carrier’s customer relations department. accept complaints by e-mail then those the airlines’ Web sites. ATA notes that complaints made without access to the Internet would In response to RAA’s comment that through other means cannot be tracked face significant difficulty in filing a many regional airlines do not have their by the carriers and the response complaint. On the other hand, if an own Web sites and there is no regional coordinated. ACI–NA supports the airline were to only accept complaints airline employee at the gate or ticket Department’s proposal that carriers by traditional mail then a number of counter in some airports, we wish to should have 30 days to acknowledge a

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complaint and 60 days to provide a responsible for making scheduling also report on-time performance data, a passenger with a substantive response. decisions. ExpressJet explains that prohibition against smaller carriers ACI–NA also believes the proposal typical regional carriers operate under a operating chronically delayed flights as should apply to all airlines operating code-share agreement with one or more defined in this rule would be difficult aircraft with more than 30 seats, larger air carriers which agreements and impractical to enforce as there is no including regional carriers. grant to the larger carrier the right to mechanism in place for the Department DOT Response: We have decided to make non-safety related decisions to independently determine whether adopt a rule along the lines set forth in regarding the regional carrier’s schedule such carriers are complying with the the NPRM. The Department believes of flights. ACI–NA expressed requirement. The Department believes that 30 days to acknowledge a disappointment that the Department that the cost of requiring smaller carriers complaint and 60 days to provide a defined ‘‘covered carrier’’ as only those to report on-time performance data in passenger with a substantive response that account for at least one percent of order to be able to determine whether represent standard practice in the domestic scheduled passenger revenue these carriers operate chronically industry and should allow carriers and did not propose to provide all delayed flights outweighs the benefits to adequate time to investigate and consumers the same level of protection. consumers in light of the fact that the respond appropriately. By ‘‘substantive ACI–NA maintains that the requirement operations of the reporting carriers response’’ we mean a response that should apply not only to large carriers account for nearly 90 percent of all addresses the specific problems about but also to the operations of regional or domestic passenger enplanements. As which the consumer has complained. feeder carriers. ACI–NA points out that such, we will not apply this This type of response often results in a delays harm passengers just as much requirement to smaller carriers. We are resolution of the complaint. We are also regardless of which certificate holder also clarifying that this requirement clarifying that by ‘‘complaint’’ we mean operates the aircraft. ACI–NA further does not apply to certificated U.S. a specific written expression of notes that regional airlines operate half carriers that only operate cargo and mail dissatisfaction concerning a difficulty or of the daily domestic flights and provide service as the concern about chronically problem which the person experienced the only scheduled service to delayed flights involves passenger when using or attempting to use an approximately 70 percent of U.S. service. The final rule applies to airline’s services and that contains airports. certificated U.S. carriers that operate sufficient information for the carrier to DOT Response: The Department passenger service and that account for at identify the passenger. Airlines will be continues to believe that the substantial least one percent of domestic scheduled required to acknowledge and respond to cost burden that compliance with this passenger revenue. all such complaints even if a passenger requirement would impose on the smaller carriers, which are not required 2. Definition of a Chronically Delayed does not submit it directly to the Flight carrier’s customer relations department. to collect or report on-time performance The Department would expect, as we data, would outweigh any The NPRM: In the NPRM, we find is largely already the case, that a corresponding public benefits. proposed to define a chronically delayed flight as a flight by a covered passenger complaint sent to the wrong Therefore, the chronically delayed flight carrier that is operated at least 30 times office or department at an airline would provision should not apply to those in a calendar quarter and arrives more be expeditiously forwarded to the smaller carriers. Under 14 CFR Part 234, any than 15 minutes late, or is cancelled, appropriate office within the airline. certificated U.S. carrier that accounts for more than 70 percent of the time during Chronically Delayed Flights as at least 1 percent of domestic that quarter. We proposed that the Violations of 49 U.S.C. 41712 scheduled-passenger revenues is Department would consider a required to file an ‘‘On-Time Flight chronically delayed flight to be an 1. Covered Entities Performance Report’’ with the unfair and deceptive practice within the The NPRM: Under the proposed rule, Department’s Bureau of Transportation meaning of 49 U.S.C. 41712 if it is not the Department would consider any Statistics on a monthly basis, setting corrected before the end of the second chronically delayed flight of a forth specified information for each of calendar quarter following the one in certificated U.S. carrier that operates its flights held out in Official Airline which it is first chronically delayed. We passenger service and/or cargo and mail Guide (OAG), in the computer invited interested persons to comment service and that accounts for at least one reservations systems (CRS), or in other on an alternate definition of a percent of domestic scheduled schedule publications. As a result, the chronically late flight as one that is passenger revenue to be an unfair and Department’s Office of Aviation operated at least 30 times in a calendar deceptive practice and an unfair method Enforcement and Proceedings can quarter and that arrives at least 30 of competition within the meaning of 49 obtain data from BTS that enable the minutes late at least 60 percent of the U.S.C. 41712. office to determine whether the time. We also asked whether we should Comments: RAA takes the position schedules that the reporting airlines adopt an even stricter definition favored that this requirement should only apply cause to be listed in the OAG and CRS by the Department’s Inspector General to airlines that hold out services to the are indicative of the schedules that the (IG), i.e. a flight that is delayed 30 public and ticket passengers. RAA carriers could reasonably be expected to minutes or more, or cancelled, at least reasons that regional airlines lack the achieve and whether the reporting 40 percent of the time during a one ability to engage in the behavior the airlines are operating flights that we month period. We noted that we were Department is seeking to prevent since would consider to be chronically late. considering the option of not treating a regional airlines fly schedules These data do not currently exist in a flight that remains chronically delayed established by major airlines and do not single location for other carriers, i.e., for three consecutive quarters as an advertise or publish flight times smaller carriers, and these carriers unfair and deceptive practice and an independent of the mainline partner. would incur significant costs in setting unfair method of competition if every Similarly, ExpressJet states that this up the infrastructure to collect, compile prospective passenger using any requirement should not be applied to and report this information. Unless the available channel of purchase is regional carriers because they are not Department requires smaller carriers to informed before buying a seat on that

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flight that the flight is chronically airport’s operations, which can impact least 10 times in a month and arrives delayed. The NPRM also broadly asked both the airport’s finances and the local more than 30 minutes late (including for comments on other possible chronic community’s economy. ACI–NA cancelled flights) more than 50 percent delay standards. disagrees with the option put forth in of the time during that period. We find Comments: Flyersrights.org favors a the rulemaking that the Department not persuasive the comments that suggested stricter definition of a chronically treat a chronically delayed flight as an that the Department should define a delayed flight than the one proposed in unfair and deceptive practice if the flight as chronically delayed if it is late the NPRM, specifically, that a passenger is informed that a flight is more than 50 percent of the time rather chronically delayed flight should be chronically delayed prior to purchase, than 70 percent of the time, as a flight defined as a flight that operates at least as it questions how DOT could that is delayed ‘‘more often than not’’ is 30 times in a calendar quarter and determine that every passenger has been commonly viewed by consumers and arrives more than 15 minutes late more appropriately informed. ACI–NA also the public at large as being chronically than 50 percent of the time during that questions whether it is reasonable to delayed. From the standpoint of the quarter. Flyersrights.org further states define a chronically delayed flight as a consumer, the offering of scheduled that it finds woefully lax a requirement flight that is delayed more than 70% of service and the acceptance of that would allow a carrier to operate a the time in a calendar quarter. ACI–NA reservations by a carrier give rise to the chronically delayed flight for three explains that a 50% standard is more justifiable expectation that the carrier consecutive calendar quarters (9 reasonable as air travelers should be has the intent and the capability to months) and asserts that carriers should able to expect that airlines can arrive at arrive at the promised time. Consumers not be allowed two calendar quarters the promised time for at least half of rely on carrier schedules and, to the (six months) to correct chronically their operations. ACI–NA supports the extent they are chronically inaccurate, delayed flights. Instead, Flyersrights.org proposal to consider chronically consumers are seriously harmed. We are suggests that carriers be provided one delayed flights operated for three also changing the criteria in the calendar quarter (3 month period) to fix consecutive calendar quarters as an definition of a chronically delayed flight the problem. Flyersrights.org also unfair and deceptive practice. related to the number of operations that disagrees with the option suggested by Of the travel agency associations, must take place in a given time period the Department not to consider a ASTA, supports defining a chronically from at least 30 operations in a calendar chronically delayed flight as an unfair delayed flight as an unfair and quarter to at least 10 operations in a and deceptive practice if all the deceptive practice, but suggests that the month, as we believe a monthly passengers are informed that the flight proposal can be improved in a number standard is a more precise, simplified is a chronically delayed flight before of ways. First, ASTA argues that a and rigorous standard by which to purchasing a ticket, as it allows a carrier chronically delayed flight should be determine a chronic delay. Further, we to continue providing poor service. It defined as a flight that is late more than are amending the threshold defining a also states that DOT should provide for 50 percent of the time as this is in tune flight delay for purposes of this a parallel regulatory approach for with the way most people think of this requirement from 15 minutes late to 30 ‘‘chronically cancelled’’ flights as well. issue. As an alternative, ASTA notes minutes late because while no consumer Of the consumer associations that that it could also support the DOT likes delay, the real concern appears to commented on this provision, ACAP Inspector General’s recommendation of be with significant delays, the kind that concurs with Flyersrights.org. Several a 40 percent factor with a 30 minute result in missed connections and other individual commenters stated that they trigger. Second, ASTA asserts that problems. believe a chronically delayed flight airlines should be able to cure a chronic should be considered an unfair and delay problem in three months rather With regard to when to classify a deceptive practice. than six months. ASTA notes its chronically delayed flight as an unfair Of the carrier associations that concern that as proposed an airline can and deceptive practice, the Department commented, ATA supports the operate a flight that is delayed 70 agrees with comments that the proposal proposed definition of a chronically percent of the time for nine months provided too much time for airlines to delayed flight as a flight that operates at before there is a remedy. ASTA also act to correct chronically delayed least 30 times in a calendar quarter and strongly opposes the ‘‘option’’ of flights. The final rule specifies that a arrives 15 minutes late, or is cancelled, excusing chronically delayed flights flight that remains chronically delayed more than 70% of the time during that from being considered an unfair and for more than four consecutive one- quarter. ATA supports the proposal not deceptive practice if a consumer is month periods is an unfair or deceptive to consider it an unfair and deceptive informed of the chronic delay. ASTA practice within the meaning of 49 U.S.C. practice if a passenger is informed when explains that this option encourages the 41712 and subject to enforcement purchasing a ticket that a flight is airlines to continue operating action. This more stringent standard chronically delayed. RAA asserts that a chronically delayed flights while will better ensure that airlines do not prohibition on chronically delayed shifting the cost burden onto the retail schedule flights that they reasonably flights is unnecessary as airlines are distribution system to inform the public know or should know are going to be already motivated to provide delay-free about the practice on a flight-by-flight seriously late most of the time, thereby service since airlines incur costs (e.g., basis. providing consumers more reliable must pay crews overtime, burn fuel), DOT Response: The Department information about the actual arrival time negative publicity and adverse agrees with commenters advocating the of a flight. We also believe this consumer reaction when on-time need to strengthen the definition of a provision provides carriers adequate performance suffers. RAA emphasizes chronically delayed flight and is time to adjust their schedules. Carriers that, rather than penalizing airlines, the adopting a more rigorous set of criteria know at the beginning of month two Department should focus on improving for determining what constitutes a whether the flights they operated during the efficiency of our nation’s ATC chronically delayed flight in an effort to month one were chronically late. We system. further improve carrier performance. believe that carriers can make ACI–NA maintains that delays cause The final rule defines a flight as adjustments to their schedules within passengers to lose confidence in an chronically delayed if it is operated at 60 days; therefore, we expect that

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during months two, three and four be an unfair or deceptive practice and Delay Data on Carriers’ Web Sites carriers would adjust their schedule for an unfair method of competition within 1. Covered Entities/Scope each of their chronically late flights to the meaning of 49 U.S.C. 41712. The NPRM: Under current rule, make the schedule for that flight more Comments: We received only one realistic by month five. While flight certificated air carriers that account for comment on this issue. ATA opposes delays for weather, mechanical, or other at least 1 percent of domestic scheduled the proposal to continue requiring that operational reasons occur frequently in passenger revenues (‘‘reporting the airline industry, the Department advertising of on-time performance carriers’’) are required to track on-time considers the continued publishing of reveal the detailed information about performance, report it to DOT, and schedules that list chronically late basis of the calculation. ATA states that provide, during the course of flights to be one form of unrealistic the effect of requiring so many data reservations/ticketing discussions or scheduling and an unfair or deceptive points will be to prevent the use of this inquires about flights, the on-time practice and unfair method of statistic. ATA also asserts that the performance percentage for a flight competition within the meaning of 49 Department should not adopt this upon request. In the NPRM, we U.S.C. 41712. proposal as there isn’t any consumer proposed to continue requiring In the NPRM, we expressed some demand for this level of detail and it reporting carriers’ reservations agents to concern that if a significantly larger would create a burden with no public disclose on-time performance number of flights are defined and benefit. information to consumers only upon identified as chronically delayed flights request although we had solicited DOT Response: This rule continues to then carriers may choose to cancel these comment in the ANPRM as to whether flights rather than operate them. The prohibit carriers providing scheduled reservations agents should disclose this Department believes that the definition passenger service from engaging in information to consumers without being of chronically delayed flight in this final unrealistic scheduling, which can be asked and whether any disclosure rule, while more stringent than the one many things beyond the Department’s requirement should be expanded to proposed, will nevertheless not lead to definition of a chronically delayed flight cover more types of carriers or travel a large number of flight cancellations as that a carrier continues to hold out for agents. In the NPRM, we also proposed we have found, based on calendar year more than four consecutive months. For requiring reporting carriers to provide 2008 data provided by BTS, that the vast example, a flight that is cancelled 30 certain flight delay data on their Web majority of the chronically delayed percent of the time for a sustained sites. We proposed to require this delay flights as defined in this rule were not period of time could be considered to be data only for flights of reporting carriers chronically delayed for four or more unrealistic scheduling. The posting of but asked commenters if we should in consecutive months. This indicates that unrealistic schedules can have a addition require the reporting carriers to carriers were able to ensure that these significant and harmful impact on post delay data on their Web site for all flights operated on schedule without consumers. When a carrier publishes their domestic code-share partners’ canceling flights. schedules, it assumes an obligation to flights, including those carriers that are We are not adopting the option we adhere to those schedules insofar as is not themselves required to report on- suggested in the NPRM of not treating reasonable. A carrier’s practice of time performance. We decided not to a flight that remains chronically delayed propose requiring on-line travel publishing schedules that it knows or for three consecutive quarters (now after agencies to post delay data on their Web should know it probably will not four consecutive months) as an unfair sites (a proposal upon which we and deceptive practice if every achieve can also adversely affect solicited comment in the ANPRM) prospective passenger using any competition, which ultimately redounds because of concerns that the cost would available means of purchase is informed to the further detriment of consumers, outweigh the benefits. before buying a seat on that flight that whose choices in air travel may have Comments: No one commented as to the flight is chronically delayed. We are been reduced by the carrier’s artifice. whether the proposal to continue concerned that this proposal could With respect to the advertising of requiring reporting carriers to disclose result in more chronically delayed schedule performance, this rule the on-time performance code for a flights and that it would be difficult for continues to regard as an unfair or flight upon request should or should not the Department to determine if all deceptive practice the use of any figures be expanded to cover more carriers (e.g., passengers were properly notified prior purporting to reflect schedule or on- domestic scheduled passenger service using aircraft with 30 or more seats) or to purchasing a ticket that the flight is time performance without indicating the more types of flights (e.g., code-share a chronically delayed flight. basis of the calculation, the time period flights). The comments received on 3. Unrealistic Scheduling of Flights involved, and the pairs of points or the scope/coverage addressed only the (Other Than Chronically Delayed percentage of system-wide operations proposal to require carriers to publish Flights) thereby represented and whether the delay data on their Web sites. The NPRM: Other than an editorial figures include all scheduled flights or Flyersrights.org recommends that the change (the removal of references to only scheduled flights actually regulation require covered carriers to ‘‘Board’’), the proposal would not make performed. We are not persuaded by post flight delay information only for any other changes to the existing rule ATA’s assertions that this requirement code-share flights operated by carriers which states that unrealistic scheduling is not beneficial to consumers. Without that report on-time performance, as this of flights by any air carrier providing this requirement, a carrier’s advertising will narrow the amount of information scheduled passenger air transportation of on time performance could be very required. Flyersrights.org suggests that or the use of any figures, with respect misleading and consumers would not the Department can expand the to the advertising of schedule have any basis for determining whether requirement later based on consumer performance, purporting to reflect a statistic provided by a carrier is comments. ACI–NA believes that it is schedule or on-time performance trustworthy or even relevant to their important for consumers to have access without providing detailed information particular circumstance. to comprehensive on-time performance about the basis of the calculation would data and strongly supports requiring

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that flight delay data be made available currently only 21 non-reporting U.S. comment on this provision of the on reporting carriers’ Web sites for all carriers that code-share with reporting NPRM. However, at the ANPRM stage, the domestic code-share flights of that carriers, and the on-time performance ATA expressed its strong opposition to carrier. data for these carriers may be collected requiring carriers’ reservations agents to ATA states that, given the through third party entities at a disclose on-time information without Department’s proposal not to impose reasonable cost. FlightStats is an being asked, because of its belief that any data reporting requirements on example of a third party which collects the high cost of compliance would travel agents, the proposal unfairly detailed on-time performance data for outweigh its speculative benefit. burdens the reporting carriers as these many airlines. Moreover, the benefit of DOT Response: We have decided to carriers would uniquely bear the cost of flight delay data to consumers does not issue a rule along the lines set forth in collecting data, programming, and differ based on whether the flight is the NPRM. Specifically, the final rule updating their booking sites to reflect operated by a reporting carrier, its requires a reporting carrier to disclose such data. ATA also contends that the reporting code-share partner or its non- upon request the on-time performance proposal is unfair to the approximately reporting code-share partner. We note of a flight during the course of thirty percent of passengers who book that if more than one reporting carrier reservations discussions or inquires through carriers’ Web sites as they has an agreement with the same code- about flights. We note that requiring would be burdened with having to see share partner, each reporting carrier carriers to provide passengers on-time performance information that they did must display on its website the on-time performance data during discussions, not request and likely do not want. ATA performance information for the covered transactions or inquires, even if not suggests that the ‘‘excessive flight that bears the reporting carrier’s requested, would be burdensome to a performance data display’’ may even code. degree and of dubious benefit. We note discourage booking travel through We again considered applying the that the rule has been amended to carriers’ Web sites. ATA’s comments requirement to publish delay data to clarify that the requirement to provide indicate that it supports extending the online travel agencies, but we continue on time performance data upon request requirement for disclosure of flight to view the cost of requiring on-line applies whether a member of the public delay information on Web sites to cover travel agencies to post the flight delay is speaking with a carrier’s employee or online travel agencies if the Department information as outweighing the benefits contractor. imposes such a requirement on to passengers. The cost to on-line travel 3. Disclosure of Flight Delay Information reporting carriers. On the other hand, agencies of complying with such a on Web Site ITSA supports the preliminary requirement is much higher than it is for conclusions reached by the Department the reporting carriers because of costs The NPRM: This proposal would that the cost of imposing a requirement associated with reformatting the Global require covered carriers to include for for online travel agencies to post flight Distribution Systems (booking engines each listed flight in the flight inquiry/ delay information would vastly used by travel agencies) and Online booking stream on their Web sites, at a outweigh the benefits to consumers. Travel Companies (online agencies with point before the passenger selects a ITSA urges the Department to make independent airline ticket booking flight for purchase, the following final its tentative decision not to apply capabilities). information for the flight for the most this requirement to online travel recent calendar month for which the 2. Disclosure of Flight Delay Information companies, global distributions systems carrier has reported on-time by Airline Reservation Agents and other third party online reservation performance data to DOT: (1) The services. ASTA notes that the The NPRM: This proposal would not percentage of arrivals that were on time Department wisely exempts travel make any changes to the existing rule (within 15 minutes of scheduled arrival agencies from the requirement to which requires covered carriers to time); (2) the percentage of arrivals that disclose flight delay information. disclose upon request the on-time were more than 30 minutes late; (3) DOT Response: We have decided to performance of a flight during the special highlighting of any flight that continue to require reporting carriers to course of reservations/ticketing was late (i.e., arrived more than 15 disclose the on-time performance code discussions, transactions, or inquires minutes past scheduled arrival time) for a flight upon request as there were about flights between a carrier’s more than 50 percent of the time; and no comments received on this point and employees and the public. We decided (4) the percentage of cancellations. We the rule as is works well from the not to propose that the carrier proposed that this information be Department’s perspective. The final rule reservations agents be required to provided by either showing the requires a reporting carrier to display on disclose a carrier’s on-time performance percentage of on-time arrivals on the its Web site flight delay information for at the time of booking without being initial listing of flights and disclosing each flight it operates and for each flight asked (an issue upon which we solicited the remaining information on a later its U.S. code-share partners operate for comment in the ANPRM) because of page at some stage before a consumer which schedule information is concerns that the costs of providing this buys a ticket, or by making available all available. The Department believes that information to all callers, whether the required information via a hyperlink requiring a reporting carrier to display requested or not, would be unduly on the page with the initial listing of on its Web sites flight delay information burdensome to carriers and of dubious flights. We also proposed to require that for each domestic flight it holds out as benefit to consumers, particularly if the carriers load the delay information for its own will help consumers make better rule provides for flight delay the previous month into their internal informed decisions when selecting information on the carriers’ Web sites. reservations systems between the 20th flights. In adopting this approach, we Comments: Flyersrights.org states its and 23rd day of the current month to are rejecting arguments that requiring a continued belief that passengers would ensure that all carriers are posting reporting carrier to provide flight delay like to be told, without having to ask, information covering the same period. information for domestic code-share about the past on-time performance of Comments: In general, individual flights operated by carriers that do not the flight they are discussing on the commenters (as opposed to report on-time performance would phone or in person with a carrier organizations) who addressed this issue unduly burden them. There are employee or travel agent. ATA did not agree that carriers should be required to

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disclose flight delay information on inclusion of this proposal in the final information until just before they click their Web sites. One commenter notes rule. the ‘‘Buy Now’’ button. By providing that she has concerns that the cost to DOT Response: The final rule requires flight delay data to consumers at an modify and provide delay information that covered carriers provide on their earlier stage, they can choose during the on a carrier’s Web site may be too Web sites the following on-time browsing/shopping phase whether or burdensome and, consequently, may be performance information: (1) Percentage not to abandon consideration of a given passed on to consumers. of arrivals that were on time—i.e., flight that is canceled regularly or has a FlyersRights.org urges that airlines be within 15 minutes of scheduled arrival high percentage of delays longer than 30 required to post the on-time time; (2) the percentage of arrivals that minutes. To ensure that all carriers are performance data for all their flights were more than 30 minutes late posting flight delay information rather than just the nonperforming (including special highlighting if the covering the same month, the final rule flights. flight was late more than 50 percent of maintains the language in the proposal ATA supports requiring disclosure of the time); and (3) the percentage of that carriers load data for the previous on-time arrival percentages for each flight cancellations if 5 percent or more month into their internal reservation flight on a carrier’s Web site for the most of the flight’s operations were canceled systems between the 20th and 23rd day recent reported calendar month as this in the month covered. The Department of the current month. information is already reported to BTS. recognizes that industry representatives However, ATA objects to a requirement support only the requirement to post on- Carriers’ Adherence to Customer for carriers to report and display any time (within 15 minutes of scheduled Service Plans flight delay data not currently required arrival time) arrival percentages for each 1. Covered Entities by BTS. ATA asserts that collecting and flight on a carrier’s Web site because reporting on the data categories this information is already reported to The NPRM: This proposal would proposed by the Department in its BTS. However, the Department views require carriers covered by 14 CFR Part NPRM would be expensive and overly the posting of the percentage of arrivals 234 (‘‘Airline Service Quality burdensome because it would require that were more than 30 minutes late as Performance Reports’’)—i.e., certificated substantial efforts to capture this important because consumers are air carriers that account for at least one information, significant reprogramming particularly interested in significant percent of domestic scheduled of internal software, rebuilding of delays as these delays are the kind that passenger revenue (‘‘reporting portions of Web sites and delay of other are likely to result in missed carriers’’)—to adopt customer service critical technology projects. ATA also connections and other serious problems. plans for their scheduled service and for contends that the requirement does not The Department is also requiring special public charter flights that they sell have any offsetting benefits. ATA highlighting of flights if they are late directly to the public and audit their reiterates its comment to the ANPRM more than 30 minutes of scheduled adherence to their plans annually. We that past delay information is unlikely arrival time more than 50 percent of the explained in the NPRM that we are to predict future performance because of time to enable consumers to make more proposing that the rule include public variations in seasonal weather. It notes informed travel decisions. For example, charter flights because the operating that 70 percent of delays and chronic lengthy delays on short flights carrier is the party responsible for cancellations are due to weather, which may result in passengers choosing other ensuring that charter passengers receive makes performance data from previous modes of transportation, choosing many of the promised services in those periods a poor predictor of the earlier flights or selecting a different customer service plans. The NPRM did passenger’s probable flight experience. airline. Without a requirement for not provide an explanation as to the ATA also states that the additional data carriers to publish such information, reason that the Department tentatively that the Department is proposing knowing which flights are often late can decided not to cover all U.S. airlines carriers make available on their Web be difficult for passengers to determine, that operate scheduled passenger sites would provide little additional which can lead to frustration and service using any aircraft with 30 or consumer benefit since many carriers confusion. Similarly, without a more passenger seats as proposed in the already post on-time data on their Web requirement for carriers to post ANPRM. sites. ATA further expresses concern information about flights that are Comments: ATA believes that the that flight on-time statistics can be cancelled more than 5% of the time, Department should require all carriers misinterpreted by passengers and consumers would be unaware prior to to adopt customer service plans, not just provides an example of a passenger purchasing a ticket on that flight that it U.S. airlines that account for at least one erroneously assuming a flight will be is regularly cancelled. We agree with percent of scheduled domestic delayed in September because it was carriers that publishing data on the passenger revenue. ACI–NA also delayed in August and arriving late for percentage of cancellations for all flights supports imposing this requirement on the flight and missing that flight. is an unnecessary burden and may all carriers, as it does not believe there Similar to ATA, NBTA supports result in too much ‘‘clutter’’ on the Web is any justification for protecting only a requiring carriers to provide on-time site. portion of the traveling public. RAA performance information to consumers With regard to the manner in which identifies six regional carriers that only ‘‘so long as these requirements are this information must be posted on account for at least one percent of aligned with performance reports that carriers’ Web sites, we have amended scheduled domestic passenger revenue carriers must file with DOT.’’ ASTA the rule so carriers must show all the and argues that this requirement should states that it is not ‘‘convinced of the delay data on the initial listing of flights not apply to any of them since none of efficacy’’ of the publication of delay or by a hyperlink on the page with the them offer their own reservations data on a carrier’s Web site. ITSA thinks initial listing of flights. We were services and do not ticket passengers for this is a matter best left to the concerned that if we permitted carriers the vast majority of their services. marketplace, and concurs with ATA to simply display flight delay ExpressJet also filed comments that data will be of no use due to the information at any stage before a contending that the requirement for unpredictability of weather-related consumer buys a ticket it could result in customer service plans should not apply delays. As such, ITSA does not support passengers not having access to that to regional carriers operating as code-

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share partners of mainline airlines Consequently, this final rule requires purpose of a preliminary determination because these carriers do not sell or U.S. airlines that operate scheduled of whether they are sufficiently specific hold out transportation to customers, as passenger service using any aircraft with and enforceable. NBTA thinks that their mainline partners do. 30 or more passenger seats (including customer service is best left to market DOT Response: In response to carriers that code-share with mainline forces, but a baseline standard for comments, the Department has changed carriers) to adopt and audit a customer passengers’ rights should exist. ATA the types of carriers that are covered by service plan, and to publish this plan on supports the proposal that carriers adopt this requirement. We agree with their Web sites. It is important to note and adhere to their customer service commenters that the benefits afforded that this requirement applies to all of a plans and states that its members consumers by airlines’ customer service covered U.S. carrier’s scheduled flights, adopted customer service plans in 2000 plans should be expanded beyond both domestic and international, and have made these plans available to consumers who purchase tickets for including those involving aircraft with the public. In response to the flights on U.S. airlines that account for fewer than 30 seats if a carrier operates Department’s question as to whether it at least one percent of scheduled any aircraft with 30 or more passenger should require carriers to describe in domestic passenger revenue. A seats. The requirement to adopt and customer plans the services a carrier substantial number of domestic air audit a customer service plan, and to provides to mitigate passenger travelers in the United States are carried publish this plan on the Web site inconveniences resulting from on flights using aircraft with 30 through applies to U.S. carriers even if they cancellations and misconnections, ATA 60 seats. As mentioned earlier, in 2008, operate only international scheduled states that carriers need flexibility to according to data received from BTS, a service. take action that will minimize the total of 668,476,000 domestic impact of delays. In this regard, ATA 2. Content of Customer Service Plan passengers were transported, 96,310,000 explains that carriers should not be of which were on flights using aircraft The NPRM: We proposed in the required to provide a list of services, as with 30 through 60 seats. Many of these NPRM that, at a minimum, each plan it would ultimately diminish passenger were carried by non-reporting carriers. would have to address the same subjects satisfaction due to the loss of flexibility Because of the use of smaller aircraft to as the customer service elements to deal with specific situations. ATA carry a significant number of domestic adopted from the ATA’s Customers First also notes that services can be very passengers, we conclude that it is initiative: (1) Offering the lowest fare specific, change over time, and include appropriate to extend the rule to these available; (2) notifying consumers of competitively sensitive information. operations in order to better protect the known delays, cancellations, and RAA contends that many of the majority of consumers. Moreover, in a diversions; (3) delivering baggage on subjects proposed to be addressed in a Final Report on Airline Customer time; (4) allowing reservations to be customer service plan would be Service Commitments issued on held or cancelled without penalty for a inappropriate if applied to an airline February 12, 2001, the Department’s IG defined amount of time; (5) providing that does not hold out, market, sell or recommended that all U.S. carriers be prompt ticket refunds; (6) properly ticket its services. RAA states that most required to adopt customer service accommodating disabled and special- regional carriers do not offer fares, take plans. Subsequently, in a Status Report needs passengers, including during reservations, ticket passengers, receive on Actions Underway to Address Flight tarmac delays; (7) meeting customers’ payment from passengers, provide Delays and Improve Airline Customer essential needs during lengthy on-board refunds to passengers, or have their own Service issued on April 9, 2008, the IG delays; (8) handling ‘‘bumped’’ frequent flyer rules or cancellation recommended that U.S. airlines that passengers in the case of oversales with policies. ExpressJet asks that the provide domestic scheduled service fairness and consistency; (9) disclosing Department eliminate elements in the using any aircraft with more than 30 travel itinerary, cancellation policies, customer service commitments, such as passenger seats be required to self-audit frequent flyer rules, and aircraft the requirement that a customer service such plans. configuration; (10) ensuring good plan ‘‘ensure good customer service With regard to the comments from customer service from code-share from code-share partners,’’ that it asserts RAA and ExpressJet that this partners; and (11) improving has no applicability to carriers that do requirement should not apply to responsiveness to customer complaints. not hold out and sell air transportation regional carriers when conducting We solicited comment on whether we to individuals. operations under code-share agreements should also require carriers to describe DOT Response: The Department with larger carriers, we disagree. We in their customer service plans the agrees with comments from RAA and recognize that regional or other airlines services they provide to mitigate ExpressJet that some of the subjects that code-share with mainline carriers passengers’ inconvenience resulting proposed to be addressed in the generally do not offer their own from flight cancellations and missed customer service plan would only apply reservations and ticketing services or connections and to specify whether they in the context of the relationship directly perform certain other customer provide these services in all between a seller of the air transportation service elements. However, we cannot circumstances or only when the cause of and a buyer, and it would thus not be agree that they should not be the cancellations or missed connections appropriate to mandate that carriers that responsible at all to the passengers they were within their control. do not offer their own reservation transport during many of their Comments: Flyersrights.org and its services or ticket passengers adopt a operations because of their relationships members support the proposal and take plan for addressing these elements. to those larger airlines. Instead, we have the position that the Department should More specifically, we view the customer decided to apply the requirement to also establish minimum standards for service elements concerning offering the adopt and audit customer service plans carriers to meet their obligations under lowest fare available, allowing in a more flexible manner, as described the plans, review the plans for reservations to be held or cancelled below, that takes into account their role, adequacy, and approve them if without penalty for a defined amount of including the fact that certain carriers appropriate. ASTA also recommends time, and providing prompt ticket that may not hold out and sell air that the Department undertake to review refunds as having no applicability to an transportation to consumers. the customer plans at least for the airline that does not hold out, market,

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sell or ticket its services. Similarly, the 3. Incorporation of Customer Service plans into carriers’ contracts of carriage commitment concerning disclosing Plan Into Contract of Carriage provides individuals notice of their travel itinerary, cancellation policies, The NPRM: The NPRM proposed that rights and carrier responsibilities in a frequent flyer rules and aircraft each covered carrier be required to readily available source and will help configuration would also not be incorporate its customer service plan in improve compliance with the matters so applicable to an airline that does not its contract of carriage and make its incorporated. However, as stated in our sell or ticket its services to the extent contract of carriage available on its Web discussion of contingency plans, we these travel-related disclosures are made site. As in the case of contingency plans believe that incentives exist for carriers at the point of sale. We are further for lengthy tarmac delays, we invited to include their customer service plans persuaded that only an airline that sells interested persons to comment on the in their contracts of carriage and, as air transportation to individual implications of our creating a private pointed out by the Department’s customers should be required to adopt right of action here, particularly Inspector General in his 2006 report, most major airlines already do so. a plan ensuring good customer service potential benefits to passengers, from its code-share partners. As such, potential negative consequences, and As discussed above, the Department will require each air carrier that has a airlines that do not offer their own the costs to carriers. Web site to post its entire contract of reservations and ticketing services may Comments: Flyersrights.org notes that incorporating customer service plans carriage on its Web site in easily comply with the provisions of the accessible form, including all updates to customer service elements that address into a contract of carriage is important as it provides an avenue for individual its contract of carriage. The Department functions they do not perform by passengers to enforce airline promises. will also require each air carrier with a including in their customer service plan Flyerrights.org also supports providing Web site that chooses not to include under each of these elements an contract of carriage information on a their customer service plan in its explanation that this service is not carrier’s Web site, stating that it contract of carriage to post the plan provided by them and identifying the provides passengers an opportunity to itself on its Web site in easily accessible airline that provides the service. With educate themselves on the carrier’s form. regard to the other required elements in stated obligations. ACAP and U.S. PIRG Many airlines already post their a customer service plan, including the agree with the views of Flyersrights.org. contract of carriage, including their promise to handle overbooked ASTA also supports incorporating the customer service plan, on their Web passengers with fairness and customer service plans into the contract site. An airline’s contract of carriage is consistency, we believe that the covered of carriage, but has concerns about its also available for public inspection at airlines, whether or not they sell air effectiveness because DOT does not airports and ticket offices. The purpose transportation to passengers, have plan to review the plans to ensure of this requirement is to ensure that responsibilities in this area and must sufficient specificity and enforceability. interested consumers can easily review fully address these subjects in their ATA opposes a requirement that these an airline’s contract of carriage, which customer service plans. plans be incorporated in carriers’ as of the effective date of the rule may include the customer service plan of The Department has decided to contracts of carriage. ATA challenges airlines that choose to incorporate such require carriers to describe in customer the Department’s legal authority to do this in the aftermath of deregulation and a plan. By reviewing an airline’s plans the services a carrier provides to argues that the Department cannot contract of carriage, consumers can find mitigate passenger inconvenience substitute Congress’s chosen out an airline’s stated legal obligations resulting from cancellations and enforcement mechanism which to passengers and be better informed misconnections. Consumers deserve to precludes private judicial enforcement about their rights and a carrier’s know up front what to expect in such with one of its own creation. ATA also responsibilities when problems occur an event. We believe that carriers expresses concern that litigation costs (for example, the passenger’s rights and already note in their contracts of would increase dramatically over carrier’s responsibilities if an airline carriage many of the services they will current levels if each customer service delays or cancels a flight or loses a bag). provide to mitigate passenger commitment were incorporated into This rule also requires each covered inconveniences due to flight airlines’ contracts of carriage. carrier that has a Web site to post its irregularities. Moreover, our DOT Response: Although we agree entire contract of carriage on its site in requirement here is in no way a with the commenters about the benefits easily accessible form. Many airlines limitation on carriers. They always of customer service plans being already post their contract of carriage on retain the flexibility to provide incorporated into a carrier’s contract of their Web site. An airline’s contract of additional services, when necessary. carriage, we will not in this final rule carriage is also available for public The Department also agrees with make such incorporation a mandatory inspection at airports and ticket offices. commenters that there should be some requirement of covered carriers, for the The purpose of this requirement is to same reasons as stated in our discussion ensure that interested consumers can baseline standard in place to ensure that of contingency plans. The Department easily review an airline’s contract of the carriers’ customer service plans are has determined that for now it should carriage, which as of the effective date specific and enforceable. The NPRM, strongly encourage carriers to of rule may include the customer however, did not propose to establish voluntarily incorporate the terms of service plan of airlines that are required such standards. Consequently, the their customer service plans in their to have such a plan. By reviewing an Department plans to seek comment contracts of carriage. At the same time, airline’s contract of carriage, consumers about establishing standards for the Department will undertake a series can find out an airline’s stated legal ensuring compliance with customer of related measures to ensure the obligations to passengers and be better service plans in a forthcoming notice of dissemination of information regarding informed about their rights and a proposed rulemaking. The preamble to each airline’s customer service plans. carrier’s responsibilities when problems that NPRM will discuss this issue in The Department believes that occur (for example, the passenger’s more detail. incorporation of the customer service rights and carrier’s responsibilities if an

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airline delays or cancels a flight or loses and the extent to which each airline met change the bargain that existed when a bag). the provisions under its plan for the the ticket was purchased. purpose of making recommendations for 4. Audit of Customer Service Plans DOT Response: As we believe that improving accountability, enforcement consumers have the right to receive The NPRM: The NPRM proposed that and consumer protections afforded to accurate information at the time of each covered carrier audit its own air travelers. purchase about the terms in the contract adherence to its plan annually and make The Department believes that audits of carriage that are applicable to them the results of its audits available for the of customer service plans should be and to which they will be held, this Department’s review for two years. We conducted at least once a year to enable final rule prohibits carriers from rejected carriers’ arguments in an airline to quickly take action if it retroactively applying any material comments to the ANPRM against learns that it is not in compliance with amendment to their contracts of carriage requiring audits and invited carriers that its customer service plans or if it is not that has any significant negative oppose self-auditing as unduly effectively implementing its plan. If implications for consumers who have burdensome to provide evidence of the audits are conducted once every three already bought tickets. We believe that costs that they anticipate. We also years as suggested by one commenter, it would be unfair, for example, for a rejected consumers’ arguments that the an airline may not be properly passenger to purchase a non-refundable Department should set standards for the implementing its customer service plans ticket in March for a flight in May and audits, review all audits, or have them for quite some time before it becomes to learn later that the carrier added a done by our IG. aware of the problem. We are also not significant fee in April that the Comments: NBTA favors giving the requiring that the audits be conducted passenger would be subject to and that Department’s IG the resources to ‘‘at similar times in the year’’ or even may have affected his/her purchase conduct audits of carriers’ customer decision had he/she been aware of it. service plans, and suggests that these that there be a single unified audit of all This provision is included in the rule as audits be conducted not more frequently the subjects covered in the customer than once every three years and at service plans, in order to allow each a new section 253.9 in Part 253. airline the flexibility to design an audit similar times in the year to provide Effective Date of Rule accurate comparative information. ATA program that fits its particular agrees with the self-auditing proposal operational environment. The NPRM: In the NPRM, we proposed that the final rule take effect because internal auditors are more Retroactive Applicability of 180 days after its publication in the familiar with the industry, and it saves Amendments to Contracts of Carriage time and training costs associated with Federal Register in order to afford outside auditors. ASTA notes that self- The NPRM: In the NPRM, we carriers sufficient time to adopt their auditing is unlikely to improve the proposed to adopt a rule to prohibit plans, modify their computer systems, situation because the ‘‘promises’’ carriers from retroactively applying any and take other necessary steps to be able carriers make in their customer service material amendment to their contracts to comply with the new requirements plans are likely to be aspirational, of carriage with significant negative before we begin enforcing them. We lacking in substance and unenforceable. implications for consumers to people invited comments on whether 180 days DOT Response: The rule requires each who have already bought tickets. We is an appropriate interval for completing carrier to audit its own adherence to its asked for commenters to address the these changes. plan annually and to make the results of implications of a carrier’s being held to Comments: We received few each audit available for the different contract terms vis-a`-vis comments on this issue. Flyersrights.org Department’s review for two years different passengers on the same flight suggested that the rules should become afterwards. The Department believes if some bought their tickets before the effective after 120 days. NBTA thinks a that a system for verifying compliance contract of carriage was amended and ‘‘reasonable date should be established with customer service plans is essential. some afterwards. after determining the impact the final We believe that requiring covered Comments: NBTA states that rule will have on carriers.’’ ACI–NA carriers to audit their plans annually customers on the same flight should be supports the DOT proposal to make the will further influence carriers to live up governed under the same contract of final rule effective 180 days after to their commitments. We agree with carriage, and last minute business publication in the Federal Register but ATA that self-auditing is preferable as travelers should not be subject to suggests a tiered implementation internal auditors are familiar with the different contracts than other schedule providing an extra 120 days to industry and the cost of external audits passengers. ATA also opposes this small and non-hub airports if the can be avoided. The Department’s IG, in measure, and notes that carriers need Department adopts its suggestion that several reports, also recommended that flexibility and such a requirement will airlines be required to coordinate their airlines conduct internal audits to discourage carriers from making plans with all airports at which they measure their compliance with their improvements in customer service due provide service. ATA recommends a customer service plans. Some airlines to the difficulty of dealing with differing ‘‘significant implementation period’’ as are already doing so, but most are not. customer service standards as applied to the rule would require substantial We disagree with the suggestion that the passengers depending on the time of software and operational changes. IG, rather then the airlines, conduct purchase. ASTA thinks the Department DOT Response: We agree with ATA routine audits. In the past, in response should prohibit retroactive changes to and NBTA that carriers should have to Congressional requests, the IG has the contract of carriage, as the contract sufficient time to implement these conducted audits of the customer is formed at the moment of purchase. changes. We also agree with service commitments that ATA member ASTA states that it would be unfair to Flyerrights.org that four months is carriers voluntarily adopted; however, the airlines to allow consumers to take adequate time for carriers to implement these audits, which were costly, lengthy retroactive advantage of improvements the necessary changes. Consequently, and resource intensive, were not routine that were not in effect when they bought for the reasons stated above the rule will annual audits. Instead, the audits their tickets and equally unfair to go into effect 120 days after it is focused on the effectiveness of the plans consumers to permit an airline to published in the Federal Register.

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Regulatory Analyses and Notices States, the relationship between the requirements resulting from this national government and the States, or rulemaking action. The OMB control A. Executive Order 12866 (Regulatory the distribution of power and number, when assigned, will be Planning and Review) and DOT responsibilities among the various announced by separate notice in the Regulatory Policies and Procedures levels of government; (2) imposes Federal Register. This action has been determined to be substantial direct compliance costs on The ICRs were previously published significant under Executive Order 12866 State and local governments; or (3) in the Federal Register as part of NPRM and the Department of Transportation’s preempts State law. Therefore, the (73 FR 74587) and the Department Regulatory Policies and Procedures. It consultation and funding requirements invited interested persons to submit has been reviewed by the Office of of Executive Order 13132 do not apply. comments on any aspect of each of these Management and Budget. The final three information collections, including Regulatory Evaluation has concluded D. Executive Order 13084 the following: (1) The necessity and that the benefits of the final rule exceed This final rule has been analyzed in utility of the information collection, (2) its costs, even without considering non- accordance with the principles and the accuracy of the estimate of the quantifiable benefits. The total present criteria contained in Executive Order burden, (3) ways to enhance the quality, value of benefits over a 20 year period 13084 (‘‘Consultation and Coordination utility, and clarity of the information to at a 7% discount rate is $169.7 million with Indian Tribal Governments’’). be collected, and (4) ways to minimize and the total present value of costs over Because this final rule does not the burden of collection without a 20 year period at a 7% discount rate significantly or uniquely affect the reducing the quality of the collected is $100.6 million. The net present value communities of the Indian Tribal information. of the rule for 20 years at a 7% discount governments or impose substantial The final rule contains three new rate is $69.1 million. A copy of the final direct compliance costs on them, the information collection requirements. Regulatory Evaluation has been placed funding and consultation requirements The first is a requirement that in the docket. of Executive Order 13084 do not apply. certificated and commuter air carriers that operate passenger service using any B. Regulatory Flexibility Act E. Paperwork Reduction Act aircraft with 30 or more passenger seats The Regulatory Flexibility Act (5 As required by the Paperwork retain for two years the following U.S.C. 601 et seq.) requires an agency to Reduction Act of 1995, DOT has information about any ground delay that review regulations to assess their impact submitted the Information Collection lasts at least three hours: the length of on small entities unless the agency Requests (ICRs) abstracted below to the the delay, the precise cause of the delay, determines that a rule is not expected to Office of Management and Budget the actions taken to minimize hardships have a significant economic impact on (OMB). Before OMB decides whether to for passengers, whether the flight a substantial number of small entities. approve these proposed collections of ultimately took off (in the case of a An air carrier is a small business if it information and issue a control number, departure delay or diversion) or provides air transportation only with the public must be provided 30 days to returned to the gate; and an explanation small aircraft (i.e., aircraft with up to 60 comment. Organizations and for any tarmac delay that exceeded 3 seats/18,000 pound payload capacity). individuals desiring to submit hours. The Department plans to use the See 14 CFR 399.73. Our analysis comments on the collection of information to investigate instances of identified 19 small businesses information requirements should direct long delays on the ground and to potentially affected by the requirements them to the Office of Management and identify any trends and patterns that of the final rule. However, although Budget, Attention: Desk Officer for the may develop. The assumptions upon certain elements of this rule impose new Office of the Secretary of which the calculations for this requirements on these small air carriers, Transportation, Office of Information requirement are based have not the Department believes that the and Regulatory Affairs, Washington, DC changed; however, we have modified economic impact will not be significant 20503, and should also send a copy of the information collection burden hours based on its examination because for their comments to: Department of to take into account the fact that the those carriers identified as small Transportation, Office of Aviation final rule requires covered carriers to businesses (and for which data on Enforcement and Proceedings, Office of retain information about any ground receipts was readily available) the General Counsel, 1200 New Jersey delay that last at least three hours as annualized total costs of the rule are Avenue, SE., Washington, DC 20590. opposed to ground delays that last at estimated to be one tenth of one percent OMB is required to make a decision least four hours as proposed in the or less of annual receipts per firm. More concerning the collection of information NPRM. Also, rather than using data specifically, annualized total costs as a requirements contained in this rule about the total number of tarmac delays percent of annual receipts ranged from between 30 and 60 days after in 2007 as we did in the NPRM, we use 0.09% to 0.0006%. On the basis of this publication of this document in the the total number of tarmac delays examination, the Department certifies Federal Register. Therefore, a comment averaged in 2007–2008. The second is a that this rule will not have a significant to OMB is best assured of having its full requirement that any certificated and economic impact on a substantial effect if OMB receives it within 30 days commuter air carrier that operates number of small entities. A copy of the of publication. scheduled passenger service using any Regulatory Flexibility Analysis has been We will respond to any OMB or aircraft with 30 or more passenger seats placed in docket. public comments on the information adopt a customer service plan, audit its collection requirements contained in adherence to the plan annually, and C. Executive Order 13132 (Federalism) this rule. OST may not impose a penalty retain the results for two years. The This Final Rule has been analyzed in on persons for violating information Department plans to review the audits accordance with the principles and collection requirements which do not to monitor carriers’ compliance with criteria contained in Executive Order display a current OMB control number, their plans and take enforcement action 13132 (‘‘Federalism’’). This final rule if required. OST intends to obtain when appropriate. We have revised the does not include any provision that: (1) current OMB control numbers for the information collection burden hours for Has substantial direct effects on the three new information collection this requirement because it applies not

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only to the reporting carriers as domestic scheduled passenger service, a Web site, and is not already displaying proposed in the NPRM but to all U.S. so we have assumed that nearly all of the required information (9 carriers). airlines that operate domestic scheduled the remaining 11 percent was provided Estimated Annual Burden on passenger service using any aircraft with by other certificated and commuter Respondents: 11,964 hours (717,780 30 or more passenger seats. The third is carriers using aircraft with more than 30 minutes) in the first year and no more a requirement that each reporting carrier passenger seats.) than 12 hours (720 minutes) in display on its Web site information on Frequency: From 0 to 85 ground delay subsequent years for each respondent. each listed flight’s on-time performance information sets to retain per year for The estimate for the first year was for the previous month for both its each respondent. (N.b. Some air carriers calculated by adding the estimated flights and those of its non-reporting may not experience any ground delay number of hours per respondent for code-share carriers. This information incident of at least three hours in a developing its Web site for data posting will help consumers to select their given year, while some larger air carriers (11,951 hours [717,060 minutes], the flights. The assumptions upon which could experience as many as 85 in a quotient of a one-time programming cost the calculations for this requirement are given year according to data on ground of $400,000 divided by $33.47, the based have changed significantly. delays in the average of calendar years median hourly wage for computer Initially, we had estimated that the one- 2007 and 2008.) programmers) to the estimated number time programming cost for displaying 2. Requirement That Each Covered of hours for management of data links flight delay data on each covered Carrier Retain for Two Years the Results (12 hours [720 minutes], estimated at carrier’s Web sites would be $20,000. of Its Annual Self-Audit of Its one hour per month). Based on industry comments received, Compliance With Its Customer Service Estimated total annual burden: we have revised the on-time Plan 107,667 hours (6,460,020 minutes) in programming cost from $20,000 to the first year and no more than 108 $400,000 for each covered carrier. The Respondents: Certificated and hours (6,480 minutes) in subsequent median hourly wage for computer commuter air carriers that operate years for all respondents. The estimate programmers has decreased from $33.47 domestic scheduled passenger service for the first year was calculated by to $32.73. using any aircraft with 30 or more multiplying the number of hours per For each of these information passenger seats (42 carriers). respondent for developing its Web site collections, the title, a description of the Estimated Annual Burden on for data posting (11,951 hours) by the respondents, and an estimate of the Respondents: 15 minutes per year for number of covered carriers (9) and annual recordkeeping and periodic each respondent. The estimate was adding the product of the number of reporting burden are set forth below: calculated by multiplying the estimated hours per year for management of data time to retain a copy of the carrier’s self- links (12) and the number of covered 1. Requirement To Retain for Two Years audit of its compliance with its Information About Any Ground Delay carriers (9). The estimate for subsequent Customer Service Plan by the number of That Lasts at Least Three Hours years was calculated by multiplying the audits per carrier in a given year (1). number of hours per year for Respondents: Certificated and Estimated Total Annual Burden: A management of data links (12) by the commuter air carriers that operate maximum of 10 hours and 30 minutes number of covered carriers requiring domestic passenger service using any (630 minutes) for all respondents. The action to come into compliance (9). aircraft with 30 or more passenger seats. estimate was calculated by multiplying Estimated Annual Burden on Frequency: Development of Web site the time in a given year for each carrier for data posting: 1 time for each Respondents: From 0 to 21 hours and 15 to retain a copy of its self-audit of its minutes (1275 minutes) per year for respondent. Updating information for compliance with its Customer Service each flight listed on Web site: 12 times each respondent. The estimate was Plan (15 minutes) by the total number calculated by multiplying the estimated per year (1 time per month) for each of covered carriers (42). respondent. time to retain information about one Frequency: One information set to ground delay (15 minutes) by the total retain per year for each respondent. F. Unfunded Mandates Reform Act number of ground delay incidents 3. Requirement That Each Covered The Department has determined that lasting at least three hours per the requirements of Title II of the respondent (from 0 to 85 incidents, Carrier Display on Its Web Site, at a Point Before the Consumer Selects a Unfunded Mandates Reform Act of 1995 averaged in 2007–2008). do not apply to this rule. Estimated Total Annual Burden: A Flight for Purchase, the Following maximum of 207 hours and 15 minutes Information for Each Listed Flight Issued this 18th day of December 2009 in (12,435 minutes) for all respondents. Regarding its On-Time Performance Washington, DC. The estimate was calculated by During the Last Reported Month: the Ray LaHood, multiplying the estimated time to retain Percentage of Arrivals That Were on Secretary of Transportation. Time, the Percentage of Arrivals That information about one ground delay (15 List of Subjects minutes) by the total number of ground Were More Than 30 Minutes Late (With delay incidents lasting at least three Special Highlighting if the Flight Was 14 CFR Parts 234 and 259 More Than 30 Minutes Late More Than hours in calendar years 2007–2008 Air carriers, Consumer protection, (averaged) for the reporting carriers 50 Percent of the Time), and the Percentage of Flight Cancellations if the Reporting and recordkeeping (748) and adding the product of the requirements. estimated time to retain information Flight Is Cancelled More Than 5% of the about one ground delay (15 minutes) Time. We Are Adding a Requirement 14 CFR Part 253 That a Marketing/Reporting Carrier multiplied by 11 percent of the total Air carriers, Consumer protection, Display Delay Data for Its Non- number of ground delay incidents Contract of carriage. lasting at least three hours in calendar Reporting Code-Share Carrier(s) years 2007–2008 (averaged) for the Respondents: Every U.S. carrier that 14 CFR Part 399 reporting carriers (82.28). (The reporting accounts for at least one percent of Administrative practice and carriers accounted for 89 percent of scheduled passenger revenue, maintains procedure, Air carriers, Air rates and

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fares, Air taxis, Consumer protection, § 253.9 Retroactive Changes to Contracts Tarmac delay means the holding of an Small businesses. of Carriage aircraft on the ground either before ■ For the reasons set forth in the An air carrier may not retroactively taking off or after landing with no preamble, the Department amends 14 apply to persons who have already opportunity for its passengers to CFR Chapter II as follows: bought a ticket any material amendment deplane. to its contract of carriage that has PART 234—[AMENDED] significant negative implications for § 259.4 Contingency plan for lengthy consumers. tarmac delays. ■ 1. The authority citation for 14 CFR ■ (a) Adoption of Plan. Each covered Part 234 continues to read as follows: 5. A new part 259 is added to read as follows: carrier shall adopt a Contingency Plan Authority: 49 U.S.C. 329 and chapters 401 for Lengthy Tarmac Delays for its and 417. PART 259—ENHANCED scheduled and public charter flights at ■ 2. Section 234.11 is revised to read as PROTECTIONS FOR AIRLINE each large and medium hub U.S. airport follows: PASSENGERS at which it operates such air service and shall adhere to its plan’s terms. Sec. § 234.11 Disclosure to consumers. (b) Contents of Plan. Each (a) During the course of reservations 259.1 Purpose. 259.2 Applicability. Contingency Plan for Lengthy Tarmac or ticketing discussions or transactions, 259.3 Definitions. Delays shall include, at a minimum, the or inquiries about flights, between a 259.4 Contingency plan for lengthy tarmac following: carrier’s employees or contractors and delays. (1) For domestic flights, assurance the public, the carrier shall disclose 259.5 Customer Service Plans that the air carrier will not permit an upon reasonable request the on-time 259.6 Notice and Contract of Carriage. aircraft to remain on the tarmac for more 259.7 Response to consumer problems. performance code for any flight that has than three hours unless: been assigned a code pursuant to this Authority: 49 U.S.C. 40101(a)(4), (i) The pilot-in-command determines part. 40101(a)(9), 40113(a), 41702, and 41712. there is a safety-related or security- (b) For each domestic flight for which related reason (e.g. weather, a directive schedule information is available on its § 259.1 Purpose. from an appropriate government agency) Web site, including domestic code-share The purpose of this part is to mitigate why the aircraft cannot leave its flights, a reporting carrier shall display hardships for airline passengers during position on the tarmac to deplane the following information regarding the lengthy tarmac delays and otherwise to flight’s performance during the most bolster air carriers’ accountability to passengers; or recent calendar month for which the consumers. (ii) Air traffic control advises the pilot-in-command that returning to the carrier has reported on-time § 259.2 Applicability. performance data to the Department: the gate or another disembarkation point percentage of arrivals that were on This rule applies to all the flights of elsewhere in order to deplane time—i.e., within 15 minutes of a certificated or commuter air carrier if passengers would significantly disrupt scheduled arrival time, the percentage the carrier operates scheduled passenger airport operations. service or public charter service using of arrivals that were more than 30 (2) For international flights that any aircraft originally designed to have minutes late (including special depart from or arrive at a U.S. airport, a passenger capacity of 30 or more seats, highlighting if the flight was late more assurance that the air carrier will not with the following exceptions: §§ 259.5 than 30 minutes of scheduled arrival permit an aircraft to remain on the and 259.7 do not apply to charter time more than 50 percent of the time), tarmac at a large or medium hub U.S. service. and the percentage of flight airport for more than a set number of cancellations if 5 percent or more of the § 259.3. Definitions. hours, as determined by the carrier and set out in its contingency plan, before flight’s operations were canceled in the Certificated air carrier means a U.S. allowing passengers to deplane, unless: month covered. The information must air carrier that holds a certificate issued (i) The pilot-in-command determines be provided by showing all of the under 49 U.S.C. 41102 to operate there is a safety-related or security- required information on the initial passenger service or an exemption from related reason why the aircraft cannot listing of flights or by showing all of the 49 U.S.C. 41102. required information via a prominent Commuter air carrier means a U.S. air leave its position on the tarmac to hyperlink in close proximity to each carrier as established by 14 CFR 298.3(b) deplane passengers; or flight on the page with the initial listing that is authorized to carry passengers on (ii) Air traffic control advises the of flights. at least five round trips per week on at pilot-in-command that returning to the (c) Each carrier shall load the least one route between two or more gate or another disembarkation point information whose disclosure is points according to a published flight elsewhere in order to deplane required under paragraphs (a) and (b) of schedule using small aircraft. passengers would significantly disrupt this section into its internal reservation Large hub airport means an airport airport operations. system between the 20th and 23rd day that accounts for at least 1.00 percent of (3) For all flights, assurance that the of the month after the month for which the total enplanements in the United air carrier will provide adequate food the information is being provided. States. and potable water no later than two Medium hub airport means an airport hours after the aircraft leaves the gate PART 253—[AMENDED] accounting for at least 0.25 percent but (in the case of departure) or touches ■ less than 1.00 percent of the total down (in the case of an arrival) if the 3. The authority citation for 14 CFR aircraft remains on the tarmac, unless Part 253 is revised to read as follows: enplanements in the United States. Small aircraft means any aircraft the pilot-in-command determines that Authority: 49 U.S.C. 40113; 49 U.S.C. originally designed to have a maximum safety or security considerations Chapters 401, 415 and 417. passenger capacity of 60 or fewer seats preclude such service; ■ 4. A new § 253.9 is added to read as or a maximum payload capacity of (4) For all flights, assurance of follows: 18,000 pounds or less. operable lavatory facilities, as well as

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adequate medical attention if needed, (4) Allowing reservations to be held flights an employee who shall be while the aircraft remains on the tarmac; without payment or cancelled without responsible for monitoring the effects of (5) Assurance of sufficient resources penalty for a defined amount of time; flight delays, flight cancellations, and to implement the plan; and (5) Providing prompt ticket refunds; lengthy tarmac delays on passengers. (6) Assurance that the plan has been (6) Properly accommodating This employee shall have input into coordinated with airport authorities at passengers with disabilities and other decisions on which flights to cancel and all medium and large hub airports that special-needs, including during tarmac which will be delayed the longest. the carrier serves, including medium delays; (b) Informing consumers how to and large hub diversion airports. (7) Meeting customers’ essential needs complain. Each covered carrier shall (c) Amendment of plan. At any time, during lengthy tarmac delays; make available the mailing address and an air carrier may amend its (8) Handling ‘‘bumped’’ passengers e-mail or Web address of the designated Contingency Plan for Lengthy Tarmac with fairness and consistency in the department in the airline with which to Delays to decrease the time for aircraft case of oversales; file a complaint about its scheduled to remain on the tarmac for domestic (9) Disclosing travel itinerary, service. This information shall be flights covered in paragraph (b)(1) of cancellation policies, frequent flyer provided on the carrier’s Web site (if this section, for aircraft to remain on the rules, and aircraft configuration; any), on all e-ticket confirmations and, tarmac for international flights covered (10) Ensuring good customer service upon request, at each ticket counter and in paragraph (b)(2) of this section, and from code-share partners; boarding gate staffed by the carrier. for the trigger point for food and water (11) Ensuring responsiveness to (c) Response to complaints. Each covered in paragraph (b)(3) of this customer complaints; and covered carrier shall acknowledge section. An air carrier may also amend (12) Identifying the services it receipt of each complaint regarding its its plan to increase these intervals (up provides to mitigate passenger scheduled service to the complainant to the limits in this rule), in which case inconveniences resulting from within 30 days of receiving it and shall the amended plan shall apply only to cancellations and misconnects. send a substantive response to each those flights that are first offered for sale (c) Self-auditing of Plan and Retention complainant within 60 days of receiving after the plan’s amendment. of Records. Each air carrier that is the complaint. A complaint is a specific (d) Retention of records. Each air required to adopt a Customer Service written expression of dissatisfaction carrier that is required to adopt a Plan shall audit its own adherence to its concerning a difficulty or problem Contingency Plan for Lengthy Tarmac plan annually. Carriers shall make the which the person experienced when Delays shall retain for two years the results of their audits available for the using or attempting to use an airline’s following information about any tarmac Department’s review upon request for services. two years following the date any audit delay that lasts at least three hours: PART 399—[AMENDED] (1) The length of the delay; is completed. (2) The precise cause of the delay; § 259.6 Notice and Contract of Carriage. ■ 6. The authority citation for 14 CFR (3) The actions taken to minimize (a) Each air carrier that is required to Part 399 continues to read as follows: hardships for passengers, including the adopt a Contingency Plan for Lengthy Authority: 49 U.S.C. 40101 et seq. provision of food and water, the Tarmac Delays or a Customer Service ■ maintenance and servicing of lavatories, 7. Section 399.81 is revised to read as Plan may include such plans in their follows: and medical assistance; Contract of Carriage. (4) Whether the flight ultimately took (b) Each air carrier that has a Web site § 399.81 Unrealistic or deceptive off (in the case of a departure delay or shall post its Contract of Carriage on its scheduling. diversion) or returned to the gate; and Web site in easily accessible form, (a) The unrealistic scheduling of (5) An explanation for any tarmac including all updates to its Contract of flights by any air carrier providing delay that exceeded 3 hours (i.e., why Carriage. scheduled passenger air transportation the aircraft did not return to the gate by (c) Each air carrier that is required to is an unfair or deceptive practice and an the 3-hour mark). adopt a Contingency Plan for Lengthy unfair method of competition within the (e) Unfair and Deceptive Practice. An Tarmac Delays shall, if it has a Web site meaning of 49 U.S.C. 41712. air carrier’s failure to comply with the but does not include such Contingency (b) With respect to the advertising of assurances required by this rule and as Plan for Lengthy Tarmac Delays in its schedule performance, it is an unfair or contained in its Contingency Plan for Contract of Carriage, post its deceptive practice and an unfair method Lengthy Tarmac Delays will be Contingency Plan for Lengthy Tarmac of competition to use any figures considered an unfair and deceptive Delays on its Web site in easily purporting to reflect schedule or on- practice within the meaning of 49 U.S.C. accessible form, including all updates to time performance without indicating the 41712 that is subject to enforcement its Contingency Plan for Lengthy basis of the calculation, the time period action by the Department. Tarmac Delays. involved, and the pairs of points or the (d) Each air carrier that is required to percentage of system-wide operations § 259.5 Customer Service Plan. adopt a Customer Service Plan shall, if thereby represented and whether the (a) Adoption of Plan. Each covered it has a Web site but does not include figures include all scheduled flights or carrier shall adopt a Customer Service such Customer Service Plan in its only scheduled flights actually Plan applicable to its scheduled flights Contract of Carriage, post its Customer performed. and shall adhere to this plan’s terms. Service Plan on its Web site in easily (c) Chronically delayed flights. (1) (b) Contents of Plan. Each Customer accessible form, including all updates to This section applies to any air carrier Service Plan shall, at a minimum, its Customer Service Plan. that is a ‘‘reporting carrier’’ as defined address the following subjects: in Part 234 of Department regulations (1) Offering the lowest fare available; § 259.7 Response to consumer problems. (14 CFR Part 234). (2) Notifying consumers of known (a) Designated Advocates for (2) For the purposes of this section, a delays, cancellations, and diversions; Passengers’ Interests. Each covered chronically delayed flight means any (3) Delivering baggage on time; carrier shall designate for its scheduled domestic flight that is operated at least

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10 times a month, and arrives more than immediate, but less prescriptive, changes to ‘‘WinJammerTM,’’ an 30 minutes late (including cancelled documentation regarding a firm’s capital application used by FCMs that file their flights) more than 50 percent of the time condition when a firm falls below its non-certified financial reports during that month. required minimum adjusted net capital. electronically with the Commission; (2) (3) For purposes of this paragraph, the Finally, the final regulations include expand the types of filings that FCMs Department considers all of a carrier’s several other minor amendments to and IBs may submit electronically to flights that are operated in a given city- correct certain outdated references and include required ‘‘early warning’’ pair market whose scheduled departure to make other clarifications to existing notices and certain other notices and times are within 30 minutes of the most regulations. filings under Regulations 1.10 and 1.12; frequently occurring scheduled DATES: Effective Date: January 4, 2010. (3) provide for less prescriptive, but more immediate, documentation to be departure time to be one single flight. FOR FURTHER INFORMATION CONTACT: filed regarding a firm’s undercapitalized (4) The holding out of a chronically Thelma Diaz, Associate Director, condition; (4) expressly include an delayed flight for more than four Division of Clearing and Intermediary income statement in the required consecutive one-month periods Oversight, 1155 21st Street, NW., periodic unaudited financial reports of represents one form of unrealistic Washington, DC 20581. Telephone FCMs and IBs; and (5) make several scheduling and is an unfair or deceptive number: 202–418–5137; facsimile practice and an unfair method of other minor amendments to correct number: 202–418–5547; and electronic certain outdated references and to make competition within the meaning of 49 mail: [email protected], or Lawrence T. U.S.C. 41712. other clarifications to existing Eckert, Special Counsel, Division of regulations. [FR Doc. E9–30615 Filed 12–29–09; 8:45 am] Clearing and Intermediary Oversight, The 30-day public comment period on BILLING CODE 4910–9X–P 140 Broadway, New York, New York the Proposals expired on November 12, 10005. Telephone number (646) 746– 2009. The Commission received one 9704; and electronic mail: written comment on the Proposals, COMMODITY FUTURES TRADING [email protected]. submitted by the National Futures COMMISSION SUPPLEMENTARY INFORMATION: Association (‘‘NFA’’). NFA noted its agreement and support of the 17 CFR Part 1 I. Background Commission’s Proposals and RIN 3038–AB87 On October 13, 2009, the Commission commended the Commission for its published for comment in the Federal review of its electronic filing Electronic Filing of Financial Reports Register proposed amendments to requirements and proposal of changes to and Notices Regulations 1.10 and 1.12 (the reflect technological advances and ‘‘Proposals’’).1 Commission Regulation current practices. As discussed below, AGENCY: Commodity Futures Trading 1.10 sets forth the financial reporting NFA also encouraged the Commission Commission. requirements for FCMs and IBs 2 and to consider certain additional ACTION: Final rules. Regulation 1.12 requires FCMs, IBs and amendments to further expand the use applicants for registration thereof to of electronic filing in certain SUMMARY: The Commodity Futures provide notice of a variety of predefined circumstances. NFA did not suggest Trading Commission (‘‘Commission’’ or events as or before they occur.3 delaying the implementation of the ‘‘CFTC’’) is amending certain of its The Proposals consisted of several Proposals while these additional regulations in connection with amendments regarding electronic filing suggestions made by NFA are under electronic filing of financial reports and of financial reports and notices by FCMs consideration by the Commission. The related notices. The amendments and IBs as well as amendments to Commission further notes that certain broaden the language in the certain other financial reporting provisions included in the additional Commission’s regulations applicable to requirements. Specifically, the amendments offered by NFA for electronic filings of financial reports to Commission proposed amendments to: consideration may require publication clarify that, to the extent a futures (1) Broaden language in the in the Federal Register for prior notice commission merchant (‘‘FCM’’) submits Commission’s regulations concerning and comment before they may be a Form 1–FR to the Commission authentication procedures applicable to adopted. For the reasons set forth below, electronically, it may do so using any electronic filing of financial reports in the Commission has therefore user authentication procedures order to enable internet-based filing of determined to adopt the amendments as established or approved by the such reports in anticipation of expected proposed. Commission. The amendments also II. Rule Amendments permit registrants to electronically 1 74 FR 52434 (Oct 13, 2009). The Commission’s submit filings in addition to financial regulations cited in this rulemaking may be found A. Electronic Filing Issues reports, including an election to use a at 17 CFR Ch. 1 (2009). non-calendar fiscal year, requests for 2 For simplicity, references in this Federal 1. Amendments to Regulation 1.10 extensions of time to file uncertified Register release to IBs in connection with financial Commission Regulation 1.10(c) reporting and notice requirements are intended to financial reports and ‘‘early warning’’ refer to IBs that are not operating pursuant to a generally sets forth the provisions notices required under Commission guarantee agreement. governing where and how financial regulations. In connection with the 3 For example, Regulation 1.12(a) requires reports required to be filed by FCMs and filing of financial reports, the immediate telephonic notice, to be confirmed in IBs under Regulation 1.10 must be filed. writing by facsimile, when a registrant’s (or amendments specify, consistent with applicant’s) adjusted net capital falls below that Regulation 1.10(c)(1) indicates with other requirements and existing required by Regulation 1.17. Other provisions of whom reports should be filed and practice, that a statement of income and Regulation 1.12 require notification to the Regulation 1.10(c)(2) addresses the loss is included as a required part of the Commission for certain ‘‘early warning’’ events. method for submitting such reports. Regulation 1.12(b), for example, requires non-certified 1–FR filings for FCMs and notification by a registrant or applicant if such Electronic submission of certified introducing brokers (‘‘IBs’’). The entity’s adjusted net capital drops below a specified financial reports currently is addressed amendments also require more threshold. separately in Regulation 1.10(b)(2)(iii).

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This section provides that FCMs must organization has provided the supported this change, but suggested file certified financial reports in paper Commission with the means necessary that the Commission consider requiring, form and IBs must file such reports to read and to process the information rather than simply permitting, electronically in accordance with contained in such report.’’ registrants to electronically file such electronic filing procedures established Amended Regulation 1.10(c)(2)(ii) notices. Although the Commission by NFA. provides that ‘‘[except with respect to strongly encourages, and believes that For clarification and ease of reading, the filing of certified FOCUS reports by most registrants will choose to utilize, the Commission is moving Regulation a registered broker or dealer with the electronic filing as a more efficient and 1.10(b)(2)(iii) into a new subparagraph SEC], all filings or other notices or expeditious means to file notices, the of Regulation 1.10(c)(2). Regulation applications prepared by an introducing Commission nonetheless appreciates 1.10(c)(2) is being amended as discussed broker or applicant for registration as an that there may be times when a below and divided into 2 new introducing broker or futures registrant would prefer, or is otherwise subparagraphs: New subparagraph commission merchant * * * must be unable, to file electronically. For (c)(2)(i) addresses electronic filing by filed electronically in accordance with example, a registrant may have a FCMs with the Commission and new electronic filing procedures established regulatory deadline under the subparagraph (c)(2)(ii) addresses by the National Futures Association Commission’s regulations but be unable electronic filings with NFA by IBs and * * *.’’ to satisfy such deadline through by applicants for registration as IBs and In its comment letter, NFA indicated electronic means due to temporary FCMs. that it would support the Commission technological issues with Regulation 1.10(c)(2) currently further broadening the permitted use of WinJammerTM, NFA’s EasyFile system provides that non-certified financial electronic filing to include FCM or the registrants’ own systems. reports may be submitted to the certified financial statements. The Moreover, moving from a permissive to Commission ‘‘in electronic form using a current requirement in Regulation 1.10 mandatory filing requirement may Commission assigned Personal for FCM certified financial statements to require publication in the Federal Identification Number, and otherwise in be filed in paper form is due in part to Register in order to obtain public accordance with instructions issued by the fact that such statements are not comment on such a proposal. In light of the Commission * * *.’’ The adopted prepared in a standard format that lends these concerns, the Commission has amendments to Regulation 1.10(c)(2) itself easily to electronic input. NFA determined to adopt the amendment as broaden the language in the regulation suggested that notwithstanding this lack proposed. relating to user authentication by no of standardization, the Commission The amendment adopted adds a new longer limiting user authentication to could consider permitting the subparagraph 1.12(i)(3) to the the use of a personal identification submission of such statements in Commission’s regulations which number (‘‘PIN’’). As described in the portable document format (‘‘pdf’’). The provides that ‘‘[e]very notice or report proposing release, the use of such a PIN Commission notes, however, that this required to be provided in writing under is no longer consistent with the internet- suggestion requires further review [Regulation 1.12] may, in lieu of based enhancements under because the pdf format is not conducive facsimile, be filed via electronic development for Winjammer. The to the application of automated review transmission using a form of user revisions to Regulation 1.10(c)(2) also of the data by the Commission. Further authentication assigned in accordance permit any filing or other notice review would also be beneficial in light with procedures established by or submitted under the regulation to be of continuing developments in approved by the Commission, and transmitted electronically, rather than technology that may at a later date result otherwise in accordance with limiting such submission to financial in increased benefits of electronic filing instructions issued by or approved by reports as under the current regulation. of certified financial statements for the the Commission.’’ An electronic Such other notices would include, for filers, the Commission and the DSRO submission is required to clearly example, an election to use a fiscal year recipients. The adoption of the indicate the registrant or applicant on other than a calendar year under amendments as proposed will not whose behalf such filing is made and Regulation 1.10(e) and a request for an impede such further review, and will the use of such user authentication in extension of time to file uncertified make available to these same parties submitting such filing would constitute financial reports under Regulation other recognized enhancements to the and become a substitute for the manual 1.10(f). Regulation 1.10(d)(4)(iii), which current requirements for electronic signature of the authorized signer. deals with electronic filing of Form filing. 1–FR, is being amended by deleting B. Income Statement Filing Requirement references to the use of a PIN. 2. Amendments to Regulation 1.12 Commission Regulation 1.10(d) sets As amended, Regulation 1.10(c)(2)(i) Commission Regulation 1.12 requires forth the content requirements for provides that all filings or other notices FCMs, IBs and applicants for financial reports filed with the or applications prepared by a futures registration thereof to provide notice of Commission: The Commission proposed commission merchant ‘‘[except with a variety of predefined events as or to amend Regulation 1.10(d)(1) to respect to the filing of certified financial before they occur.4 The Commission require ‘‘statements of income (loss)’’ to reports which must be filed in paper proposed to amend Regulation 1.12(i), be included as part of FCM and IB non- form], and pursuant to [Regulation 1.10] which sets forth the procedures for certified financial report filings. The may be submitted to the Commission in filing notices under Regulation 1.12, to Commission noted that this amendment electronic form using a form of user allow FCMs and IBs to submit is consistent with Regulation authentication assigned in accordance electronically filings otherwise required 1.10(d)(2)(ii), which requires FCMs and with procedures established by or to be submitted in writing via approved by the Commission, and facsimile.5 In its comment letter, NFA intends to make changes to the EasyFile system otherwise in accordance with and/or NFA rules, as may be necessary to facilitate the electronic filing by IBs of notices or other instruction issued by or approved by the 4 See footnote 3, above. information permitted to be submitted Commission, if the futures commission 5 IBs file notices under Regulation 1.12 with NFA electronically by the Proposal but currently filed merchant or a designated self-regulatory pursuant to NFA rules. NFA has indicated that it with NFA in paper form.

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IBs to include an income statement as capital requirement. NFA supported this references and to otherwise clarify part of their certified financial reports, amendment, stating its agreement with existing regulations. NFA noted their and is a practice currently followed by the Commission that it is more support of certain of these amendments most registrants. NFA voiced its support beneficial for the Commission to receive that eliminated requirements that of this amendment in its comment letter prompt information concerning a firm’s provided for duplicative filing with noting its agreement that the income capital condition than to receive such NFA and the Commission (enumerated statement provides the Commission information in a specific prescribed as items (1) and (2), below). The with important information for format. Under the amended regulation, Commission received no comments on monitoring the financial condition of a firm must continue to provide the other amendments. The Commission firms. The Commission is adopting the immediate telephonic notice, confirmed is, therefore, adopting each of the amendment as proposed. in writing, in the event that its adjusted amendments as proposed and, as As noted in the Proposals, this net capital falls below its required outlined below: amendment does not affect the ability of minimum. Amended Regulation (1) Regulation 1.10(c)(1) is amended a broker-dealer to file with the 1.12(a)(2) requires that together with to clarify that FCM and IB applicants for Commission in accordance with such initial telephonic notice and registration need file financial reports Regulation 1.10(h) the FOCUS report written confirmation, a firm must required as part of the application under the Securities and Exchange Act provide ‘‘documentation in such form as process only with NFA and not also of 1934, including the income statement necessary to adequately reflect the with a regional office of the currently provided in that report.6 firm’s capital condition as of any date Commission; (2) Regulation 1.12(i)(1) is amended to C. Net Capital Undercapitalization such person’s adjusted net capital is less 8 clarify that an applicant for registration Documentation than the minimum required.’’ The Commission envisions that such as an FCM need file any notices Regulation 1.12(a) requires a adequate documentation would at a required under Regulation 1.12 only registrant or applicant for registration as minimum specify the firm’s adjusted net with NFA and not also with the an FCM or IB that knows or should have capital requirement and actual adjusted Commission. The amended regulation known that its adjusted net capital is net capital for any date during which makes clear that any notice or report less than the minimum required by the the firm fell below its regulatory filed with NFA will be deemed to be Commission or by its designated self- requirement. The amended regulation filed with, and to be the official record regulatory organization (‘‘DSRO’’) to also requires a firm to provide similar of, the Commission; provide notice of such event documentation to that initially provided (3) The following minor wording immediately by telephone and confirm for any other days the Commission may amendments are being made to such telephonic notice in writing by request.9 By requiring documentation as Regulation 1.10(c)(1) for the purposes of facsimile. Regulations 1.12(a)(2) of ‘‘any’’ date that adjusted net capital consistency with other provisions of the (applicable to FCMs) and 1.12(a)(3) is less than the required minimum, the regulations and/or general clarification: (applicable to IBs) further require that, amended regulation makes clear that (A) The reference to ‘‘[a] report filed within 24 hours thereafter, the registrant where a firm is undercapitalized on by an [IB] pursuant to paragraph (b)(2)(i) (or applicant) must file certain specific more than one day, documentation or (b)(2)(ii)’’ is amended to clarify that financial records with the Commission.7 related to all such time must be ‘‘a report’’ in this context is meant to The Commission also is amending provided. refer to Form 1–FR; Regulations 1.12(a)(2) and (a)(3) to Regulation 1.12(a)(3), which provides (B) The reference to subparagraphs require more immediate, but less documentation requirements for IBs that (b)(2)(i) and (b)(2)(ii) is being amended prescriptive, reporting to the provide the Commission with notice of for simplicity to refer only to paragraph Commission when a registrant or their undercapitalized condition, has (b)(2) in general; and applicant falls below its minimum net been deleted because Regulation (C) The language of paragraph 1.12(a)(2) as amended applies to IBs as 1.10(c)(1) is being amended to clarify 6 Under SEC Regulation 17a–5 and rules of well as to FCMs. Regulation 1.12(i)(1) that it is intended to cover not only applicable self-regulatory organizations, certain securities brokers or dealers may include as part of also is being amended by deleting ‘‘reports’’ but all reports and other their quarterly FOCUS report filings a consolidated certain language related to the method ‘‘information;’’ Statement of Income (Loss) for the relevant quarter of filing documentation that is no longer (4) Regulations 1.10(b)(2)(i) and rather than a Statement of Income (Loss) for the required to be submitted to the 1.10(b)(2)(ii) are being amended to month for which the report is being filed (i.e., March, June, September or December). Such broker- Commission in light of the amendments delete language referring to an option to dealers that also are registered as FCMs would file to Regulation 1.12(a)(2) discussed file financial statements on a calendar- these same reports with the Commission. The above. year basis which is no longer contained Commission wishes to make clear that an otherwise in the Commission’s regulations; complete FOCUS report filing made with the D. Miscellaneous Amendments to (5) Regulation 1.10(b)(3), which Commission that includes such a consolidated Regulations Statement of Income (Loss) will be deemed an permits an FCM or IB to satisfy the acceptable filing in accordance with Commission The Commission proposed a number Commission’s Form 1–FR filing Regulation 1.10(h). of minor amendments to Regulations requirements if it satisfies certain 7 Specifically, Regulation 1.12(a)(2) requires an 1.10 and 1.12 to correct certain outdated financial reporting standards and FCM (or applicant) to file with the Commission: (1) A statement of financial condition; (2) a reporting requirements of its DSRO, is statement of the computation of its minimum 8 This amendment is consistent with SEC being amended to delete outdated capital requirements; (3) the statements of Regulation 17a–11 which requires a broker or dealer language referring to DSRO regulations segregation requirements and funds in segregation whose net capital falls below its required minimum for customers trading on U.S. commodity exchanges to give notice of the deficiency that same day, applicable ‘‘after the effective date of and for customers’ dealer options accounts; and specifying the broker or dealer’s net capital these regulations by the Commission’’; (4) the statement of secured amounts and funds requirement and its current amount of net capital. and held in separate accounts for foreign futures and 9 Regulation 1.10(b)(4) already provides that (6) Language within regulation 1.10(h) foreign options customers. Regulation 1.12(a)(3) representatives of the Commission may upon that references ‘‘NFA’’ is amended for requires an IB (or applicant) to file a statement of written notice require Form 1–FR or other financial financial condition and a statement of the information at such times as specified by the consistency purposes by spelling out computation of its minimum capital requirements. representative. ‘‘National Futures Association.’’

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III. Related Matters periodic non-certified financial report C. Paperwork Reduction Act filings. A. Administrative Procedure Act This rulemaking provides an Accordingly, the Commission has alternative method of collection for a The Administrative Procedure Act determined to make these amendments (‘‘APA’’) provides that the required required collection of information under effective on January 4, 2010, consistent Part 1 of the Commission’s rules, but is publication of a substantive rule shall be with the anticipated availability of the made not less than 30 days before its not anticipated to change the burden updated WinJammerTM system. effective date, unless the agency is under such collection as the actual permitted to implement an earlier B. Regulatory Flexibility Act financial reporting requirements have effective date under one of the not changed significantly. As required exceptions recognized by the APA.10 The Regulatory Flexibility Act by the Paperwork Reduction Act of 1995 The exceptions set forth in the APA are (‘‘RFA’’), 5 U.S.C. 601 et seq., requires (44 U.S.C. 3507(d)), the Commission as follows: (1) A substantive rule which that agencies, in rulemaking, consider submitted a copy of this section to the grants or recognizes an exemption or the impact of those regulations on small Office of Management and Budget relieves a restriction; (2) interpretative businesses. This rulemaking would (‘‘OMB’’) for its review. No comments rules and statements of policy; or (3) as affect FCMs and IBs. The Commission were received in response to the otherwise provided by the agency for has previously determined that, based Commission’s invitation in its notice of good cause found and published with upon the fiduciary nature of FCM/ proposed rulemaking to comment on the rule.11 customer relationships, as well as the any change in the potential paperwork burden associated with these rule The amendments being made to Rules requirement that FCMs meet minimum amendments.15 1.10 and 1.12 will ‘‘grant or recognize financial requirements, FCMs should be an exemption or relieve a restriction’’ in excluded from the definition of small D. Cost-Benefit Analysis that they generally serve to permit and entity. enable registrants to file notices and Section 15(a) of the Act, as amended With respect to IBs, the Commission by Section 119 of the Commodity reports electronically that previously stated that it is appropriate to evaluate were required to be filed in paper form. Futures Modernization Act, requires the within the context of a particular rule Commission to consider the costs and In addition, the amendments include a proposal whether some or all IBs should number of non-substantive amendments benefits of its action before issuing a be considered to be small entities and, new regulation under the Act. By its to correct certain outdated references if so, to analyze the economic impact on and to otherwise clarify existing terms, Section 15(a) as amended does such entities at that time.12 These not require the Commission to quantify regulations. amendments will not place any With regard to the amendments the costs and benefits of a new additional burdens on IBs that are small regulation or to determine whether the relating to the timing of documentation businesses because all such parties, if required by firms that become benefits of the proposed regulation any, already are subject to the financial outweigh its costs. Rather, Section 15(a) undercapitalized, the Commission has a reporting and notice requirements under clear interest in receiving such simply requires the Commission to Regulations 1.10 and 1.12 and already ‘‘consider the costs and benefits’’ of its information immediately and believes, file financial reports through NFA’s therefore, that there is ‘‘good cause’’ to action. electronic filing system. Additionally, make such requirement effective in Section 15(a) further specifies that although the Commission is amending fewer than 30 days. With respect to the costs and benefits shall be evaluated in its regulations to add a requirement to amendments requiring an income light of five broad areas of market and include statements of income and loss statement, the Commission believes that public concern: Protection of market as part of non-certified financial report there is also ‘‘good cause’’ to make this participants and the public; efficiency, provision effective on January 4, 2010, filings, substantially all IBs already are competitiveness, and financial integrity consistent with the other rule filing this data in practice and, in any of futures markets; price discovery; amendments. It would not be logical for event, must compute the relevant sound risk management practices; and the income statement requirement to be income and loss data (although not other public interest considerations. The implemented at a time later than the currently required to be provided in a Commission, in its discretion, can effective date of the remaining rules, as separate income statement) in order to choose to give greater weight to any one the information in the income statement complete Commission Form 1–FR or the of the five enumerated areas and is an integral part of a registrant’s SEC FOCUS report, as applicable, under determine that, notwithstanding its financial statements. Further, as the SEC the Commission’s regulations.13 The costs, a particular regulation is and several self-regulatory organizations Commission’s Proposals solicited public necessary or appropriate to protect the already require dual registrants and comment on this analysis.14 No public interest or to effectuate any of the other FCMs to include the income comments were received. Accordingly, provisions or to accomplish any of the statement in their financial statements, pursuant to Section 3(a) of the RFA, 5 purposes of the Act. the income statement is already U.S.C. 605(b), the Chairman, on behalf The Commission’s proposal contained formatted as part of the Form 1–FR of the Commission, certifies that the an analysis of its consideration of these reports that registrants currently file action taken herein will not have a costs and benefits and solicited public with the Commission, and the data significant economic impact on a comment thereon.16 No comments were required to complete it is generally substantial number of small entities. received with respect to this analysis. already available from other parts of the Therefore, pursuant to such form. In fact, substantially all FCMs and 12 See 48 FR 35248, 35275–78 (Aug. 3, 1983). consideration, the Commission has IBs already complete the income 13 See Commission Regulations 1.10(b)(2) and decided to adopt these amendments as statement as part of their required 1.10(h) (requiring IBs to file with the Commission discussed above. Form 1–FR–FCM or, as an alternative in the case of a registered broker or dealer with the SEC, the 10 5 U.S.C. 553(b) and (d). FOCUS report). 15 Id. 11 5 U.S.C. 553–(d). 14 74 FR at 52438. 16 74 FR at 52439.

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List of Subjects in 17 CFR Part 1 any person registered as a futures registration as an introducing broker or Brokers, Commodity futures, commission merchant or as an futures commission merchant pursuant Reporting and recordkeeping introducing broker who is a member of to this section must be filed requirements. a designated self-regulatory organization electronically in accordance with ■ and conforms to minimum financial electronic filing procedures established In consideration of the foregoing and standards and related reporting by the National Futures Association. In pursuant to the authority contained in requirements set by such designated the case of a Form 1–FR–IB that is the Commodity Exchange Act and, in self-regulatory organization in its required to be certified by an particular, Sections 4f, 4g and 8a(5) bylaws, rules, regulations, or resolutions independent public accountant in thereof, 7 U.S.C. 6f, 6g and 12a(5), the and approved by the Commission accordance with § 1.16, a paper copy of Commission hereby amends 17 CFR part pursuant to Section 4f(b) of the Act and any such filing with the original 1 as follows: § 1.52: Provided, however, That each manually signed certification must be PART 1—GENERAL REGULATIONS such registrant shall promptly file with maintained by the introducing broker or UNDER THE COMMODITY EXCHANGE the Commission a true and exact copy applicant for registration as an ACT of each financial report which it files introducing broker in accordance with with such designated self-regulatory § 1.31. ■ 1. The authority citation for part 1 organization. * * * * * continues to read as follows: * * * * * (d)(1) * * * Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6b, 6c, (c) Where to file reports. (1) Form (ii) Statements of income (loss) and a 6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m, 6n, 6o, 1–FR filed by an introducing broker statement of changes in ownership 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a, 13a–1, pursuant to paragraph (b)(2) of this equity for the period between the date 16, 16a, 19, 21, 23 and 24, as amended by section need be filed only with, and will of the most recent statement of financial the Commodity Futures Modernization Act of be considered filed when received by, condition filed with the Commission 2000, appendix E of Pub. L. 106–554, 114 the National Futures Association. Other and the date for which the report is Stat. 2763 (2000). reports or information provided for in made; ■ 2. Section 1.10 is amended by this section will be considered filed * * * * * removing paragraph (b)(2)(iii) and when received by the regional office of (4) * * * revising paragraphs (b)(2)(i), the Commission with jurisdiction over (iii) In the case of a Form 1–FR filed (b)(2)(ii)(A), (b)(3), (c)(1) and (c)(2), the state in which the registrant’s via electronic transmission in (d)(1)(ii), (d)(4)(iii), and (h) as follows: principal place of business is located accordance with procedures established and by the designated self-regulatory by or approved by the Commission, § 1.10 Minimum financial requirements for organization, if any; and reports or other such transmission must be accompanied futures commission merchants and information required to be filed by this by the user authentication assigned to introducing brokers. section by an applicant for registration the authorized signer under such * * * * * will be considered filed when received procedures, and the use of such user (b) * * * by the National Futures Association. authentication will constitute and (2)(i) Except as provided in Any report or information filed with the become a substitute for the manual paragraphs (b)(3) and (h) of this section, National Futures Association pursuant signature of the authorized signer for the and except for an introducing broker to this paragraph shall be deemed for all purpose of making the oath or operating pursuant to a guarantee purposes to be filed with, and to be the affirmation referred to in this paragraph. agreement which is not also a securities official record of, the Commission. * * * * * broker or dealer, each person registered (2)(i) Except as provided in the last (h) Filing option available to a futures as an introducing broker must file a sentence of this subparagraph, all filings commission merchant or an introducing Form 1–FR–IB semiannually as of the or other notices prepared by a futures broker that is also a securities broker or middle and the close of each fiscal year. commission merchant pursuant to this dealer. Any applicant or registrant Each Form 1–FR–IB must be filed no section may be submitted to the which is registered with the Securities later than 17 business days after the date Commission in electronic form using a and Exchange Commission as a for which the report is made. form of user authentication assigned in securities broker or dealer may comply (ii)(A) In addition to the financial accordance with procedures established with the requirements of this section by reports required by paragraph (b)(2)(i) of by or approved by the Commission, and filing (in accordance with paragraphs this section, each person registered as otherwise in accordance with (a), (b), (c), and (j) of this section) a copy an introducing broker must file a Form instructions issued by or approved by of its Financial and Operational 1–FR–IB as of the close of its fiscal year the Commission, if the futures Combined Uniform Single Report under which must be certified by an commission merchant or a designated the Securities Exchange Act of 1934, independent public accountant in self-regulatory organization has Part II, Part IIA, or Part II CSE (FOCUS accordance with § 1.16 no later than 90 provided the Commission with the Report), in lieu of Form 1–FR; Provided, days after the close of each introducing means necessary to read and to process however, That all information which is broker’s fiscal year: Provided, however, the information contained in such required to be furnished on and that a registrant which is registered with report. A Form 1–FR required to be submitted with Form 1–FR is provided the Securities and Exchange certified by an independent public with such FOCUS Report; and Provided, Commission as a securities broker or accountant in accordance with § 1.16 further, That a certified FOCUS Report dealer must file this report not later than which is filed by a futures commission filed by an introducing broker or the time permitted for filing an annual merchant must be filed in paper form applicant for registration as an audit report under § 240.17a–5(d)(5) of and may not be filed electronically. introducing broker in lieu of a certified this title. (ii) Except as provided in paragraph Form 1–FR–IB must be filed according * * * * * (h) of this section, all filings or other to National Futures Association rules, (3) The provisions of paragraphs (b)(1) notices or applications prepared by an either in paper form or electronically, in and (b)(2) of this section may be met by introducing broker or applicant for accordance with procedures established

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by the National Futures Association, otherwise in accordance with I. Background and if filed electronically, a paper copy instructions issued by or approved by On September 24, 2007, we adopted, of such filing with the original manually the Commission. Any such electronic on an interim final basis, Rule 206(3)– signed certification must be maintained submission must clearly indicate the 3T, a temporary rule under the by such introducing broker or applicant registrant or applicant on whose behalf Investment Advisers Act of 1940 (the in accordance with § 1.31. such filing is made and the use of such ‘‘Advisers Act’’) that provides an * * * * * user authentication in submitting such alternative means for investment ■ 3. Section 1.12 is amended by: filing will constitute and become a advisers who are registered with us as ■ a. Revising paragraphs (a)(2) and substitute for the manual signature of broker-dealers to meet the requirements (i)(1); the authorized signer. of Section 206(3) of the Advisers Act ■ b. Removing paragraph (a)(3); and Issued in Washington, DC, on December when they act in a principal capacity in ■ c. Adding paragraph (i)(3) as follows: 24, 2009, by the Commission. transactions with certain of their David A. Stawick, advisory clients.1 The purpose of the § 1.12 Maintenance of minimum financial rule was to permit broker-dealers to sell requirements by futures commission Secretary of the Commission. merchants and introducing brokers. [FR Doc. E9–31032 Filed 12–29–09; 8:45 am] to their advisory clients, in the wake of BILLING CODE P Financial Planning Association v. SEC (a) * * * (the ‘‘FPA Decision’’),2 certain securities (2) Provide together with such notice held in the proprietary accounts of their documentation in such form as firms that might not be available on an necessary to adequately reflect the SECURITIES AND EXCHANGE agency basis—or might be available on applicant’s or registrant’s capital COMMISSION an agency basis only on less attractive condition as of any date such person’s terms 3—while protecting clients from 17 CFR Part 275 adjusted net capital is less than the conflicts of interest as a result of such minimum required. The applicant or [Release No. IA–2965; File No. S7–23–07] transactions.4 registrant must provide similar The rule vacated in the FPA Decision documentation for other days as the RIN 3235–AJ96 had allowed broker-dealers to offer fee- Commission may request. based accounts without complying with * * * * * Temporary Rule Regarding Principal the Advisers Act, including the (i)(1) Every notice and written report Trades With Certain Advisory Clients requirements of Section 206(3). Section required to be given or filed by this AGENCY: Securities and Exchange 206(3) makes is unlawful for any section (except for notices required by Commission. investment adviser, directly or paragraph (f) of this section) by a futures indirectly, ‘‘acting as a principal for his ACTION: Final rule. commission merchant or a self- own account, knowingly to sell any regulatory organization must be filed SUMMARY: The Securities and Exchange security to or to purchase any security with the regional office of the Commission is adopting as final Rule from a client * * *, without disclosing Commission with jurisdiction over the 206(3)–3T under the Investment to such client in writing before the state in which the registrant’s principal Advisers Act of 1940, the interim final completion of such transaction the place of business is located, with the temporary rule that establishes an principal office of the Commission in alternative means for investment 1 Rule 206(3)–3T [17 CFR 275.206(3)–3T]. All references to Rule 206(3)–3T and the various Washington, DC, with the designated advisers who are registered with the self-regulatory organization, if any; and sections thereof in this Release are to 17 CFR Commission as broker-dealers to meet 275.206(3)–3T and its corresponding sections. See with the Securities and Exchange the requirements of Section 206(3) of also Temporary Rule Regarding Principal Trades Commission, if such registrant is a the Investment Advisers Act when they with Certain Advisory Clients, Investment Advisers Act Release No. 2653 (Sep. 24, 2007) [72 FR 55022 securities broker or dealer. Every notice act in a principal capacity in and written report required to be given (Sep. 28, 2007)] (‘‘2007 Principal Trade Rule transactions with certain of their Release’’). or filed by this section by an applicant advisory clients. As adopted, the only 2 482 F.3d 481 (D.C. Cir. 2007). In the FPA for registration as a futures commission change to the rule is the expiration date. Decision, handed down on March 30, 2007, the merchant must be filed with the Court of Appeals for the District of Columbia Rule 206(3)–3T will sunset on December Circuit vacated (subject to a subsequent stay until National Futures Association (on behalf 31, 2010. of the Commission), with the designated October 1, 2007) Rule 202(a)(11)–1 under the DATES: Advisers Act. Rule 202(a)(11)–1 provided, among self-regulatory organization, if any, and Effective Date: December 30, 2009. other things, that fee-based brokerage accounts were with the Securities and Exchange not advisory accounts and were thus not subject to Commission, if such applicant is a FOR FURTHER INFORMATION CONTACT: the Advisers Act. For further discussion of fee- based brokerage accounts, see 2007 Principal Trade securities broker or dealer. Any notice Sarah A. Bessin, Assistant Director, Rule Release, Section I. or report filed with the National Futures Daniel S. Kahl, Branch Chief, or 3 See 2007 Principal Trade Rule Release at nn.19– Association pursuant to this paragraph Matthew N. Goldin, Senior Counsel, at 20 and Section VI.C. shall be deemed for all purposes to be (202) 551–6787 or [email protected], 4 As a consequence of the FPA Decision, broker- filed with, and to be the official record Office of Investment Adviser dealers offering fee-based brokerage accounts became subject to the Advisers Act with respect to of, the Commission. Regulation, Division of Investment those accounts, and the client relationship became * * * * * Management, Securities and Exchange fully subject to the Advisers Act. These broker- (3) Every notice or report required to Commission, 100 F Street, NE., dealers—to the extent they wanted to continue to Washington, DC 20549–5041. offer fee-based accounts and met the requirements be provided in writing to the for registration—had to register as investment Commission under this section may, in SUPPLEMENTARY INFORMATION: The advisers, if they had not done so already, act as lieu of facsimile, be filed via electronic Securities and Exchange Commission is fiduciaries with respect to those clients, disclose all transmission using a form of user adopting as final temporary Rule material conflicts of interest, and otherwise fully comply with the Advisers Act, including the authentication assigned in accordance 206(3)–3T [17 CFR 275.206(3)–3T] restrictions on principal trading contained in with procedures established by or under the Investment Advisers Act of Section 206(3) of the Act. See 2007 Principal Trade approved by the Commission, and 1940 [15 U.S.C. 80b]. Rule Release, Section I.

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capacity in which he is acting and client’s consent before each principal 2010). Absent further action by the obtaining the consent of the client to transaction; 11 Commission, Rule 206(3)–3T will expire such transaction.’’ 5 Prior to our (iv) Sending to the client confirmation on December 31, 2010. As we continue adoption of Rule 206(3)–3T, several statements disclosing the capacity in to assess the operation of the rule along firms that had offered fee-based which the adviser has acted and with intervening developments, we brokerage accounts informed our staff disclosing that the adviser informed the believe that the substantive provisions that the written disclosure and the client that it may act in a principal of Rule 206(3)–3T as it was adopted on client consent requirements of Section capacity and that the client authorized an interim final basis provide sufficient 206(3) act as an operational barrier to the transaction; 12 and protections to advisory clients to their ability to engage in principal (v) Delivering to the client an annual warrant its continued operation for an trades with their clients. Most informed report itemizing the principal additional limited period of time. We us that they planned to discontinue fee- transactions made during the year.13 will use that time to consider whether based brokerage accounts as a result of The rule also requires that the to propose to continue the rule beyond the FPA decision. They explained that investment adviser be registered as a the revised sunset date and, if so, what they planned to do so because of the broker-dealer under Section 15 of the if any modifications should be made to application of the Advisers Act and that, Securities Exchange Act of 1934 (the the rule. unless they were provided an ‘‘Exchange Act’’) [15 U.S.C. 78o] and a. Comments on the Scope and exemption from (or an alternative means that each account for which the adviser Conditions of the Rule of complying with) Section 206(3), they relies on the rule be a brokerage account would be unable to provide the same subject to the Exchange Act, and the We received comment letters from range of services to those fee-based rules thereunder, and the rules of the eight commenters on the interim final self-regulatory organization(s) (‘‘SRO’’) rule.19 Several favored narrowing the brokerage customers who elected to 14 become advisory clients and would of which it is a member. The rule is scope of the exemption provided by the expect few to elect to do so. not available for principal trades of rule or opposed its expansion.20 Others, Rule 206(3)–3T was designed to securities if the investment adviser or a however, urged us to expand the rule’s continue to provide the protection of person who controls, is controlled by, or exemption to cover additional transaction-by-transaction disclosure is under common control with the securities.21 Some commenters 6 adviser (‘‘control person’’) is the issuer suggested that an adviser be prohibited and consent to advisory clients when 15 investment advisers seek to trade with or is an underwriter of the security. from relying on the rule when trading them on a principal basis, subject to The rule includes one exception—an any securities underwritten or issued by several conditions.7 Specifically, Rule adviser may rely on the rule for trades the adviser or any of its affiliates (i.e., 206(3)–3(T) permits an adviser, with in which the adviser or a control person that we exclude underwritten non- is an underwriter of non-convertible respect to non-discretionary advisory convertible investment grade debt investment-grade debt securities.16 Rule accounts,8 to comply with Section securities).22 Others asked that we allow 206(3)–3T(b) clarifies that the rule does 206(3) of the Advisers Act by, among advisers, in reliance on the rule, to not relieve in any way an investment other things, meeting the following engage in principal trades with clients adviser from its obligation to act in the conditions: in various types of securities the adviser best interests of each of its advisory (i) Providing written, prospective or an affiliate underwrote that are highly clients, including fulfilling the duty disclosure regarding the conflicts arising liquid and for which ascertainable with respect to the best price and from principal trades; 9 prices are readily available.23 execution for a particular transaction for (ii) Obtaining written, revocable Some commenters generally viewed the advisory client.17 Rule 206(3)–3T consent from the client prospectively the protections afforded to clients under was set to expire on December 31, 2009, authorizing the adviser to enter into the rule as inadequate,24 while others approximately 27 months after its principal transactions; 10 urged us to modify the rule to make it adoption.18 (iii) Making certain disclosures, either easier for advisers to effect principal orally or in writing, and obtaining the II. Discussion We are adopting Rule 206(3)–3T in 19 The comment letters are available at http:// 5 15 U.S.C. 80b–6(3) (emphasis added). See also www.sec.gov/comments/s7-23-07/s72307.shtml. 2007 Principal Trade Rule Release, Section II.A. the same form in which we adopted it However, one additional comment letter was 6 Rule 206(3)–3T(a)(4). See also 2007 Principal on an interim final basis in 2007, except submitted in connection with our proposed Trade Rule Release, Section II.B.4. that the sunset period of the rule will Interpretive Rule under the Advisers Act Affecting 7 For a discussion of Section 206(3) of the end one year later (on December 31, Broker-Dealers, Investment Advisers Act Release Advisers Act, its legislative history and our past No. 2652 (Sep. 24, 2007). International Association interpretations of it, see the 2007 Principal Trade of Small Broker Dealers and Advisers (Oct. 25, 11 Rule 206(3)–3T(a)(4). See also 2007 Principal Rule Release, Section II.A. 2007) (‘‘IASBDA Letter.’’) The IASBDA Letter Trade Rule Release, Section II.B.4. 8 For purposes of the rule, the term ‘‘investment addresses one particular aspect of the rule, as noted 12 Rule 206(3)–3T(a)(5). See also 2007 Principal discretion’’ has the same meaning as in Section below, and is available at http://www.sec.gov/ Trade Rule Release, Section II.B.5. 3(a)(35) of the Exchange Act [15 U.S.C. 78c(a)(35)], comments/s7-22-07/s72207-3.pdf. 13 except that it excludes investment discretion Rule 206(3)–3T(a)(6). See also 2007 Principal 20 See, e.g., Comment Letter of the Financial granted by a customer on a temporary or limited Trade Rule Release, Section II.B.6. Planning Association (Nov. 30, 2007) (‘‘FPA Letter basis. Rule 206(3)–3T(a)(1). See also 2007 Principal 14 Rule 206(3)–3T(a)(7). See also 2007 Principal I’’); Comment Letter of the National Association of Trade Rule Release at n. 31. Trade Rule Release, Section II.B.7. Personal Financial Advisors (Nov. 30, 2007) 9 Rule 206(3)–3T(a)(3). See also 2007 Principal 15 Rule 206(3)–3T(a)(2). See also 2007 Principal (‘‘NAPFA Letter’’). Trade Rule Release, Section II.B.3. Trade Rule Release, Section II.B.2. 21 See, e.g., Comment Letter of the Securities 10 Rule 206(3)–3T(a)(3). Rule 206(3)–3T also 16 Rule 206(3)–3T(a)(2). See also 2007 Principal Industry and Financial Markets Association (Nov. requires an adviser seeking to rely on the rule to Trade Rule Release, Section II.B.2. A separate 30, 2007) (‘‘SIFMA Letter I’’); Comment Letter of include with each written disclosure required by Commission rulemaking may have an impact on the Davis Polk & Wardwell (Dec. 4, 2007) (‘‘DPW the rule a conspicuous, plain English statement that rule’s definition of ‘‘non-convertible investment Letter’’). the client may revoke the prospective, written grade debt securities.’’ See note 34 below. 22 See, e.g., Comment Letter of Fund Democracy consent without penalty at any time by written 17 Rule 206(3)–3T(b). See also 2007 Principal and the Consumer Federation of America (Nov. 30, notice to the investment adviser. Rule 206(3)– Trade Rule Release, Section II.B.8. 2007) (‘‘FD/CFA Letter’’). 3T(a)(8). See also 2007 Principal Trade Rule 18 Rule 206(3)–3T(d). See also 2007 Principal 23 See, e.g., SIFMA Letter I. Release, Section II.B.3. Trade Rule Release, Section II.B.9. 24 See, e.g., NAPFA Letter.

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transactions with their clients.25 For to the rule’s exception from the general discretionary accounts.37 In contrast, example, one commenter urged us to prohibition for trades in which the one commenter urged us to expand the limit the rule’s relief to principal adviser or control person is an rule to be available to all advisory transactions with sophisticated or underwriter of non-convertible accounts, not just non-discretionary wealthy investors who are in a position investment grade debt securities.34 We ones.38 One commenter urged us to to protect themselves.26 Another also received mixed comments on the limit the scope of the rule so that suggested the rule expressly require rule’s limitation of relief to investment advisers may only rely on it when they firms to develop policies and advisers that are registered with the are conducting a principal trade with a procedures that are specifically Commission as broker-dealers. Some ‘‘qualified client,’’ as defined under designed to detect, deter and prevent commenters, generally those Rule 205–3 [17 CFR 275.205–3] under disadvantageous principal representing financial institutions that the Advisers Act,39 while another transactions.27 And others suggested act as both advisers and broker-dealers, argued that the rule should not be that we require that the disclosure supported the limitation 35 while others restricted to particular clients.40 supporting the initial client opposed it.36 b. Comments on Sunset Provision authorization for principal trades be in Several commenters agreed with our a separately executed, stand-alone decision to limit the rule to non- Five commenters addressed the document and not permit it to be duration of Rule 206(3)–3T.41 Three incorporated directly into an account 34 Compare SIFMA Letter I (arguing that we expressed support for the temporary opening agreement.28 Some commenters should expand the exception to underwritten duration of the rule, arguing that, in preferred stock, convertible debt, and certificates of light of the substantial risks associated asserted, however, that the disclosure deposit (among others)) with FPA Letter I requirements—in particular, requiring (specifically urging us not to extend the exception with principal trading facilitated by the transaction-by-transaction disclosures to debt instruments other than investment grade rule, a temporary effectiveness period municipal debt and corporate debt and expressing would be important for the Commission for principal trades with sophisticated concern with price transparency of debt 29 investors—were too restrictive, while instruments, generally) and FD/CFA Letter (arguing to assess whether the scope of relief 42 others argued that they did not go far that the exception should not be further expanded provided by the rule is appropriate. enough.30 Some commenters suggested or that it should be eliminated altogether because Two commenters supported making the of concerns regarding the price transparency of debt rule permanent at the end of the sunset we impose additional disclosures or instruments). 31 43 disclosure-related requirements. One One commenter supporting a broadening of the provision with broadened relief. commenter questioned the rule’s overall exception also urged us to modify our definition of We received two subsequent letters focus on disclosure and urged us to ‘‘investment grade debt security’’ to require that a from market participants. The Securities consider instead requiring affirmative qualifying security receive ratings from only one Industry and Financial Markets nationally recognized statistical rating organization Association (SIFMA) urged us to extend measures designed to prevent principal (‘‘NRSRO’’) instead of two. SIFMA Letter I. We are trading abuses.32 considering more globally, and in a separate Commenters who addressed the issue rulemaking, whether our inclusion of requirements 37 See, e.g., FD/CFA Letter (arguing that related to credit ratings in our rules and forms as discretionary accounts present a ‘‘greater risk of generally agreed with our view that an indication of investment grade quality has, in abuse as a general matter’’ and expressed principal trades in securities issued or effect, placed an ‘‘official seal of approval’’ on appreciation for the protections provided by this underwritten by an adviser or its control ratings and has adversely affected the quality of due limitation); IAA Letter; SIFMA Letter I (agreeing persons should not be permitted under diligence and investment analysis. See References that the rule should apply to all non-discretionary 33 to Ratings of Nationally Recognized Statistical accounts, but specifically noting that the rule the rule. However, these commenters Rating Organizations in Rules Under the Investment should not be further limited in application to expressed differing views with respect Company Act and Investment Advisers Act, former fee-based brokerage accounts only); FPA Investment Company Act Release No. 28327 (Jul. 1, Letter I (supporting the limitation as providing a 25 See, e.g., DPW Letter. 2008) [73 FR 40124 (July 11, 2008)]. In conjunction critical investor protection, but arguing that we with recently reopening the comment period for the 26 FPA Letter I. should consider further narrowing the non- 27 proposal with respect to Rule 206(3)–3T, the discretionary account limitation to include only FD/CFA Letter. Commission requested comment on whether it 28 those accounts that were formerly fee-based See, e.g., FD/CFA Letter; NAPFA Letter; FPA should substitute an approach that uses credit brokerage accounts). Letter I. ratings as a minimum standard along with 38 ABA Committee Letter (arguing that the 29 See, e.g., DPW Letter (although supporting the additional criteria that must be met with regard to specific exclusion in the rule for adviser- rule, commenting that the Commission should evaluating securities. The re-opened comment underwritten securities, together with an adviser’s provide more relief from the restrictions of Section period closed on December 8, 2009. See References best execution obligations, provides investors with 206(3) to permit affirmative waiver of the to Ratings of Nationally Recognized Statistical sufficient investor protections and therefore clients transaction-by-transaction disclosure and consent Rating Organizations, Investment Company Act in discretionary accounts should not be precluded requirements with respect to transactions with Release No. 28939 (Oct. 5, 2009) [74 FR 52358 (Oct. from the benefits of the relief provided by the rule). financially sophisticated investors involving certain 9, 2009)]. 39 FPA Letter I (further arguing that institutional ‘‘readily marketable’’ securities). 35 See, e.g., SIFMA Letter I (arguing that the dual 30 See, e.g., Comment Letter of the Investment clients or natural persons who are deemed to be registration condition preserves important investor ‘‘qualified clients’’ for purposes of Rule 205–3 are Advisers Association (Nov. 30, 2007) (‘‘IAA Letter’’) protections that were available to former fee-based (expressing strong opposition to any expansion of better positioned to understand the nature of brokerage customers who elected after the FPA principal transactions and the potential conflicts the relief provided in the rule, or relaxation of the Decision to convert their accounts to advisory rule’s conditions, and emphasizing the importance and, therefore, are better able to protect themselves accounts). against potential abuses than are other investors). of monitoring the rule in practice before making 36 See, e.g., FPA Letter I (urging us to eliminate Another commenter also expressed general further changes); FPA Letter I (expressing concern the limitation because investors would already about the risks attendant to principal trades); objections to the placing of any principal trades by receive the protections of both the Advisers Act and investment advisers. NAPFA Letter. NAPFA Letter (arguing that any expansion of the the Exchange Act whether the adviser is itself also 40 SIFMA Letter I (noting that all investors should scope of the rule would be inappropriate because registered as a broker-dealer or whether it is simply be able to benefit from the greater investment of the potential risks associated with principal affiliated with a broker-dealer, and further arguing choices, potentially enhanced executions and trades). that that the condition may have anticompetitive 31 additional liquidity provided by the rule). See, e.g., FD/CFA Letter; FPA Letter I effects, providing an advantage to investment 41 (expressing concern that the transaction-specific advisers that are also registered as broker-dealers); FPA Letter I; Comment Letter of the Financial disclosures required by the rule may not provide Comment Letter of the American Bar Association, Planning Association (Sep. 16, 2008) (‘‘FPA Letter investors with enough information regarding section of Business Law’s Committee on Federal II’’); IAA Letter; SIFMA Letter I; Comment Letter of conflicts of interest and suggested additional Regulation of Securities (Apr. 18, 2008) (‘‘ABA the Securities Industry and Financial Markets disclosures that should be required by the rule). Committee Letter’’) (arguing that the substantial Association (Aug. 21, 2009) (‘‘SIFMA Letter II’’); 32 See note 27 above and accompanying text. regulatory burdens of applying two regulatory DPW Letter; NAPFA Letter. 33 See, e.g., FD/CFA Letter; FPA Letter I; SIFMA regimes is not offset by additional investor 42 FPA Letter I; IAA Letter; NAPFA Letter. Letter I. protection benefits). 43 DPW Letter; SIFMA Letter I.

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the temporary rule for two years in light or an amended form or to allow it to is a rule that recognizes an exemption of pending legislation that could expire.47 We will consider, among other and relieves a restriction. address principal trading by investment things, the comments we received on IV. Paperwork Reduction Act advisers.44 The Financial Planning the interim final rule in deciding Association (FPA) also wrote whether to propose a permanent rule or Rule 206(3)–3T contains ‘‘collection recommending allowing the rule to to let the rule expire. If we decide to of information’’ requirements within the expire or extending it for no more than propose a permanent rule, we will also meaning of the Paperwork Reduction an additional year while the consider the comments we received in Act of 1995.51 The Office of Commission conducts a study that determining how such a rule might Management and Budget (‘‘OMB’’) either substantiates a clear basis for differ from Rule 206(3)–T. approved the burden estimates adopting a permanent exemption under In addition, there are currently presented in the 2007 Principal Trade Section 206(3) or disproves the view of pending before both houses of Congress Rule Release,52 first on an emergency firms that it affords unique benefits to bills that may address, or otherwise basis and subsequently on a regular the public.45 have an impact on, principal trading basis. OMB approved the collection of activities by investment advisers and information with an expiration date of c. Limited Extension of Temporary Rule broker-dealers, as well as broader issues March 31, 2011. An agency may not When we adopted Rule 206(3)–3(T) under the Advisers Act.48 Waiting some conduct or sponsor, and a person is not on a temporary basis in September 2007, additional time for Congress to act will required to respond to, a collection of we anticipated the two-year period permit us to consider the impact that information unless it displays a would provide us with adequate time to any of those proposals, if enacted, will currently valid OMB control number. evaluate the operation of the rule in the have on such activities prior to taking The title for the collection of marketplace and determine, in further action with respect to the information is: ‘‘Temporary rule for conjunction with consideration of all temporary rule. principal trades with certain advisory comments received, whether the rule For the reasons discussed in this clients, rule 206(3)–3T’’ and the OMB should be made permanent, modified or release, we have determined that it is control number for the collection of allowed to expire. At the time we necessary or appropriate in the public information is 3235–0630. adopted the interim final rule, we interest and consistent with the The 2007 Principal Trade Rule explained that we would need to take protection of investors and consistent Release explains that, under Rule action no later than the end of the with the purposes fairly intended by the 206(3)–3T, there are four distinct original duration of the temporary rule policy and provisions of the Advisers collection burdens. Our estimate of the if we intended to continue the same or Act to adopt Rule 206(3)–T as a final burden of each of the collections reflects similar relief.46 temporary rule. We are adopting Rule the fact that the alternative means of compliance provided by the rule is We need additional time to 206(3)–3T in the same form in which we substantially similar to the approach understand how, and in what situations, originally adopted it on an interim final advisers currently employ to comply advisers are using the rule. Fewer firms basis, except that it will expire on with the disclosure and consent than we anticipated at the time we December 31, 2010, one year after its obligations of Section 206(3) of the adopted the rule on an interim final original expiration date. basis immediately determined to rely on Advisers Act and the approach that it and those that did were slower than III. Certain Administrative Law Matters broker-dealers employ to comply with expected to implement the rule. We take The amendment to Rule 206(3)–3T is the confirmation requirements of Rule seriously the investor protection effective on December 30, 2009. The 10b–10 under the Exchange Act. The concerns raised by commenters. Administrative Procedure Act generally 2007 Principal Trade Rule Release solicited comments on our PRA Consequently, we have determined to requires that an agency publish a final 53 limit the duration of the extension to rule in the Federal Register not less estimates, but we did not receive one year while we continue to evaluate than 30 days before its effective date.49 comment on them. The amendment to the operation of the rule. As our staff However, this requirement does not the rule we are adopting today—to continues to gather information, we will apply if the rule is a substantive rule extend the rule for twelve months—does assess whether the rule is operating, and which grants or recognizes an not affect the burden estimates contained in the 2007 Principal Trade firms are applying it, in a manner exemption or relieves a restriction, or if 54 consistent with protecting investors. the rule is interpretive.50 Rule 206(3)– Rule Release. Given the limited nature of the 3T in part has interpretive aspects and V. Cost-Benefit Analysis extension, we believe that making other We are adopting, as a final temporary changes to the temporary rule could 47 Subsequent to adopting Rule 206(3)–3T, the study prepared by RAND Corporation was rule, Rule 206(3)–3T under the Advisers cause firms relying on the rule to need Act, which provides an alternative to make adjustments to their disclosure completed. See Investor and Industry Perspectives on Investment Advisers and Broker-Dealers, means for investment advisers that are documents, client agreements, http://www.sec.gov/news/press/2008/2008- _ registered with us as broker-dealers to procedures, or systems that, depending 1 randiabdreport.pdf. The study addressed two meet the requirements of Section 206(3) on whether we determine to propose primary questions: (1) What are the current business practices of broker-dealers and investment and adopt a permanent rule in the advisers; and (2) do investors understand the 51 44 U.S.C. 3501 et seq. future, may be applicable for only a differences between and relationships among 52 See 2007 Principal Trade Rule Release, Section year. broker-dealers and investment advisers? Several of V.B&C. Further evaluation will help inform the bills currently pending before Congress are 53 See id., Section V.D. our decision whether to propose to designed to harmonize the separate regulatory 54 As discussed above, fewer firms than we regimes for investment advisers and broker-dealers. make the rule permanent in its current anticipated at the time we adopted the rule on an 48 See, e.g., Investor Protection Act of 2009, H.R. interim final basis immediately determined to rely 3817, 111th Cong. (2009); Restoring American on it and those that did were slower than expected 44 __ SIFMA Letter II. Financial Stability Act of 2009, S. 111th Cong. in implementing it. We received no comments on 45 FPA Letter II. (2009). our estimate of the number of advisers or accounts 46 See 2007 Principal Trade Rule Release, Section 49 5 U.S.C. 553(d). and, for purposes of this release, are retaining those II.B.9. 50 5 U.S.C. 553(d)(1) and (2). estimates.

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when they act in a principal capacity transaction-by transaction disclosure requirements.62 Another commenter with respect to transactions with certain and consent; transaction-by-transaction argued that limiting the availability of of their advisory clients. Other than confirmations; and the annual report of the rule to advisers that also are extending the sunset period of the principal transactions. We also provided registered as broker-dealers imposes temporary rule for one year, we are not estimates for the following related costs substantial regulatory burdens that are otherwise modifying the rule from the of compliance with Rule 206(3)–3T: (i) not justified by corresponding investor form in which we initially adopted it on The initial distribution of prospective protection benefits.63 We recognize an interim final basis in September disclosure and collection of consents; these commenters’ concerns and will 2007. (ii) systems programming costs to consider them, as well as all the other In summary, as explained in the 2007 ensure that trade confirmations contain comments we have received, if we 55 Principal Trade Rule Release, we all of the information required by the determine to propose to make the rule believe the principal benefit of Rule rule; and (iii) systems programming permanent in its current or a modified 206(3)–3T is that it maintains investor costs to aggregate already-collected form. For purposes of the limited choice and protects the interests of information to generate compliant extension at issue here, however, we 57 investors who held an estimated $300 principal transactions reports. Finally, believe the costs of adjustments to billion in one million fee-based we solicited comment on, and requested practices and systems that may or may brokerage accounts. A resulting second data to assist us in further developing, not be continued or necessary under a benefit of the rule is that non- our cost and benefit estimates.58 potential, future permanent rule would discretionary advisory clients of We did not receive comments directly not be justified at this time.64 advisory firms that are also registered as addressing with supporting data the broker-dealers have easier access to a cost-benefit analysis we presented in the We acknowledge that firms relying on wider range of securities which, in turn, 2007 Principal Trade Rule Release and the rule would incur operational costs should lead to increased liquidity in the we continue to believe that our associated with complying with the rule markets for these securities and promote estimates reflect the likely costs an for one year. We believe that the capital formation in these areas. A third adviser would incur to rely on the estimates of the costs we outlined were benefit of the rule is that it provides the rule.59 Several of the comments reasonable, and no commenter provided protections of the sales practice rules of described above, however, relating to specific, alternative estimates. We the Exchange Act and the relevant self- the utility of specific disclosure believe that the benefits were regulatory organizations because an provisions, along with an additional appropriately identified. We believe that adviser relying on the rule must also be comment regarding the potential effect all the costs and benefits associated a registered broker-dealer. Another of the rule on small firms, do have with the rule—which, as noted above, benefit of Rule 206(3)–3T is that it bearing on our cost-benefit analysis of the purpose of which was to permit provides a lower cost alternative for an the rule. In particular, one commenter broker-dealers to sell to their non- adviser to engage in principal argued that the costs of transaction-by- discretionary advisory clients certain transactions. transaction notice and consent for securities held in the proprietary We believe there are some benefits sophisticated investors may outweigh accounts of their firms that might not be associated with extension of the rule for the benefits.60 This commenter available on an agency basis (or might one year. By extending the rule for one suggested that the rule expressly permit be available on an agency basis only on year, non-discretionary advisory clients negative consent for principal trading less attractive terms) should be who have had access to certain because the costs for certain clients who considered in aggregate. The particular securities because of their advisers’ must locate and contact an authorized array of disclosure requirements and reliance on the rule to trade on a person to sign an affirmative consent on limitations contained in the rule was principal basis will continue to have behalf of the client on a timely basis tailored to safeguard investor protection access to those securities without 61 may outweigh the benefits. Another and counterbalance investor protection disruption. Firms relying on the rule commenter expressed doubt that the will continue to be able to offer clients concerns that might stem from the rule’s benefit of the transaction-by-transaction allowance for transaction-by-transaction and prospective clients access to certain confirmation requirement would securities on a principal basis as well notice and consent to principal trades to outweigh the costs of revising and be delivered orally or in written form, and will not need during this one-year further burdening the standard period to incur the cost of adjusting to instead of just in written form. We confirmation form, especially given the believe that, for purposes of this one- a new set of rules or abandoning the rule’s other disclosure and consent systems established to comply with the year extension of the rule, these overall benefits justify the costs associated with current rule. In other words, extension 57 We note that the rule provides an alternative will avoid disruption to clients and means of compliance with Section 206(3) of the the rule. firms during the period while we Advisers Act. Therefore, there is no requirement VI. Promotion of Efficiency, consider whether to make the rule that any adviser rely on it. We believe that it is reasonable to assume that only those advisers that Competition, and Capital Formation permanent in its current form or in a conclude that the benefits in aggregate outweigh the modified form or to let it expire. aggregate costs of relying on the rule would choose Section 202(c) of the Advisers Act As discussed in the 2007 Principal to do so. mandates that the Commission, when Trade Rule Release,56 we presented 58 See 2007 Principal Trade Rule Release, Section engaging in rulemaking that requires it estimates of the costs of each of the VI. 59 As discussed above, fewer firms than we to consider or determine whether an rule’s disclosure elements, including: anticipated at the time we adopted the rule on an action is necessary or appropriate in the the prospective disclosure and consent; interim final basis immediately determined to rely public interest, consider, in addition to on it. We received no comments on our estimate of the protection of investors, whether the 55 For a complete discussion of the benefits for the number of advisers or accounts and, for Rule 206(3)–3T, see 2007 Principal Trade Rule purposes of this release, are retaining our original Release, Section VI. estimates. 62 FD/CFA Letter. 56 See 2007 Principal Trade Rule Release, Section 60 DPW Letter. 63 ABA Committee Letter. VI.D. 61 Id. 64 See Section II.C. of this Release.

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action will promote efficiency, of these commenters specifically argued projected reporting, recordkeeping and competition, and capital formation.65 that these limitations are unnecessary, other compliance requirements; (iv) As we explained in the 2007 Principal contending they provide no additional agency action to minimize the effect on Trade Rule Release, Rule 206(3)–3T may protection for investors engaging in small entities; (v) duplicative, increase efficiency by providing an principal transactions because any overlapping or conflicting Federal rules; alternative means of compliance with principal trades conducted for an and (vi) significant alternatives. We Section 206(3) of the Advisers Act that advisory account would be subject to sought comment on each of these we believe will be less costly and less the Exchange Act and SRO rules aspects of our FRFA. burdensome.66 By permitting oral anyway.71 This commenter concluded As discussed above, several transaction-by-transaction disclosure, that the limitation instead merely commenters objected to the condition advisers may be more willing to engage provides a competitive advantage to that advisers seeking to rely on the rule in principal trades with advisory clients investment advisers that are also must also be registered as broker-dealers leading advisers to provide access to registered broker-dealers.72 and that each account must be subject certain securities the adviser or its We intend to continue to evaluate the to both the Advisers Act and the affiliate has in inventory. As we noted effects of the rule on efficiency, Exchange Act (and applicable SRO in the 2007 Principal Trade Rule competition and capital formation as we rules). Some contended that the burdens Release, firms have argued that making consider whether to propose to extend of requiring application of both securities available to clients through or modify the rule or allow it to expire. regulatory regimes do not outweigh the principal trades could lead to faster or As discussed above, we have no reason benefits.73 Others essentially argued less expensive execution, advantages a to believe, based on our experience with that limiting the availability of the relief client may deem to outweigh the risks the rule to date, that small broker- under the rule to advisers also registered presented by principal trading with an dealers (or affiliated but separate as broker-dealers might be anti- adviser.67 investment advisers and broker-dealers) competitive.74 With respect to small We further explained our expectation are put at a competitive disadvantage to entities in particular, one commenter that Rule 206(3)–3T will promote larger advisers that are themselves also suggested that the alternative means of competition because it preserves registered as broker-dealers. We believe compliance with the Advisers Act’s investor choice for different types of that the effects on efficiency, principal trading restrictions made advisory accounts and that, if Rule competition and capital formation of available by Rule 206(3)–3T (in 206(3)–3T has any effect on capital Rule 206(3)–3T as it was adopted on an particular, when considered in formation, it is likely to be positive, interim final basis warrant its continued conjunction with the interpretive rule although indirect.68 We also described operation for the additional limited proposed on the same day),75 would our understanding that providing an period of time. We anticipate no new disadvantage small broker-dealers alternative to the traditional effects on efficiency, competition and because they are less likely to also be requirements of transaction-by- capital formation as a result of the one- registered as an investment adviser, and transaction written disclosure might year extension. During that time, we as a result would have to form an serve to broaden the potential universe will continue to assess the rule’s adviser to take advantage of the benefits of purchasers of securities, in particular operation and impact along with of the rule.76 investment grade debt securities, for the intervening developments. We specifically considered and reasons described in the 2007 Principal discussed these issues in the final VII. Final Regulatory Flexibility Act regulatory flexibility analysis in the Trade Rule Release, opening the door to Analysis greater investor participation in the 2007 Principal Trade Rule Release and securities markets with a potential A final regulatory flexibility analysis believe that it is appropriate to continue positive effect on capital formation.69 (‘‘FRFA’’) was prepared in accordance this condition of the rule for the limited Some commenters, while expressing with 5 U.S.C. 603 when Rule 206(3)–3T extension. As explained above, support for the goal of affording was adopted in September 2007. In the however, we expect to continue to investors engaged in principal 2007 Principal Trade Rule Release, we consider these comments in conjunction transactions the protections of both the analyzed: (i) The need for and objectives with data our staff gathers on the investment adviser regulatory regime of the rule; (ii) an estimate of small operation of the rule in the marketplace, (i.e., the Advisers Act and rules entities subject to the rule; (iii) the rule’s no later than the end of the rule’s thereunder) and the broker-dealer revised termination date if the regulatory regime (i.e., the Exchange Act interim final basis. IASBDA Letter. See also note 19 Commission intends to propose to above. Because those comments relate more directly continue the same or similar relief. and rules thereunder and the rules of to the proposed interpretive rule, they will be applicable SROs), opposed the considered in conjunction with that interpretive VIII. Statutory Authority rulemaking. limitation of the temporary rule not only The Commission is adopting Rule to investment advisers that are also 71 FPA Letter I (arguing that a client engaging in a principal trade enjoys the benefits of two 206(3)–3T pursuant to Sections 206A registered as broker-dealers, but also to regulatory regimes regardless of whether the client’s and 211(a) of the Advisers Act. accounts that are subject to both the adviser is itself both an investment adviser and a Advisers Act and Exchange Act.70 One broker-dealer for purposes of the Federal securities Text of Rule laws or instead affiliated with a separate broker- dealer with which the client engages in the trade List of Subjects in 17 CFR Part 275 65 15 U.S.C. 80b–2(c). on a principal basis because, in the first instance, 66 Investment advisers, Reporting and 2007 Principal Trade Rule Release, Section VII. a single firm is responsible for meeting all 67 Id. regulatory requirements (including those of the recordkeeping requirements. 68 Id. Commission and the relevant SRO) and in the ■ For the reasons set out in the 69 Id., Section II.B.2. second, one firm holds the broad fiduciary duties preamble, Title 17, Chapter II of the 70 See, e.g., FPA Letter I; ABA Committee Letter; of an adviser (and is subject to Commission SIFMA Letter I. Another commenter commented oversight), while the affiliated broker-dealer must 73 upon potential anti-competitive aspects of the rule, still comply with the Commission’s and relevant See notes 35–36 and accompanying text above in particular as it relates to a proposed (but not SRO’s sales practice and best execution 74 See notes 70–72 and accompanying text above. adopted) interpretive rule that was proposed on the requirements). 75 See note 19 above. same day Rule 206(3)–3T was adopted on an 72 Id. 76 IASBDA Letter.

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Code of Federal Regulations is amended system from a location other than where working to expand the entry types that as follows: the goods will arrive in the United may be processed via RLF. It is States. anticipated that upon the total PART 275—RULES AND DATES: Effective Date: January 29, 2010. integration of the major cargo and entry REGULATIONS, INVESTMENT summary functionalities into FOR FURTHER INFORMATION CONTACT: For ADVISERS ACT OF 1940 Automated Commercial Environment systems or automation issues: Tony (ACE), the expansion of RLF will be ■ 1. The general authority citation for Casucci, Office of Information fully realized and will incorporate most Part 275 continues to read as follows: Technology, at (703) 650–3053. For entry types. Authority: 15 U.S.C. 80b–2(a)(11)(G), 80b– operational or policy issues: Cynthia As the entry types currently permitted 2(a)(17), 80b–3, 80b–4, 80b–4a, 80b–6(4), Whittenburg, Trade Policy and under RLF are expanded in the future, 80b–6a, and 80b–11, unless otherwise noted. Programs, Office of International Trade, CBP will not list them in the regulatory at (202) 863–6512 or via e-mail at * * * * * text; rather, CBP will include a reference [email protected]. in the regulatory text, at § 143.44(c), to ■ 2. Section 275.206(3)–3T(d) is revised SUPPLEMENTARY INFORMATION: the Web site located at http:// to read as follows: www.cbp.gov/xp/cgov/trade/ Background § 275.206(3)–3T Temporary rule for trade_programs/remote_location_filing/ principal trades with certain advisory On March 23, 2007, CBP published in that provides a current listing of clients. the Federal Register (72 FR 13714) a permissible RLF entry types. (d) This section will expire and no proposal to implement Remote Location Comment: Four commenters longer be effective on December 31, Filing (RLF) regulations in a new requested that RLF permit the filing of 2010. subpart E to part 143 within title 19 of all entry types (including anti-dumping, the Code of Federal Regulations (19 CFR countervailing duty, and quota entries), Dated: December 23, 2009. part 143, subpart E). and not be limited to type 01 and 11 By the Commission. RLF, which currently operates as a consumption entries. One of the Elizabeth M. Murphy, National Customs Automation Program commenters also suggested that CBP Secretary. (NCAP) prototype test pursuant to create a special class of National Permit [FR Doc. E9–30877 Filed 12–29–09; 8:45 am] section 414 of the Tariff Act of 1930, as to allow a broker to file any type of BILLING CODE 8011–01–P added by section 631 within the entry in RLF. Customs Modernization provisions of CBP Response: As noted in the the North American Free Trade response to the previous comment, it is DEPARTMENT OF HOMELAND Agreement Implementation Act, allows anticipated that most entry types will be SECURITY an RLF filer to electronically file with permitted under RLF at such time as the U.S. Customs and Border Protection major cargo and entry summary Bureau of Customs and Border (CBP) those consumption entries and functionalities are totally integrated into Protection related information that CBP can ACE. For this reason, the creation of a process in a completely electronic data special class of National Permit is DEPARTMENT OF THE TREASURY interchange system from a location unnecessary. other than where the goods will arrive Comment: One commenter requested 19 CFR Parts 111, 113, 141, 142 and in the United States. that all brokers meeting the criteria set 143 As noted in 72 FR 13714, the RLF forth in proposed § 143.43 should have prototype will terminate upon the their filer codes centrally ‘‘turned on’’ [CBP Dec. 09–47; USCBP–2006–0001] effective date of this final rule. RLF automatically in the Automated RIN 1505–AB20 prototype participants may continue to Commercial System (ACS) for all participate in the NCAP test program eligible RLF ports instead of having Remote Location Filing until this date. their Automated Broker Interface (ABI) CBP solicited comments on the Client Representatives enter them as AGENCIES: U.S. Customs and Border proposed rulemaking. needed. Protection, Department of Homeland CBP Response: The current ACS Security; Department of the Treasury. Discussion of Comments environment does not provide this ACTION: Final rule. Fourteen commenters responded to capability. Coordination with the ABI the solicitation of public comment in Client Representative is required to SUMMARY: This document adopts as a the proposed rule. A description of the enable a broker to file remotely at a final rule, with changes, the proposed comments received, together with CBP’s specific port. amendments to title 19 of the Code of analyses, is set forth below. Comment: Two commenters requested Federal Regulations (19 CFR) regarding Comment: Proposed § 143.44(c) additional clarification regarding the Remote Location Filing (RLF). RLF is a describes RLF automation requirements specific criteria used by CBP in planned component of the National as encompassing only those entries and establishing RLF-operational locations. Customs Automation Program (NCAP), entry summaries that CBP processes CBP Response: CBP continually authorized by section 414 of the Tariff completely in an electronic data reviews and makes determinations Act of 1930, as added by section 631 interchange system. Three commenters concerning the addition of new ports to within the Customs Modernization requested that, in the final rule, CBP the list of RLF-approved processing provisions of the North American Free either specifically list the RLF-eligible locations. A prospective port must, at a Trade Agreement Implementation Act. entry types or cite to a source for such minimum, have appropriate electronic RLF allows a participating NCAP filer to information. entry processing capabilities. In electronically file with CBP those CBP Response: Currently, only determining whether to make a port consumption entries and related electronically transmitted consumption RLF-operational, CBP may take into information that CBP can process in a entries—entry types 01 and 11—may be consideration factors such as trade completely electronic data interchange filed using RLF. CBP is presently interest and whether CBP personnel

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have been trained in RLF procedures at CBP Response: CBP is in the process process,’’ requested that CBP verify that a particular location. Filers are of updating internal RLF standard it is not amending part 141 to allow encouraged to contact the CBP RLF operating procedures and training customs brokers (or any other future Program Manager at materials which will help achieve a authorized agent for an importer) to [email protected] to suggest higher level of proficiency and prepare and file customs entries, entry possible port additions. uniformity in RLF processing skills at summaries and/or other ‘‘customs Comment: Four commenters RLF-operational ports. business’’ documents from outside the advocated that RLF be permanently Comment: One commenter noted that United States on the importer’s behalf. adopted as a final rule. under the terms of the RLF prototype, CBP Response: The amendments to 19 CBP Response: CBP concurs. CBP accepted electronic filings of CFR 141.61(a)(2) are intended to Comment: Three commenters certain ‘‘other government agency’’ provide regulatory guidance for RLF requested that CBP adopt procedures (OGA) information and certifications regarding the manner by which that would provide the trade with a 90- such as Toxic Substances Control Act electronic entry and entry summary day advance notice of new RLF- (TSCA) certificates. The commenter documentation are to be prepared. This operational ports. The commenters urges CBP to expand RLF in this regulatory package does not address the noted that Express Consignment Carrier capacity. issue of whether entries can be filed Facility (ECCF) operators require CBP Response: CBP continues to work from outside the United States. advance notice to modify automated with OGAs to fulfill documentation Comment: One commenter suggested systems to accept RLF entries and, requirements electronically through the changes to proposed 19 CFR although the proposed rule notice stated International Trade Data System (ITDS). 141.61(a)(2) which concerns the that new RLF locations will be listed in Also, as noted above, when the major preparation of electronic entry and entry the Automated Broker Interface (ABI) cargo and entry summary functionalities summary documentation. The are totally integrated into ACE, it is commenter notes that the certification of administrative messaging system, the anticipated that the expansion of RLF the entry filing is ‘‘customs business,’’ document did not state that advance will be fully realized and most OGA as defined in 19 U.S.C. 1641(a) and 19 notice will be provided. The information and filings will be able to CFR 111.1, and the person responsible commenters also note that messages be filed electronically. for preparing the electronic filing, not sent via ABI will not reach parties such Comment: One commenter suggested simply the transmitter of the filing, must as carriers and ECCF operators who are that RLF should be expanded to include be the importer self-filer or a licensed not part of ABI messaging. the Line Release process, prescribed in U.S. customs broker. Accordingly, the CBP Response: CBP will make every 19 CFR part 142, subpart D, which commenter suggests deleting the phrase effort to provide advance notice to the exists to facilitate the clearance of in proposed § 141.61(a)(2) which states, trade of new RLF-operational ports and repetitive, low-risk transactions. ‘‘* * * by the importer of record or his will list new and pending RLF- CBP Response: Line Release provides duly authorized agent, one of whom operational ports on its Web page so for advance cargo screening and must be resident in the United States for that parties who do not participate in expedited release at land border ports. purposes of receiving service of process the ABI administrative messaging The current ACS environment does not * * *’’ and adding in its place the system will be informed in this regard. provide the capability for RLF to language, ‘‘* * * by the importer of The agency, however, views adopting a include Line Release. However, as entry record or the importer’s duly authorized 90-day advance notice regulatory processing migrates to ACE and CBP’s customs broker’’. requirement as unnecessarily restrictive system capabilities evolve, CBP will CBP Comment: CBP agrees with the as the time it takes to train CBP explore opportunities to achieve various commenter’s suggested language and personnel and ensure that the port is process objectives based on the proposed § 141.61(a)(2), as set forth in fully RLF operational varies from port to expanded automation capabilities. 72 FR 13714, is amended in this port. As noted above, filers are Comment: One commenter stated that document to state that the entry and encouraged to contact the CBP RLF RLF regulations are not necessary entry summary documentation must be Program Manager at because the RLF prototype has been certified by the importer of record or the [email protected] for information functioning for 13 years and ACE will importer’s duly authorized ‘‘customs regarding possible port additions. make RLF redundant. The commenter broker.’’ This provision is further Comment: Three commenters suggests that RLF should continue as a amended to retain the concept of the requested that CBP publish a list of NCAP prototype until such time as the importer’s ‘‘duly authorized agent’’ in a current RLF operational ports in a functionalities of ACE are totally service of process context. manner that is clearly labeled on the integrated. Comment: One commenter noted that CBP Web site and includes the date of CBP Response: Promulgating RLF as a RLF pertains only to customs brokers last update. regulatory program will clarify and and that importers who are self-filers CBP Response: A complete and harmonize RLF requirements and have no permit restrictions and may file current list of existing RLF operational provide the operational groundwork for entries of all kinds at all ports in the ports is set forth at the CBP Web site ACE. ACE will not replace RLF; rather, U.S. In order to maintain the current located at http://www.cbp.gov/xp/cgov/ ACE will be the electronic means level playing field, brokers must trade/trade_programs/ necessary to expand RLF. continue to have the option of offering remote_location_filing/. A link entitled Comment: One commenter, citing the their clients the same capabilities. To ‘‘RLF Operational Locations’’ directs proposed amendment to 19 CFR that end, the commenter proposes that viewers to the list, which also contains 141.61(a)(2) which would allow a special class of national permit should the date of last update. A reference to electronic entry and entry summary be created that would allow brokers to this Web site is set forth in § 143.42(b). documentation to be filed ‘‘by the file at all ports with no restrictions as to Comment: One commenter stated that importer of record or his duly entry types. The commenter posits that the need for adequate staffing at RLF- authorized agent, one of whom must be creating a new class of permit would operational ports is essential and noted a resident of the United States for the provide brokers with the same filing a lack of uniform training at these sites. purposes of receiving service of options as self-filing importers.

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CBP Response: The legislative intent their transaction. Brokers are obligated required by certain other government of the Customs Modernization Act (Pub. to exercise reasonable supervision over agencies are permitted under PAIRED, L. 103–182, 107 Stat. 2170 (December 8, the customs business they perform and but not under RLF at this time. 1993)), was to allow nationally are obligated to ask whether an entry is CBP Response: CBP agrees that the permitted brokerage firms to file being made on behalf of the foreign PAIRED program is distinct from RLF. electronically at all ports of entry, and shipper or the U.S. purchaser. If the RLF is processed in a completely CBP is working toward that objective. parties to the transaction meet their electronic environment while PAIRED, Additionally, and as noted above, above-described legal obligations, the in most cases, still relies on paper when the major cargo and entry issue of duplicate entries being made on filings. The PAIRED program was summary functionalities are totally the same merchandise should not occur. implemented in 1987 as an alternative integrated into ACE, the expansion of However, where duplicate entries are process for importers to use the existing RLF will be fully realized, and it is filed, filers may remedy this through ‘‘telecommunications facilities’’ that anticipated that RLF will be able to CBP’s established entry cancellation were available at that time to expedite encompass most, if not all, entry types. procedures. For a further discussion of the submission, review, and final Comment: One commenter inquired this issue, the trade is advised to contact disposition of entry documentation. whether a broker would be allowed to the Trade Facilitation and PAIRED was implemented as an make entry via RLF even when the Administration Division, Office of attempt to reduce the costs associated broker has an office in the port of entry. International Trade, Customs and with maintaining the transportation in- CBP Response: A broker may use Border Protection, at (202) 863–6000. bond system. In 1987, CBP did not CBP’s electronic invoice capabilities to Comment: Several commenters note possess the technological resources for facilitate an entry filing when the broker that as an ECCF operator engages in a electronic filing, nor did the agency has an office in the port of entry. contractual agreement with a shipper possess the statutory authority to permit Comment: Several commenters noted through the terms and conditions of the brokers to file entries to districts other that express consignment carrier and air waybill, the ECCF operator is than those for which they held district courier hub facilities (ECCFs) are contractually obligated to abide by the permits. privately constructed and funded instructions from the shipper. These Congress directed the discontinuance facilities at which ECCF operators are terms and conditions include the of PAIRED entries upon implementation required to pay reimbursement fees to authority to make clearance of RLF. See House Report No. 103– CBP (see § 24.23(b)(4)) for services arrangements at destination and offer an 361(I), page 127. CBP is of the view that provided by the agency at these option under which the shipper can elimination of the PAIRED program facilities. As ECCFs are increasingly specify that the consignee will make fulfills Congressional intent by used by conventional brokers who do clearance arrangements. The increasing electronic filing (a major not pay reimbursement fees, the commenters expressed concern that the impetus of the Customs Modernization commenters suggested that CBP should proposed RLF regulations make no provisions of the North American Free impose filer code restrictions and ECCF mention of this contractual obligation Trade Agreement Implementation Act, operators should be able to choose and thus create the possibility of forced Pub. L. 103–182, 107 Stat. 2170 which of their port codes will be RLF- contractual breach by requiring the (December 8, 1993)). The argument that eligible and which brokers will be ECCF operator to accept the entry under RLF was intended to provide the same permitted to file RLF entries at the arrangements by the consignee. benefits as PAIRED is unsubstantiated ECCFs. CBP Response: These comments and, in any event, will be rendered moot CBP Response: With regard to the address a substantive issue that is in the foreseeable future as ACE commenters’ request for filer code beyond the scope of the proposed RLF modernization development will deliver restrictions at ECCFs, CBP notes that rule and therefore will not be major release and entry summary RLF operational ports, including ECCFs, considered in the context of this final processing capabilities in 2009. are open to all filers and importers who rule. Comment: Several commenters fulfill the RLF eligibility criteria. Comment: Several commenters request that elimination of the PAIRED Comment: Several commenters described the PAIRED program as program should be phased in until RLF requested that ECCF operators be distinct from RLF and suggested that if is implemented for all entry types. notified as part of the approval and set- PAIRED were to be eliminated, as CBP Response: CBP does not view an up process to prevent the filing of proposed, valuable experience and interim continuation of the PAIRED duplicate entries resulting from established relationships between the program as conducive to either CBP’s situations where an importer retains the trade, participating government agencies homeland security objectives or its services of an outside customs broker to and CBP will be lost. The commenters customs modernization initiatives. file an entry instead of using the ECCF’s noted that PAIRED port entries were As noted above, RLF was established designated ‘‘in-house’’ broker who designed to facilitate legitimate low under the Customs Modernization Act typically arranges customs clearance at risk/repetitive trade throughout the and provides for the electronic the facility. United States and therefore play a submission of required entry and entry CBP Response: As this issue is significant part in the economic well- summary data from any location substantively outside the scope of the being of our nation and the importing regardless of where the merchandise proposed amendments to the CBP companies that use the PAIRED arrives in the United States or where it regulations set forth in 72 FR 13714, it program. The commenters further noted is examined. Under RLF, physical cannot be addressed in this final rule. that although Congress stated that the examinations are not restricted to either CBP notes, however, that as importers PAIRED program would be eliminated the port of filing or the port of arrival are obligated to use reasonable care in upon implementation of RLF, this (unlike PAIRED). Examination can also making an entry, the U.S. purchaser and presupposed that RLF would provide take place at the port nearest the cargo’s the foreign shipper are obligated to the same benefits and unique aspects of final destination. RLF supports coordinate with each other as to which PAIRED. In this regard, it is noted that comprehensive account based of them will be responsible for entering AD/CVD entries, quota entries, single processing by allowing filers to the foreign merchandise covered by bond entries, and paper entry filings electronically manage and control filing

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of customs cargo data. RLF also merchandise, Reporting and PART 141—ENTRY OF MERCHANDISE supports the accurate electronic tracking recordkeeping requirements. of cargo arrival and required electronic ■ 5. The general authority citation for 19 CFR Part 142 review. The PAIRED program does not part 141 is revised, and the specific support these important security Customs duties and inspection, authority citations for subparts F and G objectives and runs counter to the Forms, Reporting and recordkeeping and §§ 141.68 and 141.90 continue to agency’s modernization efforts. requirements. read as follows: Conclusion 19 CFR Part 143 Authority: 19 U.S.C. 66, 1414, 1448, 1484, 1624. After analysis of the comments and Automated Broker Interface (ABI), Subpart F also issued under 19 U.S.C. further review of the matter, CBP has Computer technology (Electronic entry 1481; determined to adopt as final, with the filing), Customs duties and inspection, Subpart G also issued under 19 U.S.C. 1505; changes mentioned in the comment Entry of merchandise, Invoice discussion, the proposed rule published requirements, Reporting and * * * * * in the Federal Register (72 FR 13714) on recordkeeping requirements. Section 141.68 also issued under 19 U.S.C. March 23, 2007. 1315; This final rule also affects an Amendments to the Regulations * * * * * additional non-substantive change to Section 141.90 also issued under 19 U.S.C. For the reasons stated in the 1487; §§ 143.43(a), 143.44(a) and 143.44(b) to preamble, parts 111, 113, 141, 142 and * * * * * clarify that the importer of record, in 143 of title 19 of the CFR (19 CFR parts addition to a customs broker, may 111, 113, 141, 142 and 143) are ■ 6. In § 141.18: participate in RLF. amended as set forth below. ■ a. The introductory sentence is The Regulatory Flexibility Act and amended by removing the word Executive Order 12866 PART 111—CUSTOMS BROKERS ‘‘Customs’’ and adding in its place the word ‘‘customs’’, and by removing the Because these amendments ■ 1. The general authority citation for word ‘‘shall’’ and adding in its place the implement a voluntary program part 111 continues to read as follows: word ‘‘may’’; provided for by statute, and have the ■ Authority: 19 U.S.C. 66, 1202 (General b. Paragraph (a) is revised; and effect of streamlining the entry process ■ Note 3(i), Harmonized Tariff Schedule of the c. Paragraph (b) is amended by and reducing the overall regulatory United States), 1624, 1641. removing the word ‘‘Customs’’ and burden on the general public, it is * * * * * adding in its place the term ‘‘CBP’’. certified pursuant to the provisions of The revision reads as follows: the Regulatory Flexibility Act, 5 U.S.C. ■ 2. Section 111.2(b)(2)(i)(C) is revised 601 et seq. that these amendments will to read as follows: § 141.18 Entry by nonresident corporation. not have a significant economic impact * * * * * § 111.2 License and district permit (a) Has a resident agent in the State on a substantial number of small required. entities. Further, these amendments do where the port of entry is located who not meet the criteria for a ‘‘significant * * * * * is authorized to accept service of regulatory action’’ as specified in E.O. (b) * * * process against that corporation or, in 12866. (2) * * * the case of an entry filed from a remote (i) * * * location pursuant to subpart E of part Paperwork Reduction Act 143 of this chapter, has a resident agent As there are no new collections of (C) Electronic filing. A broker may authorized to accept service of process information proposed in this document, electronically file entries for against that corporation either in the the provisions of the Paperwork merchandise from a remote location, State where the port of entry is located Reduction Act of 1995 (44 U.S.C. 3507) pursuant to the terms set forth in or in the State from which the remote are inapplicable. subpart E to part 143 of this chapter, location filing originates; and and may electronically transact other * * * * * Signing Authority customs business even though the entry is filed, or other customs business is ■ 7. In § 141.61: This document is being issued in ■ a. Paragraphs (a) and (b) are revised; accordance with 19 CFR 0.1(a)(1). transacted, within a district for which the broker does not have a district ■ b. Paragraph (c) is amended, in the List of Subjects permit; and first sentence, by removing the word ‘‘shall’’ and adding in its place the word * * * * * 19 CFR Part 111 ‘‘must’’, and; in the second sentence, by Administrative practice and PART 113—CUSTOMS BONDS removing the word ‘‘shall’’ and adding procedure, Brokers, Customs duties and in its place the word ‘‘will’’; inspection, Imports, Licensing, ■ 3. The general authority citation for ■ c. Paragraph (d) is amended by Reporting and recordkeeping part 113 continues to read as follows: removing the word ‘‘shall’’ each place requirements. that it appears and adding the word Authority: 19 U.S.C. 66, 1623, 1624. ‘‘must’’, and by removing the words 19 CFR Part 113 * * * * * ‘‘Customs Form’’ each place they appear Customs duties and inspection, § 113.62 [Amended] and adding the words ‘‘CBP Form’’; Imports, Reporting and recordkeeping ■ d. Paragraph (e) is amended: requirements, Surety bonds. ■ 4. In § 113.62, paragraph (k)(1) is ■ i. In paragraphs (e)(1) through (e)(3), amended by removing the reference by removing the word ‘‘shall’’ each 19 CFR Part 141 ,‘‘ subpart D,’’ and by removing the place that it appears and adding the Customs duties and inspection, Entry words ‘‘that subpart’’ and adding in word ‘‘must’’, and by removing the of merchandise, Invoices, Release of their place the words, ‘‘part 143’’. words ‘‘Customs Form’’ each place they

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appear and adding the words ‘‘CBP must be certified (see §§ 143.35 and (2) Pages. Except when electronic Form’’; 143.44 of this chapter) by the importer invoice data are transmitted to CBP ■ ii. In paragraph (e)(4), by removing the of record or his duly authorized customs under the provisions of part 143 of this word ‘‘shall’’ and adding in its place the broker as being true and correct to the chapter, if the invoice or invoices filed word ‘‘will’’ and by removing the word best of his knowledge. The importer of with one entry consist of more than two ‘‘Customs’’ and adding in its place the record, customs broker, or a duly pages, each page must be numbered term ‘‘CBP’’; and authorized agent must be resident in the consecutively by the importer on the ■ iii. In paragraph (e)(5), by removing United States for purposes of receiving bottom of the face of each page, with the the word ‘‘shall’’ and adding in its place service of process. A certified electronic page numbering beginning with No. 1 the word ‘‘will’’; and transmission is binding in the same for the first page of the first invoice and ■ e. Paragraph (f) is amended: manner and to the same extent as a continuing in a single series of numbers ■ i. In paragraph (f)(1), by removing the signed document. through all the invoices and word ‘‘shall’’ and adding in its place the (b) Marks and numbers previously attachments included in one entry. word ‘‘must’’; in paragraph (f)(1)(iv), by provided. An importer may omit from (3) Both invoices and pages. Except removing, in the second sentence, the entry summary (CBP Form 7501) the when electronic invoice data are words ‘‘shall represent’’ and adding in marks and numbers previously provided transmitted to CBP under the provisions their place the words ‘‘must represent’’; for packages released or withdrawn. of part 143 of this chapter, both the and, in the third sentence, by removing * * * * * invoice number and the page number the word ‘‘shall’’ and adding in its place must be shown at the bottom of each the word ‘‘must’’ and by removing the § 141.63 [Amended] page when applicable. For example, an word ‘‘Customs’’ each place that it ■ 8. In § 141.63: entry covering one invoice of one page appears and adding the term ‘‘CBP’’; a. Paragraphs (a)(2) and (b) are and a second invoice of two pages must ■ ii. In paragraph (f)(2)(i), by removing amended by removing the word ‘‘shall’’ be paginated as follows: the word ‘‘shall’’ each place that it each place that it appears and adding Inv. 1, p. 1. appears and adding the word ‘‘must’’ the word ‘‘will’’; and Inv. 2, p. 2. and by removing the word ‘‘Customs’’ b. Paragraph (c) is removed. Inv. 2, p. 3 and adding in its place the term ‘‘CBP’’; ■ iii. In paragraph (f)(2)(ii), by § 141.68 [Amended] * * * * * removing, in the first sentence, the word ■ 9. In § 141.68: ■ 11. In § 141.90: ‘‘shall’’ and adding in its place the word ■ a. Paragraphs (a) through (e), (g), and ■ a. Paragraph (b) is revised; ‘‘must’’, by removing in the second (h) are amended by removing the word ■ b. Paragraph (c) is amended by sentence the words ‘‘shall represent’’ ‘‘shall’’ each place that it appears and removing the word ‘‘shall’’ each place and adding in their place the words adding the word ‘‘will’’; and that it appears and adding the word ‘‘must represent’’; and, in the third ■ b. Paragraphs (a), (d), and (f) through ‘‘must’’ in its place; and sentence, by removing the word ‘‘shall’’ (h) are amended by removing the word ■ c. Paragraph (d) is revised. and adding in its place the word ‘‘Customs’’ each place that it appears The revisions read as follows: ‘‘must’’; and, in paragraphs (f)(2)(iii) and and adding the term ‘‘CBP’’. § 141.90 Notation of tariff classification (f)(2)(iv), by removing the word ‘‘shall’’ ■ 10. In § 141.86: and value on invoice. each place that it appears and adding ■ a. Paragraphs (a) through (e) are * * * * * the word ‘‘must’’. amended by removing the word ‘‘shall’’ (b) Classification and rate of duty. The revision reads as follows: each place that it appears and adding The importer or customs broker must the word ‘‘must’’; § 141.61 Completion of entry and entry ■ include on the invoice or with the summary documentation. b. Paragraph (f) is amended by removing the word ‘‘shall’’ and adding invoice data the appropriate subheading (a) Preparation—(1) Paper entry and in its place the word ‘‘must’’, and by under the provisions of the Harmonized entry summary documentation. Except removing the word ‘‘Customs’’ and Tariff Schedule of the United States (19 when entry and entry summary adding in its place the term ‘‘CBP’’; U.S.C. 1202) and the rate of duty for the documentation is filed with CBP ■ c. Paragraph (g) is amended by merchandise being entered. Except electronically pursuant to the provisions removing the word ‘‘shall’’ and adding when invoice line data are linked to an of part 143 of this chapter: in its place the word ‘‘must’’; entry summary line and transmitted to (i) Such documentation must be ■ d. Paragraph (h) is revised; and CBP electronically under the provisions prepared on a typewriter (keyboard), or ■ e. Paragraph (j) is amended by of part 143, that information must be with ink, indelible pencil, or other removing the word ‘‘shall’’ and adding noted by the importer or customs broker permanent medium, and all copies must in its place the word ‘‘must’’. in the left-hand portion of the invoice, be legible; The revisions read as follows: next to the articles to which they apply. (ii) The entry summary must be * * * * * signed by the importer (see § 101.1 of § 141.86 Contents of invoices and general requirements. (d) Importer’s notations in blue or this chapter); and black ink. Except when invoice line data (iii) Entries, entry summaries, and * * * * * are linked to an entry summary line and accompanying documentation must be (h) Numbering of invoices and pages. transmitted to CBP electronically under on the appropriate forms specified by (1) Invoices. Except when electronic the provisions of part 143, all notations the regulations and must clearly set invoice data are transmitted to CBP made on the invoice by the importer or forth all required information. under the provisions of part 143 of this customs broker must be in blue or black (2) Electronic entry and entry chapter, when more than one invoice is ink. summary documentation. Entry and included in the same entry, each invoice entry summary documentation that is with its attachments must be numbered PART 142—ENTRY PROCESS filed electronically pursuant to part 143 consecutively by the importer on the of this chapter must contain the bottom of the face of each page, ■ 12. The authority citation for part 142 information required by this section and beginning with No. 1. continues to read as follows:

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Authority: 19 U.S.C. 66, 1448, 1484, 1624. part 141 of this chapter. More specific (i) Electronic entry. ‘‘Electronic entry’’ ■ 13. In § 142.3: requirements and procedures are set means the electronic transmission to ■ a. Paragraph (a) is amended by: forth elsewhere in this chapter; for CBP of: ■ i. Removing in the introductory example, part 145 concerns (1) Entry information required for the sentence the word ‘‘shall’’ and adding in importations by mail and part 10 entry of merchandise; and its place the word ‘‘must’’; concerns merchandise conditionally (2) Entry summary information ■ ii. By removing in paragraph (a)(1) the free of duty or subject to a reduced rate. required for the classification and word ‘‘Customs’’ each place that it ■ 16. In § 143.32, the introductory text appraisement of the merchandise, the appears and adding the term ‘‘CBP’’ and and paragraphs (a), (b), (d) through (k), verification of statistical information, by removing the word ‘‘shall’’ and and the first sentence of paragraph (o) and the determination of compliance adding in its place the word ‘‘must’’; are revised to read as follows: with applicable law. ■ (j) Electronic immediate delivery. iii. By removing in paragraph (a)(5) § 143.32 Definitions. the word ‘‘Customs’’ and adding in its ‘‘Electronic immediate delivery’’ means The following are definitions for place the term ‘‘CBP’’; the electronic transmission of CBP purposes of subparts D and E of this ■ iv. By removing in paragraph (a)(6) the Forms 3461 or 3461 alternate (CBP Form part: 3461 ALT) data utilizing ACS in order word ‘‘shall’’ and adding in its place the (a) ABI. ‘‘ABI’’ means the Automated word ‘‘must’’ and by removing the term to obtain the release of goods under Broker Interface and refers to a module immediate delivery. ‘‘CF’’ and adding in its place the words of ACS that allows entry filers to ‘‘CBP Form’’; (k) Electronic Invoice Program (EIP). ■ transmit immediate delivery, entry and ‘‘EIP’’ refers to modules of the b. Paragraph (b) is revised; and entry summary data electronically to ■ c. A new paragraph (d) is added. Automated Broker Interface (ABI) that CBP through ACS and to receive The revision and addition read as allow entry filers to transmit detailed transmissions from ACS. follows: invoice data and includes Automated (b) ACS. ‘‘ACS’’ means the Automated Invoice Interface (AII) and any other § 142.3 Entry documentation required. Commercial System and refers to CBP’s electronic invoice authorized by CBP. * * * * * integrated comprehensive tracking * * * * * (b) Entry summary filed at time of system for the acquisition, processing (o) Selectivity criteria. ‘‘Selectivity entry. When the entry summary is filed and distribution of import data. criteria’’ means the categories of at time of entry in accordance with * * * * * information that guide CBP’s judgment § 142.12(a)(1) or § 142.13: (d) Broker. ‘‘Broker’’ means a customs in evaluating and assessing the risk of (1) CBP Form 3461 or 7533 will not broker licensed under part 111 of this an immediate delivery, entry, or entry be required; and chapter. summary transaction. * * * (e) Certification. ‘‘Certification’’ (2) CBP Form 7501 or CBP Form 3311 * * * * * means the electronic equivalent of a (as appropriate, see § 142.11) may serve ■ 17. Part 143 is amended by adding a as both the entry and the entry summary signature for data transmitted through ABI. This electronic (facsimile) new subpart E, consisting of §§ 143.41 documentation if the additional through 143.45, to read as follows: documentation set forth in paragraphs signature must be transmitted as part of (a)(2), (3), (4) and (5) of this section and the immediate delivery, entry or entry Subpart E—Remote Location Filing § 142.16(b) is filed. summary data. Such data are referred to Sec. as ‘‘certified’’. 143.41 Applicability. * * * * * (f) Data. ‘‘Data’’ when used in (d) Electronic Format. The entry 143.42 Definitions. conjunction with immediate delivery, 143.43 RLF eligibility criteria. documentation identified in this section entry and/or entry summary means the 143.44 RLF procedure. may be submitted to CBP in either a information required to be submitted 143.45 Filing of additional entry paper or, where appropriate, an with the immediate delivery, entry and/ information. electronic format. or entry summary, respectively, in Subpart E—Remote Location Filing PART 143—SPECIAL ENTRY accordance with the CATAIR (CBP PROCEDURES Publication 552, Customs and Trade § 143.41 Applicability. Automated Interface Requirements) This subpart sets forth the general ■ 14. The authority citation for part 143 and/or CBP Headquarters directives. It requirements and procedures for is revised to read as follows: does not mean the actual paper Remote Location Filing (RLF). RLF Authority: 19 U.S.C. 66, 1414, 1481, 1484, documents, but includes all of the entries are subject to the documentation, 1498, 1624, 1641. information required to be in such document retention and document documents. retrieval requirements of this chapter as ■ 15. Section 143.0 is revised to read as (g) Documentation. ‘‘Documentation’’ well as the general entry requirements follows: when used in conjunction with of parts 141, 142 and 143 of this immediate delivery, entry and/or entry chapter. Participation in the RLF § 143.0 Scope. summary means the documents set forth program is voluntary and at the option This part sets forth the requirements in § 142.3 of this chapter, required to be of the filer. and procedures for participation in the submitted as part of an application for Automated Broker Interface (ABI), for immediate delivery, entry and/or entry § 143.42 Definitions. the clearance of imported merchandise summary, but does not include the CBP The following definitions, in addition under appraisement and informal Forms 7501, 3461 (or alternative forms). to the definitions set forth in § 143.32 of entries, and under electronic entry filing (h) EDIFACT. ‘‘EDIFACT’’ means the this part, apply for purposes of this and under Remote Location Filing Electronic Data Interchange for subpart E: (RLF). All requirements and procedures Administration, Commerce and (a) Remote Location Filing (RLF)— set forth in this part are in addition to Transport that provides an electronic ‘‘RLF’’ is an elective method of making the general requirements and capability to transmit detailed CBP entry by which a customs broker with procedures for all entries set forth in Forms 7501 and 3461, and invoice data. a national permit electronically

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transmits all data information associated trade/trade_programs/ DEPARTMENT OF THE TREASURY with an entry that CBP can process in remote_location_filing/. Internal Revenue Service a completely electronic data interchange (d) Combined electronic entry and system to a RLF-operational CBP entry summary. For RLF transactions 26 CFR Part 1 location from a remote location other using a combined electronic entry and than where the goods are being entered. entry summary, a customs broker must [TD 9477] (Importers filing on their own behalf submit to CBP, through ABI or any other may file electronically in any port, RIN 1545–BI14 subject to ABI filing requirements.) electronic interface authorized by CBP, a complete and error-free electronic data Use of Controlled Corporations To (b) RLF-operational CBP location— Avoid the Application of Section 304 ‘‘RLF-operational CBP location’’ means transmission constituting the entry summary that serves as both the entry a CBP location within the customs AGENCY: Internal Revenue Service (IRS), territory of the United States that is and entry summary. Treasury. staffed with CBP personnel who have (e) No line release or immediate ACTION: Final and temporary been trained in RLF procedures and delivery entries permitted under RLF. regulations. who have operational experience with Line release (see 19 CFR, Part 142, the Electronic Invoice Program (EIP). Subpart D) or immediate delivery SUMMARY: This document contains final EIP is defined in § 143.32 of this procedures may not be combined with and temporary regulations under section chapter. A list of all RLF-operational RLF transactions. 304 of the Internal Revenue Code locations is available for viewing on the (Code). The regulations apply to certain (f) Data acceptance and release of CBP Internet Web site located at transactions that are subject to section merchandise. Data that are complete http://www.cbp.gov/xp/cgov/trade/ 304 but that are entered into with a trade_programs/remote_location_filing/. and error free will be accepted by CBP. principal purpose of avoiding the If electronic invoice or additional application of section 304 to a § 143.43 RLF eligibility criteria. electronic documentation is required, corporation that is controlled by the (a) Automation criteria. To be eligible CBP will so notify the RLF filer. If no issuing corporation in the transaction, for RLF, a licensed customs broker or documentation is required to be filed, or with a principal purpose of avoiding importer of record must be: CBP will so notify the RLF filer. If CBP the application of section 304 to a (1) Operational on the ABI (see 19 accepts the RLF entry (including invoice corporation that controls the acquiring CFR part 143, subpart A); data) under §§ 143.34 through 143.36 of corporation in the transaction. The (2) Operational on the EIP prior to this part, the RLF entry will be deemed regulations affect persons treated as applying for RLF; and to satisfy all filing requirements under receiving distributions in redemption of (3) Operational on the ACH (or any this part and the merchandise may be stock by reason of section 304. The text other CBP-approved method of released. of the temporary regulations serves as the text of the proposed regulations in electronic payment), for purposes of (g) Liquidation. The entry summary the notice of proposed rulemaking on directing the electronic payment of will be scheduled for liquidation once this subject published in the Proposed duties, taxes and fees (see 19 CFR payment is made under statement Rules section of this issue of the Federal 24.25), 30 days before transmitting a processing (see 19 CFR 24.25). RLF entry. Register. (b) Broker must have national permit. § 143.45 Filing of additional entry DATES: Effective Date: These regulations To be eligible for RLF, a licensed information. are effective on December 30, 2009. customs broker must hold a valid Applicability Date: These regulations When filing from a remote location, a national permit (see 19 CFR 111.19(f)). apply to acquisitions of stock occurring RLF filer must electronically file all (c) Continuous bond. A RLF entry on or after December 29, 2009. additional information required by CBP must be secured with a continuous FOR FURTHER INFORMATION CONTACT: bond. to be presented with the entry and entry Sean W. Mullaney, (202) 622–3860 (not summary information (including a toll-free number). § 143.44 RLF procedure. facsimile transmissions) that CBP can SUPPLEMENTARY INFORMATION: (a) Electronic transmission of invoice accept electronically. If CBP cannot data. For RLF transactions, a customs accept additional information Background broker or importer of record must electronically, the RLF filer must file the This document contains amendments transmit electronically, using EIP, any additional information in a paper format to 26 CFR part 1 under section 304 of invoice data required by CBP. at the CBP port of entry where the goods the Code. Section 304(a)(1) provides (b) Electronic transmission of arrived. generally that, for purposes of sections payment. For RLF transactions, a Approved: December 22, 2009. 302 and 303, if one or more persons are customs broker or importer of record in control of each of two corporations Jayson P. Ahern, must direct the electronic payment of and one such corporation (acquiring duties, taxes and fees through the ACH Acting Commissioner, U.S. Customs and corporation) acquires in exchange for (see 19 CFR 24.25) or any other method Border Protection. property stock of the other corporation of electronic payment authorized by Timothy E. Skud, (issuing corporation) from the person (or CBP. Deputy Assistant Secretary of the Treasury. persons) so in control, then, unless (c) Automation requirements. Only [FR Doc. E9–30736 Filed 12–29–09; 8:45 am] section 304(a)(2) applies, the property those entries and entry summaries that BILLING CODE 9111–14–P shall be treated as received in CBP processes completely in an redemption of the stock of the acquiring electronic data interchange system will corporation. Section 304(a)(2) provides be accepted for RLF. For a listing of generally that, for purposes of sections entry types that may be filed via RLF, 302 and 303, if in exchange for property go to http://www.cbp.gov/xp/cgov/ the acquiring corporation acquires stock

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of the issuing corporation from a example, a domestic corporation (USP) and the Treasury Department do not shareholder of the issuing corporation wholly owns two foreign corporations view this modification as a substantive and the issuing corporation controls the (F1 and F2). The basis and fair market change. acquiring corporation, then the value of the F1 stock is $100×. F1 does Finally, and as noted above, current shareholder shall be treated as receiving not have positive earnings and profits § 1.304–4T applies if one of the the property in redemption of the stock (or its earnings and profits for purposes principal purposes for creating, of the issuing corporation. For purposes of section 304(b)(2) are limited by organizing, or funding the acquiring of section 304, control means the section 304(b)(5)) but has at least $100× corporation, through capital ownership of stock possessing at least cash. The basis and fair market value of contributions or debt, is to avoid the 50 percent of the total combined voting the F2 stock is $100× and F2 has application of section 304 to the deemed power of all classes of voting stock or earnings and profits of at least $100×. acquiring corporation. The regulations at least 50 percent of the total value of USP forms a new foreign corporation included in this document clarify that shares of all classes of stock. With (F3) and contributes the stock of F2 to this rule may apply in cases where the certain modifications, the constructive F3 in exchange for F3 stock. In a funding is from an unrelated party. For ownership rules of section 318 apply for transaction subject to section 304(a)(1), example, the regulations may apply this purpose. USP then transfers the stock of F3 to F1 when the deemed acquiring corporation × Under section 304(b)(2), the in exchange for $100 cash. Because facilitates the repayment of an determination of the amount of the neither F1 (the acquiring corporation) obligation incurred by the acquiring property distribution that is a dividend nor F3 (the issuing corporation) has corporation (even if such obligation is (and the source thereof) is made as if the positive earnings and profits, USP with respect to a borrowing from an property were distributed by the reports the $100x cash received in unrelated party) to acquire the stock of acquiring corporation to the extent of its redemption of the shares deemed issued the issuing corporation. earnings and profits, and then by the by F1 under section 304(a)(1) as a return issuing corporation to the extent of its of basis under section 301(c)(2). D. Effective/Applicability Dates earnings and profits. If the acquiring B. Anti-Avoidance Rule Applicable to The regulations apply to acquisitions corporation is foreign, section 304(b)(5) Deemed Issuing Corporations occurring on or after December 29, 2009. limits the amount of earnings and The IRS and Treasury Department No inference is intended as to the profits of the acquiring corporation that potential applicability of other Code or are taken into account for this purpose. believe that an anti-avoidance rule similar to § 1.304–4T, but that applies in regulatory provisions or judicial As part of a broad set of anti- doctrines (including step transaction or avoidance rules published in the the case of a transaction entered into with a principal purpose of avoiding the substance over form) to transactions Federal Register on June 14, 1988 (TD described in the regulations. 8209) the IRS and the Treasury treatment of a corporation as the issuing Department promulgated § 1.304–4T to corporation is appropriate for Special Analyses transactions such as the one described address transactions that are subject to It has been determined that this section 304 but that are entered into above. Accordingly, the regulations amend § 1.304–4T to provide that for Treasury decision is not a significant with a principal purpose of avoiding the regulatory action as defined in application of section 304 to certain purposes of determining the amount of a property distribution that is a Executive Order 12866. Therefore, a corporations. Specifically, for purposes regulatory assessment is not required. It of determining the amount of a property dividend (and the source thereof) under section 304(b)(2), the acquiring has also been determined that section distribution constituting a dividend 553(b) and (d) of the Administrative (and the source thereof) under section corporation shall be treated as acquiring for property the stock of a corporation Procedure Act (5 U.S.C. chapter 5) do 304(b)(2), the District Director (now not apply to these regulations. For known as the Director of Field (deemed issuing corporation) that is controlled by the issuing corporation, if, applicability of the Regulatory Operations) is permitted to consider a Flexibility Act (5 U.S.C. chapter 6), refer corporation (deemed acquiring in connection with the acquisition for property of stock of the issuing to the Special Analyses section of the corporation) as having acquired for preamble and to the cross-referenced property the stock of the issuing corporation by the acquiring corporation, the issuing corporation notice of proposed rulemaking corporation that is in fact acquired for published elsewhere in this issue of the property by the acquiring corporation, if acquired stock of the deemed issuing corporation with a principal purpose of Federal Register. Pursuant to section the deemed acquiring corporation 7805(f) of the Code, these regulations controls the acquiring corporation and if avoiding the application of section 304 to the deemed issuing corporation. have been submitted to the Chief one of the principal purposes for Counsel for Advocacy of the Small creating, organizing, or funding the C. Modifications to Current § 1.304–4T Business Administration for comment acquiring corporation (through capital Current § 1.304–4T applies at the on its impact on small business. contributions or debt) is to avoid the discretion of the District Director. The Drafting Information application of section 304 to the deemed IRS and the Treasury Department acquiring corporation. believe the anti-avoidance rule of The principal author of the Explanation of the Provisions current § 1.304–4T should be self- regulations is Sean W. Mullaney of the executing. Thus, current § 1.304–4T is Office of Associate Chief Counsel A. Transactions at Issue amended accordingly. (International). However, other The IRS and Treasury Department Current § 1.304–4T applies when personnel from the IRS and the Treasury have become aware of certain ‘‘one of the principal purposes’’ for the Department participated in their transactions that are subject to section transaction is to avoid the application of development. 304 but that are entered into with a section 304. The regulations included in List of Subjects in 26 CFR Part 1 principal purpose of avoiding the this document apply when ‘‘a principal treatment of a corporation as the issuing purpose’’ for the transaction is to avoid Income taxes, Reporting and corporation. In one such transaction, for the application of section 304. The IRS recordkeeping requirements.

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Amendments to the Regulations to the deemed issuing corporation. See earnings and profits of CFC1, to which paragraph (c) Example 2 of this section section 301(c)(1) applies. ■ Accordingly, 26 CFR part 1 is for an illustration of this paragraph. (d) Effective/applicability date. This amended as follows: (c) Examples. The rules of this section section applies to acquisitions of stock PART 1—INCOME TAXES are illustrated by the following occurring on or after December 29, 2009. examples: See § 1.304–4T, as contained in 26 CFR ■ Paragraph 1. The authority citation Example 1. (i) Facts. P, a domestic part 1 revised as of April 1, 2008, for for part 1 is amended by adding an entry corporation, wholly owns CFC1, a controlled acquisitions of stock occurring on or in numerical order to read in part as foreign corporation with substantial after June 14, 1988, and before follows: accumulated earnings and profits. CFC1 is December 29, 2009. organized in Country X, which imposes a Authority: 26 U.S.C. 7805 * * * (e) Expiration date. This section high rate of tax on the income of CFC1. P also expires on or before December 31, 2012. ■ Par. 2. Section 1.304–4 is added to wholly owns CFC2, a controlled foreign read as follows: corporation with accumulated earnings and Linda E. Stiff, × profits of $200 . CFC2 is organized in Deputy Commissioner for Services and § 1.304–4 Special rule for the use of Country Y, which imposes a low rate of tax Enforcement. related corporations to avoid the on the income of CFC2. P wishes to own all Approved: December 18, 2009. application of section 304. of its foreign corporations in a direct chain [Reserved]. For further guidance, see and to repatriate the cash of CFC2. In order Michael F. Mundaca, § 1.304–4T(a) through (d). to avoid having to obtain Country X approval Acting Assistant Secretary of the Treasury ■ Par. 3. Section 1.304–4T is revised to for the acquisition of CFC1 (a Country X (Tax Policy). read as follows: corporation) by CFC2 (a Country Y [FR Doc. E9–30861 Filed 12–29–09; 8:45 am] corporation) and to avoid the dividend BILLING CODE 4830–01–P § 1.304–4T Special rule for the use of distribution from CFC2 to P that would result related corporations to avoid the if CFC2 were the acquiring corporation, P application of section 304 (temporary). causes CFC2 to form CFC3 in Country X and DEPARTMENT OF LABOR (a) Scope and purpose. This section to contribute $100x to CFC3. CFC3 then acquires all of the stock of CFC1 from P for applies to determine the amount of a $100×. Office of Labor-Management property distribution constituting a (ii) Result. Because a principal purpose for Standards dividend (and the source thereof) under creating, organizing or funding CFC3 section 304(b)(2), for certain (acquiring corporation) is to avoid the 29 CFR Parts 403 and 408 transactions involving controlled application of section 304 to CFC2 (deemed corporations. The purpose of this acquiring corporation), under paragraph RIN 1215–AB75 section is to prevent the avoidance of (b)(1) of this section, for purposes of × Trust Annual Reports the application of section 304 to a determining the amount of the $100 distribution constituting a dividend (and controlled corporation. AGENCY: Office of Labor-Management (b) Amount and source of dividend. source thereof) under section 304(b)(2), CFC2 shall be treated as acquiring the stock of Standards, Department of Labor. For purposes of determining the amount CFC1 (issuing corporation) from P for $100×. ACTION: Final rule; extending filing due constituting a dividend (and source As a result, P receives a $100× distribution, date. thereof) under section 304(b)(2), the out of the earnings and profits of CFC2, to following rules shall apply: which section 301(c)(1) applies. SUMMARY: This rule extends the filing (1) Deemed acquiring corporation. A Example 2. (i) Facts. P, a domestic due date of Form T–1 Trust Annual corporation (deemed acquiring corporation, wholly owns CFC1, a controlled Reports required to be filed during corporation) shall be treated as foreign corporation with substantial calendar year 2010. The Form T–1 is an accumulated earnings and profits. The CFC1 annual financial disclosure report acquiring for property the stock of a × corporation (issuing corporation) stock has a basis of $100 . CFC1 is organized required to be filed, pursuant to the in Country X. P also wholly owns CFC2, a Labor-Management Reporting and acquired for property by another controlled foreign corporation with zero corporation (acquiring corporation) that accumulated earnings and profits. CFC2 is Disclosure Act (LMRDA), by labor is controlled by the deemed acquiring organized in Country Y. P wishes to own all unions with total annual receipts of corporation, if a principal purpose for of its foreign corporations in a direct chain $250,000 or more about certain trusts in creating, organizing, or funding the and to repatriate the cash of CFC2. In order which they are interested. Labor unions acquiring corporation by any means to avoid having to obtain Country X approval are required to use the Form T–1 to (including, through capital for the acquisition of CFC1 (a Country X disclose financial information about contributions or debt) is to avoid the corporation) by CFC2 (a Country Y these trusts, such as assets, liabilities, application of section 304 to the deemed corporation) and to avoid a dividend receipts, and disbursements. The distribution from CFC1 to P, P forms a new Department established the Form T–1 in acquiring corporation. See paragraph (c) corporation (CFC3) in Country X and Example 1 of this section for an transfers the stock of CFC1 to CFC3 in a final rule published October 2, 2008, illustration of this paragraph. exchange for CFC3 stock. P then transfers the with an effective date of January 1, (2) Deemed issuing corporation. The stock of CFC3 to CFC2 in exchange for $100×. 2009. Subsequently, the Department acquiring corporation shall be treated as (ii) Result. Because a principal purpose for announced its intention to propose acquiring for property the stock of a the transfer of the stock of CFC1 (deemed withdrawal of the Form T–1 (Spring corporation (deemed issuing issuing corporation) by P to CFC3 (issuing 2009 Regulatory Agenda, Fall 2009 corporation) controlled by the issuing corporation) is to avoid the application of Regulatory Agenda). The Department corporation if, in connection with the section 304 to CFC1, under paragraph (b)(2) also held a public meeting on July 21, acquisition for property of stock of the of this section, for purposes of determining 2009, and received comments from the amount of the $100x distribution issuing corporation by the acquiring constituting a dividend (and source thereof) interested parties concerning provisions corporation, the issuing corporation under section 304(b)(2), CFC2 (acquiring of the Form T–1 and its proposed acquired stock of the deemed issuing corporation) shall be treated as acquiring the rescission. On December 3, 2009, the corporation with a principal purpose of stock of CFC1 from P for $100× . As a result, Department published a Notice of avoiding the application of section 304 P receives a $100× distribution, out of the Proposed Rulemaking proposing to

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extend for one year Form T–1 reports the members of the trust’s governing in 2010, pending review and due in calendar year 2010, pending the board or the labor union’s contribution consideration of comments on the completion of a rulemaking proposing to the trust, alone or in combination proposal to rescind. Extension of the to withdraw the October 2, 2008 Form with other labor unions, represents filing due dates delays or eliminates the T–1 rule. In consideration of comments more than 50% of the trust’s receipts. first year recurring and nonrecurring received, the Department now extends Contributions by an employer under a burdens on labor organizations for one calendar year the filing due date collective bargaining agreement are associated with the Form T–1 reporting of the Form T–1 reports otherwise considered contributions by the labor requirements pending the outcome of required to be filed during 2010. union. the proposed withdrawal. Without this DATES: Effective December 30, 2009. The Form T–1 rule also provides that extension of the filing dates, many This rule extends for one calendar year unions will not be required to file a affected labor organizations likely will the filing due dates for Form T–1 reports Form T–1 under certain circumstances, incur the reporting costs and burdens required to be filed during calendar year such as when the trust is a political associated with filing the form, 2010. Form T–1 reports that otherwise action committee, if publicly available including the nonrecurring first year would be due in 2010 will be filed in reports on the committee are filed with costs and burdens associated with 2011. This rule does not extend the appropriate federal or state agencies; implementing changes to the reporting filing due date of any Form T–1 report when an independent audit has been systems necessary for completion of the due during calendar year 2011 or conducted for the trust, in accordance Form T–1. Specifically, the October 2, beyond. with standards set forth in the final rule; 2008 rule estimated that unions would or when the trust is required to file a FOR FURTHER INFORMATION CONTACT: incur 41.20 hours in reporting burden Form 5500 with the Employee Benefits per Form T–1 filed during the first year Denise M. Boucher, Director, Office of Security Administration (EBSA). Policy, Reports and Disclosure, Office of of the rule’s implementation, for a total The Form T–1 final rule took effect on first year reporting burden of 128,978.11 Labor-Management Standards, U.S. January 1, 2009. Filing due dates Department of Labor, 200 Constitution hours. The estimated reporting cost per depend on the fiscal year ending dates form filed in the first year is $1,632.41, Avenue, NW., Room N–5609, of both the reporting union and the trust Washington, DC 20210, (202) 693–0123 and the estimated reporting cost in the being reported. The fiscal year of both first year for all projected Form T–1 (this is not a toll-free number), (800) the labor union and its trust must begin 877–8339 (TTY/TDD). filings is $5,110,324.80. The Department on or after January 1, 2009, for a Form notes that the first year burden is higher SUPPLEMENTARY INFORMATION: T–1 report to be owed that fiscal year. than that in later years, which is I. Background and Overview The earliest Form T–1 reports would be estimated to be 28.28 hours per form required of unions that have, and whose filed and 88,542.01 hours total. 73 FR On October 2, 2008, the Department trusts have, a fiscal year start date of 57444–5. If the proposal to rescind the of Labor, Office of Labor-Management January 1, 2009. Reports are due within rule ultimately is effectuated, these Standards (OLMS), published a Final 90 days of the end of the union’s fiscal expenses, including upfront costs, will Rule establishing the Form T–1, Trust year. These first Form T–1 reports have been incurred unnecessarily. Annual Report. 73 FR 57411. The Form would therefore be due on or after T–1 is an annual financial disclosure January 1, 2010, but no later than March In its proposal, the Department noted report to be filed by labor unions about 31, 2010. that the extension of the filing dates for certain trusts in which they are In the Spring 2009 Regulatory Form T–1 reports due in 2010 would interested. For an organization or fund Agenda, the Department notified the not affect the filing due date of Form T– to be a labor union’s trust subject to public of its intent to initiate 1 reports owed in any subsequent year. Form T–1 reporting, it must be rulemaking proposing to rescind the The Department’s proposal did not established by the labor union or have Form T–1 and to require labor unions to extend the filing due date of any Form a governing body that includes at least report their wholly owned, wholly T–1 report that normally would be due one member appointed or selected by controlled, and wholly financed during calendar year 2011 or beyond. the labor union, and a primary purpose (‘‘subsidiary’’) organizations on their Further, in the event that the of the trust must be to provide benefits Form LM–2 or LM–3 reports. See Department determines to retain the to the members of the labor union or http://www.reginfo.gov/public/do/ Form T–1 rule, the initial Form T–1 their beneficiaries. Examples of such eAgendaViewRule?pubId= reports that would have been due trusts include building and 200904&RIN=1215-AB75. Additionally, during 2010 would be filed in 2011 in redevelopment corporations, the Department held a public meeting addition to any Form T–1 reports due in educational institutes, credit unions, on July 21, 2009, which allowed 2011. labor union and employer joint funds, interested parties to comment on any For the foregoing reasons, the and job targeting funds. Labor unions aspect of the Form T–1. Furthermore, Department proposed extending the currently are required to disclose the Department’s Fall 2009 Regulatory filing dates of Form T–1 reports due financial information about the trust, Agenda stated that such proposal to during calendar year 2010 and sought such as assets, liabilities, receipts and rescind would be published in January comments on the proposal. disbursements through use of Form 2010 (See http://www.reginfo.gov/ II. Comments on the Proposal and the T–1. public/do/eAgendaViewRule?pubId= Department’s Responses and Decision Labor unions with total annual 200910&RIN=1215-AB75). A draft receipts of $250,000 or more (those proposed rule to withdraw the October The Department received 128 required to file Form LM–2, Labor 2, 2008 Form T–1 rule is currently comments on this proposal. Of these, 15 Organization Annual Report) are under review by the Administration. supported the proposed extension and required to file the Form T–1 report. A In view of its plan to propose 111 opposed any changes to the Form labor union must file a Form T–1 report rescission of the Form T–1 Trust Annual T–1 reporting regime. Two additional for each trust where the labor union, Report, the Department proposed to comments addressed only the adequacy alone or in combination with other labor extend the filing due dates of Form T– of the ten day comment period. One unions, appoints or selects a majority of 1 reports that would otherwise be due comment was received after the

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comment period closed and was not As explained in the notice proposing reporting regimes. Thus, it stresses that considered. the extension of the Form T–1 filing due the union financial reporting Of the 111 comments submitted in dates, the October 2, 2008 rule requirements, such as the Form LM–2, opposition to any changes to the Form estimated that unions would incur 41.20 LM–3, and LM–4, remain in place. T–1 requirements, only one specifically hours in reporting burden per Form T– Further, the Form T–1 reporting addressed the Department’s rationale for 1 filed during the first year of the rule’s requirements remain in place, as well, the proposal to extend the Form T–1 implementation. The estimated pending the result of a proposal to filing due dates. The remainder reporting cost per form filed in the first rescind them, which the Department expressed only general opposition to year is $1,632.41, and the estimated anticipates will be published in January any changes to the Form T–1 reporting reporting cost in the first year for all 2010 for notice and comment regime, including rescission, and only projected Form T–1 filings is rulemaking. approximately ten of those comments $5,110,324.80. 73 FR 57444–5. If the Of the 15 comments supporting the included any reference to the proposed proposal to rescind the rule ultimately extension, 12 came from national or extension. is effectuated, these expenses, including international unions, two from The comment specifically opposing up front costs, will have been incurred federations of unions, and one from a the Department’s rationale for its unnecessarily. Furthermore, the certified public accounting (CPA) firm. proposal to extend the Form T–1 filing Department does not accept the These comments all offered support for due dates was submitted by a public argument that extending this reporting the Department’s justification for its policy group. The comment asserted eliminates ‘‘any meaningful’’ union proposal to extend the filing due dates that the Department’s rationale that an financial disclosure, as this rule only for Form T–1 for one year to avoid extension of the filing due date for 2010 extends Form T–1 reporting for one upfront reporting costs that would prove filers is necessary to prevent them from year. unnecessary if the Department unnecessarily incurring first year Each of the remaining 110 comments implemented a proposal to rescind the reporting burdens is flawed. It argued in opposition to the Department’s form. proposal was submitted by an With respect to these costs, one that an extensive amount of ‘‘lead time’’ individual expressing general national union stated that its is necessary to build new reporting opposition to any change in the Form accountants and financial specialists systems to ensure that receipts, T–1 reporting regime, including had estimated that start up costs needed disbursements, and other information rescission. Approximately ten of these to comply with the Form T–1 can be tracked from the first day the rule general comments referenced the requirements could be in ‘‘the tens of is in effect. The commenter claims that proposed extension. However, these thousands of dollars,’’ which would since the Form T–1 went into effect on references generally did not provide any likely be a one-time cost that, in its January 1, 2009, filers have had nearly substantive argument in response to the view, would not benefit the union a year to implement the necessary Department’s proposal. Rather, they members, trust beneficiaries, or the tracking systems and suggests that they asserted broadly that an extension of a public with any greater transparency or should have already incurred most of rule that may be rescinded would set a accountability, while costing the unions the costs imposed by the Form T–1 ‘‘bad precedent;’’ that more significant dues monies. Another requirements. Additionally, the public transparency was needed, not less; and national union stressed that the policy group stated that only those in that the burden on unions is worth the resources that would be used to the regulated community that did not disclosure. Comments in general implement these reporting requirements intend to comply with the reporting opposition also referenced or alluded to are union members’ dues. Another requirements would have failed to take such issues as President Obama’s national union compared the the steps needed to enable them to meet emphasis on transparency; suggestions implementation of the Form T–1 with the initial Form T–1 filing dates. The of political and special interest favor; the Form LM–2 changes, which required commenter also suggested that the opposition to government corruption; significant resources to create new Department is heading towards the general opposition to labor unions; and accounting systems, practices and elimination of ‘‘any meaningful general opposition to the President and procedures, new reporting systems for reporting of union finances.’’ the Administration’s economic policies. officers and staff, additional accounting The Department disagrees with the There were, in addition, other political personnel, new forms for internal use, public policy group’s assertion that an comments unrelated to the proposed and the purchase of additional extension in the deadline will not extension. The general opposition also equipment and software, all of which prevent unnecessary burden. As stated often compared union disclosure to are ongoing costs but higher in the first in the notice proposing the extension of reporting requirements for taxpayers, year. In the union’s experience, the the Form T–1 filing due dates, no filers the insurance industry, companies, and Form T–1 would add significant costs have yet incurred any reporting burden others; expressed support for union and burdens to those imposed by the and will not incur such burden until at financial disclosure and opposed any existing Form LM–2. least January 1, 2010, although calendar lessening of such disclosure; supported Several other comments discussed the year filers should have incurred much the need to combat union corruption; burden on trusts and the burden of of the recordkeeping burden for the and argued for the need for timely union coordination with the trusts to initial Form T–1 reports. 74 FR 63335, disclosure and time to evaluate the complete the Form T–1. One 63336 (Dec. 3, 2009). Since a reporting union disclosure requirements presently international union stated that the trusts labor organization must retrieve the data in place. would be required to reprogram their recorded for the entire fiscal year by the The Department reiterates that it is recordkeeping systems to comply, trust, and then must organize and report not assessing the merits of the Form T– which would be highly disruptive to the this data on the Form T–1, the union 1 in this rule extending the 2010 Form trusts and expensive for the unions. would initiate these steps upon T–1 filing due dates. The Department Further, according to this commenter, completion of the fiscal year, which for acknowledges and fully supports the unions would need to retain the earliest filers will not begin until importance of labor-management accountants and coordinate with the after December 31, 2009. transparency through the LMRDA trusts for reviewing the records and

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preparing the report and these start-up Form T–1 in 2010, pending rescission, The other federation of unions costs would be wasted if the Department it would unnecessarily waste its own similarly cited potential litigation did rescind the form. This union also resources and those of the courts. arising from the reporting requirements argued that no harm has occurred from Various national and international of the Form T–1. This federation also the repeated postponement of the Form unions that belong to this federation emphasized that labor organizations do T–1 caused by court decisions. submitted comments adopting or not have the information required to be Commenters also noted that the restating its comments, in whole or part. reported. The federation went on to note Department in the Spring 2009 Further, a number of unions advised of that although the trusts do have this Regulatory Agenda notified the public their support for the rescission of the information, they do not organize the of its intent to initiate rulemaking to Form T–1. Two international unions data in the manner that the Form T–1 rescind the 2008 Form T–1 rule and that commented that the Department may requires. The unions must reimburse the a notice of proposed rulemaking is now have underestimated the cost and trusts to assemble and provide them under review by the Administration burden associated with obtaining the with the necessary information, which, with an anticipated January 2010 necessary information from the trusts. citing the Department, requires publication date. One national union One of these commenters urged that any potentially unnecessary start-up costs. asserted that the rescission may take effort by union officials to complete the The federation argued that, given the place for some unions before their Form T–1 exposes the union and those current economic situation and the reports are even due, and an officials (but not the trust) to the ‘‘risk demand on labor organizations to international union emphasized the of civil and criminal liability’’ for failing further legitimate interests, it would be waste of government resources, as well, to obtain the necessary data from trusts, wasteful to mandate unions and trusts if the Department were to enforce the over which they may not have practical to comply with potentially unnecessary filing due dates in 2010 while at the or legal control. Further, this commenter reporting requirements. same time moving to rescind the form. claims, it is not clear what authority the The CPA firm that submitted One of the federations of unions Department has under the LMRDA to comments contended that the offered two additional arguments in retrieve the information from the trusts implementation of the Form T–1 would support of an extension. First, the on behalf of the unions. The union be a costly burden for unions, as many federation asserted that much of the commented that the Department has not of the firm’s union clients had not reporting and recordkeeping burden provided a ‘‘safe harbor’’ provision in established procedures to implement associated with the Form T–1 is actually the event that the trust fails to provide the filing of the form, nor have, to the borne by the trusts and not the reporting complete and accurate data by which a firm’s knowledge, the trusts established unions. Although the rule requires that Form T–1 can be filed. any procedures to capture and provide unions must reimburse the trusts for An international union offered similar data to the unions. The firm believes implementing recordkeeping systems comments to the above national union, that it would be ‘‘impractical’’ for the and transmitting the information to the with several additional points regarding Department to require unions to timely unions, the comment expressed doubt its view that the Department submit Form T–1 reports in 2010, and, that trusts would be willing to alter their underestimated the reporting burden on instead, that a one year extension would systems to implement the Form T–1 filers. In its view, these are errors that enable such entities to prepare for either reporting requirements, knowing that justify an extension even without a Form T–1 or, in the case rescission is the Department may effectuate its pending regulatory action to rescind the effectuated, to consolidate information intention to rescind the rule. rule. First, it argued that the itemization about wholly owned, wholly controlled, Furthermore, the federation anticipates and aggregation requirements of the and wholly financed organizations (i.e. conflict between the unions and trusts Form T–1 create tremendous burden not ‘‘subsidiary organizations’’) on their and difficulties for the Department in truly appreciated by the 2008 rule. Form LM–2.1 enforcement of the Form T–1 rule. The Second, it asserted that there is no The Department acknowledges trusts, according to the federation, will dollar threshold on the contribution of comments that suggest that many display resistance to changing their one union to a trust, which could result unions and trusts have not begun the systems for a possible one-time in unions filing Form T–1 reports for necessary steps needed to implement reporting requirement. This would put trusts that only have a small amount of the Form T–1 reporting and the unions in a difficult position, money derived from the union. Further, recordkeeping requirements. The according to the federation, because the it claims that, because there is no Department points out that unions Department indicated in the 2008 Form threshold on the size of the trust, unions should already have incurred much of T–1 rule that it expects union officials could be reporting on very small trusts. the recordkeeping burden imposed by to ‘‘take timely, reasonable, and good Third, and similarly to other comments, the 2008 Form T–1 rule, as this rule faith actions to obtain the necessary it stated that the union must identify the went into effect on January 1, 2009. information from section 3(l) trusts,’’ trusts for which a Form T–1 is required, Thus, unions and trusts should have put and that it could ‘‘assert a willful and which can be costly, and it must obtain into place the necessary systems to track knowing violation of the filing information from the third-party trust, trust transactions. However, the requirements’’ against the union and its over which it may not have any legal reporting burden has not yet been officials. 73 FR at 57432. control. Fourth, it claimed that the 2008 triggered for unions, and it would not be Second, the federation maintained rule overstated the benefits of the Form triggered until, at the earliest date, that enforcement of the Form T–1 in T–1 and downplayed any redundancy, January 1, 2010. Therefore, while 2010 will generate litigation challenging because multiple unions are required to today’s rule extends the 2010 filing due the rule itself. The federation believes file a report on the same trust, regardless that the 2008 Form T–1 rule suffers from of which union has a greater financial 1 The Department’s 2009 Spring and Fall the same flaws identified by the courts contribution or level of control over the Regulatory Agenda announced that a proposal to when striking down the two previous trust, and because trusts generally file rescind the Form T–1 would be accompanied by a proposal to instead return to reporting of subsidiary versions of the form. Thus, the the Internal Revenue Service (IRS) Form organizations that are wholly owned, controlled, federation concluded, if the Department 990, which provides financial and financed by a single labor organization to the went forth with enforcement of the transparency for these entities. Form LM–2.

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dates, to avoid the potentially Form T–1 filing due dates for one year, DEPARTMENT OF HOMELAND unnecessary and burdensome reporting not to rescind the Form T–1 rule or SECURITY costs that would otherwise be triggered otherwise make regulatory changes to for many Form T–1 reporting unions on the form, such as was the case with the Coast Guard January 1, 2010, the Department leaves regulations referenced in the requests in place, for 2010, the recordkeeping for an extended comment period. The 33 CFR Part 117 responsibilities imposed by the 2008 Department will provide a lengthier [Docket No. USCG–2009–1053] rule. comment period concerning any future Finally, four commenters claimed that proposal to rescind the Form T–1. The Drawbridge Operation Regulation; the Department did not provide for an Department believes that the ten-day Inner Harbor Navigational Canal, New adequate comment period. A public Orleans, LA policy group and a trade association comment period was sufficient for the made requests for an extension of the narrow purpose of reviewing the AGENCY: Coast Guard, DHS. period and two individual commenters proposal to extend the filing due dates, ACTION: Notice of temporary deviation opposing changes to the Form T–1 as the large number of comments from regulations. requirements addressed the issue demonstrates. Further, there is urgency generally, while also commenting on in providing for this extension, because SUMMARY: The Commander, Eighth other matters. The public policy group the first reports to be filed under the Coast Guard District, has issued a asked for a minimum extension of 140 Form T–1 rule would be due on or after temporary deviation from the regulation days and asserted that the Department January 1, 2010, and the Department governing the operation of the Danziger took almost a decade to develop the anticipates publication as early as lift span bridge across the Inner Harbor Form T–1, with great effort by January 2010 of a proposal to withdraw Navigational Canal, mile 3.1, at New personnel, and that a comment period of the Form T–1 rule. As such, there is Orleans, LA. The deviation is necessary only ten days on extending ‘‘the sufficient reason that the Department to remove and install the roller guide effective date’’ of the rule is not determined that a longer comment assemblies on the bridge. This deviation sufficient for those union members who period was not feasible in this case. allows the bridge to remain closed at would gain from the disclosure two different points of time during the provided by the Form T–1. The For the reasons stated above and in bridge repairs project. commenter stated that the Department light of the Department’s intention to DATES: This deviation is effective from has granted much longer comment propose the withdrawal of the Form T– 7 a.m. on January 16, 2010 through 7 periods for notices contemplating 1 rule as early as January 2010, the p.m. on January 30, 2010. Department has decided to extend for ‘‘regulatory changes to the annual ADDRESSES: Documents mentioned in financial reports.’’ In particular, the one year the filing due dates of Form T– this preamble as being available in the comment cited the 90-day extension 1 reports that otherwise must be filed docket are part of docket USCG–2009– granted during the recent Form LM–30 during calendar year 2010. In particular, 1053 and are available online by going rulemaking, after a request from two the Department acknowledges the to http://www.regulations.gov, inserting unions, for a total of 150 days. Further, evidence and experience described in USCG–2009–1053 in the ‘‘Keyword’’ the comment suggested that the those comments regarding the costs and box and then clicking ‘‘Search.’’ They Department has not adequately justified burdens associated with implementing are also available for inspection or the length of its comment period, new reporting requirements, copying at the Docket Management particularly in light of Executive Order particularly those created by the unique Facility (M–30), U.S. Department of (E.O.) 12866, sec. 6(a)(1), and the nature of the Form T–1, which Transportation, West Building Ground multiple regulatory actions currently mandates that trusts provide unions Floor, Room W12–140, 1200 New Jersey being undertaken by the with information about the former’s Avenue, SE., Washington, DC 20590, Administration. between 9 a.m. and 5 p.m., Monday The trade association requested an 80- transactions. The Department notes through Friday, except Federal holidays. day extension, arguing that the ten-day comments suggesting that enforcement period does not provide sufficient time of the filing due dates in 2010 could FOR FURTHER INFORMATION CONTACT: If for stakeholders to submit a meaningful lead to conflict between the unions and you have questions on this rule, call or response. The comment also addressed the trusts. Such conflict, as well as the e-mail Lindsey Middleton, Bridge past extensions that the Department has up front reporting costs and burdens, Administration Branch; telephone 504– granted, particularly concerning may be avoided by extending the 671–2128, e-mail ‘‘changes to the substance or filing calendar year 2010 filing due dates for [email protected]. If you instructions of labor organization one year, pending the outcome of a have questions on viewing the docket, financial reporting regulations,’’ such as proposal to rescind the 2008 Form T–1 call Renee V. Wright, Program Manager, the 90-day extension granted during the rule. The Department believes that a Docket Operations, telephone 202–366– Form LM–30 rulemaking mentioned by one-year extension of the Form T–1 9826. the public policy group, after two filing due dates is justified by a SUPPLEMENTARY INFORMATION: The stakeholder requests. The trade significant decrease in potentially Coastal Bridge Company, contracted by association also cited E.O. 12866, sec. unnecessary reporting burden, Louisiana Department of Transportation 6(a)(1), which states, in part, that ‘‘in including up front costs. and Development, has requested a most cases’’ an agency should include a bridge closure for the Danziger Lift Span comment period of not less than 60 Andrew Auerbach, Bridge on Route US 90 crossing the days. Deputy Director, Office of Labor-Management Inner Harbor Navigational Canal, mile The Department finds that the Standards. 3.1, in New Orleans, LA. The vertical commenters have not established [FR Doc. E9–30942 Filed 12–29–09; 8:45 am] clearance of the bridge in the closed-to- grounds to extend the comment period. BILLING CODE 4510–CP–P navigation position is 50 feet above The Department reiterates that it sought mean high water and 55 feet above comments on a proposal to extend the mean low water. Currently, according to

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33 CFR 117.458(b), the draw of the US DEPARTMENT OF HOMELAND required by 33 CFR 117.189(b). This 90 (Danziger) bridge, mile 3.1, shall SECURITY deviation allows the bridge owner to open on signal; except that, from 8 p.m. operate the double leaf bascule bridge in to 7 a.m. the draw shall open on signal Coast Guard single leaf mode while securing one leaf if at least four hours notice is given, and of the drawspan in the closed-to- the draw need not be opened from 7 33 CFR Part 117 navigation position from 7 a.m. on a.m. to 8:30 a.m. and 5 p.m. to 6:30 p.m. [Docket No. USCG–2009–1059] December 11, 2009 to 7 a.m. on Monday through Friday. This deviation February 6, 2010. The Knights Landing Drawbridge allows the draw span of the bridge to Drawbridge Operation Regulation; provides 3 feet vertical clearance above remain closed-to-navigation for 12 Sacramento River, Knights Landing, CA the 100 year floodplain when closed consecutive hours between 7 a.m. and and unlimited vertical clearance in the 7 p.m. on intermittent days from AGENCY: Coast Guard, DHS. open-to-navigation position. The January 16, 2009 through January 30, ACTION: Notice of temporary deviation drawbridge provides 199 feet horizontal 2009. Uncontrollable variables such as from regulations. clearance between bridge piers. The inclement weather make it difficult to horizontal clearance provided by the predict the exact dates that work can be SUMMARY: The Commander, Eleventh drawbridge during single leaf operation conducted. Thus, the exact dates for the Coast Guard District, has issued a is reduced by approximately 100 feet closures cannot be firmly scheduled. temporary deviation from the regulation between the tip of the closed bascule Notices will be published in the Eighth governing the operation of the Knights and the opposite pier face. The vertical Coast Guard District Local Notice to Landing Drawbridge across the clearance will be unaffected. Mariners and will be broadcast via the Sacramento River, mile 90.1, at Knights No alternative routes are available for Coast Guard Broadcast Notice to Landing, CA. The deviation is necessary navigation. This temporary deviation Mariners System as soon as information to allow the bridge owner, California has been coordinated with all known Department of Transportation, to paint pertaining to the exact closure dates waterway users. No objections were portions of the drawbridge. This becomes available. During the deviation received concerning the temporary deviation allows the bridge owner to period seven new aerial cables between deviation. operate the double leaf bascule bridge in Vessels that can safely transit the the two bridge towers will be installed, single leaf mode during the deviation bridge, while in the closed-to-navigation the wiring for the roadway and period. position, may continue to do so at any navigation lighting will be replaced, and DATES: This deviation is effective from time. the guide rollers and span locks will be In accordance with 33 CFR 117.35(e), replaced. The closure periods are 7 a.m. on December 30, 2009 to 7 a.m. on February 6, 2010. the drawbridge must return to its regular necessary for the guide rollers and span operating schedule immediately at the ADDRESSES: Documents indicated in this locks to be replaced. During the non- end of the designated time period. This preamble as being available in the closure times of the deviation period the deviation from the operating regulations docket are part of docket USCG–2009– bridge will remain in the open position is authorized under 33 CFR 117.35. 1059 and are available online by going for vessel traffic. Navigation on the to http://www.regulations.gov, selecting Dated: December 14, 2009. waterway consists mainly of tugs with the Advanced Docket Search option on J.R. Castillo, tows. As a result of coordination the right side of the screen, inserting Rear Admiral, U.S. Coast Guard, Commander, between the Coast Guard and the USCG–2009–1059 in the Docket ID box, Eleventh Coast Guard District. waterway users, it has been determined pressing Enter, and then clicking on the [FR Doc. E9–30918 Filed 12–29–09; 8:45 am] that this closure will not have a item in the Docket ID column. This BILLING CODE 9110–04–P significant effect on these vessels. The material is also available for inspection Coast Guard will inform these users or copying at the Docket Management through the Local Notice to Mariners. Facility (M–30), U.S. Department of ENVIRONMENTAL PROTECTION Vessels will be allowed to pass Transportation, West Building Ground AGENCY underneath the bridge in the closed-to- Floor, Room W12–140, 1200 New Jersey navigation position. There are alternate Avenue, SE., Washington, DC 20590, 40 CFR Part 261 routes available to vessel traffic. The between 9 a.m. and 5 p.m., Monday [EPA–R05–RCRA–2009–0908; SW–FRL– bridge will not be able to open for through Friday, except Federal holidays. 9096–7] emergencies. FOR FURTHER INFORMATION CONTACT: If In accordance with 33 CFR 117.35(e), you have questions on this rule, call or Hazardous Waste Management the drawbridge must return to its regular e-mail David H. Sulouff, Chief, Bridge System; Exclusion for Identifying and Listing Hazardous Waste operating schedule immediately at the Section, Eleventh Coast Guard District, end of the designated time period. This telephone (510) 437–3516, e-mail AGENCY: Environmental Protection deviation from the operating regulations [email protected]. If you have Agency (EPA). questions on viewing the docket, call is authorized under 33 CFR 117.35. ACTION: Direct final rule. Renee V. Wright, Program Manager, Dated: December 14, 2009. Docket Operations, telephone 202–366– SUMMARY: The EPA (also, ‘‘the Agency’’ David M. Frank, 9826. or ‘‘we’’ in this preamble) is taking Bridge Administrator. SUPPLEMENTARY INFORMATION: California direct final action to grant a petition [FR Doc. E9–30931 Filed 12–29–09; 8:45 am] Department of Transportation requested submitted by Professional Plating, Inc. BILLING CODE 9110–04–P a temporary change to the operation of (PPI), in Brillion, Wisconsin to exclude the Knights Landing Drawbridge, mile (or ‘‘delist’’) up to 140 cubic yards of 90.1, Sacramento River, at Knights sludge per year generated by its Landing, CA. The draw opens on signal wastewater treatment plant from the list if at least 12 hours notice is given as of hazardous wastes.

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The Agency has decided to grant the www.regulations.gov your e-mail F. What Did EPA Conclude About PPI’s petition based on an evaluation of address will be automatically captured Waste? waste-specific information provided by and included as part of the comment G. Why Is EPA Using a Direct Final Rule? PPI. This decision conditionally that is placed in the public docket and IV. Conditions for Exclusion excludes the petitioned waste from the made available on the Internet. If you A. How Will PPI Manage the Waste If It Is Delisted? requirements of hazardous waste submit an electronic comment, EPA B. What Are the Maximum Allowable regulations under the Resource recommends that you include your Concentrations of Hazardous Conservation and Recovery Act (RCRA). name and other contact information in Constituents in the Waste? We conclude that PPI’s petitioned the body of your comment and with any C. How Frequently Must PPI Test the waste is nonhazardous with respect to disk or CD–ROM you submit. If EPA Waste? the original listing criteria and that there cannot read your comment due to D. What Data Must PPI Submit? are no other factors which would cause technical difficulties and cannot contact E. What Happens If PPI Fails To Meet the the waste to be hazardous when you for clarification, EPA may not be Conditions of the Exclusion? disposed of in a Subtitle D landfill able to consider your comment. F. What Must PPI Do If the Process which is permitted, licensed, or Electronic files should avoid the use of Changes? registered by a State to manage special characters, any form of V. How Would This Action Affect States? industrial solid waste. encryption, and be free of any defects or VI. Statutory and Executive Order Reviews DATES: This rule is effective on March 1, viruses. I. Overview Information 2010 without further notice, unless EPA Docket: All documents in the docket receives adverse comment by January are listed in the http:// The U.S. Environmental Protection 29, 2010. If EPA receives adverse www.regulations.gov index. Although Agency (EPA) is granting a petition comment, we will publish a timely listed in the index, some information submitted for the Professional Plating, withdrawal in the Federal Register may not be publicly available, e.g., CBI Incorporated (PPI) facility located in informing the public that the rule will or other information whose disclosure is Brillion, Wisconsin to exclude or delist not take effect. restricted by statute. Certain other an annual volume of 140 cubic yards of material, such as copyrighted material, F019 wastewater treatment sludges from ADDRESSES: Submit your comments, will be publicly available only in hard the lists of hazardous waste set forth in identified by Docket ID No. EPA–R05– copy. Publicly available docket Title 40 of the Code of Federal RCRA–2009–0908 by one of the materials are available either Regulations (40 CFR) 261.32 and 261.33. following methods: electronically in www.regulations.gov or PPI claims that the petitioned waste • http://www.regulations.gov: Follow in hard copy at the EPA Records Center, does not meet the criteria for which EPA the on-line instructions for submitting EPA Region 5, 7th Floor, 77 W. Jackson listed it, and that there are no additional comments. Blvd., Chicago, IL 60604. The EPA constituents or factors which could • Mail: Todd Ramaly, Land and Record Center is open from 8 a.m. to 4 cause the waste to be hazardous. Chemicals Division, (Mail Code: LR–8J), p.m., Monday through Friday, excluding EPA Region 5, 77 W. Jackson Blvd., Based on our review described in legal holidays. We recommend you Chicago, IL 60604. section III, we agree with the petitioner telephone Todd Ramaly at (312) 353– • Hand Delivery: Todd Ramaly, Land that the waste is nonhazardous. We 9317 before visiting the EPA Record and Chemicals Division, EPA Region 5, reviewed the description of the process Center. The public may copy material 8th Floor, 77 W. Jackson Blvd., Chicago, which generates the waste and the from the regulatory docket at $0.15 per IL 60604. Such deliveries are only analytical data submitted by PPI. We page. accepted during normal hours of believe that the petitioned waste does operation, and special arrangements FOR FURTHER INFORMATION CONTACT: not meet the criteria for which the waste should be made for deliveries of boxed Todd Ramaly, Land and Chemicals was listed, and that there are no other information. Please contact Todd Division, Mail Code LR–8J, factors which might cause the waste to Ramaly at (312) 353–9317. Environmental Protection Agency, EPA be hazardous. Region 5, 77 W. Jackson Blvd., Chicago, Instructions: Direct your comments to II. Background Docket ID No. EPA–R05–RCRA–2009– IL 60604; telephone number: (312) 353– 0908. EPA’s policy is that all comments 9317; fax number: (312) 582–5190; e- A. What Is a Listed Waste? received will be included in the public mail address: [email protected]. docket without change and may be SUPPLEMENTARY INFORMATION: The The EPA published an amended list made available online at http:// information in this section is organized of hazardous wastes from nonspecific www.regulations.gov, including any as follows: and specific sources on January 16, personal information provided, unless I. Overview Information 1981, as part of its final and interim the comment includes information II. Background final regulations implementing section claimed to be Confidential Business A. What Is a Listed Waste? 3001 of the Resource Conservation and Information (CBI) or other information B. What Is a Delisting Petition? Recovery Act (RCRA). The EPA has whose disclosure is restricted by statute. C. What Factors Must EPA Consider in amended this list several times and Deciding Whether To Grant a Delisting Do not submit information that you published it in 40 CFR 261.31 and Petition? 261.32. consider to be CBI or otherwise III. EPA’s Evaluation of the Waste protected through http:// Information and Data We list these wastes as hazardous www.regulations.gov or e-mail. The A. What Waste Did PPI Petition EPA To because: (1) they typically and http://www.regulations.gov Web site is Delist? frequently exhibit one or more of the an ‘‘anonymous access’’ system, which B. How Does PPI Generate the Waste? characteristics of hazardous wastes means EPA will not know your identity C. How Did PPI Sample and Analyze the identified in subpart C of part 261 (that Waste? or contact information unless you D. What Were the Results of PPI’s Analysis is, ignitability, corrosivity, reactivity, provide it in the body of your comment. of the Waste? and toxicity) or (2) they meet the criteria If you send an e-mail comment directly E. How Did EPA Evaluate the Risk of for listing contained in §§ 261.11(a)(2) to EPA without going through http:// Delisting This Waste? or (3).

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B. What Is a Delisting Petition? environment of any constituents once containing polymers, calcium chloride, Individual waste streams may vary released from the waste; (6) plausible and potassium chloride are added to depending on raw materials, industrial and specific types of management of the assist in precipitating wastewater processes, and other factors. Thus, petitioned waste; (7) the quantity of contaminants. A polyacrylamide while a waste described in these waste produced; and (8) waste anionic flocculant is added to gather the regulations generally is hazardous, a variability. coagulum into clumps large enough to specific waste from an individual EPA must also consider as hazardous settle at the bottom of a clarifier. The facility meeting the listing description wastes mixtures containing listed clarified water is discharged to the may not be. hazardous wastes and wastes derived sewer and the settled sludge is pumped A procedure to exclude or delist a from treating, storing, or disposing of to a sludge thickening tank and then waste is provided in 40 CFR 260.20 and listed hazardous waste. See 40 CFR through a plate and frame filter press. 260.22 which allows a person, or a 261.3(a)(2)(iv) and (c)(2)(i), called the Process vessels for both zinc facility to submit a petition to the EPA ‘‘mixture’’ and ‘‘derived-from’’ rules, phosphating lines (epoxy-coating and or to an authorized State, demonstrating respectively. Mixture and derived-from acrylic-coating) are periodically cleaned that a specific waste from a particular wastes are also eligible for exclusion but out with the resulting sludges also generating facility is not hazardous. remain hazardous until excluded. pressed by the plate and frame filter press dedicated to the F019 water In a delisting petition, the petitioner III. EPA’s Evaluation of the Waste treatment process. must show that a waste does not meet Information and Data any of the criteria for listed wastes in 40 C. How Did PPI Sample and Analyze the A. What Waste Did PPI Petition EPA To CFR 261.11 and that the waste does not Waste? exhibit any of the hazardous waste Delist? Six sludge samples were collected characteristics of ignitability, reactivity, On June 23, 2009, PPI petitioned EPA each on a monthly basis from April corrosivity, or toxicity. The petitioner to exclude an annual volume of 140 through October 2008. Sludge must present sufficient information for cubic yards of F019 wastewater accumulated in a roll-off box and was us to decide whether any factors in treatment sludges generated at its sampled representing sludge collected addition to those for which the waste facility in Brillion, Wisconsin from the over a period of approximately 4 weeks was listed warrant retaining it as a list of hazardous wastes contained in 40 each. Two sludge samples representing hazardous waste. (See § 260.22, 42 CFR 261.31. F019 is defined in § 261.32 clean-out of the epoxy-coating line were U.S.C. 6921(f) and the background as ‘‘Wastewater treatment sludges from collected on August 25 and on October documents for the listed wastes.) the chemical conversion coating of 20, 2008 in order to characterize sludge If a delisting petition is granted, the aluminum except from zirconium generated from clean-out activities. generator remains obligated under phosphating in aluminum can washing Sludge generated from the clean-out of RCRA to confirm that the waste remains when such phosphating is an exclusive the acrylic-coating line was sampled on nonhazardous. conversion coating process.’’ PPI claims August 11, 2008. PPI collected one that the petitioned waste does not meet C. What Factors Must EPA Consider in composite and one grab sample of the criteria for which F019 was listed Deciding Whether To Grant a Delisting sludge from each roll-off box during and that there are no other factors which Petition? each sampling event. Composite would cause the waste to be hazardous. In reviewing this petition, we samples consisted of four individual considered the original listing criteria B. How Does PPI Generate the Waste? full-depth core grab samples mixed and the additional factors required by The F019 is generated from the rinse together to form one sample. the Hazardous and Solid Waste waters and overflows of two zinc PPI analyzed all composite samples Amendments of 1984 (HSWA). See sec. phosphating lines used for conversion using the following methodology: (1) 222 of HSWA, 42 U.S.C. 6921(f), and 40 coating aluminum parts. The aluminum Total constituent analysis and Toxicity CFR 260.22(d)(2)–(4). We evaluated the parts are spray cleaned, immersion Characteristic Leaching Procedure petitioned waste against the listing cleaned, and cleaned with a phosphoric (TCLP) for metals in Appendix IX of 40 criteria and factors cited in acid prior to conversion coating. The CFR part 264, (Test Methods for §§ 261.11(a)(2) and (3). rinse waters from these steps do not Evaluating Solid Waste, Physical/ Chemical Methods—SW–846—Methods Besides considering the criteria in 40 contribute to the petitioned waste. Rinse 1 CFR 260.22(a), §§ 261.11(a)(2) and (3), waters and overflows from the zinc 6010B and 1311 ); (2) total constituent 42 U.S.C. 6921(f), and in the background phosphating step and the remaining and TCLP analysis for sulfide (SW–846 documents for the listed wastes, EPA steps in the treatment line are the only Methods 9030A and 1311); (3) total must consider any factors (including wastewaters contributing to the constituent and TCLP analysis for cyanide (SW–846 Methods 9010 and additional constituents) other than those petitioned waste. Zinc phopshating 2 for which we listed the waste if these includes several acids and nickel- and 1311 ); (4) total constituent and TCLP additional factors could cause the waste manganese-compounds. The parts are analysis for fluoride (SW–846 Methods to be hazardous. sealed with compounds containing 9056 and 1311); (5) flashpoint (SW–846 Our decision to delist waste from fluorine, zirconium, and ammonium Method 1010); (6) pH (SW–846 Method PPI’s facility is based on our evaluation hydroxide. Lastly, epoxy-based and 9040); and (7) oil & grease (SW–846 of the waste for factors or criteria which acrylic paint films are cathodically Method 9070). PPI screened the first two of the six could cause the waste to be hazardous. electrodeposited on the aluminum parts. These factors included: (1) Whether the The combined rinse waters and monthly composite samples and one waste is considered acutely toxic; (2) the overflows from these process steps go to each of the composite samples of clean- toxicity of the constituents; (3) the an on-site wastewater treatment plant out sludges for: (1) Total constituent and concentration of the constituents in the dedicated to the F019 wastewater. The 1 Method 7471 was substituted for Method 6010 waste; (4) the tendency of the pH of the wastewater is adjusted to 9.0 for mercury. constituents to migrate and to standard units with either sulfuric acid 2 Deionized water was used as the extraction fluid bioaccumulate; (5) the persistence in the or sodium hydroxide. Coagulants instead of the fluid specified in the method.

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TCLP analysis for 120 semi-volatile samples of clean-out sludges for total remainder of the samples were not organic compounds (SW–846 Methods constituent and TCLP analysis for tested at neutral and alkaline leaching 8270 and 1311); (2) total constituent and volatile organic compounds (VOCs) conditions. TCLP analysis for formaldehyde (SW– (SW–846 Method 8260 and SW–846 D. What Were the Results of PPI’s 846 Methods 8315 and 1311); (3) total Method 1311). This screening analysis Analysis of the Waste? constituent and TCLP analysis for was performed to check for unexpected acrylamide (SW–846 Methods 8032 and organic compounds in the waste as well The table below presents the 1311); (4) TCLP analysis for metals in as identify pH-dependence of metals in maximum observed total and leachate Appendix IX of 40 CFR part 264, leachate in the event landfill leachates concentrations for all detected substituting the TCLP extraction fluid with neutral or alkaline pH result in constituents for which maximum with deionized water in order to assess higher concentrations. Detections of allowable total and/or TCLP leachability under pH-neutral organic compounds were insignificant concentration were available. Total conditions (SW–846 Methods 6010B and the remainder of the sludge samples concentrations are expressed in and 1311); and (5) TCLP analysis for were not analyzed for these parameters. milligrams per kilogram (mg/kg). metals in Appendix IX of 40 CFR part Metals of concern were generally Leachate concentrations are expressed 264, substituting the TCLP extraction preferentially leached by the acidic in milligrams per liter (mg/L). The table fluid with a buffered alkaline solution TCLP test. The exception, barium, also includes the results of analysis for in order to assess leachability under leached more in some samples under the constituents for which F019 was alkaline conditions (SW–846 Methods alkaline conditions. However, listed, chromium and cyanide. PPI 6010B and 1311). PPI analyzed two of detections of all metals, including submitted a signed a statement the six monthly full-depth core grab barium, were so far below certifying accuracy and responsibility of samples and one each of the grab concentrations of concern that the the results. See 40 CFR 260.22(i)(12).

Maximum observed Maximum allowable concentration concentration Constituent detected GW Total TCLP Total TCLP (mg/L) (mg/kg) (mg/L) (mg/kg) (mg/L)

Volatile Organic Compounds

acetone ...... 0.33 V 0.113 NA 26,300 3 .38 acrolein ...... 0.277 <0.5 6,850 NA 0.000504 benzene ...... 0.00142 I <0.05 224,000 1 0 .05 0 .00133 bromomethane ...... 1.16 <0.05 247,000 NA 0 .0262 butanol ...... 0.510 12 <25 NA 2,920 3.75 carbon disulfide ...... <12 IV 0.0039 NA 2,850 3.17 chloromethane ...... 0 .05 I <0.05 NA 306 0.393 ethylbenzene ...... <1.2 0.0034 NA 549 0 .7 formaldehyde ...... 86 .1 <10.0 4,150 631 0 .811 methyl ethyl ketone ...... 0.0365 I 0.0820 NA 200 22 .5 methylene chloride ...... <2.4 0.028 882,000 4 .0 0 .005 methyl isobutyl ketone ...... 0.644 <0.5 NA 2,340 3.0 trimethylbenzene, 1,2,4- ...... 0 .000652 I I 0.00530 NA 34 .2 0 .0448 xylenes ...... <2.4 I 0.0116 NA 484 0.617

Semivolatile Organic Compounds

benzyl alcohol ...... 27 .7 0.036 NA 14,600 18 .8 bis(2-ethylhexyl)phthalate ...... 2.82 <0.02 NA NA 0 .00321

Metals

barium ...... 132 0.26 NA 1 100 2 .0 boron ...... 114 1.24 NA 6,570 7 .5 chromium ...... 153 <1.25 3 22,700 1 5 .0 0.1 cobalt ...... 333 <1.25 30,300 10 .4 0.0113 copper ...... 422 0.49 NA 1,180 1 .3 lead ...... 54.9 <1.25 NA 1 5 .0 0.015 manganese ...... 15,100 25.2 NA 815 0.9 mercury ...... 0.0182 <0.0002 98 .1 1 0 .2 0 .00145 nickel ...... 7,380 37.1 NA 638 0.75 strontium ...... 10,200 C 5.13 NA 19,700 22 .5 zinc ...... 89,400 30.2 NA 10,300 11 .3

Miscellaneous Parameters

cyanide ...... 16 .3 <0.05 NA 156 200 sulfide ...... 85.1 NR NA NA NA fluoride ...... 740 22.6 NA 1,980 2,250 pH (corrosivity) ...... 5.9–8.11 2 < pH < 12.5 NA flashpoint (ignitability) ...... > 200 °F < 140 °F NA These levels represent the highest concentration of each constituent found in any sample and do not necessarily represent the concentrations found in a single sample.

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1—Based on the toxicity characteristic in 40 CFR 261 subpart C. 2—Includes both n-butanol and t-butanol. 3—Based on a mixture at a ratio of 1:6 hexavalent to trivalent chromium. V—Present in blank. NA—Maximum allowable not calculated or much higher than expected to be present. <—Denotes that the constituent was not detected at the quantitation level. I—Estimated value, below practicable quantitation limit. C—Calibration check verification or quality control sample exceeded upper control limit. NR—Analysis not run.

E. How Did EPA Evaluate the Risk of concentrations as inputs for DRAS. If, B. What Are the Maximum Allowable Delisting This Waste? using an appropriate analytical method, Concentrations of Hazardous For this delisting determination, we a constituent was not detected in any Constituents in the Waste? assumed that the waste would be sample nor in the leachate of any The following parameters were disposed in a Subtitle D landfill and we sample, it was considered not to be selected for ongoing verification because considered transport of waste present in the waste. of their prevalence in the waste relative constituents through ground water, F. What Did EPA Conclude About PPI’s to the maximum allowable surface water and air. We evaluated Waste? concentrations. Concentrations PPI’s petitioned waste using the measured in the TCLP (or OWEP, where Agency’s Delisting Risk Assessment The maximum reported leachate appropriate) extract of the waste of these Software (DRAS) to predict the concentrations and the maximum constituents must not exceed the concentration of hazardous constituents reported total concentrations of the following concentrations (mg/l): that might be released from the hazardous constituents found in this chromium—5, cobalt—10.4; petitioned waste and to determine if the waste are presented in the table above. manganese—815; and nickel—638. waste would pose a threat. To predict The table also presents the maximum the potential for release to groundwater C. How Frequently Must PPI Test the allowable concentrations. The Waste? from landfilled wastes and subsequent concentrations of all constituents in routes of exposure to a receptor, the both the waste and the leachate are PPI must analyze a representative DRAS uses dilution attenuation factors below the allowable levels of concern sample of the wastewater treatment (DAFs) derived from EPA’s Composite calculated by the DRAS program at the sludges on an annual basis to Model for leachate migration with target risk levels. We therefore conclude demonstrate that leachate Transformation Products (CMTP). From that PPI’s wastewater treatment sludge concentrations do not exceed the levels a release to groundwater, the DRAS is not a substantial or potential hazard of concern in Section IV.B. above. PPI considers routes of exposure to a human to human health and the environment must use methods with appropriate receptor of ingestion of contaminated when disposed of in a Subtitle D detection levels with appropriate groundwater, inhalation from landfill. Once the exclusion becomes quality control procedures. SW–846 groundwater while showering and effective, PPI must dispose of this waste Method 1311 must be used for dermal contact from groundwater while in a Subtitle D landfill permitted or generation of the leachate extract used bathing. licensed by a State. in the testing of the delisting levels if oil From a release to surface water by and grease comprise less than 1% of the erosion of waste from an open landfill G. Why Is EPA Using a Direct Final waste. SW–846 Method 1330A must be into storm water run-off, DRAS Rule? used for generation of the leaching evaluates the exposure to a human extract if oil and grease comprise 1% or receptor by fish ingestion and ingestion EPA is publishing this rule without a more of the waste. SW–846 Method of drinking water. From a release of prior proposed rule because we view 9071B must be used for determination waste particles and volatile emissions to this as a noncontroversial action and of oil and grease. SW–846 Methods air from the surface of an open landfill, anticipate no adverse comment. The 1311, 1330A, and 9071B are DRAS considers routes of exposure of exclusion applies to a very small waste incorporated by reference in 40 CFR inhalation of volatile constituents, stream generated at a single facility and 260.11. inhalation of particles, and air rigorous chemical analysis of the waste deposition of particles on residential indicated that concentrations of D. What Data Must PPI Submit? soil and subsequent ingestion of the chemicals and elements in the waste PPI must submit the data obtained contaminated soil by a child. were far below levels of concern. If EPA through annual verification testing to For a detailed description of the receives adverse comment, we will U.S. EPA Region 5, 77 W. Jackson Blvd., DRAS program and revisions see the publish a timely withdrawal in the Chicago, IL 60604, upon the anniversary Delisting Technical Support Document, Federal Register informing the public of the effective date of this exclusion. DRAS version 3.0 Update Summary, that the rule will not take effect. Any PPI must compile, summarize, and and DRAS version 3.0 User’s Guide parties interested in commenting must maintain on site records of operating available in the docket for today’s do so at this time. conditions and analytical data. PPI must action. make these records available for At a target cancer risk of 1×10¥6 and IV. Conditions for Exclusion inspection. All data must be a target hazard quotient of one, the A. How Will PPI Manage the Waste If It accompanied by a signed copy of the DRAS program determined maximum Is Delisted? certification statement in 40 CFR allowable concentrations for each 260.22(i)(12). constituent in both the waste and the If the petitioned waste is delisted, PPI leachate at an annual waste volume of must dispose of it in a Subtitle D E. What Happens If PPI Fails To Meet 140 cubic yards. We used the maximum landfill which is permitted, licensed, or the Conditions of the Exclusion? estimated annual waste volume and the registered by a State to manage If PPI violates the terms and maximum reported total and leachate industrial waste. conditions established in the exclusion,

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the Agency may start procedures to under section 3009 of RCRA. These Children from Environmental Health withdraw the exclusion. more stringent requirements may Risks and Safety Risks’’ (62 FR 19885, If any testing of the waste does not include a provision that prohibits a April 23, 1997), because it is not meet the maximum allowable Federally issued exclusion from taking economically significant as defined in concentrations described in section effect in the State. We urge petitioners Executive Order 12866, and because the IV.B. above or other data (including but to contact the State regulatory authority Agency does not have reason to believe not limited to leachate data or to establish the status of their wastes the environmental health or safety risks groundwater monitoring data) relevant under the State law. addressed by this action present a to the delisted waste indicates that any EPA has also authorized some States disproportionate risk to children. The constituent is at a level in the leachate to administer a delisting program in basis for this belief is that the Agency higher than the specified maximum place of the Federal program, that is, to allowable concentration, or is in make State delisting decisions. used DRAS, which considers health and groundwater at a concentration higher Therefore, this exclusion does not apply safety risks to children, to calculate the than the groundwater concentrations in those authorized States. If PPI maximum allowable concentrations for used in the risk evaluation, PPI must manages the waste in any State with this rule. This rule is not subject to notify the Agency within 10 days of first delisting authorization, PPI must obtain Executive Order 13211, ‘‘Actions possessing or being made aware of the delisting authorization from that State Concerning Regulations That data. Maximum allowable groundwater before it can manage the waste as Significantly Affect Energy Supply, concentrations (mg/L) are as follows: nonhazardous in that State. Distribution, or Use’’ (66 FR 28355 (May 22, 2001)), because it is not a significant chromium—0.1; cobalt—0.0113; VI. Statutory and Executive Order regulatory action under Executive Order manganese—0.9; and nickel—0.75. Reviews The exclusion will be suspended and 12866. This rule does not involve the waste managed as hazardous until Under Executive Order 12866, technical standards; thus, the PPI has received written approval from ‘‘Regulatory Planning and Review’’ (58 requirements of section 12(d) of the the Agency to continue the exclusion. FR 51735, October 4, 1993), this rule is National Technology Transfer and not of general applicability and PPI may provide sampling results which Advancement Act of 1995 (15 U.S.C. therefore is not a regulatory action support the continuation of the delisting 272 note) do not apply. As required by subject to review by the Office of exclusion. section 3 of Executive Order 12988, The EPA has the authority under Management and Budget (OMB). This rule does not impose an information ‘‘Civil Justice Reform’’, (61 FR 4729, RCRA and the Administrative February 7, 1996), in issuing this rule, Procedures Act, 5 U.S.C. sec. 551 (1978) collection burden under the provisions EPA has taken the necessary steps to et seq. to reopen a delisting decision if of the Paperwork Reduction Act of 1995 eliminate drafting errors and ambiguity, we receive new information indicating (44 U.S.C. 3501 et seq.) because it that the conditions of this exclusion applies to a particular facility only. minimize potential litigation, and have been violated, or are otherwise not Because this rule is of particular provide a clear legal standard for being met. applicability relating to a particular affected conduct. facility, it is not subject to the regulatory The Congressional Review Act, 5 F. What Must PPI Do If the Process flexibility provisions of the Regulatory U.S.C. 801 et seq., as added by the Small Changes? Flexibility Act (5 U.S.C. 601 et seq.), or Business Regulatory Enforcement If PPI significantly changes the to sections 202, 204, and 205 of the Fairness Act of 1996, generally provides manufacturing or treatment process or Unfunded Mandates Reform Act of 1995 that before a rule may take effect, the (UMRA) (Pub. L. 104–4). Because this the chemicals used in the agency promulgating the rule must manufacturing or treatment process, PPI rule will affect only a particular facility, it will not significantly or uniquely submit a rule report which includes a may not handle the wastewater copy of the rule to each House of the treatment sludge generated from the affect small governments, as specified in Congress and to the Comptroller General new process under this exclusion until section 203 of UMRA. Because this rule of the United States. Section 804 it has demonstrated to the EPA that the will affect only a particular facility, this waste meets the levels set in section final rule does not have federalism exempts from section 801 the following IV.B. and that no new hazardous implications. It will not have substantial types of rules: (1) Rules of particular constituents listed in Appendix VIII of direct effects on the States, on the applicability; (2) rules relating to agency 40 CFR part 261 have been introduced. relationship between the national management or personnel; and (3) rules PPI must manage wastes generated after government and the States, or on the of agency organization, procedure, or the process change as hazardous waste distribution of power and practice that do not substantially affect until PPI has received written notice responsibilities among the various the rights or obligations of non-agency from EPA that the delisting is reinstated. levels of government, as specified in parties (5 U.S.C. 804(3)). EPA is not Executive Order 13132, ‘‘Federalism’’, required to submit a rule report V. How Would This Action Affect the (64 FR 43255, August 10, 1999). Thus, regarding today’s action under section States? Executive Order 13132 does not apply 801 because this is a rule of particular Because EPA is issuing today’s to this rule. applicability. exclusion under the Federal RCRA Similarly, because this rule will affect delisting program, only States subject to only a particular facility, this final rule List of Subjects in 40 CFR Part 261 Federal RCRA delisting provisions does not have Tribal implications, as Hazardous waste, Recycling, and would be affected. This exclusion may specified in Executive Order 13175, Reporting and recordkeeping not be effective in States which have ‘‘Consultation and Coordination with received our authorization to make their Indian Tribal Governments’’ (65 FR requirements. own delisting decisions. 67249, November 9, 2000). Thus, Authority: Sec. 3001(f) RCRA, 42 U.S.C. EPA allows States to impose their Executive Order 13175 does not apply 6921(f). own non-RCRA regulatory requirements to this rule. This rule also is not subject that are more stringent than EPA’s, to Executive Order 13045, ‘‘Protection of

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Dated: November 9, 2009. PART 261—IDENTIFICATION AND ■ 2. Table 1 of Appendix IX to Part 261 Margaret M. Guerriero, LISTING OF HAZARDOUS WASTE is amended by adding the following Director, Land and Chemicals Division. waste stream in alphabetical order by ■ 1. The authority citation for part 261 facility to read as follows: ■ For the reasons set out in the continues to read as follows: preamble, 40 CFR part 261 is amended Authority: 42 U.S.C. 6905, 6912(a), 6921, Appendix IX to Part 261—Wastes as follows: 6922, and 6938. Excluded Under §§ 260.20 and 260.22

TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES

Facility Address Waste description

******* Professional Plating, Incor- Brillion, Wisconsin ...... Wastewater treatment sludges, F019, which are generated at the Professional Plat- porated. ing, Incorporated (PPI) Brillion facility at a maximum annual rate of 140 cubic yards per year. The sludge must be disposed of in a Subtitle D landfill which is li- censed, permitted, or otherwise authorized by a State to accept the delisted wastewater treatment sludge. The exclusion becomes effective as of March 1, 2010. 1. Delisting Levels: The constituent concentrations measured in a leachate extract may not exceed the following levels (mg/L): chromium—5, cobalt—10.4; man- ganese—815; and nickel—638. 2. Annual Verification Testing: To verify that the waste does not exceed the speci- fied delisting levels, PPI must collect and analyze, annually, one waste sample for the constituents in Section 1. using methods with appropriate detection levels and elements of quality control. SW–846 Method 1311 must be used for generation of the leachate extract used in the testing of the delisting levels if oil and grease comprise less than 1% of the waste. SW–846 Method 1330A must be used for generation of the leaching extract if oil and grease comprise 1% or more of the waste. SW–846 Method 9071B must be used for determination of oil and grease. SW–846 Methods 1311, 1330A, and 9071B are incorporated by reference in 40 CFR 260.11. 3. Changes in Operating Conditions: PPI must notify the EPA in writing if the manu- facturing process, the chemicals used in the manufacturing process, the treatment process, or the chemicals used in the treatment process significantly change. PPI must handle wastes generated after the process change as hazardous until it has demonstrated that the wastes continue to meet the maximum allowable con- centrations in Section 1. and that no new hazardous constituents listed in appen- dix VIII of part 261 have been introduced and it has received written approval from EPA. 4. Reopener Language—(a) If, anytime after disposal of the delisted waste, PPI pos- sesses or is otherwise made aware of any data (including but not limited to leach- ate data or groundwater monitoring data) relevant to the delisted waste indicating that any constituent is at a concentration in the waste or waste leachate higher than the maximum allowable concentrations in Section 1. above or is in the groundwater at a concentration higher than the maximum allowable groundwater concentrations in Paragraph (e), then PPI must report such data, in writing, to the Regional Administrator within 10 days of first possessing or being made aware of that data. (b) Based on the information described in paragraph (a) and any other information received from any source, the Regional Administrator will make a preliminary de- termination as to whether the reported information requires Agency action to pro- tect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (c) If the Regional Administrator determines that the reported information does re- quire Agency action, the Regional Administrator will notify the facility in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing PPI with an opportunity to present information as to why the proposed Agency action is not necessary or to suggest an alternative action. PPI shall have 30 days from the date of the Regional Administrator’s no- tice to present the information. (d) If after 30 days PPI presents no further information, the Regional Administrator will issue a final written determination describing the Agency actions that are nec- essary to protect human health or the environment. Any required action described in the Regional Administrator’s determination shall become effective immediately, unless the Regional Administrator provides otherwise. (e) Maximum allowable groundwater concentrations (mg/L) are as follows: chro- mium—0.1; cobalt—0.0113; manganese—0.9; and nickel—0.75.

*******

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[FR Doc. E9–30994 Filed 12–29–09; 8:45 am] text of this document is available for Flexibility Act of 1980 do not apply to BILLING CODE 6560–50–P public inspection and copying during this proceeding. normal business hours in the FCC’s The Commission will send a copy of Reference Information Center at Portals this Report and Order in a report to be FEDERAL COMMUNICATIONS II, CY–A257, 445 12th Street, SW., sent to Congress and the Government COMMISSION Washington, DC 20554. This document Accountability Office pursuant to the will also be available via ECFS (http:// Congressional review Act, see 5 U.S.C. 47 CFR Part 73 www.fcc.gov/cgb/ecfs/). (Documents 801(a)(1)(A). [DA 09–2594; MB Docket No. 09–196; RM– will be available electronically in ASCII, List of Subjects in 47 CFR Part 73 11578] Word 97, and/or Adobe Acrobat.) This document may be purchased from the Television, Television broadcasting. Television Broadcasting Services; Commission’s duplicating contractor, ■ For the reasons discussed in the High Point, NC Best Copy and Printing, Inc., 445 12th preamble, the Federal Communications AGENCY: Federal Communications Street, SW., Room CY–B402, Commission amends 47 CFR Part 73 as Commission. Washington, DC 20554, telephone 1– follows: ACTION: Final rule. 800–478–3160 or via e-mail http:// www.BCPIWEB.com. To request this PART 73—RADIO BROADCAST SUMMARY: The Commission has before it document in accessible formats SERVICES a petition for rulemaking filed by (computer diskettes, large print, audio ■ 1. The authority citation for part 73 Community Television of North recording, and Braille), send an e-mail continues to read as follows: Carolina, LLC, the licensee of to [email protected] or call the WGHP(TV), channel 8, High Point, Commission’s Consumer and Authority: 47 U.S.C. 154, 303, 334, 336. North Carolina, requesting the Governmental Affairs Bureau at (202) § 73.622 [Amended] substitution of channel 35 for channel 8 418–0530 (voice), (202) 418–0432 ■ at High Point. (TTY). This document does not contain 2. Section 73.622(i), the Post- DATES: This rule is effective December information collection requirements Transition Table of DTV Allotments 30, 2009. subject to the Paperwork Reduction Act under North Carolina, is amended by adding channel 35 and removing FOR FURTHER INFORMATION CONTACT: of 1995, Public Law 104–13. In addition, channel 8 at High Point. Joyce L. Bernstein, Media Bureau, (202) therefore, it does not contain any 418–1600. information collection burden ‘‘for Federal Communications Commission. SUPPLEMENTARY INFORMATION: This is a small business concerns with fewer than Clay C. Pendarvis, synopsis of the Commission’s Report 25 employees,’’ pursuant to the Small Associate Chief, Video Division, Media and Order, MB Docket No. 09–196, Business Paperwork Relief Act of 2002, Bureau. adopted December 14, 2009, and Public Law 107–198, see 44 U.S.C. [FR Doc. E9–31017 Filed 12–29–09; 8:45 am] released December 15, 2009. The full 3506(c)(4). Provisions of the Regulatory BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 74, No. 249

Wednesday, December 30, 2009

This section of the FEDERAL REGISTER before and after the public meeting, but Renewable Energy, Building contains notices to the public of the proposed no later than January 29, 2010. Technologies, EE–2J, 1000 issuance of rules and regulations. The ADDRESSES: The public meeting will be Independence Avenue, SW., purpose of these notices is to give interested held at the U.S. Department of Energy, Washington, DC 20585–0121. persons an opportunity to participate in the Telephone: (202) 586–8654. E-mail: rule making prior to the adoption of the final Forrestal Building, Room 1E–245, 1000 rules. Independence Avenue, SW., [email protected]. Washington, DC 20585–0121. Please Mr. Eric Stas, U.S. Department of note that foreign nationals planning to Energy, Office of the General Counsel, DEPARTMENT OF ENERGY participate in the public meeting are GC–71, 1000 Independence Avenue, subject to advance security screening SW., Washington, DC 20585–0121. 10 CFR Part 431 procedures. If a foreign national wishes Telephone: (202) 586–5827. E-mail: [email protected]. [Docket No. EERE–2009–BT–STD–0018] to participate in the public meeting, please inform DOE of this fact as soon For information on how to submit or RIN 1904–AC00 as possible by contacting Ms. Brenda review public comments and on how to Edwards at (202) 586–2945 so that the participate in the public meeting, Energy Efficiency Program for contact Ms. Brenda Edwards, U.S. Consumer Products: Public Meeting necessary procedures can be completed. Interested parties may submit Department of Energy, Office of Energy and Availability of the Framework comments, identified by docket number Efficiency and Renewable Energy, Document for Metal Halide Lamp EERE–2009–BT–STD–0018 and/or Building Technologies Program, EE–2J, Fixtures Regulation Identifier Number (RIN) 1000 Independence Avenue, SW., AGENCY: Office of Energy Efficiency and 1904–AC00, by any of the following Washington, DC 20585–0121. Renewable Energy, Department of methods: Telephone (202) 586–2945. E-mail: Energy. • Federal eRulemaking Portal: http:// [email protected]. ACTION: Notice of public meeting and www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: Part A of availability of the framework document. instructions for submitting comments. the Energy Policy and Conservation Act • E-mail: MHLF–2009–STD– of 1975 (EPCA), Public Law 94–163, (42 SUMMARY: The U.S. Department of [email protected]. Include docket U.S.C. 6291–6309) established the Energy (DOE) is initiating the number EERE–2009–BT–STD–0018 Energy Conservation Program for rulemaking and data collection process and/or RIN 1904–AC00 in the subject Consumer Products Other Than to establish amended energy line of the message. Automobiles, a program covering most conservation standards for certain metal • Mail: Ms. Brenda Edwards, U.S. major household appliances. Over time, halide lamp fixtures. Accordingly, DOE Department of Energy, Building amendments to EPCA have given DOE will hold an informal public meeting to Technologies Program, Mailstop EE–2J, expanded authority to regulate the discuss and receive comments on its Framework Document for Metal Halide energy efficiency of several other kinds planned analytical approach and issues Lamp Fixtures, Docket No. EERE–2009– of equipment, including certain metal it will address in this rulemaking BT–STD–0018 and/or RIN 1904–AC00, halide lamp fixtures which are the focus proceeding. DOE welcomes written 1000 Independence Avenue, SW., of this notice. Amendments to EPCA in comments from the public on any Washington, DC 20585–0121. Please the Energy Independence and Security subject within the scope of this submit one signed paper original. Act of 2007 (EISA 2007), Public Law rulemaking. To inform interested parties • Hand Delivery/Courier: Ms. Brenda 110–140, established energy and to facilitate this process, DOE has Edwards, U.S. Department of Energy, conservation standards for certain metal prepared a framework document that Building Technologies Program, Sixth halide lamp fixtures by prescribing details the analytical approach and Floor, 950 L’Enfant Plaza, SW., minimum performance requirements for identifies several issues on which DOE Washington, DC 20024. Please submit metal halide lamp ballasts contained in is particularly interested in receiving one signed paper original. those fixtures. (42 U.S.C. 6295(hh)(1)) A comment. A copy of the framework Docket: For access to the docket to summary of the standards promulgated document is available at: http:// read background documents, a copy of by EISA 2007 can be found in section www1.eere.energy.gov/buildings/ the transcript of the public meeting, or 1.1 of the framework document. The appliance_standards/commercial/ comments received, go to the U.S. _ _ _ EISA 2007 amendments also require metal halide lamp ballasts.html. Department of Energy, Resource Room DOE to conduct two rulemaking cycles DATES: DOE will hold a public meeting of the Building Technologies Program, to determine whether standards should on Tuesday, January 26, 2010, from 9 Sixth Floor, 950 L’Enfant Plaza, SW., be amended. (42 U.S.C. 6295(hh)(2)–(3)) a.m. to 4 p.m. in Washington, DC. DOE Washington, DC 20024, (202) 586–2945, DOE must publish a final rule for the must receive requests to speak at the between 9 a.m. and 4 p.m., Monday first amended standards rulemaking by public meeting before 4 p.m., Tuesday, through Friday, except Federal holidays. January 1, 2012, which shall apply to January 12, 2010. DOE must receive a Please call Ms. Brenda Edwards first at products manufactured on or after signed original and an electronic copy the above telephone number for January 1, 2015. (42 U.S.C. 6295(hh)(2)) of the statement to be given at the public additional information regarding This framework document is being meeting before 4 p.m., Tuesday, January visiting the Resource Room. published as a first step in meeting this 19, 2010. DOE will accept written FOR FURTHER INFORMATION CONTACT: Ms. statutory requirement. comments, data, and information Linda Graves, U.S. Department of Although metal halide lamp fixtures regarding the framework document Energy, Office of Energy Efficiency and are typically understood to be

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equipment used in the commercial and In addition to establishing energy contains relevant definitions for industrial sectors, it is the ‘‘consumer conservation standards for metal halide ‘‘ballast,’’ ‘‘electronic ballast,’’ ‘‘metal products’’ section of the statute that lamp fixtures, EPCA, as amended by halide ballast,’’ ‘‘metal halide lamp,’’ grants authority to DOE to cover and EISA 2007, directs DOE to establish test ‘‘metal halide lamp fixture,’’ ‘‘probe- regulate this equipment. In the United procedures for metal halide lamp start metal halide ballast,’’ and ‘‘pulse- States Code, Title 42, ‘‘The Public ballasts based on American National start metal halide ballast.’’ These new Health and Welfare,’’ chapter 77, Standards Institute (ANSI) Standard definitions and standby mode and off ‘‘Energy Conservation,’’ subchapter III, C82.6–2005, ‘‘Ballasts for High Intensity mode requirements are fully addressed ‘‘Improving Energy Efficiency,’’ two Discharge Lamps—Method of by the analyses that DOE intends to parts cluster together the group of Measurement.’’ (42 U.S.C. 6293(b)(18)). conduct in the energy conservation products DOE regulates. ‘‘Part A— On July 10, 2009, DOE published a standards rulemaking for metal halide Energy Conservation Program for notice of proposed rulemaking for the lamp fixtures. Consumer Products Other Than metal halide lamp ballast test To initiate the first rulemaking cycle Automobiles’’ includes a range of procedure, which included definitions to consider amended energy consumer products, some of which are and test procedure requirements. 74 FR conservation standards for metal halide used primarily in the residential sector, 33171. Upon publication of the final lamp fixtures, DOE has prepared a such as refrigerators, dishwashers, and rule in this proceeding, DOE will have framework document to explain the clothes washers. Part A also includes complied with the EPCA metal halide issues, analyses, and processes it consumer products that are also used lamp ballast test procedure statutory anticipates using for the development of primarily in the commercial sector, such requirements. amended energy conservation standards as metal halide lamp fixtures, DOE notes that because of the for certain metal halide lamp fixtures. In fluorescent lamp ballasts, and urinals. codification of the metal halide lamp the framework document, DOE also ‘‘Part A–1—Certain Industrial fixture provisions in 42 U.S.C. 6295, a presents its initial approach to consider Equipment’’ in subchapter III includes rulemaking for metal halide lamp expansion of scope, in order to products that are primarily used in the fixture energy conservation standards, determine whether the standards should commercial and industrial sectors, such as well as any associated test be made applicable to additional metal as electric motors and pumps, and procedures, are subject to the halide lamp fixtures by establishing packaged terminal air conditioners and requirements of the consumer products efficiency requirements for both fixtures heat pumps. provisions of Part A of Title III. with metal halide lamps outside the However, because metal halide lamp wattage range currently set by the As amended by EISA 2007, EPCA fixtures are generally considered to be statute, as well as fixtures with types of currently regulates metal halide lamp commercial equipment and consistent metal halide lamp ballasts currently fixtures designed to be operated with with DOE’s previous action to excluded from coverage by EPCA. The lamps rated greater than or equal to 150 incorporate requirements of the Energy main focus of the public meeting noted watts but less than or equal to 500 watts, Policy Act of 2005 (EPACT 2005) for above will be to discuss the analyses subject to certain exclusions discussed commercial equipment into 10 CFR part presented and issues identified in the below. EPCA prescribes performance 431 (‘‘Energy Efficiency Program for framework document. At the public requirements for the metal halide lamp Certain Commercial and Industrial meeting, DOE will make a number of ballasts contained in metal halide lamp Equipment’’), DOE intends to place the presentations, invite discussion on the fixtures. For metal halide lamp fixtures new requirements for metal halide lamp rulemaking process as it applies to within the specified rated lamp wattage fixtures in 10 CFR part 431 for ease of certain metal halide lamp fixtures, and range, the metal halide lamp fixtures reference. DOE notes that the location of solicit comments, data, and information must contain: (1) A pulse-start metal the provisions within the CFR does not from participants and other interested halide ballast with a minimum ballast affect either the substance or applicable parties. DOE will also invite comment efficiency of 88 percent; (2) a magnetic procedure for metal halide fixtures; as on its preliminary determination of the probe-start ballast with a minimum such, DOE plans to place them in the scope of coverage for the metal halide ballast efficiency of 94 percent; or (3) a appropriate CFR part based upon the lamp fixtures energy conservation nonpulse-start electronic ballast with (a) nature or type of those products. Based standard. DOE is considering expanding a minimum ballast efficiency of 92 upon their placement into 10 CFR 431, the scope of coverage to include percent for wattages greater than 250 metal halide lamp fixtures and metal additional metal halide lamp fixtures watts, and (b) a minimum ballast halide lamp ballasts will be referred to that would be analyzed in the energy efficiency of 90 percent for wattages less as ‘‘equipment’’ throughout this notice. conservation standards rulemaking. than or equal to 250 watts. (U.S.C. 6292 In addition, pursuant to 42 U.S.C. DOE encourages those who wish to (hh)(1)(A)) Metal halide lamp fixtures 6295(gg)(3)(A), DOE is directed to participate in the public meeting to excluded from regulation by the statute incorporate standby mode and off mode obtain the framework document and to include metal halide lamp fixtures: (1) energy use in any amended (or new) be prepared to discuss its contents. A With regulated lag ballasts; (2) that use standard adopted after July 1, 2010. copy of the draft framework document electronic ballasts that operate at 480 Because this energy conservation is available at: http:// volts; or (3) that (a) are rated only for standards rulemaking for metal halide www1.eere.energy.gov/buildings/ 150 watt lamps, (b) are rated for use in lamp fixtures will be completed in 2012, appliance_standards/commercial/ wet locations, as specified by the the requirement to incorporate standby metal_halide_lamp_ballasts.html. National Electrical Code 2002, section mode and off mode energy use into the Public meeting participants need not 410.4(A), and (c) contain a ballast that energy conservation standards analysis limit their comments to the issues is rated to operate at ambient air is applicable. However, in the proposed identified in the framework document. temperatures above 50 °C, as specified metal halide lamp ballast test DOE is also interested in comments on by Underwriters Laboratories (UL) procedure, DOE tentatively concluded other relevant issues that participants 1029–2001, ‘‘Standard for High- that off mode does not apply to metal believe would affect energy Intensity-Discharge Lamp Ballasts.’’ (42 halide lamp fixtures. 74 FR 33171, conservation standards for this U.S.C. 6292 (hh)(1)(B)) 33175 (July 10, 2009). EISA 2007 also equipment, applicable test procedures,

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or the preliminary determination on the DEPARTMENT OF TRANSPORTATION e-mail scope of coverage. DOE invites all [email protected]; interested parties, whether or not they Federal Aviation Administration Internet http://www.bombardier.com. participate in the public meeting, to You may review copies of the submit in writing by January 29, 2010, 14 CFR Part 39 referenced service information at the comments and information on matters [Docket No. FAA–2009–1223; Directorate FAA, Transport Airplane Directorate, addressed in the framework document Identifier 2009–NM–114–AD] 1601 Lind Avenue, SW., Renton, Washington. For information on the and on other matters relevant to DOE’s RIN 2120–AA64 consideration of amended standards for availability of this material at the FAA, metal halide lamp fixtures. Airworthiness Directives; Bombardier, call 425–227–1221 or 425–227–1152. The public meeting will be conducted Inc. Model DHC–8–400 Series Examining the AD Docket Airplanes in an informal, facilitated, conference You may examine the AD docket on style. There shall be no discussion of AGENCY: Federal Aviation the Internet at http:// proprietary information, costs or prices, Administration (FAA), DOT. www.regulations.gov; or in person at the market shares, or other commercial ACTION: Notice of proposed rulemaking Docket Operations office between 9 a.m. matters regulated by U.S. antitrust laws. (NPRM). and 5 p.m., Monday through Friday, A court reporter will record the except Federal holidays. The AD docket proceedings of the public meeting, after SUMMARY: We propose to adopt a new contains this proposed AD, the which a transcript will be available for airworthiness directive (AD) for the regulatory evaluation, any comments purchase from the court reporter and products listed above. This proposed received, and other information. The placed on the DOE Web site at: http:// AD results from mandatory continuing street address for the Docket Operations www1.eere.energy.gov/buildings/ airworthiness information (MCAI) office (telephone (800) 647–5527) is in appliance_standards/commercial/ originated by an aviation authority of the ADDRESSES section. Comments will metal_halide_lamp_ballasts.html. another country to identify and correct be available in the AD docket shortly an unsafe condition on an aviation after receipt. After the public meeting and the close product. The MCAI describes the unsafe FOR FURTHER INFORMATION CONTACT: of the comment period on the condition as: Cesar Gomez, Aerospace Engineer, framework document, DOE will begin During final Acceptance Test Procedure Airframe and Mechanical Systems collecting data, conducting the analyses (ATP), a small oil leak was discovered on the Branch, ANE–171, FAA, New York as discussed in the framework Spoiler Unload Valve and Rudder Shutoff Aircraft Certification Office, 1600 document and at the public meeting, Valve bodies. Investigation revealed that a Stewart Avenue, Suite 410, Westbury, and reviewing the public comments it number of valves were manufactured with an New York 11590; telephone (516) 228– receives. incorrect wall thickness. This thin wall 7318; fax (516) 794–5531. condition caused cracking, subsequent DOE considers public participation to external weeping and pressure loss from the SUPPLEMENTARY INFORMATION: be a very important part of the process subject valves. Comments Invited for setting energy conservation This condition, if not corrected, will cause standards. DOE actively encourages the a loss of hydraulic fluid and subsequent loss We invite you to send any written participation and interaction of the of spoiler and/or rudder control. relevant data, views, or arguments about public during the comment period in * * * * * this proposed AD. Send your comments each stage of the rulemaking process. The proposed AD would require to an address listed under the Beginning with the framework actions that are intended to address the ADDRESSES section. Include ‘‘Docket No. document, and during each subsequent unsafe condition described in the MCAI. FAA–2009–1223; Directorate Identifier public meeting and comment period, DATES: We must receive comments on 2009–NM–114–AD’’ at the beginning of interactions with and between members this proposed AD by February 16, 2010. your comments. We specifically invite of the public provide a balanced ADDRESSES: You may send comments by comments on the overall regulatory, discussion of the issues to assist DOE in any of the following methods: economic, environmental, and energy • the standards rulemaking process. Federal eRulemaking Portal: Go to aspects of this proposed AD. We will consider all comments received by the Accordingly, anyone who wishes to http://www.regulations.gov. Follow the closing date and may amend this participate in the public meeting, instructions for submitting comments. • proposed AD based on those comments. receive meeting materials, or be added Fax: (202) 493–2251. • Mail: U.S. Department of We have lengthened the 30-day to the DOE mailing list to receive future Transportation, Docket Operations, comment period for proposed ADs that notices and information about this M–30, West Building Ground Floor, address MCAI originated by aviation rulemaking should contact Ms. Brenda Room W12–140, 1200 New Jersey authorities of other countries to provide Edwards at (202) 586–2945, or via e- Avenue, SE., Washington, DC 20590. adequate time for interested parties to mail at [email protected]. • Hand Delivery: U.S. Department of submit comments. The comment period Issued in Washington, DC, on December Transportation, Docket Operations, for these proposed ADs is now typically 23, 2009. M–30, West Building Ground Floor, 45 days, which is consistent with the Cathy Zoi, Room W12–40, 1200 New Jersey comment period for domestic transport Avenue, SE., Washington, DC, between ADs. Assistant Secretary, Energy Efficiency and Renewable Energy. 9 a.m. and 5 p.m., Monday through We will post all comments we Friday, except Federal holidays. receive, without change, to http:// [FR Doc. E9–30885 Filed 12–29–09; 8:45 am] For service information identified in www.regulations.gov, including any BILLING CODE 6450–01–P this proposed AD, contact Bombardier, personal information you provide. We Inc., 400 Coˆte-Vertu Road West, Dorval, will also post a report summarizing each Que´bec H4S 1Y9, Canada; telephone substantive verbal contact we receive 514–855–5000; fax 514–855–7401; about this proposed AD.

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Discussion different words from those in the MCAI responsibilities among the various Transport Canada Civil Aviation to ensure the AD is clear for U.S. levels of government. (TCCA), which is the aviation authority operators and is enforceable. In making For the reasons discussed above, I for Canada, has issued Canadian these changes, we do not intend to differ certify this proposed regulation: 1. Is not a ‘‘significant regulatory Airworthiness Directive CF–2009–25R1, substantively from the information dated July 23, 2009 (referred to after this provided in the MCAI and related action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the as ‘‘the MCAI’’), to correct an unsafe service information. DOT Regulatory Policies and Procedures condition for the specified products. We might also have proposed (44 FR 11034, February 26, 1979); and The MCAI states: different actions in this AD from those in the MCAI in order to follow FAA 3. Will not have a significant During final Acceptance Test Procedure policies. Any such differences are economic impact, positive or negative, (ATP), a small oil leak was discovered on the highlighted in a NOTE within the on a substantial number of small entities Spoiler Unload Valve and Rudder Shutoff under the criteria of the Regulatory Valve bodies. Investigation revealed that a proposed AD. Flexibility Act. number of valves were manufactured with an Costs of Compliance incorrect wall thickness. This thin wall We prepared a regulatory evaluation condition caused cracking, subsequent Based on the service information, we of the estimated costs to comply with external weeping and pressure loss from the estimate that this proposed AD would this proposed AD and placed it in the subject valves. affect about 61 products of U.S. registry. AD docket. This condition, if not corrected, will cause We also estimate that it would take List of Subjects in 14 CFR Part 39 a loss of hydraulic fluid and subsequent loss about 3 work-hours per product to of spoiler and/or rudder control. Air transportation, Aircraft, Aviation Revision 1 of this directive mandates a new comply with the basic requirements of this proposed AD. Required parts would safety, Incorporation by reference, interval for the initial inspection, clarifies the Safety. time for replacement of the valve(s) specified cost about $0 per product. Where the in Paragraphs 1.2 and 2.2, and clarifies the service information lists required parts The Proposed Amendment labeling of the inspected valves in Paragraph costs that are covered under warranty, 3 of this directive. we have assumed that there will be no Accordingly, under the authority delegated to me by the Administrator, Required actions include doing charge for these costs. As we do not control warranty coverage for affected the FAA proposes to amend 14 CFR part detailed inspections of the left-hand and 39 as follows: right-hand spoiler unload and rudder parties, some parties may incur costs shutoff valve for leaking and weeping, higher than estimated here. The average PART 39—AIRWORTHINESS replacing discrepant left-hand and right- labor rate is $80 per work-hour. Based DIRECTIVES hand spoiler unload and rudder shutoff on these figures, we estimate the cost of valves with new or serviceable valves, the proposed AD on U.S. operators to be 1. The authority citation for part 39 and eventually replacing all valves $14,640, or $240 per product. continues to read as follows: having a certain part number. You may Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. obtain further information by examining the MCAI in the AD docket. Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding Relevant Service Information rules on aviation safety. Subtitle I, the following new AD: Bombardier has issued Service section 106, describes the authority of BOMBARDIER, INC. (Formerly de Bulletins 84–27–37 and 84–27–39, both the FAA Administrator. ‘‘Subtitle VII: Havilland, Inc.): Docket No. FAA–2009– dated February 5, 2009. The actions Aviation Programs,’’ describes in more 1223; Directorate Identifier 2009–NM– described in this service information are detail the scope of the Agency’s 114–AD. authority. intended to correct the unsafe condition Comments Due Date identified in the MCAI. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, (a) We must receive comments by February FAA’s Determination and Requirements Part A, Subpart III, Section 44701: 16, 2010. of This Proposed AD General requirements.’’ Under that Affected ADs This product has been approved by section, Congress charges the FAA with (b) None. the aviation authority of another promoting safe flight of civil aircraft in country, and is approved for operation air commerce by prescribing regulations Applicability in the United States. Pursuant to our for practices, methods, and procedures (c) This AD applies to Bombardier, Inc. bilateral agreement with the State of the Administrator finds necessary for Model DHC–8–400, DHC–8–401, and DHC– Design Authority, we have been notified safety in air commerce. This regulation 8–402 series airplanes, certificated in any of the unsafe condition described in the is within the scope of that authority category, serial numbers 4105 through 4179 inclusive. MCAI and service information because it addresses an unsafe condition referenced above. We are proposing this that is likely to exist or develop on Subject AD because we evaluated all pertinent products identified in this rulemaking (d) Air Transport Association (ATA) of information and determined an unsafe action. America Code 27: Flight controls. condition exists and is likely to exist or Regulatory Findings Reason develop on other products of the same type design. We determined that this proposed AD (e) The mandatory continuing would not have federalism implications airworthiness information (MCAI) states: Differences between this AD and the under Executive Order 13132. This During final Acceptance Test Procedure MCAI or Service Information (ATP), a small oil leak was discovered on the proposed AD would not have a Spoiler Unload Valve and Rudder Shutoff We have reviewed the MCAI and substantial direct effect on the States, on Valve bodies. Investigation revealed that a related service information and, in the relationship between the national number of valves were manufactured with an general, agree with their substance. But Government and the States, or on the incorrect wall thickness. This thin wall we might have found it necessary to use distribution of power and condition caused cracking, subsequent

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external weeping and pressure loss from the (3) As of the effective date of this AD, no DEPARTMENT OF TRANSPORTATION subject valves. person may install a spoiler unload valves This condition, if not corrected, will cause assembly having (P/N) 396000–1005, having Federal Aviation Administration a loss of hydraulic fluid and subsequent loss a serial number 0289 through 0424 inclusive, of spoiler and/or rudder control. or rudder shutoff valve having (P/N) 412700– 14 CFR Part 39 Revision 1 of this directive mandates a new 1001, having a serial number from 0239 interval for the initial inspection, clarifies the [Docket No. FAA–2009–1224; Directorate through 0384 inclusive, on any airplane, time for replacement of the valve(s) specified Identifier 2009–NM–118–AD] in Paragraphs 1.2 and 2.2, and clarifies the unless the valve has been inspected by the labeling of the inspected valves in Paragraph manufacturer and labeled with a suffix ‘‘A’’ RIN 2120–AA64 3 of this directive. after the serial number. Required actions include doing detailed Airworthiness Directives; The Boeing FAA AD Differences inspections of the left-hand and right-hand Company Model 737–200, –300, –400, spoiler unload and rudder shutoff valve for Note 1: This AD differs from the MCAI and –500 Series Airplanes leaking and weeping, replacing discrepant and/or service information as follows: No AGENCY: Federal Aviation left-hand and right-hand spoiler unload and differences. rudder shutoff valves with new or serviceable Administration (FAA), Department of valves, and eventually replacing all valves Other FAA AD Provisions Transportation (DOT). having a certain part number. ACTION: (h) The following provisions also apply to Notice of proposed rulemaking Compliance this AD: (NPRM). (f) You are responsible for having the (1) Alternative Methods of Compliance SUMMARY: The FAA proposes to actions required by this AD performed within (AMOCs): The Manager, New York Aircraft supersede an existing airworthiness the compliance times specified, unless the Certification Office (ACO), ANE–170, FAA, directive (AD) that applies to certain actions have already been done. has the authority to approve AMOCs for this Model 737–300, –400, and –500 series Actions AD, if requested using the procedures found airplanes. The existing AD currently in 14 CFR 39.19. Send information to ATTN: (g) Do the actions in paragraphs (g)(1), requires an inspection to determine the Program Manager, Continuing Operational (g)(2), and (g)(3) of this AD, as applicable. manufacturer and manufacture date of (1) For airplanes having serial numbers Safety, FAA, New York ACO, 1600 Stewart the oxygen masks in the passenger Avenue, Suite 410, Westbury, New York, 4105 through 4172 inclusive: Within 750 service unit and the lavatory and 11590; telephone 516–228–7300; fax 516– flight hours after the effective date of this AD, attendant box assemblies, corrective 794–5531. Before using any approved AMOC do a detailed inspection of the left-hand and action if necessary, and other specified right-hand spoiler unload valves having part on any airplane to which the AMOC applies, action. This proposed AD would expand number (P/N) 396000–1005 for leaking and notify your principal maintenance inspector weeping, in accordance with the (PMI) or principal avionics inspector (PAI), the applicability in the existing AD. Accomplishment Instructions of Bombardier as appropriate, or lacking a principal This AD results from a determination Service Bulletin 84–27–37, dated February 5, inspector, your local Flight Standards District indicating that additional airplanes may 2009. Office. The AMOC approval letter must be subject to the identified unsafe (i) If any leaking or weeping is found, prior specifically reference this AD. condition. We are proposing this AD to to further flight, replace the affected spoiler prevent the in-line flow indicators of the unload valve with a new or serviceable valve, (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from passenger oxygen masks from fracturing in accordance with the Accomplishment and separating, which could inhibit Instructions of Bombardier Service Bulletin a manufacturer or other source, use these 84–27–37, dated February 5, 2009. actions if they are FAA-approved. Corrective oxygen flow to the masks and (ii) If no leaking and no weeping are found, actions are considered FAA-approved if they consequently result in exposure of the replace the valves with new or serviceable are approved by the State of Design Authority passengers and cabin attendants to valves within 6,000 flight hours after the (or their delegated agent). You are required hypoxia following a depressurization initial inspection required by paragraph (g)(1) to assure the product is airworthy before it event. of this AD, in accordance with the is returned to service. DATES: We must receive comments on Accomplishment Instructions of Bombardier (3) Reporting Requirements: For any this proposed AD by February 16, 2010. Service Bulletin 84–27–37, dated February 5, reporting requirement in this AD, under the 2009. ADDRESSES: You may send comments by provisions of the Paperwork Reduction Act (2) For airplanes having serial numbers any of the following methods: (44 U.S.C. 3501 et seq.), the Office of 4113 through 4179 inclusive: Within 750 • Federal eRulemaking Portal: Go to Management and Budget (OMB) has flight hours after the effective date of this AD, http://www.regulations.gov. Follow the approved the information collection do a detailed inspection of the left-hand and instructions for submitting comments. requirements and has assigned OMB Control right-hand rudder shutoff valves having P/N • Fax: 202–493–2251. Number 2120–0056. 412700–1001 for leaking and weeping, in • Mail: U.S. Department of accordance with the Accomplishment Related Information Instructions of Bombardier Service Bulletin Transportation, Docket Operations, M– 84–27–39, dated February 5, 2009. (i) Refer to MCAI Canadian Airworthiness 30, West Building Ground Floor, Room (i) If any leaking or weeping is found, prior Directive CF–2009–25R1, dated July 23, W12–140, 1200 New Jersey Avenue, SE., to further flight, replace the affected rudder 2009; Bombardier Service Bulletin 84–27–37, Washington, DC 20590. shutoff valve with a new or serviceable valve, dated February 5, 2009; and Bombardier • Hand Delivery: U.S. Department of in accordance with the Accomplishment Service Bulletin 84–27–39, dated February 5, Transportation, Docket Operations, M– Instructions of Bombardier Service Bulletin 2009; for related information. 30, West Building Ground Floor, Room 84–27–39, dated February 5, 2009. W12–140, 1200 New Jersey Avenue, SE., Issued in Renton, Washington, on (ii) If no leaking and no weeping are found, Washington, DC 20590, between 9 a.m. December 21, 2009. replace the valves with new or serviceable and 5 p.m., Monday through Friday, valves within 6,000 flight hours after the Ali Bahrami, initial inspection required by paragraph (g)(2) except Federal holidays. Manager, Transport Airplane Directorate, of this AD, in accordance with the For service information identified in Aircraft Certification Service. Accomplishment Instructions of Bombardier this proposed AD, contact Boeing Service Bulletin 84–27–39, dated February 5, [FR Doc. E9–30905 Filed 12–29–09; 8:45 am] Commercial Airplanes, Attention: Data 2009. BILLING CODE 4910–13–P & Services Management, P. O. Box 3707,

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MC 2H–65, Seattle, Washington 98124– manufacturer and manufacture date of Costs of Compliance 2207; telephone 206–544–5000, the oxygen masks in the passenger There are about 1,981 airplanes of the extension 1, fax 206–766–5680; e-mail service unit and the lavatory and affected design in the worldwide fleet. [email protected]; Internet attendant box assemblies, corrective This proposed AD would affect about https://www.myboeingfleet.com. You action if necessary, and other specified 666 airplanes of U.S. registry. may review copies of the referenced actions. That AD resulted from a report The actions that are required by AD service information at the FAA, that several passenger masks with 2008–06–24 and retained in this Transport Airplane Directorate, 1601 broken in-line flow indicators were proposed AD affect about 646 airplanes Lind Avenue, SW., Renton, Washington. found following a mask deployment. We of U.S. registry. The required actions For information on the availability of issued that AD to prevent the in-line take about 16 work hours per airplane, this material at the FAA, call 425–227– flow indicators of the passenger oxygen for an average of 180 oxygen masks per 1221 or 425–227–1152. masks from fracturing and separating, airplane distributed in about 45 PSUs/ Examining the AD Docket which could inhibit oxygen flow to the oxygen boxes, at an average labor rate of masks and consequently result in $80 per work hour. Required parts cost You may examine the AD docket on exposure of the passengers and cabin the Internet at http:// about $6 per oxygen mask, or $1,080 per attendants to hypoxia following a airplane. Based on these figures, the www.regulations.gov; or in person at the depressurization event. Docket Management Facility between 9 estimated cost of the existing AD for a.m. and 5 p.m., Monday through Actions Since Existing AD Was Issued U.S. operators is $1,524,560, or $2,360 per airplane. Friday, except Federal holidays. The AD Since we issued AD 2008–06–24, we docket contains this proposed AD, the This proposed AD would be have determined that the oxygen masks applicable to approximately 20 regulatory evaluation, any comments on the affected Model 737–300, –400, received, and other information. The additional airplanes. Based on the and –500 series airplanes have the same street address for the Docket Office figures discussed above, we estimate the flow indicators as those installed on (telephone 800–647–5527) is in the costs for the additional airplanes certain Model 737–200 series airplanes; ADDRESSES section. Comments will be imposed by this proposed AD on U.S. therefore, Model 737–200 series available in the AD docket shortly after operators to be $47,200, or $2,360 per airplanes may be also subject to the receipt. airplane. This figure is based on identified unsafe condition. FOR FURTHER INFORMATION CONTACT: assumptions that no operator of these Robert Hettman, Aerospace Engineer, Relevant Service Information additional airplanes has yet done any of Cabin Safety and Environmental the proposed requirements of this AD, We have reviewed Boeing Special Systems Branch, ANM–150S, FAA, and that no operator would do those Attention Service Bulletin 737–35– Seattle Aircraft Certification Office, actions in the future if this AD were not 1099, Revision 1, dated April 23, 2009. 1601 Lind Avenue, SW., Renton, adopted. The specified actions are essentially Washington 98057–3356; telephone identical to those specified in Boeing Authority for This Rulemaking (425) 917–6457; fax (425) 917–6590. Special Attention Service Bulletin 737– Title 49 of the United States Code SUPPLEMENTARY INFORMATION: 35–1099, dated April 9, 2007 (which we specifies the FAA’s authority to issue Comments Invited cited in the existing AD). Revision 1 of rules on aviation safety. Subtitle I, We invite you to send any written Boeing Special Attention Service Section 106, describes the authority of relevant data, views, or arguments about Bulletin 737–35–1099 expands the the FAA Administrator. Subtitle VII, this proposed AD. Send your comments effectivity of the service bulletin by Aviation Programs, describes in more to an address listed under the adding Model 737–200 series airplanes detail the scope of the Agency’s ADDRESSES section. Include ‘‘Docket No. that may have been delivered with B/E authority. FAA–2009–1224; Directorate Identifier Aerospace oxygen assemblies, identified We are issuing this rulemaking under 2009–NM–118–AD’’ at the beginning of in B/E Aerospace Service Bulletin the authority described in Subtitle VII, your comments. We specifically invite 174080–35–01, before January 1, 2002, Part A, Subpart III, Section 44701, comments on the overall regulatory, and that have had the oxygen mask ‘‘General requirements.’’ Under that economic, environmental, and energy assemblies replaced with assemblies section, Congress charges the FAA with aspects of this proposed AD. We will manufactured between January 1, 2002, promoting safe flight of civil aircraft in consider all comments received by the and March 1, 2006. B/E Aerospace air commerce by prescribing regulations closing date and may amend this Service Bulletin 174080–35–01 was for practices, methods, and procedures proposed AD because of those referred to in the existing AD as an the Administrator finds necessary for comments. additional source of guidance for safety in air commerce. This regulation We will post all comments we modifying the oxygen mask assembly. is within the scope of that authority receive, without change, to http:// FAA’s Determination and Requirements because it addresses an unsafe condition www.regulations.gov, including any of the Proposed AD that is likely to exist or develop on personal information you provide. We products identified in this rulemaking will also post a report summarizing each We have evaluated all pertinent action. information and identified an unsafe substantive verbal contact we receive Regulatory Findings about this proposed AD. condition that is likely to develop on other products of the same type design. We have determined that this Discussion For this reason, we are proposing this proposed AD would not have federalism On March 9, 2008, we issued AD AD, which would supersede AD 2008– implications under Executive Order 2008–06–24, Amendment 39–15436 (73 06–24 and would retain the 13132. This proposed AD would not FR 14666, March 19, 2008), for certain requirements of the existing AD. This have a substantial direct effect on the Model 737–300, –400, and –500 series proposed AD would expand the States, on the relationship between the airplanes. That AD requires an applicability to include Model 737–200 national Government and the States, or inspection to determine the series airplanes. on the distribution of power and

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responsibilities among the various assemblies; several masks had broken in-line May 28, 2008; as additional sources of levels of government. flow indicators. The Federal Aviation guidance for modifying the oxygen mask For the reasons discussed above, I Administration is issuing this AD to prevent assembly by replacing the flow indicator certify that the proposed regulation: the in-line flow indicators of the passenger with an improved flow indicator. oxygen masks from fracturing and separating, 1. Is not a ‘‘significant regulatory which could inhibit oxygen flow to the Parts Installation action’’ under Executive Order 12866; masks and consequently result in exposure of 2. Is not a ‘‘significant rule’’ under the the passengers and cabin attendants to (i) As of the effective date of this AD, no DOT Regulatory Policies and Procedures hypoxia following a depressurization event. person may install a B/E Aerospace oxygen mask assembly having a part number in the (44 FR 11034, February 26, 1979); and Compliance 3. Will not have a significant 174080 series or 174095 series with a economic impact, positive or negative, (f) You are responsible for having the manufacturing date after January 1, 2002, and actions required by this AD performed within on a substantial number of small entities before March 1, 2006, on any airplane, unless the compliance times specified, unless the it has been modified in accordance with the under the criteria of the Regulatory actions have already been done. Flexibility Act. requirements of paragraph (g) or (h) of this We prepared a regulatory evaluation Restatement of Requirements of AD 2008– AD. 06–24, with New Service Information of the estimated costs to comply with Credit for Actions Done In Accordance With this proposed AD and placed it in the Inspection and Related Investigative/ Previous Issue of the Service Bulletin Corrective Actions if Necessary AD docket. See the ADDRESSES section (j) Actions done before the effective date of for a location to examine the regulatory (g) For airplanes identified in Boeing this AD, in accordance with Boeing Special evaluation. Special Attention Service Bulletin 737–35– Attention Service Bulletin 737–35–1099, 1099, dated April 9, 2007: Within 60 months dated April 9, 2007, are acceptable for List of Subjects in 14 CFR Part 39 after April 23, 2008 (the effective date of AD 2008–06–24), do a general visual inspection compliance with the requirements of Air transportation, Aircraft, Aviation paragraph (g) of this AD. safety, Incorporation by reference, to determine the manufacturer and manufacture date of the oxygen masks in the Alternative Methods of Compliance (AMOCs) Safety. passenger service unit and the lavatory and The Proposed Amendment attendant box assemblies, and do the (k)(1) The Manager, Seattle Aircraft applicable corrective action and other Certification Office (ACO), FAA, has the Accordingly, under the authority specified action, by accomplishing all of the authority to approve AMOCs for this AD, if delegated to me by the Administrator, applicable actions specified in the requested using the procedures found in 14 the FAA proposes to amend 14 CFR part Accomplishment Instructions of Boeing CFR 39.19. Send information to ATTN: 39 as follows: Special Attention Service Bulletin 737–35– Robert Hettman, Aerospace Engineer, Cabin 1099, dated April 9, 2007; or Revision 1, Safety and Environmental Systems Branch, PART 39—AIRWORTHINESS dated April 23, 2009; except where the ANM–150S, FAA, Seattle Aircraft service bulletin specifies repairing the DIRECTIVES Certification Office, 1601 Lind Avenue, SW., oxygen mask assembly, replace it with a new 1. The authority citation for part 39 or modified oxygen mask assembly having an Renton, Washington 98057–3356; telephone continues to read as follows: improved flow indicator. The corrective (425) 917–6457; fax (425) 917–6590. Or, e- action and other specified action must be mail information to 9-ANM-Seattle-ACO- Authority: 49 U.S.C. 106(g), 40113, 44701. done before further flight. As of the effective [email protected]. § 39.13 [Amended] date of this AD, use only Revision 1 of (2) To request a different method of Boeing Special Attention Service Bulletin compliance or a different compliance time 2. The FAA amends § 39.13 by 737–35–1099. for this AD, follow the procedures in 14 CFR removing Amendment 39–15436 (73 FR New Requirements of This AD 39.19. Before using any approved AMOC on 14666, March 19, 2008) and adding the any airplane to which the AMOC applies, following new AD: Inspection and Related Investigative/ notify your principal maintenance inspector The Boeing Company: Docket No. FAA– Corrective Actions if Necessary (PMI) or principal avionics inspector (PAI), 2009–1224; Directorate Identifier 2009–NM– (h) For airplanes other than those as appropriate, or lacking a principal 118–AD. identified in paragraph (g) of this AD: Within inspector, your local Flight Standards District Comments Due Date 60 months after the effective date of this AD, Office. The AMOC approval letter must do a general visual inspection to determine specifically reference this AD. (a) The FAA must receive comments on the manufacturer and manufacture date of (3) An AMOC that provides an acceptable this AD action by February 16, 2010. the oxygen masks in the passenger service level of safety may be used for any repair Affected ADs unit and the lavatory and attendant box assemblies, and do the applicable corrective required by this AD, if it is approved by an (b) This AD supersedes AD 2008–06–24, action and other specified action, by Authorized Representative for the Boeing Amendment 39–15436. accomplishing all of the applicable actions Commercial Airplanes Delegation Option Applicability specified in the Accomplishment Authorization Organization who has been Instructions of Boeing Special Attention (c) This AD applies to The Boeing authorized by the Manager, Seattle ACO, to Service Bulletin 737–35–1099, Revision 1, Company Model 737–200, –300, –400, and make those findings. For a repair method to dated April 23, 2009; except where the –500 series airplanes, certificated in any be approved, the repair must meet the service bulletin specifies repairing the category; as identified in Boeing Special certification basis of the airplane. oxygen mask assembly, replace it with a new Attention Service Bulletin 737–35–1099, or modified oxygen mask assembly having an Issued in Renton, Washington, on Revision 1, dated April 23, 2009. improved flow indicator. The corrective December 21, 2009. Subject action and other specified action must be Ali Bahrami, done before further flight. (d) Air Transport Association (ATA) of Manager, Transport Airplane Directorate, America Code 35: Oxygen. Note 1: Boeing Special Attention Service Aircraft Certification Service. Bulletin 737–35–1099, dated April 9, 2007; Unsafe Condition and Revision 1, dated April 23, 2009; refer [FR Doc. E9–30902 Filed 12–29–09; 8:45 am] (e) The existing AD results from a report to B/E Aerospace Service Bulletin 174080– BILLING CODE 4910–13–P of a sudden decrease in cabin pressure and 35–01, dated February 6, 2006; Revision 1, deployment of the passenger oxygen mask dated May 1, 2006; and Revision 2, dated

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DEPARTMENT OF THE TREASURY Background and Explanation of to avoid the application of section 304. Provisions If such factors should be included, Internal Revenue Service Temporary regulations in the Rules specific examples are requested. See, for and Regulations section of this issue of example, Prop. Treas. Reg. § 1.987– 26 CFR Part 1 the Federal Register amend the Income 2(b)(3)(ii) and (iii). Tax Regulations (26 CFR part 1) relating [REG–132232–08] All comments will be available for to section 304 of the Code. The text of public inspection and copying. A public the temporary regulations serves as the RIN 1545–BI13 hearing will be scheduled if requested text of these proposed regulations. The in writing by any person that timely Use of Controlled Corporations To preamble to the temporary regulations submits written comments. If a public Avoid the Application of Section 304 explains the temporary regulations and hearing is scheduled, notice of the date, these proposed regulations. time, and place for the public hearing AGENCY: Internal Revenue Service (IRS), will be published in the Federal Treasury. Special Analyses Register. ACTION: Notice of proposed rulemaking It has been determined that this notice by cross-reference to temporary of proposed rulemaking is not a Drafting Information regulations. significant regulatory action as defined in Executive Order 12866. Therefore, a The principal author of these SUMMARY: In the Rules and Regulations regulatory assessment is not required. It proposed regulations is Sean W. section of this issue of the Federal is hereby certified that the collections of Mullaney of the Office of Associate Register, the IRS and the Treasury information contained in these Chief Counsel (International). However, Department are issuing temporary regulations will not have a significant other personnel from the IRS and the regulations under section 304 of the economic impact on a substantial Treasury Department participated in Internal Revenue Code (Code). The number of small entities. Accordingly, a their development. temporary regulations apply to certain regulatory flexibility analysis is not transactions that are subject to section required. These regulations primarily List of Subjects in 26 CFR Part 1 304 but that are entered into with a will affect United States persons that are Income taxes, Reporting and principal purpose of avoiding the large corporations engaged in corporate recordkeeping requirements. application of section 304 to a transactions among their controlled corporation controlled by the issuing corporations. Thus, the number of Proposed Amendments to the corporation in the transaction, or to a affected small entities—in whichever of Regulations corporation that controls the acquiring the three categories defined in the corporation in the transaction. The Regulatory Flexibility Act (small Accordingly, 26 CFR part 1 is temporary regulations affect businesses, small organizations, and proposed to be amended as follows: shareholders treated as receiving small governmental jurisdictions)—will distributions in redemption of stock by not be substantial. The IRS and the PART 1—INCOME TAXES reason of section 304. The text of Treasury Department estimate that small temporary regulations published in this organizations and small governmental Paragraph 1. The authority citation issue of the Federal Register serves as jurisdictions are likely to be affected for part 1 continues to read in part as the text of these proposed regulations. only insofar as they transfer the stock of follows: DATES: Written or electronic comments a controlled corporation to a related Authority: 26 U.S.C. 7805 * * *. and requests for a public hearing must corporation. While a certain number of be received by March 30, 2010. small entities may engage in such Par. 2. Section 1.304–4 is revised to read as follows: ADDRESSES: Send submissions to: transactions, the IRS and the Treasury CC:PA:LPD:PR (REG–132232–08), room Department do not anticipate the § 1.304–4 Special rule for the use of 5203, Internal Revenue Service, P.O. number to be substantial. Pursuant to related corporations to avoid the Box 7604, Ben Franklin Station, section 7805(f) of the Code, this application of section 304. Washington, DC 20044. Submissions regulation has been submitted to the may be hand-delivered Monday through Chief Counsel for Advocacy of the Small [The text of proposed § 1.304–4 is the Friday between the hours of 8 a.m. and Business Administration for comment same as the text of § 1.304–4T(a) 4 p.m. to CC:PA:LPD:PR (REG–132232– on its impact on small business. through (d) published elsewhere in this issue of the Federal Register.] 08), Courier’s Desk, Internal Revenue Comments and Requests for a Public Service, 1111 Constitution Avenue, Hearing Linda E. Stiff, NW., Washington, DC, or sent Before these proposed regulations are Deputy Commissioner for Services and electronically via the Federal Enforcement. eRulemaking Portal at http:// adopted as final regulations, [FR Doc. E9–30863 Filed 12–29–09; 8:45 am] www.regulations.gov (IRS REG–132232– consideration will be given to any 08). electronic or written comments (a BILLING CODE 4830–01–P signed original and eight (8) copies) that FOR FURTHER INFORMATION CONTACT: are submitted timely to the IRS. The IRS Concerning the proposed regulations, and the Treasury Department Sean W. Mullaney, (202) 622–3860; specifically request comments on the concerning submissions of comments or clarity of the proposed rules and how requests for a public hearing, Richard they can be made easier to understand. Hurst at (202) 622–7180 (not toll-free Comments are also requested as to numbers) or whether the regulations should include [email protected]. factors that are indicative of a principal SUPPLEMENTARY INFORMATION: purpose, or lack of a principal purpose,

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DEPARTMENT OF HOMELAND e-mail [email protected]. If Viewing Comments and Documents SECURITY you have questions on viewing or To view comments, as well as submitting material to the docket, call documents mentioned in this preamble Coast Guard Renee V. Wright, Program Manager, as being available in the docket, go to Docket Operations, telephone 202–366– http://www.regulations.gov, click on the 33 CFR Part 100 9826. ‘‘read comments’’ box, which will then [Docket No. USCG–2009–0965] SUPPLEMENTARY INFORMATION: become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2009– RIN 1625–AA08 Public Participation and Request for Comments 0965’’ and click ‘‘Search.’’ Click the Special Local Regulation; Ironman 70.3 ‘‘Open Docket Folder’’ in the ‘‘Actions’’ We encourage you to participate in column. You may also visit the Docket California; Oceanside Harbor, this rulemaking by submitting Oceanside, CA Management Facility in Room W12–140 comments and related materials. All on the ground floor of the Department AGENCY: Coast Guard, DHS. comments received will be posted of Transportation West Building, 1200 without change to http:// ACTION: Notice of proposed rulemaking. New Jersey Avenue SE., Washington, www.regulations.gov and will include DC 20590, between 9 a.m. and 5 p.m., SUMMARY: The Coast Guard proposes any personal information you have Monday through Friday, except Federal temporary Special Local Regulation provided. holidays. We have an agreement with within the navigable waters of Submitting Comments the Department of Transportation to use Oceanside Harbor for the Ironman 70.3 the Docket Management Facility. If you submit a comment, please California. This temporary Special Local include the docket number for this Privacy Act Regulation is necessary to provide safety rulemaking (USCG–2009–0965), for the swimmers, crew, spectators, Anyone can search the electronic indicate the specific section of this vessels and other users of the waterway. form of comments received into any of document to which each comment Persons and vessels are prohibited from our dockets by the name of the applies, and provide a reason for each entering into, transiting through, or individual submitting the comment (or suggestion or recommendation. You signing the comment, if submitted on anchoring within this Special Local may submit your comments and Regulation unless authorized by the behalf of an association, business, labor material online (via http:// union, etc.). You may review a Privacy Captain of the Port or his designated www.regulations.gov) or by fax, mail, or representative. Act notice regarding our public dockets hand delivery, but please use only one in the January 17, 2008, issue of the DATES: Comments and related material of these means. If you submit a Federal Register (73 FR 3316). must be received by the Coast Guard on comment online via http:// or before January 29, 2010. Requests for www.regulations.gov, it will be Public Meeting public meetings must be received by the considered received by the Coast Guard We do not now plan to hold a public Coast Guard on or before January 20, when you successfully transmit the meeting. But you may submit a request 2010. comment. If you fax, hand deliver, or for one using one of the four methods mail your comment, it will be ADDRESSES: You may submit comments specified under ADDRESSES. Please identified by docket number USCG– considered as having been received by explain why you believe a public the Coast Guard when it is received at 2009–0965 using any one of the meeting would be beneficial. If we the Docket Management Facility. We following methods: determine that one would aid this recommend that you include your name (1) Federal eRulemaking Portal: rulemaking, we will hold one at a time and a mailing address, an e-mail http://www.regulations.gov. and place announced by a later notice address, or a telephone number in the (2) Fax: 202–493–2251. in the Federal Register. body of your document so that we can (3) Mail: Docket Management Facility contact you if we have questions Background and Purpose (M–30), U.S. Department of regarding your submission. World Triathlon Corporation is Transportation, West Building Ground To submit your comment online, go to Floor, Room W12–140, 1200 New Jersey sponsoring the Ironman 70.3 California. http://www.regulations.gov, click on the The event will consist of 2,200 Avenue, SE., Washington, DC 20590– ‘‘submit a comment’’ box, which will 0001. participants. The waterside swim course then become highlighted in blue. In the consists of a 1.2 mile loop in the South (4) Hand delivery: Same as mail ‘‘Document Type’’ drop down menu address above, between 9 a.m. and 5 Oceanside Harbor. The course requires select ‘‘Proposed Rule’’ and insert a Special Local Regulation while the p.m., Monday through Friday, except ‘‘USCG–2009–0965’’ in the ‘‘Keyword’’ Federal holidays. The telephone number swimmers are on the course, thus box. Click ‘‘Search’’ then click on the restricting vessel traffic within the is 202–366–9329. balloon shape in the ‘‘Actions’’ column. To avoid duplication, please use only Oceanside Harbor for three hours. There If you submit your comments by mail or will be 25 to 30 safety vessels provided one of these four methods. See the hand delivery, submit them in an ‘‘Public Participation and Request for by the sponsor to enforce the Special unbound format, no larger than 81⁄2 by Local Regulation. Comments’’ portion of the 11 inches, suitable for copying and SUPPLEMENTARY INFORMATION section electronic filing. If you submit Discussion of Proposed Rule below for instructions on submitting comments by mail and would like to The Coast Guard proposes to establish comments. know that they reached the Facility, a Special Local Regulation from 6:40 FOR FURTHER INFORMATION CONTACT: If please enclose a stamped, self-addressed a.m. to 9:30 a.m. on Saturday, March 27, you have questions on this proposed postcard or envelope. We will consider 2010 for the Ironman 70.3 California. rule, call or e-mail Petty Officer Corey all comments and material received This temporary Special Local McDonald, Waterways Management, during the comment period and may Regulation is necessary for the safety of U.S. Coast Guard Sector San Diego, change the rule based on your the swimmers and staff and will affect Coast Guard; telephone 619–278–7262, comments. the use of the waterway during the

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period of the event. The limits of this organizations that are independently Paperwork Reduction Act of 1995 (44 temporary Special Local Regulation are owned and operated and are not U.S.C. 3501–3520). the waters of Oceanside Harbor dominant in their fields, and Federalism encompassed by the following governmental jurisdictions with coordinates: populations of less than 50,000. A rule has implications for federalism 33°12.54′ N, 117°24.12′ W; The Coast Guard certifies under 5 under Executive Order 13132, 33°12.52′ N, 117°23.75′ W; U.S.C. 605(b) that this proposed rule Federalism, if it has a substantial direct 33°12.49′ N, 117°23.66′ W; would not have a significant economic effect on State or local governments and 33°12.37′ N, 117°23.54′ W; impact on a substantial number of small would either preempt State law or 33°12.32′ N, 117°23.55′ W; entities. impose a substantial direct cost of 33°12.43′ N, 117°23.69′ W; This proposed rule would affect the compliance on them. We have analyzed 33°12.46′ N, 117°23.79′ W; following entities, some of which might ° ′ ° ′ this proposed rule under that Order and 33 12.41 N, 117 23.96 W; be small entities: The owners or have determined that it does not have 33°12.44′ N, 117°23.98′ W; operators of vessels intending to transit 33°12.45′ N, 117°24.12′ W; implications for federalism. ° ′ ° ′ or anchor in a portion of the Oceanside 33 12.54 N, 117 24.12 W. Harbor from 6:40 a.m. to 9:30 a.m. on Unfunded Mandates Reform Act The Coast Guard will enforce the March 27, 2010. The Unfunded Mandates Reform Act Special Local Regulation and may be This Special Local Regulation would of 1995 (2 U.S.C. 1531–1538) requires assisted by other Federal, State, or local not have a significant economic impact Federal agencies to assess the effects of agencies, including the Coast Guard on a substantial number of small entities their discretionary regulatory actions. In Auxiliary. The Special Local Regulation for the following reasons. This rule particular, the Act addresses actions is necessary to provide for the safety of would be in effect for less than 3 hours that may result in the expenditure by a the swimmers, spectators, vessels and early in the day when vessel traffic is State, local, or Tribal government, in the other users of the waterway. Persons low. Although the Special Local aggregate, or by the private sector of and vessels will be prohibited from Regulation would apply to the entire $100,000,000 or more in any one year. entering into, transiting through, or width of the south harbor, traffic would Though this proposed rule would not anchoring within this Special Local be allowed to pass through the zone result in such an expenditure, we do Regulation unless authorized by the with the permission of the Coast Guard discuss the effects of this rule elsewhere Captain of the Port, or his designated patrol commander. Before the effective in this preamble. representative. period, the Coast Guard will publish a local notice to mariners (LNM) and will Taking of Private Property Regulatory Analyses issue broadcast notice to mariners We developed this proposed rule after This proposed rule would not effect a (BNM) alerts via marine channel 16 taking of private property or otherwise considering numerous statutes and VHF before the Special Local Regulation executive orders related to rulemaking. have taking implications under is enforced. Executive Order 12630, Governmental Below we summarize our analyses If you think that your business, Actions and Interference with based on 13 of these statutes or organization, or governmental Constitutionally Protected Property executive orders. jurisdiction qualifies as a small entity Rights. Regulatory Planning and Review and that this rule would have a significant economic impact on it, Civil Justice Reform This proposed rule is not a significant please submit a comment (see This proposed rule meets applicable regulatory action under section 3(f) of ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of Executive Order 12866, Regulatory qualifies and how and to what degree Executive Order 12988, Civil Justice Planning and Review, and does not this rule would economically affect it. require an assessment of potential costs Reform, to minimize litigation, and benefits under section 6(a)(3) of that Assistance for Small Entities eliminate ambiguity, and reduce Order. The Office of Management and Under section 213(a) of the Small burden. Budget has not reviewed it under that Business Regulatory Enforcement Protection of Children Order. We expect the economic impact Fairness Act of 1996 (Pub. L. 104–121), of this proposed rule to be so minimal we want to assist small entities in We have analyzed this proposed rule that a full Regulatory Evaluation is understanding this proposed rule so that under Executive Order 13045, unnecessary. This determination is they can better evaluate its effects on Protection of Children from based on the size, location, and duration them and participate in the rulemaking. Environmental Health Risks and Safety of the Special Local Regulation. If the rule would affect your small Risks. This rule is not an economically Commercial vessels will not be business, organization, or governmental significant rule and would not create an hindered by the Special Local jurisdiction and you have questions environmental risk to health or risk to Regulation. Recreational vessels will not concerning its provisions or options for safety that might disproportionately be allowed to transit through the compliance, please contact Petty Officer affect children. designated Special Local Regulation Corey McDonald, Waterways Indian Tribal Governments during the specified times. Management, U.S. Coast Guard Sector This proposed rule does not have Small Entities San Diego, Coast Guard at (619) 278– 7262. The Coast Guard will not retaliate Tribal implications under Executive Under the Regulatory Flexibility Act against small entities that question or Order 13175, Consultation and (5 U.S.C. 601–612), we have considered complain about this proposed rule or Coordination with Indian Tribal whether this proposed rule would have any policy or action of the Coast Guard. Governments, because it would not have a significant economic impact on a a substantial direct effect on one or substantial number of small entities. Collection of Information more Indian Tribes, on the relationship The term ‘‘small entities’’ comprises This proposed rule would call for no between the Federal Government and small businesses, not-for-profit new collection of information under the Indian Tribes, or on the distribution of

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power and responsibilities between the lead to the discovery of a significant of the Port, San Diego, to patrol the Federal Government and Indian Tribes. environmental impact from this events. proposed rule. (2) No spectators shall anchor, block, Energy Effects loiter in, or impede the transit of List of Subjects in 33 CFR Part 100 We have analyzed this proposed rule participants or official patrol vessels in under Executive Order 13211, Actions Marine safety, Navigation (water), the regulated area during the effective Concerning Regulations That Reporting and recordkeeping dates and times, unless cleared for such Significantly Affect Energy Supply, requirements, Waterways. by or through an official patrol vessel. Distribution, or Use. We have For the reasons discussed in the (3) When hailed by an official patrol determined that it is not a ‘‘significant preamble, the Coast Guard proposes to vessel, a spectator shall come to an energy action’’ under that order because amend 33 CFR part 100 as follows: immediate stop. Vessels shall comply it is not a ‘‘significant regulatory action’’ with all directions given. Failure to do under Executive Order 12866 and is not PART 100—SAFETY OF LIFE ON so may result in a citation. likely to have a significant adverse effect NAVIGABLE WATERS (4) The Patrol Commander is on the supply, distribution, or use of empowered to forbid and control the energy. The Administrator of the Office 1. The authority citation for part 100 continues to read as follows: movement of all vessels in the regulated of Information and Regulatory Affairs area. The Patrol Commander shall be has not designated it as a significant Authority: 33 U.S.C. 1233. designated by the Captain of the Port, energy action. Therefore, it does not 2. Add a new temporary Special Local San Diego, and as his or her require a Statement of Energy Effects Regulation § 100.35T11–254 to read as representative and may terminate the under Executive Order 13211. follows: event for the protection of life and Technical Standards property. He or she may be reached on § 100.35T11–254 Special Local Regulation; VHF Channel 16 (156.8 MHz) when The National Technology Transfer Ironman 70.3 California; Oceanside Harbor, required, by the call sign ‘‘PATCOM’’ and Advancement Act (NTTAA) (15 Oceanside, CA. (5) The Coast Guard may be assisted U.S.C. 272 note) directs agencies to use (a) Location. The limits of this by other Federal, State, or local voluntary consensus standards in their temporary Special Local Regulation are agencies. regulatory activities unless the agency the waters of Oceanside Harbor provides Congress, through the Office of encompassed by drawing a line from Dated: December 3, 2009. Management and Budget, with an point to point along the following D.L. LeBlanc, explanation of why using these coordinates: Commander, U.S. Coast Guard, Acting Captain of the Port, San Diego. standards would be inconsistent with 33°12.54′ N, 117°24.12′ W; applicable law or otherwise impractical. 33°12.52′ N, 117°23.75′ W; [FR Doc. E9–30936 Filed 12–29–09; 8:45 am] Voluntary consensus standards are 33°12.49′ N, 117°23.66′ W; BILLING CODE 4910–15–P technical standards (e.g., specifications 33°12.37′ N, 117°23.54′ W; of materials, performance, design, or 33°12.32′ N, 117°23.55′ W; operation; test methods; sampling 33°12.43′ N, 117°23.69′ W; DEPARTMENT OF HOMELAND procedures; and related management 33°12.46′ N, 117°23.79′ W; SECURITY 33°12.41′ N, 117°23.96′ W; systems practices) that are developed or ° ′ ° ′ adopted by voluntary consensus 33 12.44 N, 117 23.98 W; Coast Guard 33°12.45′ N, 117°24.12′ W; standards bodies. 33°12.54′ N, 117°24.12′ W. This proposed rule does not use 33 CFR Part 165 technical standards. Therefore, we did (b) Enforcement Period. This section [Docket No. USCG–2009–0370] not consider the use of voluntary will be enforced from 6:40 a.m. to 9:30 consensus standards. a.m. on March 27, 2010. If the event RIN 1625–AA11 concludes prior to the scheduled Environment termination time, the Captain of the Port Regulated Navigation Areas; Port of We have analyzed this proposed rule will cease enforcement of this Special Portland Terminal 4, Willamette River, under Department of Homeland Local Regulation and will announce that Portland, OR Security Management Directive 023–01 fact via Broadcast Notice to Mariners. and Commandant Instruction (c) Definitions. The following AGENCY: Coast Guard, DHS. M16475.lD, which guide the Coast definition applies to this section: ACTION: Notice of proposed rulemaking. Guard in complying with the National designated representative means any Environmental Policy Act of 1969 commissioned, warrant, or petty officer SUMMARY: The Coast Guard proposes the (NEPA)(42 U.S.C. 4321–4370f), and of the Coast Guard on board a Coast establishment of two Regulated have made a preliminary determination Guard or Coast Guard Auxiliary vessel, Navigation Areas (RNA) at the Port of that this action is one of a category of or onboard a local, State, or Federal law Portland Terminal 4 on the Willamette actions which do not individually or enforcement vessel who have been River in Portland, Oregon. The RNAs cumulatively have a significant effect on authorized to act on the behalf of the are necessary to preserve the integrity of the human environment. The proposed Captain of the Port. engineered sediment caps placed within rule involves a special local regulation (d) Special Local Regulations. (1) All Slip 3 and Wheeler Bay at the Portland for a swimming race and is categorically persons and/or vessels not registered Harbor Superfund Site as part of a excluded under paragraph 34(h) of with the sponsor as participants or removal action at that site. The RNAs COMDTINSTM 16475.1D, figure 2–1. A official patrol vessels are considered will do so by prohibiting activities that preliminary environmental analysis spectators. The official patrol consists of could disturb or damage the engineered checklist supporting this determination any Coast Guard vessels, any Federal, sediment caps in that area. is available in the docket where State or local law enforcement vessels DATES: Comments and related material indicated under ADDRESSES. We seek and any sponsor provided vessels must be received by the Coast Guard on any comments or information that may assigned by or approved by the Captain or before January 29, 2010.

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ADDRESSES: You may submit comments the Coast Guard when it is received at rulemaking, we will hold one at a time identified by docket number USCG– the Docket Management Facility. We and place announced by a later notice 2009–0370 using any one of the recommend that you include your name in the Federal Register. following methods: and a mailing address, an e-mail Background and Purpose (1) Federal eRulemaking Portal: address, or a telephone number in the http://www.regulations.gov. body of your document so that we can As part of a removal action at the (2) Fax: 202–493–2251. contact you if we have questions Portland Harbor Superfund Site in 2008, (3) Mail: Docket Management Facility regarding your submission. engineered sediment caps were placed (M–30), U.S. Department of To submit your comment online, go to within Slip 3 and Wheeler Bay at the Transportation, West Building Ground http://www.regulations.gov, select the Port of Portland Terminal 4 Facility in Floor, Room W12–140, 1200 New Jersey Advanced Docket Search option on the order to contain underlying Avenue, SE., Washington, DC 20590– right side of the screen, insert ‘‘USCG– contaminated sediment and shoreline 0001. 2009–0370’’ in the Docket ID box, press soil. The Port of Portland Terminal 4 (4) Hand Delivery: Same as mail Enter, and then click on the balloon Facility is located between River Miles address above, between 9 a.m. and 5 shape in the Actions column. If you 4.1 and 4.5 on the Willamette River. p.m., Monday through Friday, except submit your comments by mail or hand The engineered sediment caps are Federal holidays. The telephone number delivery, submit them in an unbound designed to be compatible with normal is 202–366–9329. format, no larger than 8c by 11 inches, port operations, but could be damaged To avoid duplication, please use only suitable for copying and electronic by other maritime activities including one of these four methods. See the filing. If you submit comments by mail anchoring, dragging, dredging, or ‘‘Public Participation and Request for and would like to know that they trawling. Such damage could disrupt Comments’’ portion of the reached the Facility, please enclose a the function or affect the integrity of the SUPPLEMENTARY INFORMATION section stamped, self-addressed postcard or caps to contain the underlying below for instructions on submitting envelope. We will consider all contaminated sediment and shoreline comments. comments and material received during soil in these areas. As such, the RNAs the comment period and may change are necessary to help ensure the FOR FURTHER INFORMATION CONTACT: If the rule based on your comments. engineered sediment caps are protected you have questions on this proposed and will do so by prohibiting certain rule, call or e-mail MST1 Jaime Sayers, Viewing Comments and Documents maritime activities that could disturb or Waterways Management, USCG Sector To view comments, as well as damage them. Portland; telephone 503–240–9319, e- documents mentioned in this preamble mail [email protected]. If you as being available in the docket, go to Discussion of Proposed Rule have questions on viewing or submitting http://www.regulations.gov, select the The proposed rule would create RNAs material to the docket, call Renee V. Advanced Docket Search option on the covering portions of Slip 3 and Wheeler Wright, Program Manager, Docket right side of the screen, insert USCG– Bay at the Port of Portland Terminal 4 Operations, telephone 202–366–9826. 2009–0370 in the Docket ID box, press where engineered sediment caps are in SUPPLEMENTARY INFORMATION: Enter, and then click on the item in the place. Within the RNAs, vessels will be Public Participation and Request for Docket ID column. You may also visit prohibited from anchoring, dragging, Comments the Docket Management Facility in dredging, or trawling. The prohibitions Room W12–140 on the ground floor of are necessary to help ensure the We encourage you to participate in the Department of Transportation West engineered sediment caps are protected this rulemaking by submitting Building, 1200 New Jersey Avenue, SE., from damage. comments and related materials. All Washington, DC 20590, between 9 a.m. comments received will be posted and 5 p.m., Monday through Friday, Regulatory Analyses without change to http:// except Federal holidays. We have an We developed this proposed rule after www.regulations.gov and will include agreement with the Department of considering numerous statutes and any personal information you have Transportation to use the Docket executive orders related to rulemaking. provided. Management Facility. Below we summarize our analyses Submitting Comments based on 13 of these statutes or Privacy Act executive orders. If you submit a comment, please Anyone can search the electronic include the docket number for this form of comments received into any of Regulatory Planning and Review rulemaking (USCG–2009–0370), our dockets by the name of the This proposed rule is not a significant indicate the specific section of this individual submitting the comment (or regulatory action under section 3(f) of document to which each comment signing the comment, if submitted on Executive Order 12866, Regulatory applies, and provide a reason for each behalf of an association, business, labor Planning and Review, and does not suggestion or recommendation. You union, etc.). You may review a Privacy require an assessment of potential costs may submit your comments and Act notice regarding our public dockets and benefits under section 6(a)(3) of that material online (via http:// in the January 17, 2008 issue of the Order. The Office of Management and www.regulations.gov) or by fax, mail, or Federal Register (73 FR 3316). Budget has not reviewed it under that hand delivery, but please use only one Order. The Coast Guard has made this Public Meeting of these means. If you submit a determination based on the fact that the comment online via http:// We do not now plan to hold a public RNAs cover a relatively small area and www.regulations.gov, it will be meeting, but you may submit a request that area can still be used for most considered received by the Coast Guard for one using one of the four methods maritime activities. when you successfully transmit the specified under ADDRESSES. Please comment. If you fax, hand deliver, or explain why you believe a public Small Entities mail your comment, it will be meeting would be beneficial. If we Under the Regulatory Flexibility Act considered as having been received by determine that one would aid this (5 U.S.C. 601–612), we have considered

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whether this proposed rule would have compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ a significant economic impact on a this proposed rule under that Order and under Executive Order 12866 and is not substantial number of small entities. have determined that it does not have likely to have a significant adverse effect The term ‘‘small entities’’ comprises implications for federalism. on the supply, distribution, or use of small businesses, not-for-profit energy. The Administrator of the Office Unfunded Mandates Reform Act organizations that are independently of Information and Regulatory Affairs owned and operated and are not The Unfunded Mandates Reform Act has not designated it as a significant dominant in their fields, and of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not governmental jurisdictions with Federal agencies to assess the effects of require a Statement of Energy Effects populations of less than 50,000. their discretionary regulatory actions. In under Executive Order 13211. The Coast Guard certifies under 5 particular, the Act addresses actions U.S.C. 605(b) that this proposed rule that may result in the expenditure by a Technical Standards would not have a significant economic State, local, or tribal government, in the The National Technology Transfer impact on a substantial number of small aggregate, or by the private sector of and Advancement Act (NTTAA) (15 entities. This proposed rule would affect $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use the following entities, some of which Though this proposed rule would not voluntary consensus standards in their might be small entities: The owners or result in such an expenditure, we do regulatory activities unless the agency operators of vessels operating in the discuss the effects of this rule elsewhere provides Congress, through the Office of areas covered by the RNAs. The RNAs in this preamble. Management and Budget, with an would not have a significant economic Taking of Private Property explanation of why using these impact on a substantial number of small standards would be inconsistent with entities, however, because the RNAs This proposed rule would not effect a applicable law or otherwise impractical. cover a relatively small area and that taking of private property or otherwise Voluntary consensus standards are area can still be used for most maritime have taking implications under technical standards (e.g., specifications activities. Executive Order 12630, Governmental of materials, performance, design, or If you think that your business, Actions and Interference with operation; test methods; sampling organization, or governmental Constitutionally Protected Property procedures; and related management jurisdiction qualifies as a small entity Rights. systems practices) that are developed or and that this rule would have a Civil Justice Reform adopted by voluntary consensus significant economic impact on it, standards bodies. please submit a comment (see This proposed rule meets applicable ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of This proposed rule does not use qualifies and how and to what degree Executive Order 12988, Civil Justice technical standards. Therefore, we did this rule would economically affect it. Reform, to minimize litigation, not consider the use of voluntary eliminate ambiguity, and reduce consensus standards. Assistance for Small Entities burden. Environment Under section 213(a) of the Small Protection of Children Business Regulatory Enforcement We have analyzed this proposed rule Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule under Department of Homeland we want to assist small entities in under Executive Order 13045, Security Management Directive 023–01 understanding this proposed rule so that Protection of Children from and Commandant Instruction they can better evaluate its effects on Environmental Health Risks and Safety M16475.lD, which guide the Coast them and participate in the rulemaking. Risks. This rule is not an economically Guard in complying with the National If the rule would affect your small significant rule and would not create an Environmental Policy Act of 1969 business, organization, or governmental environmental risk to health or risk to (NEPA) (42 U.S.C. 4321–4370f), and jurisdiction and you have questions safety that might disproportionately have made a preliminary determination concerning its provisions or options for affect children. that this action is one of a category of compliance, please contact MST1 Jaime Indian Tribal Governments actions which do not individually or Sayers, Waterways Management, USCG cumulatively have a significant effect on Sector Portland; telephone 503–240– This proposed rule does not have the human environment. A preliminary 9319, e-mail [email protected]. tribal implications under Executive environmental analysis checklist The Coast Guard will not retaliate Order 13175, Consultation and supporting this determination is against small entities that question or Coordination with Indian Tribal available in the docket where indicated complain about this proposed rule or Governments, because it would not have under ADDRESSES. This proposed rule any policy or action of the Coast Guard. a substantial direct effect on one or involves establishing a regulated more Indian tribes, on the relationship navigation area. We seek any comments Collection of Information between the Federal Government and or information that may lead to the This proposed rule would call for no Indian tribes, or on the distribution of discovery of a significant environmental new collection of information under the power and responsibilities between the impact from this proposed rule. Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. List of Subjects in 33 CFR Part 165 U.S.C. 3501–3520). Energy Effects Harbors, Marine safety, Navigation Federalism We have analyzed this proposed rule (water), Reporting and recordkeeping A rule has implications for federalism under Executive Order 13211, Actions requirements, Security measures, and under Executive Order 13132, Concerning Regulations That Waterways. Federalism, if it has a substantial direct Significantly Affect Energy Supply, effect on State or local governments and Distribution, or Use. We have For the reasons discussed in the would either preempt State law or determined that it is not a ‘‘significant preamble, the Coast Guard proposes to impose a substantial direct cost of energy action’’ under that order because amend 33 CFR Part 165 as follows:

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PART 165—REGULATED NAVIGATION 45°36′06.201″ N/122°46′31.517″ W Standards, U.S. Postal Service, 475 AREAS AND LIMITED ACCESS AREAS thence to 45°36′06.081″ N/ L’Enfant Plaza, SW., Room 3436, 122°46′31.812″ W thence to Washington DC 20260–3436. You may 1. The authority citation for part 165 45°36′06.550″ N/122°46′32.124″ W inspect and photocopy all written continues to read as follows: thence to 45°36′06.970″ N/ comments, Monday through Friday, 9 Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 122°46′31.895″ W thence to a.m. to 4 p.m., USPS Headquarters Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 45°36′07.172″ N/122°46′31.868″ W Library, 475 L’Enfant Plaza, SW., 11th 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub. thence to 45°36′07.883″ N/ Floor N, Washington, DC, 20260. L. 107–295, 116 Stat. 2064; Department of 122°46′32.316″ W thence to Homeland Security Delegation No. 0170.1. FOR FURTHER INFORMATION CONTACT: C. 45°36′08.370″ N/122°46′32.927″ W Scot Atkins, 703–280–7841 or Carol A. 2. Add § 165.1326 to read as follows: thence to 45°36′08.775″ N/ Lunkins, 202–268–7262. 122°46′33.888″ W thence to § 165.1326 Regulated Navigation Areas; ° ′ ″ ° ′ ″ Stanley F. Mires, Port of Portland Terminal 4, Willamette 45 36 09.121 N/122 46 35.337 W ° ′ ″ Chief Counsel, Legislative. River, Portland, OR thence to 45 36 09.230 N/ 122°46′36.166″ W thence to [FR Doc. E9–30867 Filed 12–29–09; 8:45 am] (a) Regulated navigation areas. Each ° ′ ″ ° ′ ″ of the following areas is a regulated 45 36 09.442 N/122 46 37.759 W BILLING CODE 7710–12–P thence to 45°36′09.865″ N/ navigation area: ° ′ ″ (1) All waters of the Willamette River 122 46 39.511 W thence to ° ′ ″ ° ′ ″ in the head of the Port of Portland’s 45 36 10.421 N/122 46 39.469 W ENVIRONMENTAL PROTECTION ° ′ ″ Terminal 4 Slip 3, encompassed by a thence to 45 36 10.634 N/ AGENCY ° ′ ″ line commencing at 45°36′01.861″ N/ 122 46 39.056 W. 122°46″20.995″ W thence to (b) Regulations. All vessels are 40 CFR Part 52 prohibited from anchoring, dragging, 45°36′01.455″ N/122°46′20.887″ W [EPA–R08–OAR–2006–0013; FRL–9097–7] thence to 45°36′00.993″ N/ dredging, or trawling in the regulated 122°46′20.714″ W thence to navigation areas established in Approval and Promulgation of Air 45°36′00.725″ N/122°46′20.923″ W paragraph (a) of this section. Quality Implementation Plans; Utah; thence to 45°36′00.731″ N/ Dated: December 11, 2009. Redesignation Request and 122°46′21.262″ W thence to G.T. Blore, Maintenance Plan for Salt Lake ° ′ ″ ° ′ ″ 45 36 00.712 N/122 46 21.823 W Rear Admiral, U.S. Coast Guard, Commander, County; Utah County; Ogden City PM10 thence to 45°36′01.230″ N/ Thirteenth Coast Guard District. Nonattainment Area ° ′ ″ 122 46 22.048 W thence to [FR Doc. E9–30935 Filed 12–29–09; 8:45 am] ° ′ ″ ° ′ ″ AGENCY: Environmental Protection 45 36 01.651 N/122 46 22.168 W BILLING CODE 9110–04–P thence to 45°36′01.684″ N/ Agency (EPA). 122°46′22.372″ W thence to ACTION: Proposed rule; extension of the ° ′ ″ ° ′ ″ comment period. 45 36 01.873 N/122 46 22.303 W U.S. POSTAL SERVICE thence to 45°36′02.065″ N/ SUMMARY: EPA is extending the 122°46′21.799″ W thence to 39 CFR Part 111 comment period for a document 45°36′01.989″ N/122°46′21.574″ W published on December 1, 2009 (74 FR thence to 45°36′01.675″ N/ Unpaid and Shortpaid Information- 62717). In the December 1, 2009 122°46′21.483″ W thence to Based Indicia Postage Meters and PC document, EPA proposed to disapprove 45°36′01.795″ N/122°46′21.442″ W Postage Products—Comment Period the State of Utah’s requests under the thence to 45°36′01.861″ N/ Extended ° ′ ″ Clean Air Act to redesignate the Salt 122 46 20.995 W. TM (2) All waters of the Willamette River AGENCY: Postal Service . Lake County, Utah County, and Ogden in Wheeler Bay between Slip 1 and Slip ACTION: Proposed rule; extension of City PM10 nonattainment areas to 3 in the Port of Portland’s Terminal 4, comment period. attainment, and to approve some and encompassed by a line commencing at disapprove other associated State 45°36′10.634″ N/122°46′39.056″ W SUMMARY: On November 18, 2009, the Implementation Plan (SIP) revisions. thence to 45°36′10.269″ N/ Postal Service published in the Federal The Governor of Utah submitted the 122°46′37.140″ W thence to Register (74 FR 59494) a proposed rule redesignation requests and associated 45°36′10.027″ N/122°46′6.050″ W to implement revenue assurance SIP revisions on September 2, 2005. thence to 45°36′09.722″ N/ procedures for information-based EPA proposed to disapprove the 122°46′34.181″ W thence to indicia (IBI) postage generated from redesignation requests because the areas 45°36′09.425″ N/122°46′33.118″ W postage evidencing systems. An do not meet all Clean Air Act thence to 45°36′08.960″ N/ automated process will be implemented requirements for redesignation. At the 122°46′32.150″ W thence to to detect mailpieces with unpaid or request of several commentors, EPA is 45°36′08.653″ N/122°46′31.681″ W shortpaid IBI postage. extending the comment period through thence to 45°36′08.191″ N/ Comments were originally requested March 1, 2010. 122°46′31.341″ W thence to by December 18, 2009. Based on DATES: Comments must be received on 45°36′07.886″ N/122°46′31.269″ W feedback from the mailing community, or before March 1, 2010. thence to 45°36′07.517″ N/ the Postal Service has decided to extend ADDRESSES: Submit your comments, 122°46′31.038″ W thence to the current comment period an identified by Docket ID No. EPA–R08– 45°36′07.235″ N/122°46′31.066″ W additional 60 days. OAR–2006–0013, by one of the thence to 45°36′07.040″ N/ DATES: Comments on this proposed rule following methods: 122°46′30.941″ W thence to must be received on or before February • www.regulations.gov. Follow the 45°36′06.697″ N/122°46′30.987″ W 17, 2010. on-line instructions for submitting thence to 45°36′06.509″ N/ ADDRESSES: Mail or deliver written comments. 122°46′31.251″ W thence to comments to the Manager, Mailing • E-mail: [email protected]

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• Fax: (303) 312–6064 (please alert • http://www.regulations.gov: Follow Docket: All documents in the docket the individual listed in FOR FURTHER the on-line instructions for submitting are listed in the www.regulations.gov INFORMATION CONTACT if you are faxing comments. index. Although listed in the index, comments). • E-mail: [email protected]. some information is not publicly • Mail: Callie Videtich, Director, Air • Fax: 202–566–9744. available, e.g., CBI or other information • Program, Environmental Protection Mail: Docket No. EPA–HQ–OAR– whose disclosure is restricted by statute. Agency (EPA), Region 8, Mailcode 8P– 2006–0735, Environmental Protection Certain other material, such as AR, 1595 Wynkoop St., Denver, Agency, Mail Code 2822T, 1200 copyrighted material, will be publicly Colorado 80202–1129. Pennsylvania Ave., NW., Washington, available only in hard copy. Publicly • Hand Delivery: Callie Videtich, DC 20460. Please include a total of two available docket materials are available Director, Air Program, Environmental copies. In addition, please mail a copy either electronically in Protection Agency (EPA), Region 8, Mail of your comments on the information www.regulations.gov or in hard copy at Code 8P–AR, 1595 Wynkoop St., collection provisions to the Office of the Air and Radiation Docket and Denver, Colorado 80202–1129. Such Information and Regulatory Affairs, Information Center, EPA/DC, EPA West, deliveries are only accepted Monday Office of Management and Budget Room 3334, 1301 Constitution Ave., through Friday, 8 a.m. to 4:30 p.m., (OMB), Attn: Desk Officer for EPA, 725 NW., Washington, DC. The Public 17th St., NW., Washington, DC 20503. Reading Room is open from 8:30 a.m. to excluding Federal holidays. Special • arrangements should be made for Hand Delivery: Docket No. EPA– 4:30 p.m., Monday through Friday, HQ–OAR–2006–0735, Environmental deliveries of boxed information. excluding legal holidays. The telephone Protection Agency, EPA West, Room • For additional information on number for the Public Reading Room is 3334, 1301 Constitution Ave., NW., submitting comments, see the December (202) 566–1744, and the telephone Washington, DC. Such deliveries are 1, 2009 (74 FR 62717) notice. number for the Air and Radiation only accepted during the Docket’s FOR FURTHER INFORMATION CONTACT: Docket and Information Center is (202) normal hours of operation, and special 566–1742. Catherine Roberts, Air Program, Mail arrangements should be made for Code 8P–AR, Environmental Protection FOR FURTHER INFORMATION CONTACT: For deliveries of boxed information. further information contact Mr. Kevin Agency (EPA), Region 8, 1595 Wynkoop Instructions: Direct your comments to Cavender, Air Quality Assessment St., Denver, Colorado 80202–1129, (303) Docket ID No. EPA–HQ–OAR–2006– Division, Office of Air Quality Planning 312–6025, [email protected]. 0735. The EPA’s policy is that all and Standards, U.S. Environmental comments received will be included in Dated: December 18, 2009. Protection Agency, Mail Code C304–06, the public docket without change and Carol Rushin, Research Triangle Park, NC 27711; may be made available online at Acting Regional Administrator, Region 8. telephone: 919–541–2364; fax: 919– www.regulations.gov, including any [FR Doc. E9–30993 Filed 12–29–09; 8:45 am] 541–1903; e-mail: personal information provided, unless BILLING CODE 6560–50–P [email protected]. the comment includes information claimed to be Confidential Business SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION Information (CBI) or other information I. General Information AGENCY whose disclosure is restricted by statute. Do not submit information that you A. What should I consider as I prepare 40 CFR Part 58 consider to be CBI or otherwise my comments for EPA? protected through www.regulations.gov 1. Submitting CBI. Do not submit this [EPA–HQ–OAR–2006–0735; FRL–9098–2] or e-mail. The www.regulations.gov Web information to EPA through RIN 2060–AP77 site is an ‘‘anonymous access’’ system, www.regulations.gov or e-mail. Clearly which means EPA will not know your mark the part or all of the information Revisions to Lead Ambient Air identity or contact information unless that you claim to be CBI. For CBI Monitoring Requirements you provide it in the body of your information in a disk or CD–ROM that comment. If you send an e-mail you mail to EPA, mark the outside of the AGENCY: Environmental Protection comment directly to EPA without going Agency (EPA). disk or CD–ROM as CBI and then through www.regulations.gov, your e- identify electronically within the disk or ACTION: Proposed rule. mail address will be automatically CD–ROM the specific information that captured and included as part of the is claimed as CBI. In addition to one SUMMARY: The EPA issued a final rule comment that is placed in the public on November 12, 2008, (effective date complete version of the comment that docket and made available on the includes information claimed as CBI, a January 12, 2009) that revised the Internet. If you submit an electronic National Ambient Air Quality Standards copy of the comment that does not comment, EPA recommends that you contain the information claimed as CBI (NAAQS) for lead and associated include your name and other contact monitoring requirements. This action must be submitted for inclusion in the information in the body of your public docket. Information so marked proposes revisions to the monitoring comment and with any disk or CD–ROM requirements in that final rule will not be disclosed except in you submit. If EPA cannot read your accordance with procedures set forth in pertaining to where state and local comment due to technical difficulties monitoring agencies (‘‘monitoring 40 CFR part 2. and cannot contact you for clarification, 2. Tips for Preparing Your Comments. agencies’’) would be required to conduct EPA may not be able to consider your lead monitoring. When submitting comments, remember comment. Electronic files should avoid to: DATES: Comments must be received on the use of special characters, any form • Identify the rulemaking by docket or before February 16, 2010. of encryption, and be free of any defects number and other identifying ADDRESSES: Submit your comments, or viruses. For additional information information (subject heading, Federal identified by Docket ID No. EPA–HQ– about EPA’s public docket, visit the EPA Register date, and page number). OAR–2006–0735 by one of the following Docket Center homepage at http:// • Follow directions—the agency may methods: www.epa.gov/epahome/dockets.htm. ask you to respond to specific questions

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or organize comments by referencing a D. How is this document organized? the source will not contribute to a 3- Code of Federal Regulations (CFR) part The information presented in this month average lead concentration in or section number. document is organized as follows: ambient air in excess of 50 percent of • Explain why you agree or disagree, the level of the NAAQS (based on suggest alternatives, and substitute I. General Information historical monitoring data, modeling, or A. What should I consider as I prepare my other means). language for your requested changes. comments for EPA? • Describe any assumptions and B. Availability of Related Information Monitoring agencies are also currently provide any technical information and/ C. When would a public hearing occur? required to conduct lead monitoring in or data that you used. D. How is this document organized? large urban areas (identified as Core • If you estimate potential costs or II. Background Based Statistical Areas, or CBSAs, as burdens, explain how you arrived at III. Source-Oriented Monitoring defined by the OMB) with a population your estimate in sufficient detail to Requirements of 500,000 people or more. The A. Background on Source-Oriented locations for these monitoring sites are allow for it to be reproduced. Monitoring Requirements • Provide specific examples to intended to measure neighborhood-scale B. Issues With Source-Oriented Monitoring lead concentrations in urban areas illustrate your concerns, and suggest Requirements alternatives. C. Reconsideration of Source-Oriented impacted by resuspended dust from roadways, closed industrial sources • Explain your views as clearly as Monitoring Requirements which previously were significant possible, avoiding the use of profanity IV. Monitoring of Airports sources of lead, hazardous waste sites, or personal threats. V. Non-Source-Oriented Monitoring • Requirements construction and demolition projects, or Make sure to submit your A. Background on Non-Source-Oriented other fugitive dust sources of lead. comments by the comment period Monitoring Requirements Following promulgation of the revised deadline identified. B. Issues With Non-Source-Oriented lead NAAQS and monitoring Monitoring Requirements B. Availability of Related Information requirements, the Natural Resources C. Reconsideration of Non-Source-Oriented Defense Council (NRDC), the Missouri A number of documents relevant to Monitoring Requirements VI. Increase in Lead Monitors and Timeline Coalition for the Environment this rulemaking, including the notice of Foundation, the Physicians for Social final rulemaking (73 FR 66964), the for Deploying New Monitors VII. Statutory and Executive Order Reviews Responsibility, and the Coalition to End notice of proposed rulemaking (73 FR A. Executive Order 12866: Regulatory Childhood Lead Poisoning (‘‘the 29184), the advance notice of proposed Planning and Review Petitioners’’) petitioned (NRDC, 2009) rulemaking (72 FR 71488), the Air B. Paperwork Reduction Act for a reconsideration of the lead Quality Criteria for Lead (Criteria C. Regulatory Flexibility Act emission rate at which monitoring is Document) (USEPA, 2006), the Staff D. Unfunded Mandates Reform Act required (the ‘‘emission threshold,’’ Paper, and other related technical E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation currently 1.0 tpy). On July 22, 2009, the documents are available on EPA’s Office EPA granted the petition to reconsider of Air Quality Planning and Standards and Coordination With Indian Tribal Governments aspects of the monitoring requirements (OAQPS) Technology Transfer Network G. Executive Order 13045: Protection of (Jackson, 2009). In response to the (TTN) Web site at http://www.epa.gov/ Children From Environmental Health petition, the EPA reviewed and ttn/naaqs/standards/lead/ and Safety Risks _ _ reconsidered the monitoring s lead index.html. These and other H. Executive Order 13211: Actions That requirements and is proposing revisions related documents are also available for Significantly Affect Energy Supply, to the requirements for both source- Distribution or Use inspection and copying in the EPA oriented and non-source-oriented docket identified above. I. National Technology Transfer and Advancement Act monitoring for lead. C. When would a public hearing occur? J. Executive Order 12898: Federal Actions III. Source-Oriented Monitoring To Address Environmental Justice in Requirements If anyone contacts EPA requesting to Minority Populations and Low-Income speak at a public hearing concerning Populations The EPA is proposing to change the this proposed rule by January 11, 2010, VIII. References lead emission threshold at which we will hold a public hearing on monitoring agencies are presumptively II. Background January 14, 2010. If January 14, 2010 required to conduct lead monitoring falls on a Friday, Saturday, or Sunday, The EPA issued a final rule on near a lead source to 0.50 tpy from an the hearing will be held on the November 12, 2008, that revised the emissions threshold of 1.0 tpy. The EPA following Monday. Persons interested in NAAQS for lead and associated ambient is also seeking comments on alternative presenting oral testimony at the hearing, air lead monitoring requirements (73 FR emission thresholds between 0.50 tpy to or inquiring as to whether a hearing will 66964, codified at 40 CFR part 58). As 1.0 tpy. The following paragraphs be held, should contact Kevin A. part of the lead monitoring discuss the issues considered, the Cavender at (919) 541–2364 at least 2 requirements, monitoring agencies are proposed changes, and our rationale for days in advance of the hearing. If a required to monitor ambient air near the proposed changes to the source- public hearing is held, it will be held at lead sources which are expected to or oriented monitoring requirements. 10 a.m. at the EPA’s campus located at have been shown to have a potential to 109 T.W. Alexander Drive in Research contribute to a 3-month average lead A. Background on Source-Oriented Triangle Park, NC, or an alternate site concentration in ambient air in excess of Monitoring Requirements nearby. Under CAA section the level of the NAAQS. At a minimum, In the final revisions to the lead 307(d)(1)(V), the Administrator monitoring agencies must monitor near NAAQS, the EPA noted that, due to the determines that the provisions of lead sources that emit 1.0 ton per year dramatic drop in lead concentrations section 307(d) are applicable to this (tpy) or more. However, this since the phase-out of lead in motor proposal and all the procedural requirement can be waived by the EPA vehicle gasoline, we expected requirements of section 307(d) will Regional Administrator if the concentrations of lead to approach the apply to it. monitoring agency can demonstrate that revised level of the lead NAAQS

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primarily near sources of lead. where the likelihood of lead air quality One of the three approaches relied on Accordingly, the EPA required violations is significant or where the the use of existing lead monitoring data monitoring near lead emission sources emissions density, topography, or near lead sources. The EPA believes this such as lead smelters, metallurgical population locations are complex and approach provides the best information operations, battery manufacturing, and varied. The EPA projected the source- on the potential impact of lead sources other source categories that emit lead. oriented portion of the network to be up on ambient lead concentrations because The EPA also noted in the final to 135 monitors based on these it uses actual source-oriented lead NAAQS rulemaking that it is not requirements and on information monitoring data from lead sources. As practical to conduct monitoring at every available at the time the final rule was such, this approach was reevaluated as lead emission source, nor is it likely that published (i.e., the 2002 National part of the EPA’s reconsideration using very small lead emission sources will Emissions Inventory (NEI)).1 updated design-values based on the cause ambient concentrations to exceed final data handling procedures B. Issues With Source-Oriented the promulgated NAAQS. Therefore, the contained in 40 CFR part 50 Appendix Monitoring Requirements EPA performed an analysis to determine R. Under this approach, source-oriented at what level of lead emissions (the The Petitioners cited several reasons lead monitors within 1 mile of a lead ‘‘emissions threshold’’) it may be for EPA to reconsider the lead source (identified from the 2002 NEI) possible for an emission source to cause monitoring emission threshold (NRDC, were identified. This group of sites was ambient lead concentrations to exceed 2009). They noted that the finalized then narrowed down to sites near the lead NAAQS (Cavender, 2008). This emission threshold of 1.0 tpy was above facilities emitting 1 tpy or more of lead analysis looked at a range of levels and the proposed range of 200 to 600 into the ambient air, and then to sites indicated that, under reasonable worst- kilograms per year and, therefore, which were only impacted by one lead case conditions, a 0.50 tpy lead source argued that the EPA failed to provide for emitting facility. Also, in cases where could cause ambient lead proper public comment on the 1.0 tpy more than one monitor was identified concentrations to exceed the revised threshold. They also argued that the within 1 mile of the same facility lead NAAQS. The EPA also noted that, selection of the 1.0 tpy emission emitting 1 tpy or more of lead annually, by basing the monitoring requirements threshold was arbitrary and capricious the EPA only used the monitor on worst-case conditions, the EPA and that the EPA did not follow its own measuring the maximum lead would be ‘‘placing an unnecessary analysis. Finally, they argued that the concentration in the analysis. In this burden on monitoring agencies to 1.0 tpy emission threshold would not manner, the EPA identified seven evaluate or monitor around sources that provide for an adequate margin of safety monitor-facility pairs meeting the may not have a significant potential to as required by the Clean Air Act. The emissions and distance criteria. Using exceed the NAAQS.’’ As such, the EPA EPA granted the petition to reconsider data in the Air Quality System (AQS) required monitoring agencies to take the monitoring emission threshold database (http://www.epa.gov/ttn/airs/ into account lead sources which are (Jackson, 2009), and this proposed rule airsaqs/) for the years 2001–2003, the expected to or have been shown to reflects our reconsideration of the EPA developed an estimate of the contribute to a maximum lead emission threshold. maximum 3-month average lead concentration in ambient air in excess of concentration for each monitoring site. 2 C. Reconsideration of Source-Oriented the NAAQS including, and, at a Next, EPA calculated a ratio of the Monitoring Requirements minimum, to conduct lead monitoring maximum 3-month average [or request monitoring waivers as The monitoring emission threshold concentration to the facility annual allowed for under 40 CFR part 58, was intended to identify lead sources emissions (as identified in the 2002 NEI) Appendix D, paragraph 4.5(a)(ii)] near which may have the potential to to provide an estimate of the impact lead sources emitting 1.0 or more tpy. contribute to or approach an exceedance from the facility in units of micrograms To account for lead sources emitting of the lead NAAQS and near which lead per meter cubed (μg/m3) per tpy. less than 1.0 tpy of lead that may have monitoring should be conducted (or Dividing the level of the lead NAAQS the potential to cause lead where a site-specific evaluation of the (0.15 μg/m3) by this ratio provides an concentrations to exceed the lead potential for the lead source to estimate of the annual emission level for NAAQS, the November 12, 2008, final contribute to an exceedance of the lead the facility which would result in rule provided the EPA Regional NAAQS should be performed). The ambient lead concentrations just Administrators the authority to require EPA’s analysis to determine the meeting the lead NAAQS, referred to additional monitoring beyond the emission threshold relied on three here as a ‘‘site-specific emission minimum monitoring requirements different approaches. threshold’’ (see Table 1).

TABLE 1—DATA USED TO ESTIMATE FACILITY IMPACTS BASED ON MONITORING DATA

Maximum 3-month NEI 2002 facility Site-specific AQS site Id average lead emission rate Ratio emission (μg/m3–tpy) threshold concentration (tpy) (tpy) (μg/m3)

011090003 ...... 1 .2 4.5 0.27 0.56 171190010 ...... 0 .33 1.3 0.25 0.59 290990013 ...... 1 .8 58.8 0.03 4.90

1 Note that the 2005 NEI is now available and the source-oriented monitoring sites would be required rules contained in 40 CFR Part 50 Appendix R. As EPA has used the lead emission estimates in the under the existing monitoring requirements. such, minor differences in the estimated maximum 2005 NEI for estimating the impact of these 2 The estimate of the maximum 3-month average 3-month average lead concentration appear in the proposed revisions. Based on the 2005 NEI, 111 lead concentration for this analysis was completed estimates presented below for the same time period. prior to promulgation of the final data handling

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TABLE 1—DATA USED TO ESTIMATE FACILITY IMPACTS BASED ON MONITORING DATA—Continued

Maximum Site-specific 3-month NEI 2002 facility Ratio emission AQS site Id average lead emission rate (μg/m3–tpy) threshold concentration (tpy) (tpy) (μg/m3)

340231003 ...... 0 .23 1.7 0.14 1.11 420110717 ...... 0 .24 4.8 0.05 3.00 471870100 ...... 0 .93 2.6 0.36 0.42 480850009 ...... 0 .75 3.2 0.23 0.64

This analysis shows that four of these sensitivity of the above analysis. To values over the periods 2001–2003 and seven lead sources support an emission evaluate the stability of the site-specific 2004–2006 (Table 3). Table 4 threshold less than the emission emission threshold calculation, the EPA summarizes the site-specific emission threshold of 1.0 tpy set by the final rule performed the same analysis for these thresholds calculated for these periods. on the revised lead NAAQS. same seven facilities based on the As part of this reconsideration, the emission estimates from the 2002 and EPA evaluated the stability and 2005 NEI (Table 2) and estimated design

TABLE 2—NEI EMISSION ESTIMATES

2002 NEI facility 2005 NEI facility AQS site Id NEI facility Id Facility name emission rate emission rate (tpy) (tpy)

011090003 ...... NEI18383 ...... Sanders Lead Co ...... 4.5 4.44 171190010 ...... NEI55848 ...... National Steel Corp—Granite City Div ...... 1.3 0.90 290990013 ...... NEI34412 ...... Doe Run Company, Herculaneum Smelter ...... 58.8 28.09 340231003 ...... NEINJ16031 ...... Johnson Controls Battery Group Inc ...... 1.7 1.34 420110717 ...... NEI117 ...... East Penn Mfg ...... 4.8 1.88 471870100 ...... NEI715 ...... Metalico-College Grove, Inc...... 2.6 2.55 480850009 ...... NEI6493 ...... Gnb Metals Div ...... 3.2 3.18

TABLE 3—ESTIMATED DESIGN VALUES BASED ON ALTERNATIVE YEARS

2001–2003 2004–2006 AQS site Id Design value Design value (μg/m3) (μg/m3)

011090003 ...... 1.2 1.16 171190010 ...... 0.33 0.43 290990013 ...... 1.8 1.44 340231003 ...... 0.23 0.32 420110717 ...... 0.24 0.20 471870100 ...... 0.93 (3) 480850009 ...... 0.75 0.77

TABLE 4—ESTIMATED SITE-SPECIFIC EMISSION THRESHOLDS BASED ON ALTERNATIVE YEARS

Site-specific emission thresh- AQS site Id old 2002 2005

011090003 ...... 0.56 0.57 171190010 ...... 0.59 0.32 290990013 ...... 4.90 3 2.93 340231003 ...... 1.11 0.63 420110717 ...... 3.00 1.41 471870100 ...... 0.42 (4) 480850009 ...... 0.64 0.62 Minimum ...... 0.42 0.32 Median ...... 0.64 0.62 Maximum ...... 4.90 2.93

3 The EPA notes that, for facilities where a greater extent than for facilities where lead part 50 Appendix R for this time period. No design emissions have dramatically decreased in recent emissions have remained constant. value or site-specific emission factor was calculated years, re-entrained lead from historical deposits 4 Monitoring data at this site did not meet the for this time period. may influence the emission threshold calculation to minimum completeness requirements of 40 CFR

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Table 4 shows that, in most cases, the seeking comments and supporting aware of similar studies where lead was calculated emission threshold remained information that could be used in monitored at or near the maximum fairly constant for a given facility over setting an emission threshold lower impact area and does not believe there time, in general, varying by a factor of than 0.5 tpy as well as higher than 0.5 are sufficient data to develop or justify 2 or less. Site-specific emission tpy. a separate emission threshold for thresholds varied from 0.32 tpy to 4.9 In addition, the EPA is proposing to airports.6 As such, the EPA proposes to tpy with a median of 0.63 tpy. edit the wording of the source-oriented treat airports identically to other sources The EPA notes that these metrics may monitoring requirement [40 CFR part of lead, and require monitoring agencies be exaggerated by outliers due to the 58, Appendix D, paragraph 4.5(a)] for to conduct lead monitoring [or request limited number of facilities being clarity. The EPA believes the edits are a monitoring waiver as allowed under evaluated. As such, the EPA looked at merely editorial and do not change the 40 CFR part 58, Appendix D, paragraph how these metrics changed when the purpose and intent of the existing 4.5(a)(ii)] at or near airports that emit extreme sites (i.e., the highest and requirement. 0.50 tpy of lead, as is required for other lowest emitting sources) were removed. IV. Monitoring of Airports sources of lead. Excluding site 290990013 resulted in a The EPA estimates airport-specific lowering of the upper range to 3 tpy and In addition to the petition to lead inventories using a method similar the median to 0.62 tpy, but did not reconsider, the EPA has received to that used by the Federal Aviation affect the minimum (0.32 tpy). informal feedback from members of the Administration (FAA) to estimate Excluding site 171190010 increases the National Association of Clean Air inventories of other criteria pollutants minimum to 0.42 and the median to Agencies (NACAA) monitoring emitted by aircraft at airport facilities in 0.64 tpy, but does not affect the subcommittee regarding monitoring of its Emissions and Dispersion Modeling maximum. airports from which lead is emitted as System (EDMS). The method EPA uses In the final rule, the EPA stated that a result of the use of leaded aviation fuel to calculate airport-specific lead an emission threshold of 1.0 tpy ‘‘is (Cavender, 2009a). These NACAA inventories is briefly described here and more likely to clearly identify sources members believe that the final lead a more complete description is available that would contribute to exceedances of NAAQS rulemaking inappropriately in other documents (USEPA 2008a). The the NAAQS’’ as compared to a lower treats airports in the same manner as EPA’s method for calculating airport- emission threshold. Upon further industrial lead sources and claim that specific lead inventories requires as consideration and based on the site- lead emissions at airports will have a input the following data: The activity of specific emission thresholds estimated lesser impact on ambient lead piston-engine aircraft at a facility, fuel above, the EPA has decided to propose concentrations since the lead emissions consumption rates by these aircraft a revision to the emission threshold. from airplanes taking off from or during the various modes of the landing Based on this sample of lead sources, it landing at airports are spread out over and takeoff cycle (LTO), time in each appears that lead sources that emit less a larger area, unlike industrial sources mode (taxi/idle-out, takeoff, climb-out, than 1.0 tpy have the potential to cause where the emissions may be emitted approach, and taxi/idle-in), the ambient lead concentrations to exceed from a few stacks. concentration of lead in the fuel, and or approach the lead NAAQS. The EPA has limited quantitative the retention of lead in the engine and Monitoring agencies would not identify information with which to evaluate the oil. We use information from national these sources based on a 1.0 tpy impact on either on-airport or off-airport databases to supply this information. emission threshold. This could result in ambient lead concentrations from The data inputs for which states or local a number of areas with the potential to airports. One study conducted near the authorities may be able to obtain have lead concentrations above the lead Santa Monica airport measured a airport-specific data are: NAAQS not being properly monitored maximum 3-month average lead and could result in some areas where concentration of 0.1 μg/m3 near the (1) Airport-specific LTO activity for the NAAQS is exceeded not being runway blast fence (Cavender, 2009b). piston-powered aircraft, including the identified as nonattainment for lead. Based on the 2002 lead emission fraction of piston-engine activity The EPA has reconsidered the estimate for the Santa Monica airport of conducted by single versus twin-engine emission threshold and proposes to 0.4 tpy (USEPA, 2008a), an estimated aircraft. There are no national databases lower the emission threshold to a level site-specific emission threshold of 0.6 that provide airport-specific LTO of 0.50 tpy, which the EPA believes is tpy can be calculated using the same activity data for piston-engine aircraft consistent with the analysis procedures used to estimate a site- separately from turbojet and turboprop documented for the final rule specific emission threshold as above aircraft (turboprop and turbojet powered (Cavender, 2008) and the findings of [i.e., 0.15 μg/m3/(0.1 μg/m3/0.4 tpy) = aircraft use jet fuel, which does not this reconsideration. If this proposal is 0.6 tpy]. This site-specific emission contain lead). Some airport facilities finalized, monitoring agencies would be threshold (0.6 tpy) falls within the lower required to conduct monitoring near end of the range of specific emission higher percentage of the total lead concentration. lead sources that emit 0.50 tpy or thresholds calculated for industrial Basing the calculation on just the impact from the sources above (0.32 to 4.9 tpy) and does airport would result in a higher site-specific greater, or request a waiver as allowed emission threshold estimate. by 40 CFR part 58, Appendix D, not support the case for different 6 EPA notes that additional information may 5 paragraph 4.5(a)(ii). The EPA believes treatment of airports. The EPA is not become available regarding the Santa Monica an emission threshold of 0.50 tpy would airport lead study, or other similar studies, prior to adequately identify those sources with 5 The EPA notes that ‘‘urban background lead’’ the issuance of a final rule. If additional (typically 0.02–0.03 μg/m3) may have a higher information does become available before this rule the potential to exceed the NAAQS impact on this estimate of the site-specific emission is finalized (e.g., a final study report on the Santa without placing undue burden on threshold than in the estimates made for industrial Monica airport), EPA will take such information monitoring agencies. The EPA is also facilities since the urban background represents a into account.

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collect this information and states may contributing to violations of the NAAQS potentially result in ambient lead use these data to calculate airport- based on criteria including the concentrations in excess of the lead specific lead inventories. estimated lead emissions and other NAAQS. To address these concerns, the (2) The time spent in each mode of factors such as the number of runways EPA modified the siting criteria to the LTO cycle. EPA uses the EDMS where piston-engine aircraft operate. require non-source-oriented monitors to scenario property of International Civil However, we do not currently have be sited to evaluate these non- Aviation Organization/USEPA Default— information regarding the impact of inventoried lead sources. The EPA also Times in Mode, with a 16-minute taxi- airport-specific attributes on ambient lowered the population threshold from in/taxi-out time according to EPA’s lead concentrations. The EPA solicits requiring monitoring at CBSAs with a Procedures for Emission Inventory comments on alternative approaches population of 1,000,000 people or more Preparation, Volume IV: Mobile including the factors that could be to requiring monitoring at CBSAs with Sources, 1992. We are requesting considered in identifying airports that a population of 500,000 people or more. airport-specific information for these may require monitoring. We also request B. Issues With Non-Source-Oriented times in each mode of the LTO cycle. data to support the relationship between Monitoring Requirements We also request information regarding airport-specific factors or attributes and the time spent in run-up checks ambient lead concentrations. Some sources of lead which are not in conducted by piston-engine aircraft the current NEI that could result in prior to take-off. This mode of operation V. Non-Source-Oriented Monitoring ambient lead concentrations in excess of is not currently included in EPA’s Requirements the lead NAAQS have been identified airport-specific lead inventories. The EPA is proposing to replace the (USEPA, 2008b). However, as currently (3) Other data inputs for the airport- current non-source-oriented monitoring written, it is not clear that the non- specific lead inventory calculation for approach with the requirement for lead source-oriented monitoring which states or local authorities may monitoring at the national multi- requirements would result in monitors provide airport-specific information pollutant monitoring network known as near such non-inventoried sources. The include the concentration of lead in the NCore. The following paragraphs non-source-oriented monitors are to be aviation gasoline supplied at an airport, discuss the issues considered, the sited as neighborhood scale monitors. and the fraction of lead in fuel that is proposed changes, and our rationale for Yet, lead concentrations drop off rapidly retained in the engine and oil, and the proposed changes to the non-source- with distance away from a source, such actual fuel consumption rates by the oriented monitoring requirements. that it is unlikely that non-source- piston-engine aircraft operating at oriented monitors would identify the A. Background on Non-Source-Oriented specific airports. maximum lead concentration near non- Monitoring Requirements The EPA identified 55 airports that inventoried sources where the lead may exceed the proposed 0.50 tpy As part of the November 2008 NAAQS could be exceeded. emission threshold. Under this revisions to the lead NAAQS, the EPA Furthermore, locations near non- proposed rule, state and local required one lead monitor site in each inventoried sources outside of CBSAs monitoring agencies would be required CBSA with a population of 500,000 with a population of 500,000 people or to monitor these airports, request a people or more—leading to 101 more would not be addressed by the waiver as allowed under 40 CFR part 58 monitors. These monitors are to be current non-source-oriented Appendix D (by performing dispersion located to measure neighborhood scale requirements and, as such, these sources modeling to demonstrate that estimated (as described in 40 CFR part 58, would not necessarily be monitored. maximum lead concentrations would be Appendix D, paragraph 1.2(b)(3)) lead The final siting requirements also would less than 50 percent of the lead concentrations in urban areas impacted not support the measurement of trends NAAQS), or demonstrate that the actual by re-suspended dust from roadways, in typical urban lead concentrations, emissions from a given airport are less closed industrial sources which one of EPA’s original objectives. than 0.50 tpy (by using site-specific previously were significant sources of C. Reconsideration of Non-Source- values for the factors identified above in lead, hazardous waste sites, Oriented Monitoring Requirements lieu of the national average values used construction and demolition projects, or by the EPA). The EPA is requesting other fugitive dust sources of lead. After further consideration, the EPA airport-specific data inputs that states or The EPA had proposed (73 FR 29184) believes the most appropriate approach other local authorities could provide to and taken comment on a smaller non- to achieve the placement of monitors EPA, particularly for airports that would source-oriented lead monitoring near non-inventoried sources that have be subject to lead monitoring in the network that included 1 monitor in each the potential to cause an exceedance of context of this proposed rule. CBSA with a population of 1,000,000 or the NAAQS is through the existing The EPA solicits comments on the more people, located to measure typical source-oriented monitoring network availability of other data that may be neighborhood scale lead concentrations requirements (paragraph 4.5(a) of useful in considering an alternative in urban areas—which would have Appendix D to 40 CFR part 58) which emission threshold for airports. The required 50 monitors. The EPA noted require monitoring agencies to conduct Agency also seeks comment on whether that data from these non-source-oriented lead monitoring at sources ‘‘which are EPA should consider other factors or monitors would be helpful in better expected to or have been shown to criteria that might be useful in characterizing population exposure to contribute to a maximum lead determining if a different approach is ambient air related lead and may assist concentration in ambient air in excess of appropriate for identifying those in determining nonattainment the NAAQS’’ and the EPA Regional airports that have the potential to boundaries. Administrators’ authority to require approach or contribute to violations of Concerns were raised during review monitoring ‘‘where the likelihood of the lead NAAQS. For example, the EPA of the draft final notice that non- lead air quality violations is could require monitoring at airports that inventoried lead sources in urban areas, significant.’’ These non-inventoried lead the EPA determines have the potential such as closed industrial sources, sources may be identified by monitoring to cause increased ambient lead hazardous waste sites, and construction agencies, the EPA, or concerned citizens concentrations approaching or and demolition projects could as part of the network plan review and

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approval requirements. Furthermore, • NCore sites are long-term trends deploy and operate relative to the monitors sited under the source- sites suitable for long-term population estimated number of monitors for the oriented monitoring requirements are exposure studies. November 2008 final rule. Based on the required to be sited at the location of In addition, many NCore sites will 2005 NEI and the 2002 estimates for estimated maximum concentration and, have the low-volume PM10 sampler lead emissions from airports (EPA, as such, better serve the purpose of necessary to conduct lead monitoring, 2008a), the current monitoring identifying violations of the lead reducing the cost and time necessary to requirements would require up to 212 NAAQS. implement the non-source-oriented lead monitors—111 source-oriented 7 8 The EPA believes it is appropriate to monitoring requirements. Additional monitors (106 industrial and 5 airport) re-emphasize the objectives identified in information on the objectives and and 101 non-source-oriented monitors. the prior proposed rule for non-source- specific sites for NCore can be obtained Based on the monitoring requirements oriented monitors, i.e., measuring online at http://www.epa.gov/ttn/amtic/ proposed here, the number of total typical neighborhood-scale lead ncore/index.html. Due to the many required monitors increases to 352 concentrations in urban areas so we can advantages of including lead monitoring monitors with 272 source-oriented better understand the risk posed by lead at NCore sites rather than having monitors (217 industrial and 55 airport) to the general population, and to separate non-source-oriented and 80 non-source-oriented monitors. However, we expect that the number of provide information that could assist monitoring requirements, the EPA is actual lead monitors will likely be less with the determination of proposing to revise the existing non- than 352 since these numbers do not nonattainment boundaries. In addition, source-oriented monitoring take into account the probability that the EPA believes non-source-oriented requirements (paragraph 4.5(b) of monitoring agencies will request and sites are important to support the Appendix D to 40 CFR part 58) to attain waivers from source-oriented development of long-term trends at require lead monitoring at all NCore monitoring requirements for some of the typical concentrations sites. sites in place of the current CBSA population-based requirements. The lead sources identified as emitting more The EPA notes that these objectives EPA seeks comments on the use of the than 0.50 tpy of lead. match those of the multi-pollutant NCore network to meet the non-source- This proposal does not change the NCore network required under section 3 oriented monitoring objectives for lead. current requirement for monitoring of Appendix D to 40 CFR part 58 and The EPA also seeks comments on agencies to have lead monitors installed also believes that EPA’s increasing whether lead monitoring should be and operating near sources emitting 1.0 support for multi-pollutant required at all NCore sites, or only tpy of lead or more by January 1, 2010 measurements should be considered in NCore sites in large urban areas (e.g., in (i.e., the deadline specified in the the design of the lead network. The CBSAs with a population greater than November 2008 final rule). The EPA NCore network is intended to be a long- 500,000 people). proposes that if we revise the term, multi-pollutant, monitoring The EPA is also proposing to make a monitoring requirements, monitoring network that not only provides minor edit to the existing monitoring agencies would have 6 months from the information useful to NAAQS requirements. Paragraph 3(c) of effective date of the final rule to update attainment decisions, but also provides Appendix D to 40 CFR part 58 requires their annual monitoring network plans. data needed to broaden the lead monitoring at 10 NCore sites, The update would incorporate plans for understanding of air quality conditions located in the most populated MSA/ source-oriented monitors near lead and pollutant interactions, evaluate air CSA in each of the 10 EPA Regions. sources emitting 0.50 tpy or more, but quality models, develop emission This requirement was added prior to the less than 1.0 tpy. The EPA is also control strategies, and support long-term recent lead monitoring revisions and proposing to allow 1 year from the date health studies. We also note that lead was intended to provide for of the final rule for monitoring agencies monitoring is already required in at measurement of long-term lead trends to install and begin operation of source- least one NCore site per EPA Region. As away from lead sources. Since lead oriented monitors near lead sources such, one option for implementing lead monitoring would be required at all emitting 0.50 tpy or more, but less than non-source-oriented monitoring is to NCore sites if this proposal is finalized, 1.0 tpy. require lead monitoring at all NCore paragraph 3(c) of Appendix D to 40 CFR The EPA notes that the timeline described above would require sites rather than the population-based part 58 is redundant and, as such, the monitoring agencies to evaluate, site, approach currently used. This option EPA proposes to delete this paragraph. provides a similar result to that of and install up to 161 source-oriented basing the non-source-oriented VI. Increase in Lead Monitors and monitoring sites within 1 year of monitoring requirements on population Timeline for Deploying New Monitors promulgation of the revised monitoring (as was established in the November These proposed revisions to the requirements. While the EPA believes 2008 final rule) and has additional monitoring requirements will result in this is feasible, the EPA seeks comments similarities with the provisions adopted an increase in the number of lead on the appropriateness of allowing in the final rule on the revised lead monitors that monitoring agencies must deployment in phases requiring half of NAAQS including: the sites for sources between 0.50 and 7 1.0 tpy to be installed during the first • The size of the network would be EPA expects that low-volume PM10 samplers will be used at many NCore sites in order to meet year following promulgation of the final approximately the same as the original the existing requirement for PM10–2.5 measurements. monitoring requirements, and for the proposal but would span a wider range However, EPA notes that some NCore sites may use remaining half to be installed during the of populations. The NCore network will a dichotomous sampler or a continuous PM10–2.5 second year following promulgation of consist of approximately 80 sites, with sampler that would not be compatible with lead- PM sampling such that these sites would need to the final monitoring requirements. The approximately 50 of these being in 10 add an additional low-volume PM10 sampler to urban areas with a population of perform lead-PM10 sampling. In addition, if lead- 8 Note that the current estimate of the required 500,000 people or more. PM10 concentrations are found to be greater than source-oriented sites is lower than the estimate μ 3 • 0.10 g/m , a lead-TSP sampler would be required identified in the final rule (135 sites) because the NCore sites will be neighborhood- at the NCore site according to paragraph 2.10.1.1 of current estimate is based on the 2005 NEI rather scale sites. Appendix C to 40 CFR part 58, within 6 months. than the 2002 NEI.

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EPA solicits comments on what factors prepared by EPA has been assigned EPA by January 29, 2010. The final rule will should be considered when prioritizing ICR number 2378.01. respond to any OMB or public which sites should be installed during The monitoring, recordkeeping, and comments on the information collection the first year versus the second. The reporting requirements in 40 CFR parts requirements contained in this proposal. 58 are specifically authorized by EPA specifically solicits comments on C. Regulatory Flexibility Act an alternative deployment schedule that sections 100, 301(a), and 319 of the would allow for monitors near airports Clean Air Act (CAA). All information The Regulatory Flexibility Act (RFA) to be deployed over 2 years, and on submitted to EPA pursuant to the generally requires an agency to prepare what factors should be considered when monitoring, recordkeeping, and a regulatory flexibility analysis of any prioritizing airports to receive monitors reporting requirements for which a rule subject to notice and comment in the first year of deployment. claim of confidentiality is made is rulemaking requirements under the Monitoring agencies must have safeguarded according to Agency Administrative Procedure Act or any installed and begun operation of policies in 40 CFR part 2, subpart B. other statute unless the agency certifies required NCore sites and monitors The information collected and that the rule will not have a significant (other than lead) by January 1, 2011. reported under 40 CFR part 58 is needed economic impact on a substantial Because the necessary siting and site to determine compliance with the number of small entities. Small entities installation will already be in place at NAAQS, to characterize air quality and include small businesses, small NCore sites, the EPA does not believe associated health and ecosystem organizations, and small governmental any additional time beyond that of the impacts, to develop emissions control jurisdictions. existing NCore schedule is required for strategies, and to measure progress for For purposes of assessing the impacts monitoring agencies to install any the air pollution program. The proposed of this rule on small entities, small necessary lead monitors and begin lead amendments would revise the technical entity is defined as: (1) A small business sampling at NCore sites. As such, the requirements for lead monitoring sites, as defined by the Small Business EPA is proposing to require monitoring require the siting and operation of Administration’s (SBA) regulations at 13 agencies to commence lead sampling at additional lead ambient air monitors, CFR 121.201; (2) a small governmental NCore sites when NCore sites are to and require the reporting of the jurisdiction that is a government of a become operational, no later than collected ambient lead monitoring data city, county, town, school district, or January 1, 2011. to EPA’s AQS. The annual average special district with a population of less The EPA recognizes that these reporting burden for the collection than 50,000; and (3) a small proposed requirements will not be under 40 CFR part 58 (averaged over the organization that is any not-for-profit finalized until spring 2010 at the earliest first 3 years of this ICR) for 105 enterprise which is independently which is just a few months before respondents is estimated to increase by owned and operated and is not monitoring agencies are currently a total of 19,551 labor hours per year dominant in its field. After considering the economic required to submit their lead network with an increase of $1,849,264 per year. impacts of this proposed rule on small plans for non-source-oriented monitors Burden is defined at 5 CFR 1320.3(b). entities, I certify that this action will not (July 1, 2010). Because this State, local, and tribal entities are have a significant economic impact on reconsideration may affect where non- eligible for state assistance grants provided by the federal government a substantial number of small entities. source-oriented monitors may be under the CAA which can be used for This proposed rule will not impose any required, the EPA is advising monitors and related activities. requirements on small entities. Rather, monitoring agencies to not site or install An agency may not conduct or this rule establishes monitoring non-source-oriented monitors until after sponsor, and a person is not required to requirements for state and local (where this reconsideration is complete and the respond to, a collection of information applicable) monitoring agencies. The final revisions are promulgated. unless it displays a currently valid OMB EPA continues to be interested in the VII. Statutory and Executive Order control number. The OMB control potential impacts of the proposed rule Reviews numbers for EPA’s regulations in 40 on small entities and welcomes CFR are listed in 40 CFR part 9. comments on issues related to such A. Executive Order 12866: Regulatory To comment on the Agency’s need for impacts. Planning and Review this information, the accuracy of the Under Executive Order 12866 (58 FR provided burden estimates, and any D. Unfunded Mandates Reform Act 51735, October 4, 1993), this action is a suggested methods for minimizing (UMRA) ‘‘significant regulatory action’’ because respondent burden, EPA has established This rule does not contain a federal it was deemed to ‘‘raise novel legal or a public docket for this rule, which mandate that may result in expenditures policy issues.’’ Accordingly, EPA includes this ICR, under Docket ID of $100 million or more for state, local, submitted this action to the Office of number EPA–HQ–OAR–2006–0735. and Tribal governments, in the Management and Budget (OMB) for Submit any comments related to the ICR aggregate, or the private sector in any 1 review under Executive Order 12866 to EPA and OMB. See ADDRESSES year. The proposed amendments to 40 and any changes made in response to section at the beginning of this notice CFR part 58 are estimated to increase OMB recommendations have been for where to submit comments to EPA. the ambient air monitoring costs by $1.8 documented in the docket for this Send comments to OMB at the Office of million and 19,551 labor hours from action. Information and Regulatory Affairs, present levels. Thus, this rule is not Office of Management and Budget, 725 subject to the requirements of sections B. Paperwork Reduction Act 17th Street, NW., Washington, DC 202 or 205 of UMRA. The information collection 20503, Attention: Desk Office for EPA. This rule is also not subject to the requirements in this proposed rule have Since OMB is required to make a requirements of section 203 of UMRA been submitted for approval to OMB decision concerning the ICR between 30 because it contains no regulatory under the Paperwork Reduction Act, 44 and 60 days after December 30, 2009, a requirements that might significantly or U.S.C. 3501 et seq. The Information comment to OMB is best assured of uniquely affect small governments. Collection Request (ICR) document having its full effect if OMB receives it Small governments that may be affected

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by the proposed amendments are F. Executive Order 13175: Consultation EPA is not considering the use of any already meeting similar requirements and Coordination With Indian Tribal voluntary consensus standards. under the existing rules, and the costs Governments J. Executive Order 12898: Federal of changing the network design This action does not have Tribal Actions To Address Environmental requirements would be borne, in part, implications, as specified in Executive Justice in Minority Populations and by the federal government through state Order 13175 (65 FR 67249, November 9, Low-Income Populations assistance grants. 2000). It does not have a substantial Executive Order 12898 (59 FR 7629 E. Executive Order 13132: Federalism direct effect on one or more Indian Tribes, since Tribes are not obligated to (Feb. 16, 1994)) establishes federal executive policy on environmental Executive Order 13132, entitled adopt or implement any NAAQS. Thus, justice. Its main provision directs ‘‘Federalism’’ (64 FR 43255, August 10, Executive Order 13175 does not apply federal agencies, to the greatest extent 1999), requires EPA to develop an to this action. EPA specifically solicits practicable and permitted by law, to accountable process to ensure additional comment on this proposed make environmental justice part of their ‘‘meaningful and timely input by state action from Tribal officials. mission by identifying and addressing, and local officials in the development of G. Executive Order 13045: Protection of as appropriate, disproportionately high regulatory policies that have federalism Children From Environmental Health & and adverse human health or implications.’’ ‘‘Policies that have Safety Risks environmental effects of their programs, federalism implications’’ are defined in The EPA interprets Executive Order policies, and activities on minority the Executive Order to include 13045 (62 FR 19885, April 23, 1997) as populations and low-income regulations that have ‘‘substantial direct applying only to those regulatory populations in the United States. effects on the states, on the relationship actions that concern health or safety The EPA has determined that this between the national government and risks, such that the analysis required proposed rule will not have the states, or on the distribution of under section 5–501 of the Executive disproportionately high and adverse power and responsibilities among the Order has the potential to influence the human health or environmental effects various levels of government.’’ regulation. This action is not subject to on minority or low-income populations This proposed rule does not have Executive Order 13045 because it does because it increases the level of federalism implications. It will not have not establish an environmental standard environmental protection for all affected substantial direct effects on the states, intended to mitigate health or safety populations without having any on the relationship between the national risks. disproportionately high and adverse government and the states, or on the human health or environmental effects H. Executive Order 13211: Actions That distribution of power and Significantly Affect Energy Supply, on any population, including any responsibilities among the various Distribution, or Use minority or low-income population. levels of government, as specified in VIII. References Executive Order 13132. The rule does This action is not a ‘‘significant not alter the relationship between the energy action’’ as defined in Executive Cavender, K. (2008). Development of Final federal government and the states Order 13211 (66 FR 28355 (May 22, Source-oriented Monitoring Emission regarding the establishment and 2001)), because it is not likely to have Threshold. Memorandum to the Lead implementation of air quality a significant adverse effect on the NAAQS Review Docket. EPA–HQ–OAR– 2006–0735. Available online at: http:// improvement programs as codified in supply, distribution, or use of energy. This proposed rule would result in an www.epa.gov/ttnnaaqs/standards/lead/ the CAA. Under section 109 of the CAA, data/20081015Cavender.pdf. EPA is mandated to establish NAAQS; insignificant increase in power consumption associated with the Cavender, K. (2009a). Summary of Discussion however, CAA section 116 preserves the of Lead Monitoring Near Airports at Spring rights of states to establish more additional power required to run 140 2009 NACAA Monitoring Subcommittee stringent requirements if deemed additional monitors nationwide. Meeting. Memorandum to the Lead necessary by a state. Furthermore, this I. National Technology Transfer and NAAQS Review Docket. EPA–HQ–OAR– rule does not impact CAA section 107 Advancement Act 2006–0735. which establishes that the states have Cavender, K. (2009b). Review of Pb Section 12(d) of the National Monitoring Conducted Near General primary responsibility for Technology Transfer and Advancement Aviation Airports. Memorandum to the implementation of the NAAQS. Finally, Act of 1995 (‘‘NTTAA’’), Public Law Lead NAAQS Review Docket. EPA–HQ– as noted in section D (above) on UMRA, 104–113, 12(d) (15 U.S.C. 272 note) OAR–2006–0735. this rule does not impose significant directs EPA to use voluntary consensus Fine, Philip (2007). Community-Scale Air costs on state, local, or Tribal standards in its regulatory activities Toxics Monitoring—Sun Valley governments or the private sector. Thus, Neighborhood and General Aviation unless to do so would be inconsistent Airports. Presented at the U.S. EPA Air Executive Order 13132 does not apply with applicable law or otherwise to this rule. Toxics Data Analysis Workshop—Chicago, impractical. Voluntary consensus IL, October 2–4, 2007. EPA–HQ–OAR– However, EPA recognizes that states standards are technical standards (e.g., 2006–0735. Available online at: http:// will have a substantial interest in this materials specifications, test methods, www.epa.gov/ttn/amtic/files/ambient/ rule and any corresponding revisions to sampling procedures, and business airtox/2007-workshop/07_100307_fine.pdf. associated air quality surveillance practices) that are developed or adopted Jackson, L. (2009). Letter to petitioners. EPA– requirements, 40 CFR part 58. by voluntary consensus standards HQ–OAR–2006–0735. Available online at: Therefore, in the spirit of Executive bodies. NTTAA directs EPA to provide http://www.epa.gov/air/lead/pdfs/ Order 13132, and consistent with EPA OAR.09.000.7687.pdf. Congress, through OMB, explanations NRDC, et al. (2009). Petition to Reconsider. policy to promote communications when the Agency decides not to use EPA–HQ–OAR–2006–0735. Available between EPA and state and local available and applicable voluntary online at: http://www.epa.gov/air/lead/ governments, EPA specifically solicits consensus standards. pdfs/0122009petitionReconsideration.pdf. comment on this proposed rule from This proposed rulemaking does not U.S. Environmental Protection Agency. state and local officials. involve technical standards. Therefore, (2006). Air Quality Criteria for Lead

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(Second External Review Draft). than 1.0 tpy to be operational by oriented lead monitoring at each NCore site Washington, DC, EPA/600/R–05/144aB– December 30, 2010. required under paragraph 3 of this appendix. bB. Available online at: http:// * * * * * cfpub.epa.gov/ncea/cfm/ * * * * * recordisplay.cfm?deid=158823. 3. Appendix D to Part 58 is amended [FR Doc. E9–31049 Filed 12–29–09; 8:45 am] U.S. Environmental Protection Agency. as follows: BILLING CODE 6560–50–P (2008a). Lead Emissions from the Use of Leaded Aviation Gasoline in the United a. By revising paragraph 3.(b), States. EPA420–R–08–020. Available b. By removing and reserving FEDERAL COMMUNICATIONS online at: http://www.epa.gov/ttn/chief/ paragraph 3.(c), COMMISSION net/tsd_avgas_lead_inventory_2002.pdf. U.S. Environmental Protection Agency. c. By revising 4.5.(a), and 47 CFR Part 73 (2008b). Regulatory Impact Analysis of the d. By revising paragraph 4.5.(b). Proposed Revisions to the National [DA 09–2605; MB Docket No. 09–230; RM– Ambient Air Quality Standards for Lead. Appendix D to Part 58—Network 11586] EPA–HQ–OAR–2006–0735. Design Criteria for Ambient Air Quality List of Subjects in 40 CFR Part 58 Monitoring Television Broadcasting Services; Seaford, DE Air pollution control, Environmental * * * * * protection, Intergovernmental relations, 3. * * * AGENCY: Federal Communications Reporting and recordkeeping (b) The NCore sites must measure, at a Commission. minimum, PM2.5 particle mass using requirements. continuous and integrated/filter-based ACTION: Proposed rule. Dated: December 23, 2009. samplers, speciated PM2.5, PM10–2.5 particle SUMMARY: The Commission proposes the Lisa P. Jackson, mass, speciated PM10–2.5, O3, SO2, CO, NO/ allotment of channel 5 to Seaford, Administrator. NOy, lead, wind speed, wind direction, relative humidity, and ambient temperature. Delaware. The Commission is waiving For the reasons stated in the (c) [Reserved.] the freeze on the filing of new DTV preamble, title 40, chapter I, part 58 of allotments to initiate this proceeding the Code of Federal Regulations is * * * * * 4.5 * * * (a) State and, where appropriate, and to advance the policy, as set forth proposed to be amended as follows: local agencies are required to conduct in Section 331(a) of the Communications Act of 1934, as PART 58—[AMENDED] ambient air lead monitoring near lead sources which are expected to or have been amended, to allocate not less than one 1. The authority citation for part 58 shown to contribute to a maximum lead very high frequency (‘‘VHF’’) continues to read as follows: concentration in ambient air in excess of the commercial television channel to each NAAQS, taking into account the logistics and State, if technically feasible. Authority: 42 U.S.C. 7403, 7410, 7601(a), potential for population exposure. At a 7611, and 7619. DATES: Comments must be filed on or minimum, there must be one source-oriented before January 29, 2010, and reply Subpart B—[Amended] SLAMS site located to measure the maximum lead concentration in ambient air resulting comments on or before February 16, 2010. 2. Section 58.10 is amended by from each lead source which emits 0.50 or revising paragraph (a)(4) to read as more tons per year based on either the most ADDRESSES: Federal Communications follows: recent National Emission Inventory (http:// Commission, Office of the Secretary, www.epa.gov/ttn/chief/eiinformation.html) 445 12th Street, SW., Washington, DC § 58.10 Annual monitoring network plan or other scientifically justifiable methods and 20554. and periodic network assessment. data (such as improved emissions factors or (a) * * * site-specific data) taking into account FOR FURTHER INFORMATION CONTACT: (4) A plan for establishing source- logistics and the potential for population Adrienne Y. Denysyk, oriented lead monitoring sites in exposure. [email protected], Media accordance with the requirements of (i) One monitor may be used to meet the Bureau, (202) 418–1600. appendix D to this part for lead sources requirement in paragraph 4.5(a) for all SUPPLEMENTARY INFORMATION: This is a emitting 1.0 tpy or greater shall be sources involved when the location of the synopsis of the Commission’s Notice of maximum lead concentration due to one lead submitted to the EPA Regional Proposed Rule Making, MB Docket No. source is expected to also be impacted by Administrator no later than July 1, 2009, lead emissions from a nearby source (or 09–230, adopted December 17, 2009, as part of the annual network plan multiple sources). This monitor must be and released December 18, 2009. The required in paragraph (a)(1) of this sited, taking into account logistics and the full text of this document is available for section. The plan shall provide for the potential for population exposure, where the public inspection and copying during required source-oriented lead lead concentration from all sources combined normal business hours in the FCC’s monitoring sites for lead sources is expected to be at its maximum. Reference Information Center at Portals emitting 1.0 tpy or greater to be (ii) The Regional Administrator may waive II, CY–A257, 445 12th Street, SW., operational by January 1, 2010. A plan the requirement in paragraph 4.5(a) for Washington, DC, 20554. This document for establishing source-oriented lead monitoring near lead sources if the state or, will also be available via ECFS (http:// monitoring sites in accordance with the where appropriate, local agency can www.fcc.gov/cgb/ecfs/). (Documents requirements of appendix D to this part demonstrate the lead source will not will be available electronically in ASCII, for lead sources emitting greater than contribute to a maximum lead concentration Word 97, and/or Adobe Acrobat.) This 0.50 tpy but less than 1.0 tpy shall be in ambient air in excess of 50 percent of the document may be purchased from the NAAQS (based on historical monitoring data, submitted to the EPA Regional modeling, or other means). The waiver must Commission’s duplicating contractor, Administrator no later than June 30, be renewed once every 5 years as part of the Best Copy and Printing, Inc., 445 12th 2010. The plan shall provide for the network assessment required under Street, SW., Room CY–B402, required source-oriented lead § 58.10(d). Washington, DC 20554, telephone monitoring sites for lead sources (b) State and, where appropriate, local 1–800–478–3160 or via e-mail http:// emitting greater than 0.50 tpy but less agencies are required to conduct non-source- www.BCPIWEB.com. To request this

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document in accessible formats FEDERAL COMMUNICATIONS (computer diskettes, large print, audio (computer diskettes, large print, audio COMMISSION recording, and Braille), send an e-mail recording, and Braille), send an e-mail to [email protected] or call the to [email protected] or call the 47 CFR Part 73 Commission’s Consumer and Commission’s Consumer and [DA 09–2606; MB Docket No. 09–231; RM– Governmental Affairs Bureau at (202) Governmental Affairs Bureau at (202) 11587] 418–0530 (voice), (202) 418–0432 418–0530 (voice), (202) 418–0432 (TTY). This document does not contain (TTY). This document does not contain Television Broadcasting Services; proposed information collection proposed information collection Atlantic City, NJ requirements subject to the Paperwork requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– AGENCY: Federal Communications Reduction Act of 1995, Public Law 13. In addition, therefore, it does not Commission. 104–13. In addition, therefore, it does contain any proposed information not contain any proposed information ACTION: Proposed rule. collection burden ‘‘for small business collection burden ‘‘for small business SUMMARY: The Commission proposes the concerns with fewer than 25 concerns with fewer than 25 allotment of channel 4 to Atlantic City, employees,’’ pursuant to the Small employees,’’ pursuant to the Small New Jersey. The Commission is waiving Business Paperwork Relief Act of 2002, Business Paperwork Relief Act of 2002, the freeze on the filing of new DTV Public Law 107–198, see 44 U.S.C. Public Law 107–198, see 44 U.S.C. allotments to initiate this proceeding 3506(c)(4). 3506(c)(4). and to advance the policy, as set forth Provisions of the Regulatory Provisions of the Regulatory in Section 331(a) of the Flexibility Act of 1980 do not apply to Flexibility Act of 1980 do not apply to Communications Act of 1934, as this proceeding. Members of the public this proceeding. Members of the public amended, to allocate not less than one should note that from the time a Notice should note that from the time a Notice very high frequency (‘‘VHF’’) of Proposed Rule Making is issued until of Proposed Rule Making is issued until commercial television channel to each the matter is no longer subject to the matter is no longer subject to State, if technically feasible. Commission consideration or court Commission consideration or court DATES: Comments must be filed on or review, all ex parte contacts (other than review, all ex parte contacts (other than before January 29, 2010, and reply ex parte presentations exempt under 47 ex parte presentations exempt under 47 comments on or before February 16, CFR 1.1204(a)) are prohibited in CFR 1.1204(a)) are prohibited in 2010. Commission proceedings, such as this Commission proceedings, such as this one, which involve channel allotments. ADDRESSES: one, which involve channel allotments. Federal Communications See 47 CFR 1.1208 for rules governing See 47 CFR 1.1208 for rules governing Commission, Office of the Secretary, restricted proceedings. restricted proceedings. 445 12th Street, SW., Washington, DC 20554. For information regarding proper For information regarding proper filing procedures for comments, see 47 filing procedures for comments, see 47 FOR FURTHER INFORMATION CONTACT: CFR 1.415 and 1.420. CFR 1.415 and 1.420. Adrienne Y. Denysyk, List of Subjects in 47 CFR Part 73 List of Subjects in 47 CFR Part 73 [email protected], Media Bureau, (202) 418–1600. Television, Television broadcasting. Television, Television broadcasting. SUPPLEMENTARY INFORMATION: This is a For the reasons discussed in the For the reasons discussed in the synopsis of the Commission’s Notice of preamble, the Federal Communications preamble, the Federal Communications Proposed Rule Making, MB Docket No. Commission proposes to amend 47 CFR Commission proposes to amend 47 CFR 09–231, adopted December 17, 2009, Part 73 as follows: Part 73 as follows: and released December 18, 2009. The full text of this document is available for PART 73—RADIO BROADCAST PART 73—RADIO BROADCAST public inspection and copying during SERVICES SERVICES normal business hours in the FCC’s 1. The authority citation for part 73 Reference Information Center at Portals 1. The authority citation for part 73 continues to read as follows: II, CY–A257, 445 12th Street, SW., continues to read as follows: Washington, DC, 20554. This document Authority: 47 U.S.C. 154, 303, 334, 336. Authority: 47 U.S.C. 154, 303, 334, 336. will also be available via ECFS (http:// § 73.622(i) [Amended] www.fcc.gov/cgb/ecfs/). (Documents § 73.622(i) [Amended] 2. Section 73.622(i), the Post- will be available electronically in ASCII, 2. Section 73.622(i), the Post- Transition Table of DTV Allotments Word 97, and/or Adobe Acrobat.) This Transition Table of DTV Allotments under Delaware, is amended by adding document may be purchased from the under New Jersey, is amended by channel 5 at Seaford. Commission’s duplicating contractor, adding channel 4 at Atlantic City. Best Copy and Printing, Inc., 445 12th Barbara A. Kreisman, Street, SW., Room CY–B402, Federal Communications Commission. Chief, Video Division, Media Bureau, Federal Washington, DC 20554, telephone 1– Barbara A. Kreisman, Communications Commission. 800–478–3160 or via e-mail http:// Chief, Video Division, Media Bureau. [FR Doc. E9–31011 Filed 12–29–09; 8:45 am] www.BCPIWEB.com. To request this [FR Doc. E9–31015 Filed 12–29–09; 8:45 am] BILLING CODE 6712–01–P document in accessible formats BILLING CODE 6712–01–P

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Notices Federal Register Vol. 74, No. 249

Wednesday, December 30, 2009

This section of the FEDERAL REGISTER U.S. (excluding remote Alaska) and in housing unit matching operations will contains documents other than rules or Puerto Rico in select CCM sampled be used to determine which CCM and proposed rules that are applicable to the areas. The primary sampling unit is a Census addresses will be eligible to go public. Notices of hearings and investigations, block cluster, which consists of one or to the CCM Person Interview Operation. committee meetings, agency decisions and more geographically contiguous census rulings, delegations of authority, filing of After data collected from the CCM petitions and applications and agency blocks. As in the past, the CCM Person Interview is matched to data statements of organization and functions are operations and activities will be collected by the Census, some cases examples of documents appearing in this conducted independent of and not with discrepancies between the CCM section. influence the 2010 Census operations. Person Interview and Census will be CCM will be conducted to provide sent for another CCM interview called estimates of both net coverage error and the CCM Person Follow-up Operation. A DEPARTMENT OF COMMERCE coverage error components for separate Federal Register Notice has omissions and erroneous enumerations already been issued for the CCM Census Bureau for housing units and persons in Independent Listing, CCM Housing Unit housing units (see Definition of Terms) Proposed Information Collection; Follow-up, and CCM Person Interview in order to gather information necessary operations. Comment Request; Census Coverage to improve future censuses. The data Measurement Person Follow-Up and collection and matching methodologies For each case identified during Person Follow-Up Reinterview for previous coverage measurement matching, we will conduct a CCM Operations programs were designed only to Person Follow-up for selected persons in the household. During CCM Person AGENCY: U.S. Census Bureau, measure net coverage error, which Follow-up, interviewers will use a paper Commerce. measures the net difference between data collection instrument to obtain ACTION: Notice. omissions and erroneous enumerations. The 2010 CCM sample is a multi- information about the selected persons. SUMMARY: The Department of phase probability sample of housing The CCM Person Follow-up operation Commerce, as part of its continuing units comprising a number of distinct will collect the information needed to effort to reduce paperwork and processes, ranging from forming block determine where each selected person respondent burden, invites the general clusters, selecting the block clusters should be counted on Census Day public and other Federal agencies to where the CCM survey will be (according to Census residence rules). take this opportunity to comment on conducted, to eventually selecting For example, interviewers will probe for proposed and/or continuing information addresses for interviewing. Two additional addresses where the person collections, as required by the samples will be selected to measure may have stayed during the year and Paperwork Reduction Act of 1995, census coverage of housing units and dates of stay for each address. household population: the population Public Law 104–13 (44 U.S.C. The CCM Person Follow-up sample (P Sample) and the enumeration 3506(c)(2)(A)). Reinterview is a quality control sample (E sample). These two samples DATES: To ensure consideration, written operation that will be conducted on 15 have traditionally defined the samples comments must be submitted on or percent of the Person Follow-up cases. for dual system estimation, a statistical before March 1, 2010. The purpose of the Person Follow-up technique for measuring net coverage ADDRESSES: Reinterview is to confirm that the CCM Direct all written comments error. The P Sample is a sample of Person Follow-up interviewer to Diana Hynek, Departmental housing units and persons obtained and conducted a CCM Person Follow-up Paperwork Clearance Officer, independently enumerated from the interview with a household member or Department of Commerce, Room 6625, census for a sample of block clusters, a proxy respondent and to conduct the 14th and Constitution Avenue, NW., while the E Sample is a sample of Washington, DC 20230 (or via the census housing units and enumerations complete CCM Person Follow-up Internet at [email protected]). in the same block clusters as the P interview as needed if the original FOR FURTHER INFORMATION CONTACT: sample. interview seems questionable. Requests for additional information or The independent list of housing units II. Method of Collection copies of the information collection is obtained during the CCM instrument(s) and instructions should Independent Listing Operation, the The CCM Person Follow-up and be directed to Gia F. Donnalley, U.S. results of which will be matched to Person Follow-up Reinterview Census Bureau, 4600 Silver Hill Road, census housing units in the sample operations will be conducted using a Room 4K067, Washington, DC 20233, block clusters and surrounding blocks. paper questionnaire. The CCM Person 301–763–4370 (or via the Internet at After the CCM Independent Listing and Follow-up will be conducted through [email protected]). matching operations have taken place, personal interviews while Person SUPPLEMENTARY INFORMATION: some cases with discrepancies between Follow-up Reinterview will be the CCM Independent Listing and the conducted through personal and I. Abstract Census will be identified to receive the telephone interviews. The CCM Person The 2010 Census Coverage CCM Housing Unit Follow-up Follow-up and Person Follow-up Measurement (CCM) Person Follow-up interview. The results of this interview Reinterview operations will occur and Person Follow-up Reinterview will again be matched to the list of starting January 28, 2011 through March Operations will be conducted in the census housing units. The results of the 26, 2011.

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Definition of Terms Comments submitted in response to associated with being able to view Components of Coverage Error—The this notice will be summarized and/or beluga whales and passive use values two components of census coverage included in the request for OMB unrelated to direct human use). Little is error are census omissions (missed approval of this information collection; known about these values, yet such persons or housing units) and erroneous they also will become a matter of public information is needed for decision enumerations (persons or housing units record. makers to more fully understand the enumerated in the census that should Dated: December 24, 2009. trade-offs involved in choosing among not have been). Examples of erroneous Glenna Mickelson, potential protection alternatives and to complement other information available enumerations are persons or housing Management Analyst, Office of the Chief units enumerated in the census that Information Officer. about the costs, benefits, and impacts of should not have been enumerated at all, protection alternatives. [FR Doc. E9–30954 Filed 12–29–09; 8:45 am] The National Marine Fisheries Service persons or housing units enumerated in BILLING CODE 3510–07–P an incorrect location, and persons or plans to conduct a pilot survey to test housing units enumerated more than a survey instrument that will be used to once (duplicates). DEPARTMENT OF COMMERCE collect data for measuring the economic Net Coverage Error—Net Coverage benefits the public receives for Error is a measure of the difference National Oceanic and Atmospheric providing additional protection, beyond between census omissions and Administration current levels, to the Cook Inlet beluga erroneous enumerations. A positive net whale. These preferences are currently error indicates an undercount, while a Proposed Information Collection; not known, but are needed to assist in negative net error indicates an Comment Request; Cook Inlet Beluga the evaluation of alternative measures to overcount. Whale Pilot Economic Survey further protect and recover the species’ population, such as in the evaluation of For more information about the AGENCY: National Oceanic and Census 2010 Coverage Measurement critical habitat designations. The pilot Atmospheric Administration (NOAA), survey consists of conducting a small- Program, please visit the following page Commerce. of the Census Bureau’s Web site: scale mail-telephone survey of U.S. ACTION: Notice. http://www.census.gov/cac/www/pdf/ households that will collect information needed to evaluate the survey coverage-measurement-program.pdf. SUMMARY: The Department of instrument and implementation III. Data Commerce, as part of its continuing procedures. effort to reduce paperwork and OMB Control Number: None. respondent burden, invites the general II. Method of Collection Form Number: D–1301, D–1301(PR), public and other Federal agencies to D–1301.2, D–1301.2(PR). Data will be collected primarily take this opportunity to comment on through a mail survey of a random Type of Review: Regular submission. proposed and/or continuing information Affected Public: Individuals or sample of U.S. households with an collections, as required by the oversampling of Alaska households. Households. Paperwork Reduction Act of 1995. Estimated Number of Respondents: Additional data will be collected in DATES: 57,776 sample addresses for PFU and Written comments must be telephone interviews with individuals 8,667 sample addresses for PFU RI. submitted on or before March 1, 2010. who do not respond to the mail survey. Estimated Time per Response: 15 ADDRESSES: Direct all written comments III. Data minutes. to Diana Hynek, Departmental OMB Control Number: None. Estimated Total Annual Burden Paperwork Clearance Officer, Department of Commerce, Room 7845, Form Number: None. Hours: 16,611 hours. Type of Review: Regular submission. Estimated Total Annual Cost: No cost 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Affected Public: Households. to the respondents except for their time Estimated Number of Respondents: Internet at [email protected]). to respond. 240. Respondent’s Obligation: Mandatory. FOR FURTHER INFORMATION CONTACT: Estimated Time per Response: 25 Legal Authority: Title 13, U.S. Code, Requests for additional information or minutes. Sections 141, 193, and 221. copies of the information collection Estimated Total Annual Burden instrument and instructions should be IV. Request for Comments Hours: 34. directed to Dr. Dan Lew, (530) 752–1746 Estimated Total Annual Cost to Comments are invited on: (a) Whether or [email protected]. Public: $0. the proposed collection of information SUPPLEMENTARY INFORMATION: is necessary for the proper performance IV. Request for Comments of the functions of the agency, including I. Abstract Comments are invited on: (a) Whether whether the information shall have The population of Cook Inlet beluga the proposed collection of information practical utility; (b) the accuracy of the whales found in the Cook Inlet of is necessary for the proper performance agency’s estimate of the burden Alaska is one of five distinct population of the functions of the agency, including (including hours and cost) of the segments in United States (U.S.) waters. whether the information shall have proposed collection of information; (c) It was listed as endangered under the practical utility; (b) the accuracy of the ways to enhance the quality, utility, and Endangered Species Act on October 22, agency’s estimate of the burden clarity of the information to be 2008 (73 FR 62919). The public benefits (including hours and cost) of the collected; and (d) ways to minimize the associated with the results of protective proposed collection of information; (c) burden of the collection of information actions on the Cook Inlet beluga whale, ways to enhance the quality, utility, and on respondents, including through the such as population increases, are clarity of the information to be use of automated collection techniques primarily the result of the non- collected; and (d) ways to minimize the or other forms of information consumptive value people attribute to burden of the collection of information technology. such protection (e.g., active use values on respondents, including through the

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use of automated collection techniques Survey of Non-Property Taxes) forms. Estimated Total Annual Cost: or other forms of information The Census Bureau is requesting a $269,154. technology. revision to the F–73 form, which Respondent’s Obligation: Voluntary. Comments submitted in response to surveys local governments on the non- Legal Authority: Title 13 U.S.C. Section this notice will be summarized and/or property taxes they collect. The revised 182. included in the request for OMB form will collect additional information approval of this information collection; about local government revenue, IV. Request for Comments they also will become a matter of public covering areas such as motor fuel sales, Comments are invited on: (a) Whether record.C public utilities, alcohol sales, tobacco the proposed collection of information Dated: December 23, 2009. sales, motor vehicle licenses and is necessary for the proper performance Gwellnar Banks, operator’s licenses corporate income of the functions of the agency, including and all other non-property taxes. The Management Analyst, Office of the Chief whether the information shall have Information Officer. Census Bureau needs local tax data to practical utility; (b) the accuracy of the publish benchmark statistics on public [FR Doc. E9–30924 Filed 12–29–09; 8:45 am] agency’s estimate of the burden sector taxes, to provide data to the (including hours and cost) of the BILLING CODE 3510–22–P Bureau of Economic Analysis for Gross proposed collection of information; (c) Domestic Product (GDP) calculations ways to enhance the quality, utility, and DEPARTMENT OF COMMERCE and other economic indicators, and to clarity of the information to be provide data for economic research and collected; and (d) ways to minimize the Census Bureau comparative studies of governmental burden of the collection of information finances. Data are collected on a on respondents, including through the Proposed Information Collection; quarterly basis from State and local use of automated collection techniques Comment Request; Quarterly Survey government tax collecting agencies. or other forms of information of State and Local Tax Revenues Tax collection data are used to technology. measure economic activity for the Comments submitted in response to AGENCY: U.S. Census Bureau, Nation as a whole, as well as for this notice will be summarized and/or Commerce. comparison among the various States. included in the request for OMB ACTION: Notice. These data also are useful in comparing approval of this information collection; SUMMARY: The Department of the mix of taxes employed by individual they also will become a matter of public Commerce, as part of its continuing localities, and in determining the record. effort to reduce paperwork and revenue raising capacity of different Dated: December 24, 2009. types of taxes. respondent burden, invites the general Glenna Mickelson, The Quarterly Survey of Non-Property public and other Federal agencies to Management Analyst, Office of the Chief take this opportunity to comment on Taxes (Form F–73) will be sent to Information Officer. approximately 3,000 local tax collection proposed and/or continuing information [FR Doc. E9–30969 Filed 12–29–09; 8:45 am] agencies known to have substantial collections, as required by the BILLING CODE 3510–07–P Paperwork Reduction Act of 1995, collections of local general sales and/or Public Law 104–13 (44 U.S.C. local individual income taxes every 3506(c)(2)(A)). quarter. A new sample frame is being DEPARTMENT OF COMMERCE developed to accompany the new DATES: To ensure consideration, written survey design. The new sample is Census Bureau comments must be submitted on or designed to meet the Office of before March 1, 2010. Management and Budget’s statistical Proposed Information Collection; ADDRESSES: Direct all written comments standards for data quality. Comment Request; Internet to Diana Hynek, Departmental Reinterview Evaluation Paperwork Clearance Officer, II. Method of Collection Department of Commerce, Room 6625, The F–73 forms are sent to AGENCY: U.S. Census Bureau, 14th and Constitution Avenue, NW., respondents by direct mail. Commerce. Washington, DC 20230 (or via the Respondents submit the forms by mail, ACTION: Notice. Internet at [email protected]). e-mail, facsimile or Internet. (E-mail and SUMMARY: The Department of FOR FURTHER INFORMATION CONTACT: facsimile are accepted but not encouraged.) Commerce, as part of its continuing Requests for additional information or effort to reduce paperwork and In those instances when we are not copies of the information collection respondent burden, invites the general able to obtain a response we conduct instrument(s) and instructions should public and other Federal agencies to follow-up operations using e-mail and be directed to Cheryl Lee, Chief, State take this opportunity to comment on phone calls. Finance and Tax Statistics Branch, proposed and/or continuing information Governments Division, U.S. Census III. Data collections, as required by the Bureau, 4600 Silver Hill Road, Paperwork Reduction Act of 1995, Washington, DC 20233 (301–763–5635). OMB Control Number: 0607–0112. Form Number: F–71, F–72, F–73. Public Law 104–13 (44 U.S.C. SUPPLEMENTARY INFORMATION: 3506(c)(2)(A)). Type of Review: Regular submission. I. Abstract Affected Public: Local governments. DATES: To ensure consideration, written The Census Bureau conducts the Estimated Number of Respondents: comments must be submitted on or Quarterly Summary of State and Local 3,800. before March 1, 2010. Tax Revenue, using the F–71 (Quarterly Estimated Time per Response: 45 ADDRESSES: Direct all written comments Survey of Property Tax Collection), F– minutes. to Diana Hynek, Departmental 72 (Quarterly Survey of State Tax Estimated Total Annual Burden Paperwork Clearance Officer, Collections), and F–73 (Quarterly Hours: 11,400. Department of Commerce, Room 6625,

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14th and Constitution Avenue, NW., These design features include format collection. However, the reinterviews Washington, DC 20230 (or via the (topic- or person-based), navigational will be conducted as close to the census Internet at [email protected]). flow (one question per screen), response enumeration as feasible in order to FOR FURTHER INFORMATION CONTACT: category presentation (list or banked effectively compare reinterview results Requests for additional information or categories), visual design elements (such to the 2010 Census self-administered copies of the information collection as item numbering and logos), and other paper questionnaire. Reinterview results instrument(s) and instructions should questionnaire components. To collected within the census be directed to Randall Neugebauer, supplement the interpretation of the environment should reflect a more Bureau of the Census, HQ–3H381, survey results, laboratory data from generalizable measurement error Washington, DC 20233; (301) 763–6883 usability and cognitive testing will be structure for future censuses than or [email protected]. evaluated. results from a mid-decade census test. The reinterviews will be conducted In addition, we hope to capitalize on SUPPLEMENTARY INFORMATION: with a sample of 2010 Census mail respondents’ memory of the recent I. Abstract respondents. The 2010 Internet census advertising to obtain a higher Reinterview Evaluation is intended to As the 2010 Census approaches, response to the reinterviews than would provide estimates of measurement error planning for the 2020 Census is already be possible in the absence of the 2010 associated with the design and content underway. One particular area of Census environment. of a self-administered census Internet The Internet reinterview contact interest for the next decade is to make questionnaire. Since the measurement strategy will be similar to the contact the census more cost-effective and error structure may differ depending on strategy that is used for the 2010 accurate. To that end, the Census whether a respondent has only one Census. Sampled households will be Bureau will explore the use of the response mode option (i.e. mail or sent an advance letter as well as a Internet for the 2020 Census as an Internet) versus having a choice notification letter to inform them of the alternative means for the public to between the two modes, we are testing survey and to provide details about how respond to the census. Thus, we have both ‘‘push’’ and ‘‘choice’’ strategies. to respond online. Up to two reminder established the Internet Reinterview Thus, a sample of 2010 Census mail/ postcards/letters will also be sent. Evaluation as a research component paper questionnaire respondents will be The full implementation contact under the 2010 Census Program for invited to complete an Internet strategy that is used for the 2010 Census Evaluations and Experiments (CPEX). A reinterview (‘‘push’’ Internet), which will be implemented for the mail major goal of this evaluation, and other has the same content as the 2010 paper reinterview and the mail/Internet choice projects under the umbrella of the 2010 questionnaire. A separate sample of the reinterview, which includes an advance CPEX, is to assist in guiding future 2010 mail questionnaire respondents letter, initial questionnaire package, census design. will be invited to complete a mail reminder postcard, and replacement The main objective of the Internet reinterview (‘‘push’’ mail) with the same questionnaire. The mail reinterview Reinterview Evaluation is to estimate 2010 content. A third sample of the questionnaire will be identical in measurement errors, such as simple 2010 mail questionnaire respondents content to the 2010 Census mail response variance and bias of responses will be invited to complete a questionnaire but will have a different from a census paper questionnaire reinterview with the choice of mail and title, will contain the Bureau of the compared to a census Internet Internet modes (‘‘choice’’ Internet/mail). Census seal (as opposed to the 2010 questionnaire. The study will also Comparing the Internet reinterview Census logo), and will have a ‘thank include a mail reinterview component, responses with 2010 Census paper you’ that is customized for reinterview which will provide additional questionnaire data will yield estimates respondents. information for estimating simple of the gross difference rates for each The Internet questionnaire is response variance. In addition to these data item. Similarly, we will compare currently being developed. The Internet measures, we also plan to collect the mail reinterview responses with instrument is not intended to simply metadata related to respondent usability 2010 Census paper questionnaire data to replicate the 2010 paper questionnaire of an Internet census questionnaire (i.e. get estimates of the gross difference in an electronic mode. Rather, the goal keystroke analysis, break-off rates, rates for the same data items. Then, we is to evaluate measurement error completion times, etc.) will compare the gross difference rate associated with an Internet II. Method of Collection estimates for the two reinterviews to questionnaire that exploits the assess the simple response variance of advantages of the electronic technology, The general methodology for this the census Internet questionnaire versus while still retaining the meaning and evaluation focuses on the use of a self- the census paper questionnaire intent of the questions and response administered Internet reinterview. administration. In addition to this options from the paper form. Extensive Internet reinterview data will be traditional approach, we are currently laboratory usability testing will be compared to 2010 Census paper exploring the use of alternative analysis conducted during the design phase. questionnaire data for the same methods to estimate the error This will include qualitative research households to estimate gross difference probabilities. We will also attempt to get such as eye-tracking and mouse-tracing rates. A similar comparison will be an indication of the magnitude of studies, key-stroke analysis, and made for the mail reinterview to nonresponse bias by comparing documentation of what question(s), if estimate gross difference rates for the demographic characteristics of any, were most susceptible to confusion paper mode. These gross difference rates reinterview respondents and or other problems. will be compared to get the nonrespondents based on data from measurement error that arises from their 2010 Census paper responses. III. Data Internet versus census paper The Internet and mail reinterviews OMB Control Number: 0607–XXXX. questionnaires. will be conducted in late summer, after Form Number: TBD. Measurement error can arise from the 2010 Census enumeration activities Type of Review: Regular submission. various sources, such as questionnaire have been completed in order to Affected Public: Individuals or design features and response mode. minimize the risk to 2010 Census data Households.

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Estimated Number of Respondents: the People’s Republic of China coupling stock. Excluded from the scope 262,857 (‘‘PRC’’) 1 as described below in the of the investigation are casing or tubing Estimated Time per Response: 10 ‘‘Supplementary Information’’ section of containing 10.5 percent or more by minutes. this notice. The Department has weight of chromium; drill pipe; Estimated Total Annual Burden corrected those errors and has re- unattached couplings; and unattached Hours: 43,810. calculated the antidumping duty thread protectors. Estimated Total Annual Cost: There is margins for a mandatory respondent and The merchandise covered by the no cost to the respondent other than his/ for exporters eligible for a separate rate investigation is currently classified in her time. as shown below in the ‘‘Amended the Harmonized Tariff Schedule of the Respondent’s Obligation: Voluntary. Preliminary Determination’’ section of United States (‘‘HTSUS’’) under item Legal Authority: Title 13 U.S.C. Sections this notice. As a result of a document numbers: 7304.29.10.10, 7304.29.10.20, 141 and 193. conversion error, the version of this 7304.29.10.30, 7304.29.10.40, notice released to interested parties on 7304.29.10.50, 7304.29.10.60, IV. Request for Comments December 4, 2009, omitted the name of 7304.29.10.80, 7304.29.20.10, Comments are invited on: (a) Whether an exporter/producer combination that 7304.29.20.20, 7304.29.20.30, the proposed collection of information is eligible for a separate rate 2 and 7304.29.20.40, 7304.29.20.50, is necessary for the proper performance inadvertently misidentified the name of 7304.29.20.60, 7304.29.20.80, of the functions of the agency, including a non-selected respondent, Qiqihaer 7304.29.31.10, 7304.29.31.20, whether the information shall have Haoying Iron and Steel Co., Ltd. of 7304.29.31.30, 7304.29.31.40, practical utility; (b) the accuracy of the Northeast Special Steel Group 7304.29.31.50, 7304.29.31.60, agency’s estimate of the burden (‘‘Qiqihaer’’), a separate-rate applicant. 7304.29.31.80, 7304.29.41.10, (including hours and cost) of the This amended notice corrects this error. 7304.29.41.20, 7304.29.41.30, proposed collection of information; (c) Because these errors were discovered 7304.29.41.40, 7304.29.41.50, ways to enhance the quality, utility, and prior to publication in the Federal 7304.29.41.60, 7304.29.41.80, clarity of the information to be Register, this amended preliminary 7304.29.50.15, 7304.29.50.30, collected; and (d) ways to minimize the determination is being published in 7304.29.50.45, 7304.29.50.60, burden of the collection of information place of the original version released on 7304.29.50.75, 7304.29.61.15, on respondents, including through the December 4, 2009. 7304.29.61.30, 7304.29.61.45, use of automated collection techniques FOR FURTHER INFORMATION CONTACT: Paul 7304.29.61.60, 7304.29.61.75, or other forms of information Stolz or Eugene Degnan, Import 7305.20.20.00, 7305.20.40.00, technology. Administration, International Trade 7305.20.60.00, 7305.20.80.00, Comments submitted in response to Administration, U.S. Department of 7306.29.10.30, 7306.29.10.90, this notice will be summarized and/or Commerce, 14th Street and Constitution 7306.29.20.00, 7306.29.31.00, included in the request for OMB Avenue, NW., Washington, DC 20230; 7306.29.41.00, 7306.29.60.10, approval of this information collection; telephone: (202) 482–4474, or 482–0414, 7306.29.60.50, 7306.29.81.10, and they also will become a matter of public respectively. 7306.29.81.50. record. Scope of Investigation The OCTG coupling stock covered by the investigation may also enter under Dated: December 24, 2009. The merchandise covered by the Glenna Mickelson, the following HTSUS item numbers: investigation consists of certain oil 7304.39.00.24, 7304.39.00.28, Management Analyst, Office of the Chief country tubular goods (‘‘OCTG’’), which Information Officer. 7304.39.00.32, 7304.39.00.36, are hollow steel products of circular 7304.39.00.40, 7304.39.00.44, [FR Doc. E9–30966 Filed 12–29–09; 8:45 am] cross-section, including oil well casing 7304.39.00.48, 7304.39.00.52, BILLING CODE 3510–07–P and tubing, of iron (other than cast iron) 7304.39.00.56, 7304.39.00.62, or steel (both carbon and alloy), whether 7304.39.00.68, 7304.39.00.72, seamless or welded, regardless of end DEPARTMENT OF COMMERCE 7304.39.00.76, 7304.39.00.80, finish (e.g., whether or not plain end, 7304.59.60.00, 7304.59.80.15, threaded, or threaded and coupled) International Trade Administration 7304.59.80.20, 7304.59.80.25, whether or not conforming to American 7304.59.80.30, 7304.59.80.35, [A–570–943] Petroleum Institute (‘‘API’’) or non-API 7304.59.80.40, 7304.59.80.45, specifications, whether finished 7304.59.80.50, 7304.59.80.55, Certain Oil Country Tubular Goods (including limited service OCTG 7304.59.80.60, 7304.59.80.65, From the People’s Republic of China: products) or unfinished (including 7304.59.80.70, and 7304.59.80.80. Notice of Amended Preliminary green tubes and limited service OCTG Determination of Sales at Less Than products), whether or not thread The HTSUS subheadings are provided Fair Value protectors are attached. The scope of the for convenience and customs purposes investigation also covers OCTG only, the written description of the AGENCY: Import Administration, scope of the investigation is dispositive. International Trade Administration, 1 See Certain Oil Country Tubular Goods From SUPPLEMENTARY INFORMATION: Department of Commerce. the People’s Republic of China: Notice of DATES: Effective Date: December 30, Preliminary Determination of Sales at Less Than Significant Ministerial Error 2009. Fair Value, Affirmative Preliminary Determination Pursuant to 19 CFR 351.224(e) and of Critical Circumstances and Postponement of SUMMARY: The Department of Commerce Final Determination, 74 FR 59117 (November 17, (g)(1), the Department is amending the (‘‘Department’’) has determined that it 2009) (‘‘Preliminary Determination’’). preliminary determination of sales at made certain significant ministerial 2 The amended Preliminary Determination less than fair value in the antidumping errors in the preliminary determination released to parties on December 4, 2009, duty investigation of OCTG from the inadvertently omitted the following exporter and of sales at less than fair value in the producer combination: Exporter, Pangang Group PRC to reflect the correction of antidumping duty investigation of oil Chengdu Iron & Steel; Producer, Pangang Group significant ministerial errors it made in country tubular goods (‘‘OCTG’’) from Chengdu Iron & Steel. the margin calculations regarding

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Tianjin Pipe (Group) Corporation proceeding. See Preliminary amended preliminary determination, we (‘‘TPCO’’), a mandatory respondent, and Determination. On November 13, 2009, have revised the antidumping rate for in the name of a non-selected Qiqihaer, a separate rate applicant, TPCO and corrected Qiqihaer’s name in respondent, Qiqihaer Haoying Iron and submitted a ministerial error allegation the list of exporters that received a Steel Co., Ltd. of Northeast Special Steel claiming that the Department did not separate rate.4 In addition, we have Group (‘‘Qiqihaer’’), a separate rate name it in the Preliminary revised the separate rate based on applicant. A ministerial error is defined Determination as one of the exporters TPCO’s revised dumping margin. as an error in addition, subtraction, or receiving a separate rate. On November The collection of bonds or cash other arithmetic function, clerical error 16, 2009, Maverick Tube Corporation deposits and suspension of liquidation resulting from inaccurate copying, and United States Steel Corporation will be revised accordingly and parties 3 duplication, or the like, and any other (‘‘Petitioners’’) submitted ministerial will be notified of this determination, in similar type of unintentional error error allegations with respect to the accordance with section 733(d) and (f) which the Secretary considers margin calculations for TPCO in the of the Tariff Act of 1930, as amended, ministerial. See 19 CFR 351.224(f). A Preliminary Determination, relating to (‘‘the Act’’). significant ministerial error is defined as certain conversion errors and surrogate a ministerial error, the correction of value calculations. No other interested Effective Date which, singly or in combination with party submitted ministerial error other errors, would result in (1) a allegations. The Department has The effective date of the corrected change of at least five absolute reviewed its preliminary calculations name for Qiqihaer will be November 17, percentage points in, but not less than and agrees that the errors which the 2009, the date of publication of the 25 percent of, the weighted-average parties alleged are significant Preliminary Determination. The dumping margin calculated in the ministerial errors within the meaning of effective date of the amended original (erroneous) preliminary 19 CFR 351.224(g). See the ‘‘Ministerial preliminary determination rate for determination or (2) a difference Error Memorandum, Certain Oil TPCO and the separate rate recipients between a weighted-average dumping Country Tubular Goods from the will the date of publication of this margin of zero or de minimis and a People’s Republic of China, Preliminary amended preliminary determination in weighted-average dumping margin of Determination of Sales at Less Than Fair the Federal Register. greater than de minimis or vice versa. Value,’’ dated December 4, 2009, for a Amended Preliminary Determination See 19 CFR 351.224(g). discussion of the ministerial error allegations. See Appendix I for a list of As a result of our correction of Ministerial-Error Allegation the ministerial error allegations. significant ministerial errors in the On November 17, 2009, the We are publishing this amendment to Preliminary Determination, we have Department published its affirmative the preliminary determination pursuant determined that the following weighted- preliminary determination in this to 19 CFR 351.224(e). As a result of this average dumping margins apply:

Weighted-av- Exporter Producer erage margin

Tianjin Pipe International Economic and Trading Corporation ... Tianjin Pipe (Group) Corporation ...... 96.51 Angang Group Hong Kong Co., Ltd ...... Angang Steel Co. Ltd ...... 96.51 Angang Steel Co., Ltd., and Angang Group International Trade Angang Steel Co. Ltd ...... 96.51 Corporation. Anhui Tianda Oil Pipe Co., Ltd ...... Anhui Tianda Oil Pipe Co., Ltd ...... 96.51 Anshan Zhongyou Tipo Pipe & Tubing Co., Ltd ...... Anshan Zhongyou Tipo Pipe & Tubing Co., Ltd ...... 96.51 Baotou Steel International Economic and Trading Co., Ltd ...... Baotou Steel International Economic and Trading Co., Ltd ...... 96.51 Benxi Northern Steel Pipes Co., Ltd ...... Benxi Northern Steel Pipes Co., Ltd ...... 96.51 Chengdu Wanghui Petroleum Pipe Co. Ltd ...... Chengdu Wanghui Petroleum Pipe Co. Ltd ...... 96.51 Dalipal Pipe Company ...... Dalipal Pipe Company ...... 96.51 Faray Petroleum Steel Pipe Co. Ltd ...... Faray Petroleum Steel Pipe Co. Ltd ...... 96.51 Freet Petroleum Equipment Co., Ltd. of Shengli Oil Field, The Freet Petroleum Equipment Co., Ltd. of Shengli Oil Field, The 96.51 Thermal Recovery Equipment, Zibo Branch. Thermal Recovery Equipment, Zibo Branch. Hengyang Steel Tube Group International Trading, Inc ...... Hengyang Valin MPM Tube Co., Ltd.; Hengyang Valin Steel 96.51 Tube Co., Ltd. Huludao Steel Pipe Industrial Co., Ltd./Huludao City Steel Pipe Huludao Steel Pipe Industrial Co., Ltd./Huludao City Steel 96.51 Industrial Co., Ltd. Pipe Industrial Co., Ltd. Jiangsu Chengde Steel Tube Share Co., Ltd ...... Jiangsu Chengde Steel Tube Share Co., Ltd ...... 96.51 Jiangyin City Changjiang Steel Pipe Co., Ltd ...... Jiangyin City Changjiang Steel Pipe Co., Ltd ...... 96.51 Pangang Group Beihai Steel Pipe Corporation ...... Pangang Group Beihai Steel Pipe Corporation ...... 96.51 Pangang Group Chengdu Iron & Steel ...... Pangang Group Chengdu Iron & Steel ...... 96.51 Qingdao Bonded Logistics Park Products International Trading Shengli Oilfield Highland Petroleum Equipment Co., Ltd.; 96.51 Co., Ltd. Shandong Continental Petroleum Equipment Co., Ltd.; Aofei Tele Dongying Import & Export Co., Ltd.; Highgrade Tubular Manufacturing (Tianjin) Co., Ltd.; Cangzhou City Baohai Pe- troleum Material Co., Ltd. Qiqihaer Haoying Iron and Steel Co., Ltd. of Northeast Special Qiqihaer Haoying Iron and Steel Co., Ltd. of Northeast Special 96.51 Steel Group. Steel Group. Shandong Dongbao Steel Pipe Co., Ltd ...... Shandong Dongbao Steel Pipe Co., Ltd ...... 96.51

3 TMK IPSCO, V&M Star L.P., V&M Tubular Union, AFL–CIO–CLC, also Petitioners, did not Bonded Logistics Park Products International Corporation of America, Wheatland Tube Corp., submit ministerial error allegations. Trading Co., Ltd.’’ as both the exporter and Evraz Rocky Mountain Steel, and United Steel, 4 In the Preliminary Determination, we producer; there was no separate rate applicant Paper and Forestry, Rubber, Manufacturing, Energy, inadvertently referred to Qiqihaer as ‘‘Qiqihaer named Qiqihaer Bonded Logistics Park Products Allied Industrial and Service Workers International International Trading Co., Ltd.

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Weighted-av- Exporter Producer erage margin

ShanDong HuaBao Steel Pipe Co., Ltd ...... ShanDong HuaBao Steel Pipe Co., Ltd ...... 96.51 Shandong Molong Petroleum Machinery Co., Ltd ...... Shandong Molong Petroleum Machinery Co., Ltd ...... 96.51 Shanghai Metals & Minerals Import & Export Corp./Shanghai Jiangsu Changbao Steel Pipe Co., Ltd.; Huludao Steel Pipe 96.51 Minmetals Materials & Products Corp. 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 ...... 96.51 Shengli Oil Field Freet Petroleum Equipment Co., Ltd ...... Freet Petroleum Equipment Co., Ltd. of Shengli Oil Field, The 96.51 Thermal Recovery Equipment, Zibo Branch; Faray Petro- leum 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, The 96.51 Thermal Recovery Equipment, Zibo Branch; Tianda Oil Pipe Co., Ltd; Wuxi Fastube Dingyuan Precision Steel Pipe Co., Ltd. Shengli Oilfield Highland Petroleum Equipment Co., Ltd ...... Tianjin Pipe Group Corp.; Goods & Materials Supply Dept. of 96.51 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 ...... 96.51 Tianjin Xingyuda Import and Export Co., Ltd. & Hong Kong Tianjin Lifengyuanda Steel Group Co., Ltd ...... 96.51 Gallant Group Limited. Tianjin Seamless Steel Pipe Plant ...... Tianjin Seamless Steel Pipe Plant ...... 96.51 Tianjin Tiangang Special Petroleum Pipe Manufacturer Co., Tianjin Tiangang Special Petroleum Pipe Manufacturer Co., 96.51 Ltd. Ltd. Wuxi Baoda Petroleum Special Pipe Manufacturing Co., Ltd .... Wuxi Baoda Petroleum Special Pipe Manufacturing Co., Ltd ... 96.51 Wuxi Seamless Oil Pipe Co., Ltd ...... Wuxi Seamless Oil Pipe Co., Ltd ...... 96.51 Wuxi Sp. Steel Tube Manufacturing Co., Ltd ...... Wuxi Precese Special Steel Co., Ltd ...... 96.51 Wuxi Zhenda Special Steel Tube Manufacturing Co., Ltd ...... Huai’an Zhenda Steel Tube Manufacturing Co., Ltd ...... 96.51 Xigang Seamless Steel Tube Co., Ltd ...... Xigang Seamless Steel Tube Co., Ltd.; Wuxi Seamless Spe- 96.51 cial Pipe Co., Ltd. Yangzhou Lontrin Steel Tube Co., Ltd ...... Yangzhou Lontrin Steel Tube Co., Ltd ...... 96.51 Zhejiang Jianli Co., Ltd. & Zhejiang Jianli Steel Tube Co., Ltd Zhejiang Jianli Co., Ltd.; Zhejiang Jianli Steel Tube Co., Ltd ... 96.51 PRC-wide Entity* ...... 99.14

*Shengli Oil Field Freet Import & days after the date of the preliminary Issue 6: Whether the Department applied Export Trade Co., Ltd. is part of the determination or 45 days after our final converted MT values in certain U.S. PRC-wide entity. determination whether the domestic price adjustments. The PRC-wide rate has not been industry in the United States is Issue 7: Whether the Department failed to amended. Further, we will not instruct list the name of a company granted a materially injured, or threatened with separate rate in the preliminary U.S. Customs and Border Protection material injury, by reason of imports, or determination in the Federal Register (‘‘CBP’’) to suspend liquidation or sales (or likelihood of sales) for notice. require a cash deposit or the posting of importation, of the subject merchandise. a bond for imports of OCTG from the [FR Doc. E9–31025 Filed 12–29–09; 8:45 am] This determination is issued and PRC exported and produced by BILLING CODE 3510–DS–P published in accordance with sections Changbao, because we have calculated a 733(f) and 777(I)(1) of the Act and 19 margin of zero percent for Changbao. In CFR 351.224(e). addition, consistent with the DEPARTMENT OF COMMERCE Preliminary Determination, we will Dated: December 18, 2009. Foreign-Trade Zones Board adjust, as appropriate, the remaining Ronald K. Lorentzen, exporter’s cash deposit rates for export Deputy Assistant Secretary for Import [Order No. 1656] subsidies determined in Certain Oil Administration. Country Tubular Goods From the Approval of Manufacturing Authority; People’s Republic of China: Preliminary Appendix I Foreign-Trade Zone 79; Tampa, FL; Affirmative Countervailing Duty Issue 1: Whether the Department Tampa Ship, LLC (Shipbuilding) Determination, Preliminary Negative incorrectly applied a currency Critical Circumstances Determination, conversion rate to the surrogate value for Pursuant to its authority under the 74 FR 47210 (September 15, 2009). oxygen. Foreign-Trade Zones Act of June 18, Issue 2: Whether the Department used the 1934, as amended (19 U.S.C. 81a–81u) International Trade Commission correct value for steel scrap. (the Act), the Foreign-Trade Zones Notification Issue 3: Whether the Department used the Board (the Board) adopts the following In accordance with section 733(f) of correct surrogate value for marine Order: the Act, we have notified the insurance. Whereas, the City of Tampa (Florida), Issue 4: Whether the Department made an International Trade Commission (‘‘ITC’’) error converting brokerage and handling grantee of FTZ 79, has requested of our amended preliminary to a metric ton (‘‘MT’’) basis. authority under Section 400.28(a)(2) of determination. If our final Issue 5: Whether the Department the Board’s regulations on behalf of determination is affirmative, the ITC erroneously applied a weight conversion Tampa Ship, LLC, to construct and will determine before the later of 120 to certain export price (‘‘EP’’) sales. repair oceangoing vessels under FTZ

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procedures within FTZ 79—Site 5, Signed at Washington, DC, this 18th day of Dated: December 22, 2009. Tampa, Florida (FTZ Docket 1–2009, December 2009. Ronald K. Lorentzen, filed 1–23–2009); Ronald K. Lorentzen Deputy Assistant Secretary for Import Whereas, the proposed shipbuilding Deputy Assistant Secretary of Commerce for Administration. Import Administration, Alternate Chairman, [FR Doc. E9–31024 Filed 12–29–09; 8:45 am] and repair activity would be subject to Foreign-Trade Zones Board. BILLING CODE 3510–DS–P the ‘‘standard shipyard restriction’’ (full Andrew McGilvray, customs duties paid on steel mill Executive Secretary. products); [FR Doc. E9–31022 Filed 12–29–09; 8:45 am] DEPARTMENT OF COMMERCE Whereas, notice inviting public BILLING CODE 3510–DS–P comment has been given in the Federal National Oceanic and Atmospheric Register (74 FR 6012, 2–4–2009); Administration Whereas, the Board adopts the DEPARTMENT OF COMMERCE RIN 0648–XT53 findings and recommendations of the International Trade Administration examiner’s report, and finds that the Endangered and Threatened Species; Take of Anadromous Fish requirements of the FTZ Act and the Clarification of the 2009 Calculation of Board’s regulations would be satisfied, Expected Non-Market Economy Wages AGENCY: National Marine Fisheries and that approval of the application Service (NMFS), National Oceanic and would be in the public interest; AGENCY: Import Administration, Atmospheric Administration (NOAA), International Trade Administration, Commerce. Now, therefore, the Board hereby Department of Commerce. grants authority for the construction and ACTION: Applications for five new ACTION: repair of oceangoing vessels within FTZ Clarification of the effective date scientific research permits and two of 2009 expected non-market economy 79 for Tampa Ship, LLC, as described in permit modifications. wage calculation. the application and Federal Register SUMMARY: Notice is hereby given that notice, subject to the Act and the SUMMARY: On December 8, 2009, the NMFS has received seven scientific Board’s regulations, including Section Department of Commerce research permit application requests 400.28, and the following special (‘‘Department’’) published the final relating to Pacific salmon. The proposed conditions: calculation of the 2009 expected non- research is intended to increase 1. Any foreign steel mill product market economy (‘‘NME’’) wages. See knowledge of species listed under the admitted to FTZ 79 for the Tampa Ship, 2009 Calculation of Expected Non- Endangered Species Act (ESA) and to LLC activity, including plate, angles, Market Economy Wages, 74 FR 65092 help guide management and shapes, channels, rolled steel stock, (December 9, 2009) (‘‘Final 2009 conservation efforts. The applications bars, pipes and tubes, not incorporated Notice’’). In the Final 2009 Notice, the may be viewed online at: https:// into merchandise otherwise classified, Department stated that the final wage apps.nmfs.noaa.gov/preview/ and which is used in manufacturing, rate would be applied to all previewlopenlforlcomment.cfm. antidumping proceedings for which the shall be subject to customs duties in DATES: Comments or requests for a Department’s final decision is due after accordance with applicable law, unless public hearing on the applications must the publication of the notice. The the Executive Secretary determines that be received at the appropriate address or Department hereby clarifies that it will fax number (see ADDRESSES) no later the same item is not then being apply this wage rate to final produced by a domestic steel mill. than 5 p.m. Pacific standard time on determinations subsequent to the January 29, 2010. 2. Tampa Ship, LLC shall meet its publication of the Final 2009 Notice in ADDRESSES: Written comments on the obligation under 15 CFR § 400.28(a)(3) antidumping proceedings for which the applications should be sent to the by annually advising the Board’s Department has not yet reached the Protected Resources Division, NMFS, preliminary results. The Final 2009 Executive Secretary as to significant 1201 NE Lloyd Blvd., Suite 1100, Notice remains in effect in all other new contracts with appropriate Portland, OR 97232–1274. Comments respects. information concerning foreign may also be sent via fax to 503–230– purchases otherwise dutiable, so that DATES: These expected NME wage rates 5441 or by e-mail to the Board may consider whether any have been finalized in the Final 2009 [email protected]. foreign dutiable items are being Notice and will be applied to all FOR FURTHER INFORMATION CONTACT: imported for manufacturing in the zone antidumping proceeding final Garth Griffin, Portland, OR (ph.: 503– primarily because of FTZ procedures determinations subsequent to December 231–2005, Fax: 503–230–5441, e-mail: and whether the Board should consider 8, 2009, for which the Department has [email protected]). Permit requiring customs duties to be paid on not yet reached the preliminary results. application instructions are available such items. FOR FURTHER INFORMATION CONTACT: from the address above, or online at 3. All foreign-origin safety netting Bobby Wong, International Trade apps.nmfs.noaa.gov. Analyst, Operations Office IX, Import (HTSUS 5608.90) for the Tampa Ship, SUPPLEMENTARY INFORMATION: LLC activity must be admitted to the Administration, U.S. Department of zone in privileged foreign status (19 Commerce, 14th Street and Constitution Species Covered in This Notice CFR 146.41) or domestic (duty-paid) Avenue, NW., Washington, DC 20230; The following listed species are status (19 CFR 146.43). telephone: (202) 482–0409. covered in this notice: RESULTS: The final results and Chinook salmon (Oncorhynchus underlying data for the 2009 calculation tshawytscha): threatened lower have been posted on the Import Columbia River (LCR), threatened upper Administration Web site at (http:// Willamette River (UWR), endangered ia.ita.doc.gov). upper Columbia River (UCR), threatened

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Snake River (SR) spring/summer (spr/ at Bonneville Dam; Project 3--Adult habitat restoration efforts and the status sum), threatened SR fall, threatened Sockeye Sampling at Tumwater and and trends of aquatic species. The Puget Sound (PS). Wells dams; and Project 4--Acoustic applicant proposes to capture fish with Chum salmon (O. keta): threatened trawl survey for Lake Wenatchee backpack and boat electrofishing Columbia River (CR). juvenile sockeye salmon. This equipment. Listed fish would be Steelhead (O. mykiss): threatened modification would increase the enumerated and immediately released. LCR, threatened UWR, threatened number of fish CRITFC is allowed to The applicant does not propose to kill middle Columbia River (MCR), handle and add Project 4. The research any listed fish species, but a small threatened SR, threatened UCR, will benefit listed fish by helping number may die as an unintended result threatened PS. managers set in-river and ocean harvest of the activities. regimes so that they have minimal Coho salmon (O. kisutch): threatened Permit 14647 LCR, threatened Oregon Coast (OC). impacts on listed populations. It will Sockeye salmon (O. nerka): also help managers prioritize projects in Wyllie-Echeverria Associates (WEA) endangered SR. a way that gives maximum benefit to is seeking to renew a research permit Green Sturgeon (Acipenser listed species including projects (permit 1521–4M) that currently medirostris) designed to help the listed fish recover. authorizes the WEA to take juvenile Eulachon: Southern Distinct The CRITFC would obtain fish from the natural and hatchery PS Chinook while Population Segment (DPS) adult collection facilities at Bonneville, conducting research designed to (Thaleichthys pacificus) Wells, and Tumwater dams. The fish determine which salmonid species and will be anesthetized, measured, which Chinook salmon stocks use the Authority examined for marks, scale-sampled, and nearshore marine habitats of San Juan Scientific research permits are issued allowed to return to the river. The Archipelago, Washington. The in accordance with section 10(a)(1)(A) researchers would also use beach- and modification would allow them to take of the ESA (16 U.S.C. 1531 et. seq) and stick seines to capture and tag juvenile juvenile PS steelhead as well. The regulations governing listed fish and fish in the Hanford reach of the research would benefit the listed fish by wildlife permits (50 CFR parts 222–226). Columbia River and capture fish during helping managers set priorities for NMFS issues permits based on findings mid-water trawls in Lake Wenatchee. protecting salmonid habitat in that such permits: (1) are applied for in Those fish that are not immediately Washington. Also, the information good faith; (2) if granted and exercised, released upon capture would be gathered would be used in salmon would not operate to the disadvantage transported to a holding facility where recovery planning. The WEA proposes of the listed species that are the subject they will be anesthetized, examined for to capture fish using beach seines, toss of the permit; and (3) are consistent marks, adipose-clipped, coded wire nets, and surface tow nets. The fish with the purposes and policy of section tagged, allowed to recover, and released. would be handled, anesthetized, fin 2 of the ESA. The authority to take The CRITFC does not intend to kill any clipped, and released at selected sites in listed species is subject to conditions set of the fish being captured but a small the nearshore marine habitats of the forth in the permits. number may die as an unintended result islands. The WEA does not propose to Anyone requesting a hearing on an of the activities. kill any of the fish being captured, but a small number may die as an application listed in this notice should Permit 14271–2M set out the specific reasons why a unintended result of the activities. The Washington State Department of hearing on that application would be Permit 14678 appropriate (see ADDRESSES). Such Ecology (Ecology) is seeking to modify hearings are held at the discretion of the their 2 year scientific research permit Mr. Kenneth L. Witty is seeking to Assistant Administrator for Fisheries, that currently authorizes them to take annually take juvenile, threatened, MCR NMFS. juvenile and adult PS Chinook salmon, steelhead during the course of scientific PS steelhead, and HC chum salmon. The research in the Yakima River basin in Applications Received modification would expand the area of Washington. The purpose of the Permit 1379–5M the research to include the lower research is to study fish communities in Columbia River and some Washington the irrigation drainage networks of the The Columbia River Inter-Tribal Fish coastal areas. It would also allow them lower Yakima River basin. The project Commission (CRITFC) is seeking to to take UCR steelhead and Chinook, SR will determine the extent to which modify a permit that currently allows sockeye, spr/sum Chinook, fall Chinook, threatened steelhead juveniles inhabit them to take listed salmonids (UCR and steelhead, LCR Chinook, coho and the irrigation networks. The research steelhead and Chinook; LCR steelhead steelhead, MCR steelhead, UWR will benefit threatened MCR steelhead and Chinook; MCR steelhead; and SR Chinook, CR chum, green sturgeon, and by giving Federal managers data on steelhead, spr/sum Chinook, fall southern DPS eulachon. The purpose of where the fish are in the Yakima River Chinook, and sockeye) while the project is to continue developing a basin irrigation system thus helping conducting research designed to sampling plan to report on the status of them make decisions about how to run increase what we know about the status watershed health and salmon recovery the system in a way that conserves the and productivity of various fish efforts at three spatial scales: Water species. Backpack electrofishing populations, collect data on migratory Resource Inventory Area, Salmon equipment will be used to sample fish and exploitation (harvest) patterns, and Recovery Region, and statewide. The distribution and abundance. Mr. Witty develop baseline information on various goal is to develop a quality assurance does not intend to kill any listed population and habitat parameters in monitoring plan for statewide salmonids but a few may die as an order to guide salmonid restoration probability-based sampling of aquatic unintentional result of the research. strategies. The permit would comprise habitat conditions and species diversity four studies: Project 1--Juvenile Upriver and abundance. The information Permit 14717 Bright Fall Chinook Sampling at the gathered by this research would benefit The US Fish and Wildlife Service Hanford Reach; Project 2--Adult listed salmonids by helping resource (FWS) is requesting a one-year research Chinook, Sockeye, and Coho Sampling managers evaluate the effectiveness of permit to take juvenile LCR Chinook,

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coho, and chum salmon. The Pacific contaminants in marine and estuarine by 11:59 p.m. Pacific Time, April 1, Northwest National Laboratory has been fish tissue as one component of 2010. conducting a comparative study of ecological health. The listed species ADDRESSES: Documents will be available disturbed, undisturbed, and restored would benefit indirectly from the from, and written comments should be estuarine marshes in three tributaries of development of actions to control, sent to, Mr. David Ortmann, Chairman, the Gray’s River, Washington. Their reduce, and remove toxic contaminants Pacific Fishery Management Council, study has examined the vegetative and from Washington State’s waters. Ecology 7700 NE Ambassador Place, Suite 101, hydrological conditions but relatively would capture fish (using otter trawl, Portland, OR 97220–1384, telephone: little information has been collected on hook-and-line, or beach seine), handle, (503) 820–2280 (voice) or (503) 820– salmonids. The objective of the FWS is and release them. Ecology does not 2299 (fax). Comments can also be to study species distribution and intend to kill any listed fish, but a small abundance in these three tributaries. number may die as an unintended result submitted via e-mail at The goal of the FWS is to determine if of the activities. [email protected]. address, or there is a significant difference in This notice is provided pursuant to through the internet at the Federal species abundance and diversity among section 10(c) of the ESA. NMFS will eRulemaking Portal: http:// these three sites. The research would evaluate the applications, associated www.regulations.gov. Follow the benefit the species by helping managers documents, and comments submitted to instructions for submitting comments, learn more about the effectiveness of determine whether the applications and include the I.D. number in the habitat restoration efforts. The FWS meet the requirements of section 10(a) subject line of the message. For specific would use backpack electrofishing of the ESA and Federal regulations.The meeting and hearing locations, see equipment to capture, handle, and final permit decisions will not be made supplementary information. release salmonids. Fish would be until after the end of the 30-day Council address: Pacific Fishery sedated with MS–222, weighed, comment period. NMFS will publish Management Council, 7700 NE measured, then allowed to recover notice of its final action in the Federal Ambassador Place, Suite 101, Portland, before release. The FWS does not intend Register. OR 97220. to kill any fish being captured but a Dated: December 24, 2009. FOR FURTHER INFORMATION CONTACT: Mr. small number may die as an unintended Therese Conant, Chuck Tracy, telephone: (503) 820– result of the activities. Acting Chief, Endangered Species Division, 2280. Permit 14772 Office of Protected Resources, National SUPPLEMENTARY INFORMATION: Marine Fisheries Service. The Oregon Department of Fish and [FR Doc. E9–31005 Filed 12–29–09; 8:45 am] Schedule for Document Completion and Wildlife (ODFW) is requesting a five- Availability year research permit to take juvenile BILLING CODE 3510–22–S and adult OC coho salmon. The February 25, 2010: ‘‘Review of 2009 Ocean Salmon Fisheries’’ and objective of the research is to determine DEPARTMENT OF COMMERCE fish abundance and distribution, as well ‘‘Preseason Report I-Stock Abundance Analysis for 2010 Ocean Salmon as habitat preference in the Umpqua National Oceanic and Atmospheric Fisheries’’ will be mailed to the public River. The ODFW would also study the Administration distribution of non-native invasive and posted on the Council website at species, interspecific competition, and RIN: 0648–XT55 http://www.pcouncil.org. predator-prey interactions. The March 23, 2010: ‘‘Preseason Report II- Pacific Fishery Management Council; Analysis of Proposed Regulatory information would benefit OC coho by Public Meetings and Hearings helping to improve management plans. Options for 2010 Ocean Salmon The ODFW would use backpack and AGENCY: National Marine Fisheries Fisheries’’ and public hearing schedule boat electrofishing equipment to capture Service (NMFS), National Oceanic and will be mailed to the public and posted fish that would then be handled and Atmospheric Administration (NOAA), on the Council website at http:// swiftly released. The ODFW will avoid Commerce. www.pcouncil.org. The report will adult coho, but a few may be shocked. ACTION: Notice of availability of reports; include a description of the adopted If the researchers were to encounter public meetings, and hearings. salmon management options and a adult coho, they would shut off the summary of their biological and electrical current and allow the fish to SUMMARY: The Pacific Fishery economic impacts. swim away and no more electrofishing Management Council (Council) has April 23, 2010: ‘‘Preseason Report III- would occur in that location. The begun its annual preseason management Analysis of Council-Adopted Ocean ODFW does not intend to kill any of the process for the 2010 ocean salmon Salmon Management Measures for 2010 fish being captured but a small number fisheries. This document announces the Ocean Salmon Fisheries’’ will be mailed of juvenile coho may die as an availability of Council documents as to the public and posted on the Council unintended result of the activities. well as the dates and locations of website at http://www.pcouncil.org. Council meetings and public hearings May 1, 2010: Federal regulations for Permit 15119 comprising the Council(s complete 2010 ocean salmon regulations will be The Washington State Department of schedule of events for determining the published in the Federal Register and Ecology (Ecology) is requesting a 1-year annual proposed and final implemented. research permit to take all fish species modifications to ocean salmon fishery identified in this notice while management measures. The agendas for Meetings and Hearings conducting research throughout the the March and April 2010 Council January 19–22, 2010: The Salmon coastal waters of the State of meetings will be published in Technical Team (STT) will meet at the Washington. The research is part of the subsequent Federal Register documents Council office in a public work session EPA-funded National Coastal Condition prior to the actual meetings. to draft ‘‘Review of 2009 Ocean Salmon Assessment, which investigates the DATES: Written comments on the salmon Fisheries’’ and to consider any other occurrence and concentrations of toxic management options must be received estimation or methodology issues

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pertinent to the 2010 ocean salmon DEPARTMENT OF COMMERCE deadline. Therefore, pursuant to 19 CFR fisheries. 351.213(d)(1), the Department is February 16–19, 2010: The STT will International Trade Administration rescinding the administrative review of meet at the Council office in a public [A–475–703] the antidumping duty order on granular work session to draft ‘‘Preseason Report PTFE resin from Italy for the period I-Stock Abundance Analysis for 2010 Granular Polytetrafluoroethylene Resin August 1, 2008 to July 31, 2009. Ocean Salmon Fisheries’’ and to From Italy: Rescission of Antidumping Assessment consider any other estimation or Duty Administrative Review methodology issues pertinent to the AGENCY: Import Administration, The Department will instruct U.S. 2010 ocean salmon fisheries. International Trade Administration, Customs and Border Protection (‘‘CBP’’) March 29–30, 2010: Public hearings Department of Commerce. to assess antidumping duties on all will be held to receive comments on the DATES: Effective Date: December 30, appropriate entries. Since the review of proposed ocean salmon fishery 2009. Solvay S.p.A. is being rescinded, management options adopted by the antidumping duties shall be assessed at FOR FURTHER INFORMATION CONTACT: Council. Written comments received at rates equal to the cash deposit of Mary Kolberg, AD/CVD Operations, the public hearings, and a summary of estimated antidumping duties required Office 1, Import Administration, oral comments at the hearings will be at the time of entry, or withdrawal from International Trade Administration, provided to the Council at its April warehouse, for consumption, in meeting. U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., accordance with 19 CFR All public hearings begin at 7 p.m. at Washington, DC 20230; telephone: (202) 351.212(c)(1)(i). The Department the following locations: 482–1785. intends to issue appropriate assessment instructions to CBP 15 days after March 29, 2010: Chateau Westport, SUPPLEMENTARY INFORMATION: Beach Room, 710 W Hancock, Westport, publication of this rescission notice in WA 98595, telephone: (360) 268–9101. Background the Federal Register. March 29, 2010: Red Lion Hotel, On August 3, 2009, the Department of Notification to Importers Umpqua Room, 1313 N Bayshore Drive, Commerce (‘‘the Department’’) Coos Bay, OR 97420, telephone: (541) published a notice announcing the This notice serves as a reminder to 269–4099. opportunity to request an administrative importers of their responsibility under review of the antidumping duty order March 30, 2010: Red Lion Eureka, 19 CFR 351.402(f)(2) to file a certificate on granular polytetrafluoroethylene Evergreen Room, 1929 Fourth Street, regarding the reimbursement of (‘‘PTFE’’) resin from Italy for the period Eureka, CA 95501, telephone: (707) antidumping duties prior to liquidation August 1, 2008 through July 31, 2009. 445–0844. of the relevant entries during this See Antidumping or Countervailing review period. Failure to comply with Although non-emergency issues not Duty Order, Finding, or Suspended this requirement could result in the contained in the STT meeting agendas Investigation; Opportunity To Request may come before the STT for Secretary’s presumption that Administrative Review, 74 FR 38397 reimbursement of antidumping duties discussion, those issues may not be the (August 3, 2009). On August 28, 2009, occurred and the subsequent assessment subject of formal STT action during in accordance with 19 CFR 351.213(b), of double antidumping duties. these meetings. STT action will be the Department received a timely restricted to those issues specifically request from E.I. DuPont de Nemours & Notification Regarding Administrative listed in this document and to any Company to conduct an administrative Protective Order issues arising after publication of this review of Solvay Solexis, S.p.A. document requiring emergency action On September 22, 2009, the This notice serves as a final reminder under Section 305(c) of the Magnuson- Department published a notice of to parties subject to administrative Stevens Fishery Conservation and initiation of an antidumping duty protective orders (‘‘APO’’) of their Management Act, provided the public administrative review of Solvay Solexis, responsibility concerning the has been notified of the STT(s intent to S.p.A.’s exports from Italy. See disposition of proprietary information take final action to address the Initiation of Antidumping and disclosed under APO in accordance emergency. Countervailing Duty Administrative with 19 CFR 351.305(a)(3). Timely Special Accommodations Reviews and Request for Revocation in written notification of the return/ Part, 74 FR 48224 (September 22, 2009). destruction of APO materials or The meetings are physically On December 10, 2009, E.I. DuPont de conversion to judicial protective order is accessible to people with disabilities. Nemours & Company, the petitioner, hereby requested. Failure to comply Requests for sign language withdrew its request for review. with the regulations and terms of an interpretation or other auxiliary aids Rescission of Administrative Review APO is a sanctionable violation. should be directed to Ms. Carolyn Porter at (503) 820–2280 (voice), or (503) 820– Pursuant to 19 CFR 351.213(d)(1), the This notice is issued and published in 2299 (fax) at least 5 days prior to the Secretary will rescind an administrative accordance with 19 CFR 351.213(d)(4). meeting date. review, in whole or in part, if the party Dated: December 22, 2009. Authority: 16 U.S.C. 1801 et. seq. that requested the review withdraws the John M. Andersen, request within 90 days of the date of Dated: December 23, 2009. publication of the notice of initiation of Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Tracey L. Thompson, the requested review. As noted above, Operations. Acting Director, Office of Sustainable E.I. DuPont Nemours & Company, the Fisheries, National Marine Fisheries Service. sole party requesting the review, [FR Doc. E9–31020 Filed 12–29–09; 8:45 am] [FR Doc. E9–30883 Filed 12–29–09; 8:45 am] withdrew its request on December 10, BILLING CODE 3510–DS–P BILLING CODE 3510–22–S 2009, which was before the 90-day

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DEPARTMENT OF COMMERCE print the proof of submission they delivered by the applicant or by its receive from Grants.gov. Applications representative, one (1) signed original Minority Business Development received after the closing date and time plus two (2) copies of the application Agency will not be considered. Anticipated time must be delivered. Applicants are [Docket No.: 0912231439–91442–01] for processing is seventy-five (75) days encouraged to also submit an electronic from the closing date for receipt of copy of the proposal, budget and budget Solicitation of Applications for the applications. MBDA anticipates that one narrative on a CD–ROM to facilitate the Minority Business Enterprise Center award under this notice will be made processing of applications. Complete (MBEC) Program with a start date of April 1, 2010. application packages must be delivered Pre-Application Conference: In to: U.S. Department of Commerce, AGENCY: Minority Business connection with this solicitation, a pre- Minority Business Development Development Agency, Commerce. application conference is scheduled for Agency, Office of Business ACTION: Notice. January 15, 2010. The time and location Development—MBEC Program of the pre-application conference have SUMMARY: In accordance with 15 U.S.C. (extension 1940), HCHB—Room 1874, yet to be determined. Participants must 1512 and Executive Order 11625, the Entrance #10, 15th Street, NW. (between register at least 24 hours in advance of Minority Business Development Agency Pennsylvania and Constitution the conference and may participate in (MBDA) is soliciting competitive Avenues), Washington, DC. MBDA will person or by telephone. Please visit the applications from organizations to not accept applications that are MBDA Internet Portal at http:// operate a Minority Business Enterprise submitted by the deadline, but that are www.mbda.gov (MBDA Portal) or Center (MBEC) in New Orleans, LA to rejected due to the applicant’s failure to contact an MBDA representative listed service the New Orleans-Metairie- adhere to Department of Commerce below for the specific time and location Kenner, LA service area. The MBEC protocol for hand-deliveries set forth in of the pre-application conference and operates through the use of business Section IV.D.2 of the accompanying for registration instructions. consultants and provides a range of FFO. ADDRESSES: 1. Electronic Submission: business consulting and technical FOR FURTHER INFORMATION CONTACT: For Applicants are highly encouraged to assistance services directly to eligible further information or for an application submit their proposal electronically at minority-owned businesses. package, please visit MBDA’s Minority http://www.Grants.gov. Electronic Responsibility for ensuring that Business Internet Portal at http:// submissions should be made in applications in response to this www.mbda.gov. Paper applications may competitive solicitation are complete accordance with the instructions available at Grants.gov (see http:// also be obtained by contacting the and received by MBDA on time is the MBDA Office of Business Development sole responsibility of the applicant. www.Grants.gov/forapplicants for detailed information). MBDA strongly or the MBDA National Enterprise Center Applications submitted must be for the (NEC) in the region in which the MBEC operation of a MBEC and to provide recommends that applicants not wait until the application deadline date to will be located (see below Agency business consultation services to Contacts). In addition, Standard Forms eligible clients. Applications that do not begin the application process through Grants.gov as, in some cases, the process (SF) may be obtained by accessing meet these requirements will be for completing an online application http://www.whitehouse.gov/omb/grants rejected. This is not a grant program to may require 3–5 working days. or http://www.Grants.gov and help start or to further an individual 2a. Paper Submission—If Mailed: If Department of Commerce (CD) forms business. the application is sent by postal mail or may be accessed at http://www.doc.gov/ A link to the full text of the overnight delivery service by the forms. Announcement of Federal Funding applicant or its representative, one (1) Opportunity (FFO) for this solicitation Agency Contacts signed original plus two (2) copies of may be accessed at: http:// the application must be submitted. 1. MBDA Office of Business www.Grants.gov, http://www.mbda.gov, Applicants are encouraged to also Development, 1401 Constitution or by contacting the appropriate MBDA submit an electronic copy of the Avenue, NW., Room 5075, Washington, representative identified above. The proposal, budget and budget narrative DC 20230. Contact: Rita Gonzales, FFO contains a full and complete on a CD–ROM to facilitate the Program Manager, 202–482–1940. description of the application and processing of applications. Complete 2. MBDA Dallas National Enterprise programmatic requirements under the application packages must be mailed to: Center (DNEC), 1100 Commerce Street, MBEC Program. In order to receive Office of Business Development—MBEC Room 726, Dallas, Texas 75242. This proper consideration, applicants must Program, Office of Executive Secretariat, region covers the States of Arkansas, comply with the requirements HCHB, Room 5063, Minority Business Colorado, Louisiana, Montana, New contained in the FFO. Development Agency, U.S. Department Mexico, North Dakota, Oklahoma, South DATES: The closing date for receipt of of Commerce, 1401 Constitution Dakota, Texas, Utah and Wyoming. applications is February 1, 2010 at 5 Avenue, NW., Washington, DC 20230. Contact: John F. Iglehart, Regional p.m. Eastern Standard Time (EST). Applicants are advised that MBDA’s Director, 214–767–8001. Completed applications must be receipt of mail sent via the United States SUPPLEMENTARY INFORMATION: received by MBDA at the address below Postal Service may be substantially Background: The MBEC Program is a for paper submissions or at http:// delayed or suspended in delivery due to key component of MBDA’s overall www.Grants.gov for electronic security measures. Applicants may minority business development submissions. The due date and time is therefore wish to use a guaranteed assistance program and promotes the the same for electronic submissions as overnight delivery service. Department growth and competitiveness of eligible it is for paper submissions. The date of Commerce delivery policies for minority-owned businesses. MBEC that applications will be deemed to have overnight delivery services require all operators leverage project staff and been submitted electronically shall be packages to be sent to the address above. professional consultants to provide a the date and time received at 2b. Paper Submission—If Hand- wide range of direct business assistance Grants.gov. Applicants should save and Delivered: If the application is hand- services to eligible minority-owned

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firms, including but not limited to MBDA currently funds a network of solicited for the one MBEC project initial consultations and assessments, thirty MBEC projects located throughout identified below. business technical assistance, and the United States. Pursuant to this Geographical Service Areas: MBDA is access to Federal and non-Federal notice, and as set forth more fully in the soliciting competitive applications from procurement and financing corresponding FFO, competitive organizations to operate a MBEC and to opportunities. applications for a new award are being provide services in the following geographical service area:

Name of MBEC Location of MBEC MBEC geographical service area*

New Orleans MBEC ...... New Orleans, LA ...... New Orleans—Metairie—Kenner, LA MSA** ** Metropolitan Statistical Area, please see OMB Bulletin No.10–02, Update of Statistical Area Definitions and Guidance on Their Uses (De- cember 1, 2009) at http://www.whitehouse.gov/omb/bulletins.

Electronic Access: Applicants will be applications that address one or more of Funding Availability: A total of able to access, download and submit the following MBDA funding priorities: $291,000 in FY 2010 funds is available electronic grant applications for the (a) Proposals that include under the Consolidated Appropriations MBEC Program through http:// performance goals that exceed by 10% Act, 2010, Pub. L. No. 111–117, to fund www.Grants.gov. MBDA strongly or more the minimum performance goal the financial assistance award for the recommends that applicants not wait requirements in the FFO; New Orleans MBEC project. MBDA until the application deadline date to (b) Applicants who demonstrate an anticipates that this amount will also be exceptional ability to identify and work begin the application process through available in FY 2011 to support Grants.gov, as in some cases the process towards the elimination of barriers which limit the access of minority continuation funding for this project. for completing an online application The total funding period for the award may require additional time (e.g., 3–5 businesses to markets and capital; (c) Applicants who demonstrate an made under this competitive solicitation working days). The date that is anticipated to be two years and the applications will be deemed to have exceptional ability to identify and work with minority firms seeking to obtain award is expected to be made with a been submitted electronically shall be large-scale contracts and/or insertion start date of April 1, 2010. The the date and time received at into supply chains with institutional anticipated amount of the financial Grants.gov. Applicants should save and customers; assistance award for the New Orleans print the proof of submission they (d) Proposals that take a regional MBEC project, including the minimum receive from Grants.gov. Applications approach in providing services to 20% non-Federal cost share, is set forth received after the closing date and time eligible clients; or will not be considered. in the below table, although actual (e) Proposals from applicants with award amounts may vary depending on Funding Priorities: Preference may be pre-existing operations in the identified the availability of funds: given during the selection process to geographic service area.

April 1, 2010 April 1, 2011 through through March 31, 2011 March 31, 2012 Project name Federal Non-Federal Federal Non-Federal Total cost share share ($) Total cost share share ($) ($) ($) (20% min.) ($) ($) (20% min.)

New Orleans MBEC ...... 363,750 291,000 72,750 363,750 291,000 72,750

Applicants must submit project plans combination of mid-year and program fails to receive funding or is and budgets for each of the two (2) cumulative third quarter performance cancelled because of other MBDA or funding periods under this award (April rating. In making such continued Department of Commerce priorities. 1, 2010–March 31, 2011 and April 1, funding determinations, MBDA and the Publication of this notice does not 2011–March 31, 2012). Projects will be Department of Commerce will consider obligate the Department of Commerce or funded for no more than one year at a all the facts and circumstances of each MBDA to award any specific time. Project proposals accepted for case, such as but not limited to market cooperative agreement or to obligate all funding will not be required to compete conditions, most recent performance of or any part of available funds. for funding in the subsequent budget the operator and other mitigating Authority: 15 U.S.C. 1512 and Executive period within the approved award circumstances. Order 11625. period. However, operators that fail to The funding periods and funding Catalog of Federal Domestic achieve a ‘‘satisfactory’’ or better amounts referenced in this solicitation Assistance (CFDA): 11.800, Minority performance rating for the preceding are subject to the availability of funds, Business Enterprise Centers. program year may be denied second- as well as to Department of Commerce Eligibility: For-profit entities year funding. Recommendations for and MBDA priorities at the time of (including but not limited to sole- second-year funding are generally award. In no event will the Department proprietorships, partnerships, and evaluated by MBDA based on a mid- of Commerce or MBDA be responsible corporations), non-profit organizations, year performance rating and/or for proposal preparation costs if this State and local government entities,

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American Indian Tribes, and identify and access opportunities for physical presence in the geographic educational institutions are eligible to increased sales and revenues. service area at the time of its application operate an MBEC. Please refer to the FFO pertaining to (4 points); Program Description: The MBEC this competitive solicitation for a full (b) Business Consulting—Experience Program requires project staff to provide and complete description of the in and knowledge of business standardized business assistance application and programmatic consulting with respect to minority services directly to eligible ‘‘minority requirements under the MBEC Program. firms, with emphasis on SGI firms in the business enterprises,’’ with an emphasis Match Requirements: The MBEC geographic service area (5 points); on those firms with $500,000 or more in Program requires a minimum non- (c) Financing—Experience in and annual revenues and/or with ‘‘rapid Federal cost share of 20%, which must knowledge of the preparation and growth potential’’ (‘‘Strategic Growth be reflected in the proposed project formulation of successful financial Initiative’’ or ‘‘SGI’’ firms); develop and budget. Non-Federal cost share is the transactions, with an emphasis on the maintain a network of strategic portion of the project cost not borne by geographic service area (5 points); partnerships; provide collaborative the Federal Government. Applicants (d) Procurements and Contracting— consulting services with MBDA and must satisfy the non-Federal cost Experience in and knowledge of the other MBDA funded programs and sharing requirements in one or more of public and private sector contracting strategic partners; and to provide the following four means or any opportunities for minority businesses, referral services (as necessary) for client combination thereof: (1) Client fees; (2) as well as demonstrated expertise in transactions. For this purpose, minority applicant cash contributions; (3) assisting clients into supply chains (5 business enterprises are business applicant in-kind (i.e., non-cash) points); concerns that are owned or controlled contributions; or (4) third-party in-kind (e) Financing Networks—Resources by the following persons or groups of contributions. The MBEC is required to and professional relationships within persons: African Americans, Puerto charge client fees for services rendered the corporate, banking and investment Ricans, Spanish-speaking Americans, based on a sliding scale of client community(ies) that may be beneficial Asian and Pacific Islander Americans, revenues as set forth in Section III.B. of to minority-owned firms (5 points); Native Americans (including Alaska the accompanying FFO, and such fees (f) Establishment of a Self-Sustainable Natives, Alaska Native Corporations and must be used by the operator towards Service Model—Summary plan to Tribal entities), Eskimos, Aleuts, Asian meeting the non-Federal cost share establish a self-sustainable model for Indians, and Hasidic Jews. See 15 CFR requirements under the award. continued services to the MBE 1400.1 and Executive Order 11625. Applicants will be awarded up to five communities beyond the MBDA award The MBEC Program incorporates an (5) bonus points to the extent that the period (3 points); entrepreneurial approach to building proposed project budget includes a non- (g) MBE Advocacy—Experience and market stability and improving the Federal cost share contribution, expertise in advocating on behalf of quality of client services. This measured as a percentage of the overall minority communities and minority entrepreneurial strategy expands the project budget, exceeding 20% (see businesses, both as to specific reach of the MBECs by requiring project Evaluation Criterion below). transactions in which a minority operators to develop and build upon Evaluation Criterion: Proposals will business seeks to engage and as to broad strategic alliances with public and be evaluated and one applicant may be market advocacy for the benefit of the private sector partners as a means of selected based on the below evaluation minority community at large (3 points); serving minority-owned firms within criterion. The maximum total number of and each MBEC’s geographical service area. points that an application may receive (h) Key Staff—Assessment of the The MBEC Program is also designed to is 105, including the bonus points for qualifications, experience and proposed effectively leverage MBDA resources, exceeding the minimum required non- role of staff that will operate the MBEC. including but not limited to: MBDA Federal cost share, except when oral In particular, an assessment will be Office of Business Development and presentations are made by applicants. If made to determine whether proposed MBDA National Enterprise Centers; oral presentations are made (see below: key staff possess the expertise in MBDA’s Business Internet Portal; and Oral Presentation By MBDA Selected utilizing information systems and the MBDA’s nationwide network of MBECs, Applicants), the maximum total of ability to successfully deliver program Native American Business Enterprise points that can be earned is 115. The services. At a minimum the applicant Centers (NABECs) and Minority number of points assigned to each must identify a proposed project Business Opportunity Centers (MBOCs). evaluation criterion will be determined director (10 points). MBEC operators are also required to on a competitive basis by the MBDA 2. Resources (20 Points) attend a variety of MBDA training review panel based on the quality of the programs designed to increase application with respect to each Proposals will be evaluated under this operational efficiencies and the evaluation criterion. criterion as follows: provision of value-added client services. (a) Resources—Resources (not MBEC operators are generally 1. Applicant Capability (40 Points) included as part of the non-Federal cost required to provide the following four Proposals will be evaluated with share) that will be used in implementing client services: (1) Client Assessment— respect to the applicant’s experience the program, including but not limited identifying clients’ immediate and long- and expertise in providing the work to existing prior and/or current data lists term needs and establishing projected requirements listed. Specifically, that will serve in fostering immediate growth tracks; (2) Strategic Business proposals will be evaluated as follows: success for the MBEC (8 points); Consulting—providing intensive (a) Community—Experience in and (b) Location—Assessment of the business consulting services that can be knowledge of the minority community, applicant’s strategic rationale for the delivered as personalized consulting or minority business sector, and strategies proposed physical location of the group consulting; (3) Access to for enhancing its growth and expansion; MBEC. The applicant is encouraged to Capital—assisting clients with securing particular emphasis shall be on establish a location for the MBEC that is necessary financial capital; and (4) expanding SGI firms. Consideration will in a building which is separate and Access to Markets—assisting clients to be given to whether the applicant has a apart from any of the applicant’s

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existing offices in the geographic service to how client fees will be used by the (f) A competitive and innovative area (2 points); applicant in meeting the non-Federal approach to exceeding performance (c) Partners—How the applicant plans cost-share (5 points); and requirements (2 points). to establish and maintain the network of (c) Performance-Based Budgeting. The Review and Selection Process strategic partners and the manner in extent to which the line-item budget which these partners will support the and budget narrative relate to the 1. Initial Screening MBEC in meeting program performance accomplishment of the MBEC Prior to the formal paneling process, goals (5 points); and programmatic requirements and each application will receive an initial (d) Equipment—How the applicant performance measures (i.e., screening to ensure that the applicant is plans to satisfy the MBEC information performance-based budgeting) (10 eligible and that the application is technology requirements, including points). complete and includes all required computer hardware, software forms, signatures and documentation requirements and network map (5 5. Bonus Points for Exceeding the are present. An application will be points). Minimum Required Non-Federal Cost Share (5 Points) considered non-responsive and will not 3. Techniques and Methodologies (20 be evaluated by the review panel if it is Points) Proposals with non-Federal cost received after the closing date for sharing exceeding 20% of the total Proposals will be evaluated under this receipt of applications, the applicant project costs will be awarded bonus criterion as follows: fails to submit an original, signed Form (a) Performance Measures—For each points on the following scale: More than SF–424 by the application closing date funding period, the manner in which 20%–less than 25% = 1 point; 25% or (paper applications only), or the the applicant relates each performance more–less than 30% = 2 points; 30% or application does not provide for the measure to the financial information more–less than 35% = 3 points; 35% or operation of a MBEC. Other and market resources available in the more–less than 40% = 4 points; and deficiencies, while not rendering the geographic service area (including 40% or more = 5 points. Non-Federal application non-responsive, will be existing client list); how the applicant cost sharing of at least 20% is required considered during panel review and will create MBEC brand recognition under the MBEC Program. Non-Federal may result in point deductions. cost sharing is the portion of the total (marketing plan); and how the applicant 2. Panel Review will satisfy program performance goals. project cost not borne by the Federal In particular, emphasis will be placed Government and may be met by the Each responsive application will on the manner in which the applicant applicant in any one or more of the receive an independent, objective matches MBEC performance goals with following four means (or a combination review by a panel qualified to evaluate client service hours and how it accounts thereof): (1) Client fees; (2) cash the applications submitted. The review for existing market conditions in its contributions; (3) non-cash applicant panel will consist of at least 3 persons, strategy to achieve such goals (10 contributions; or (4) third party in-kind all of whom will be full-time Federal points); contributions. employees and at least one of whom (b) Start-up Phase—How the 6. Oral Presentation by MBDA Selected will be an MBDA employee, who will applicant will commence MBEC Applicants (10 Points) review the applications for a specified operations within the initial 30-day project based on the above evaluation period that the MBEC will be allotted to Oral presentations are held only when criterion. Each reviewer shall evaluate become fully operational after an award requested by MBDA. This action may be and provide a score for each proposal. is made (3 points); and initiated for the top two (2) ranked Each project review panel (through the (c) Work Requirement Execution applications for a project and will be panel Chairperson) shall provide the Plan—The applicant will be evaluated applied on a consistent basis for each MBDA National Director on how effectively and efficiently staff project competition. Oral presentations (Recommending Official) with a ranking time will be used to achieve the MBEC will be used to establish a final of the applications based on the average programmatic requirements set forth evaluation and ranking. of the reviewers’ scores and shall also more fully in the FFO, particularly with The applicant’s presentation will be provide a recommendation regarding respect to periods beyond the start-up evaluated as to the extent to which the funding of the highest scoring phase (7 points). presentation demonstrates: application. 4. Proposed Budget and Budget (a) How the applicant will effectively 3. Oral Presentation by MBDA Selected Narrative (20 Points) and efficiently assist MBDA in the Applicants accomplishment of its mission (2 The applicant’s proposal will be points); MBDA may request that the two (2) top-ranked applicants develop and evaluated as follows: (b) Business operating priorities (a) Reasonableness, Allowability and make an oral presentation to MBDA. If designed to manage a successful MBEC Allocability of Proposed Program Costs. an oral presentation is requested, the (2 points); All of the proposed program costs selected applicants will receive a formal expenditures should be discussed and (c) A management philosophy that communication (via standard mail, e- the budget line-item narrative must achieves an effective balance between mail or fax) from MBDA informing them match the proposed budget. Fringe micromanagement and complete of the time and date of the oral benefits and other percentage item autonomy for its Project Director (2 presentation. In-person presentations calculations should match the proposed points); are not mandatory but are encouraged; budget line-item and narrative (5 (d) Robust search criteria for the telephonic presentations are acceptable. points); identification of a Project Director (1 MBDA will provide the teleconference (b) Non-Federal Cost Share. The point); dial-in number and pass code. required 20% non-Federal share must (e) Effective employee recruitment Oral presenters will be required to be adequately addressed and properly and retention policies and procedures (1 submit to MBDA, at least 24 hours documented, including but not limited point); and before the scheduled date and time for

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the oral presentation, a PowerPoint (or MBDA priorities. All funding periods Dated: December 24, 2009. equivalent) presentation that addresses under the award are also subject to the Efrain Gonzalez, the oral presentation criteria set forth availability of funds to support the Chief, Office of Business Development, above. The oral presentation will be continuation of the project. Publication Minority Business Development Agency. made to the MBDA National Director (or of this notice does not obligate MBDA [FR Doc. E9–30940 Filed 12–29–09; 8:45 am] his/her designee) and up to three senior or the Department of Commerce to BILLING CODE 3510–21–P MBDA staff who did not serve on the award any specific project or to obligate original review panel. The oral panel any available funds. members may ask follow-up questions after the presentation. Each applicant Universal Identifier: All applicants COMMODITY FUTURES TRADING will present to MBDA staff only and will be required to provide a Dun and COMMISSION applicants will not be permitted to Bradstreet Data Universal Numbering listen to or attend presentations made system (DUNS) number during the Agency Information Collection by other applicants. application process. See the June 27, Activities: Notice of Intent To Renew All costs pertaining to this 2003 Federal Register notice (68 FR Collection 3038–0017, Market Surveys 38402) for additional information. presentation shall be borne by the AGENCY: Commodity Futures Trading Organizations can receive a DUNS applicant. MBEC award funds may not Commission. be used as a reimbursement for this number at no cost by calling the ACTION: presentation, nor will MBDA accept any dedicated toll-free DUNS Number Notice. requests or petitions for reimbursement. request line at 1–866–705–5711 or by SUMMARY: The Commodity Futures The oral panel members shall score accessing the Grants.gov Web site at Trading Commission (CFTC) is each presentation in accordance with http://www.Grants.gov. announcing an opportunity for public the oral presentation criterion provided Department of Commerce Pre-Award comment on the proposed collection of above. An average score shall be Notification Requirements for Grants certain information by the agency. compiled and added to the score of the and Cooperative Agreements: The Under the Paperwork Reduction Act of original panel review. Department of Commerce Pre-Award 1995 (PRA), 44 U.S.C. 3501 et seq., 4. Final Recommendation Notification Requirements for Grants Federal agencies are required to publish The MBDA National Director makes and Cooperative Agreements contained notice in the Federal Register the final recommendation to the Grants in the Federal Register notice of concerning each proposed collection of Officer regarding the funding of one February 11, 2008 (73 FR 7696) are information, and to allow 60 days for application under this competitive applicable to this solicitation. comment in response to the notice. This solicitation. MBDA expects to notice solicits comments on Paperwork Reduction Act: This requirements relating to information recommend for funding the highest document contains collection-of- ranking application, as evaluated and collected to assist the Commission in information requirements subject to the the prevention of market manipulation. recommended by the review panel and Paperwork Reduction Act (PRA). The DATES: Comments must be submitted on taking into account oral presentations use of Standard Forms 424, 424A, 424B, or before March 1, 2010. (as applicable). However, the MBDA SF–LLL, and CD–346 has been approved National Director may not make any by OMB under the respective control ADDRESSES: Comments may be mailed to selection, or he/she may select an numbers 4040–0004, 4040–0006, 4040– Gary J. Martinaitis, Division of Market application out of rank order for either 0007, 0348–0046, and 0605–0001. Oversight, U.S. Commodity Futures or both of the following reasons: Notwithstanding any other provisions of Trading Commission, 1155 21st Street, (a) A determination that a lower NW., Washington, DC 20581. law, no person is required to respond to, ranked application better addresses one nor shall any person be subject to a FOR FURTHER INFORMATION CONTACT: Gary or more of the funding priorities for this J. Martinaitis, (202) 418–5209; FAX competition. The National Director (or penalty for failure to comply with a collection of information subject to the (202) 418–5527; e-mail: his/her designee) reserves the right to [email protected]. conduct one or more site visits to better PRA unless that collection of assess an applicant’s capability to information displays a currently valid SUPPLEMENTARY INFORMATION: Under the achieve the program and funding OMB Control Number. PRA, Federal agencies must obtain priorities; or Executive Order 12866: This notice approval from the Office of Management (b) The availability of MBDA funding. has been determined to be not and Budget (OMB) for each collection of Prior to making a final significant for purposes of E.O. 12866. information they conduct or sponsor. recommendation to the Grants Officer, ‘‘Collection of information’’ is defined MBDA may request that the apparent Administrative Procedure Act/ in 44 U.S.C. 3502(3) and 5 CFR winner of the competition provide Regulatory Flexibility Act: Prior notice 1320.3(c) and includes agency requests written clarifications (as necessary) and an opportunity for public comment or requirements that members of the regarding its application. are not required by the Administrative public submit reports, keep records, or Intergovernmental Review: Procedure Act for rules concerning provide information to a third party. Applications under this program are not public property, loans, grants, benefits, Section 3506(c)(2)(A) of the PRA, 44 subject to Executive Order 12372, or contracts (5 U.S.C. 533(a)(2)). Because Section 3506(c)(2)(A), requires Federal ‘‘Intergovernmental Review of Federal notice and opportunity for comment are agencies to provide a 60-day notice in Programs.’’ not required pursuant to 5 U.S.C. 533 or the Federal Register concerning each Limitation of Liability: In no event any other law, the analytical proposed collection of information, will MBDA or the Department of requirements of the Regulatory including each proposed extension of an Commerce be responsible for proposal Flexibility Act (5 U.S.C. 601 et seq.) are existing collection of information, preparation costs if the MBEC Program inapplicable. Therefore, a regulatory before submitting the collection to OMB fails to receive funding or is cancelled flexibility analysis is not required and for approval. To comply with this because of Department of Commerce or has not been prepared. requirement, the CFTC is publishing

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notice of the proposed collection of • Ways to enhance the quality of, must be furnished related to futures or information listed below. usefulness, and clarity of the options positions held or introduced by With respect to the following information to be collected; and futures commission merchants, • collection of information, the CFTC Ways to minimize the burden of members of contract markets, invites comments on: collection of information on those who introducing brokers, and foreign brokers • are to respond, including through the and, in addition, for options positions, Whether the proposed collection of use of appropriate electronic, by each reporting market. This rule is information is necessary for the proper mechanical, or other technological designed to assist the Commission in performance of the functions of the collection techniques or other forms of prevention of market manipulation and Commission, including whether the information technology; e.g., permitting is promulgated pursuant to the information will have a practical use; electronic submission of responses. Commission’s rulemaking authority • The accuracy of the Commission’s contained in section 8a of the Market Surveys, OMB Control No. estimate of the burden of the proposed Commodity Exchange Act, 7 U.S.C. 7. 3038–0017—Extension collection of information, including the The Commission estimates the burden validity of the methodology and Under Commission Rule 21.02, upon of this collection of information as assumptions used; call by the Commission, information follows:

ESTIMATED ANNUAL REPORTING BURDEN

Annual number Frequency of re- Total annual re- Hours per re- 17 CFR section of respondents sponse sponses sponse Total hours

17 CFR 21.02 ...... 400 annually ...... 400 1.75 700

Dated: December 22, 2009. ext 162, Fax: (703) 681–3317, longer than two type-written pages and Sauntia Warfield [email protected]. must address the following detail: The Assistant Secretary of the Commission. SUPPLEMENTARY INFORMATION: The task issue, discussion, and a recommended [FR Doc. E9–30893 Filed 12–29–09; 8:45 am] Force will meet to receive briefings course of action. Supporting BILLING CODE;P regarding current Service efforts related documentation may also be included as to the investigation of suicides among needed to establish the appropriate members of the Armed Services. historical context and to provide any DEPARTMENT OF DEFENSE Additional information, agenda necessary background information. updates, and meeting registration are Individuals desiring to submit a Office of the Secretary available online at the Defense Health written statement may do so through the Board Web site, http://www.ha.osd.mil/ Board’s Designated Federal Officer Defense Health Board (DHB); DoD dhb. The public is encouraged to (DFO) (see FOR FURTHER INFORMATION Task Force on the Prevention of register for the meeting. CONTACT) at any point. However, if the Suicide by Members of the Armed written statement is not received at least Forces Agenda 10 calendar days prior to the meeting, On January 15, 2010, the DoD Task which is subject to this notice, then it AGENCY: Department of Defense (DoD). Force on the Prevention of Suicide by may not be provided to or considered by ACTION: Notice of meeting. Members of the Armed Forces will the Task Force on the Prevention of Suicide by Members of the Armed SUMMARY: Pursuant to the Federal receive briefings from experts and Forces until the next open meeting. Advisory Committee Act of 1972 (5 others related to their procedures on Written statements may be mailed to the U.S.C., Appendix as amended), the investigations within the safety and risk above (see FOR FURTHER INFORMATION Sunshine in the Government Act of management areas. Task Force members 1976 (5 U.S.C. 552b, as amended), and will also receive briefings from experts CONTACT), e-mailed to [email protected] 41 CFR 102–3.150, and in accordance on data analysis studies. There will also or faxed to (703) 681–3317. The DFO will review all timely with section 10(a)(2) of Public Law, DoD be a panel of Service members who have submissions with the Task Force on the announces that the DoD Task Force on previously attempted suicide. Prevention of Suicide by Members of the Prevention of Suicide by Members Pursuant to 5 U.S.C. 552b, as the Armed Forces Co-Chairpersons, and of the Armed Forces will meet on amended, and 41 CFR 102–3.140 ensure they are provided to members of January 15, 2010. Subject availability of through 102–3.165 and subject the Task Force before the meeting that space, meeting is open to the public. availability of space, the DoD Task Force on the Prevention of Suicide by is subject to this notice. After reviewing DATES: The Task Force will meet from Members of the Armed Forces meeting the written comments, the Co- 9 a.m. to 4 p.m. on January 15, 2010. is open to the public. Chairpersons and the Designated ADDRESSES: The meeting will be held at Federal Officer may choose to invite the the Hyatt Regency Washington on Written Statements submitter of the comments to orally Capitol Hill, 400 New Jersey Ave., NW., Any member of the public wishing to present their issue during an open Washington, DC 20001. provide input to the Task Force on the portion of this meeting or at a future FOR FURTHER INFORMATION CONTACT: COL Prevention of Suicide by Members of meeting. JoAnne McPherson, Executive the Armed Forces should submit a The DFO, in consultation with the Secretary, DoD Task Force on Suicide written statement in accordance with 41 Task Force on the Prevention of Suicide Prevention by Members of the Armed CFR 102–3.140(C) and section 10(a)(3) by Members of the Armed Forces Co- Forces, One Skyline Place, 5205 of the Federal Advisory Committee Act, Chairpersons, may, if desired, allot a Leesburg Pike, Suite 810, Falls Church, and the procedures described in this specific amount of time for members of Virginia 22041–3206, (703) 681–3279, notice. Written statement should be not the public to present their issues for

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review and discussion by the Task Force not-for-profit institutions; farms; State, FOR FURTHER INFORMATION CONTACT: on the Prevention of Suicide by Member local or tribal government. Michael D. Seltzer, Ph.D., Head, of the Armed Forces. Frequency: On occasion. Technology Transfer Office, Naval Air Respondent’s Obligation: Voluntary. Warfare Center Weapons Division, Code Special Accommodations OMB Desk Officer: Mr. James Laity. 4L4000D, 1900 N. Knox Road Stop If special accommodations are Written comments and 6312, China Lake, CA 93555–6106, required to attend (sign language, recommendations on the proposed telephone 760–939–1074, FAX 760– wheelchair accessibility) please contact information collection should be sent to 939–1210, E-mail: Ms. Severine Bennett at (202) 374–5755 Mr. Laity at the Office of Management [email protected]. or [email protected] by and Budget, Desk Officer for DoD, Room Authority: 35 U.S.C. 207, 37 CFR Part January 1, 2010. 10236, New Executive Office Building, Washington, DC 20503. 404.7. Dated: December 24, 2009. You may also submit comments, Dated: December 18, 2009. Mitchell S. Bryman, identified by docket number and title, A. M. Vallandingham, Alternate OSD Federal Register Liaison by the following method: Lieutenant Commander, Judge Advocate Officer, Department of Defense. • Federal eRulemaking Portal: http:// General’s Corps, U.S. Navy, Federal Register [FR Doc. E9–30946 Filed 12–29–09; 8:45 am] www.regulations.gov. Follow the Liaison Officer. BILLING CODE 5001–06–P instructions for submitting comments. [FR Doc. E9–30898 Filed 12–29–09; 8:45 am] Instructions: All submissions received BILLING CODE 3810–FF–P must include the agency name, docket DEPARTMENT OF DEFENSE number and title for this Federal Register document. The general policy DEPARTMENT OF DEFENSE Department of the Army for comments and other submissions [Docket ID USA–2009–0028] from members of the public is to make Department of the Air Force these submissions available for public Submission for OMB Review; viewing on the Internet at http:// Notice of Intent To Prepare a Comment Request www.regulations.gov as they are Supplemental Environmental Impact received without change, including any Statement for the Military Housing ACTION: Notice. personal identifiers or contact Privatization Initiative at Eglin AFB, information. Florida and Hurlburt Field, Florida SUMMARY: The Department of Defense DOD Clearance Officer: Ms. Patricia has submitted to OMB for clearance, the AGENCY: United States Air Force, Air Toppings. Force Materiel Command, Air Force following proposal for collection of Written requests for copies of the Special Operations Command. information under the provisions of the information collection proposal should Paperwork Reduction Act (44 U.S.C. be sent to Ms. Toppings at WHS/ESD/ ACTION: Notice of Intent. Chapter 35). Information Management Division, 1777 SUMMARY: Pursuant to the National DATES: Consideration will be given to all North Kent Street, RPN, Suite 11000, Environmental Policy Act of 1969 comments received by January 29, 2010. Arlington, VA 22209–2133. (NEPA, 42 United States Code [USC] Title, Form, and OMB Number: Corps Dated: December 24, 2009. 4321–4347), the Council on of Engineers Civil Works Environmental Quality (CEQ) NEPA Questionnaire—Generic Clearance; Mitchell S. Bryman, Regulations (40 Code of Federal OMB Control Number 0710–0001. Alternate OSD Federal Register Liaison Type of Request: Revision. Officer, Department of Defense. Regulations [CFR] Parts 1500–1508), Number of Respondents: 185,500. [FR Doc. E9–30929 Filed 12–29–09; 8:45 am] and the United States Air Force’s (Air Responses Per Respondent: 1. BILLING CODE 5001–06–P Force) Environmental Impact Analysis Annual Responses: 185,500. Process (EIAP, 32 CFR Part 989), the Air Average Burden Per Response: 7 Force is issuing this notice to advise the minutes. DEPARTMENT OF DEFENSE public of its intent to prepare a Annual Burden Hours: 21,642 hours. Supplemental Environmental Impact Needs and Uses: The U.S. Army Department of the Navy Statement (SEIS) for the Military Corps of Engineer utilizes the data Housing Privatization Initiative (MHPI) collected from the questionnaire items Notice of Availability of Government- at Eglin AFB, Florida and Hurlburt Owned Inventions; Available for for planning data to formulate and Field, Florida. evaluate alternative water resources Licensing This NOI describes the Air Force’s development plans, to determine the AGENCY: Department of the Navy, DoD. proposed alternatives, scoping process, effectiveness and evaluate the impacts ACTION: Notice. and identifies the Air Force’s point of of Corps projects, and in the case of the contact. As part of the SEIS, the Air flood damage mitigation, to obtain SUMMARY: The invention listed below is Force will analyze potential information on flood damage incurred, assigned to the United States environmental impacts associated with whether or not a project is being Government as represented by the the alternatives for the MHPI, including considered or exists. All survey Secretary of the Navy. U.S. Patent No. a No Action Alternative. This is the questionnaires are administered either 7,233,284: Hanheld GPS jammer locator, fourth revision to the SEIS, which will by face-to-face, mail, or telephone Navy Case No. 97678. describe the changes in the alternative methods. Public surveys are used to ADDRESSES: Requests for copies of the development process used to identify gather data for planning and operating inventions cited should be directed to potential parcels of land for the MHPI, Corps projects and facilities and to Naval Air Warfare Center Weapons consider F–35 aircraft noise profiles, determine public preferences and Division, Code 4L4000D, 1900 N. Knox identify new alternatives resulting from satisfaction. Road Stop 6312, China Lake, CA 93555– this process, and identify the potential Affected Public: Individuals or 6106 and must include the Navy Case impacts to the affected environment households; business or other for-profit; number. from MHPI.

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Purpose: The purpose of this action is alternatives, except the No Action No. 67, pg. 17994/April 8, 2005). After for the Air Force to implement the Alternative. The alternatives for MHPI consideration of concerns raised during MHPI by leveraging private sector differ in the distribution of the housing. the public comment period, the Air funds, expertise, and efficiency with Air The following locations are being Force issued the second iteration, the Force resources (land and residences). considered: Revised Draft EIS in March 2006 The Air Force would ‘‘privatize’’ its Alternative 1. Crestview Park/Duke (Federal Register/Vol. 71, No. 62, pg. military family housing assets (those Field Area consists of two parcels 16302/March 31, 2006), which received currently owned and operated by the totaling 567 acres. The area is located public and agency comments. Before the government as opposed to leased approximately one mile northwest of EIS was finalized, circumstances arose housing) to accelerate the improvement Duke Field, just south of the Yellow causing the Air Force to halt the and availability of housing for military River along the northern border of the completion of the EIS and reevaluate the families. Eglin Reservation. Proposed Action. Alternative 2. Eglin Northeast Area Proposed Action: To obtain 1,477 The 2005 Base Closure and comprises four parcels totaling 2,458 military family housing units through Realignment (BRAC) decisions resulted some mixture of parcels from the five acres. The area is located approximately in the direction to beddown the Joint alternatives listed below plus the one mile southeast of Mossy Head, Strike Fighter (JSF) (i.e., the F–35 Hurlburt Field parcels. To implement Florida, right inside the northeastern aircraft) and the Army’s 7th Special the MHPI, the Air Force’s proposed Eglin Reservation border. Forces Group. This BRAC directed action includes the conveyance of all Alternative 3. White Point Area action resulted in a planned net gain of 1,413 existing military family housing comprises seven parcels totaling 416 approximately 4,000 additional military, units and infrastructure distributed acres. The area is located at White Point civilian, and contractor personnel (not among several parcels of land located on along the coastline of Choctawhatchee including family members) at Eglin Eglin AFB and Hurlburt Field to a Bay south of Niceville, Florida, and AFB. As a result, the Air Force private developer. adjacent to SR–20. Of the existing units, the private Alternative 4. Eglin Main Base/ conducted a new housing requirements developer would demolish 1,404, Valparaiso Area comprises eight parcels analysis and issued its third EIS renovate units in place, and accept the totaling 695 acres. The largest parcel iteration, the Supplemental Draft EIS in Air Force’s conveyance of nine existing (620 acres) is located in the southwest Aug 2008 (Federal Register/Vol. 73, No. historic units ‘‘as is.’’ The private corner of Eglin Main Base adjacent to 154, pg. 46269/August 8, 2008). The developer would construct 1,477 new the New Plew housing area. The third iteration analyzed the potential units (548 units for Hurlburt Field and remaining parcels are located along the consequences from housing alternatives 929 units for Eglin AFB) in phases and northeast border of Eglin Main Base, limited exclusively to the main base return nine historic units (five historic near the East Gate and adjacent to areas of Eglin AFB or Hurlburt Field due units located at Georgia Avenue on Valparaiso. to a shortfall in project financials Eglin AFB and four historic units at Alternative 5. North Fort Walton associated with hurricane-related Camp Pinchot) to the Air Force for Beach Area comprises five parcels increases in construction/insurance adaptive reuse for purposes other than totaling 457 acres with a 50 acre buffer costs. residential housing (e.g., offices, area. Three parcels were previously Scoping: In order to effectively define meeting places, etc.) once replacement identified in MHPI NEPA the full range of issues to be evaluated units are constructed. At completion of documentation as the ‘‘Camp Pinchot in the EIS, the Air Force will determine the project, a private developer would Expansion Area’’ (located adjacent to the scope of the EIS (i.e., what will be own and operate 1,477 military family the Camp Pinchot Historic District and covered and in what detail) by soliciting housing units (548 units for Hurlburt bordered on the west by SR–189 and the scoping comments from interested state Field and 929 units for Eglin AFB) on east by Garnier Bayou) and parts of the and federal agencies and interested behalf of the Air Force. ‘‘Poquito Bayou Expansion Area’’ members of the public through the All construction and demolition (located just north of the existing Federal Register and various media in activities would occur on Air Force- Poquito Bayou housing area). The the local areas of concern. Scoping owned property at Eglin AFB and remaining two parcels are located along comments should be submitted to the Hurlburt Field. The Air Force would the southern Eglin Reservation address below by the date indicated. lease the real property underlying the boundary in north Fort Walton Beach The Air Force will also hold a series of current units to the private developer. just north of SR–189 and adjacent to the scoping meetings to further solicit input For areas not designated for rebuilding, Okaloosa County Fairgrounds. The regarding the scope of the proposed this lease would last only until Camp Pinchot Historic District is not action and alternatives. demolition is complete or once included in this alternative. replacement units are built (in the case No Action Alternative. The Air Force DATES: Three scoping meetings will be of the historic units), at which time the would not implement the Proposed held in the potentially impacted property would be returned to the Air Action at Eglin or Hurlburt Field. communities. The scheduled dates, Force. For areas designated for Instead, the Air Force would continue to times, locations and addresses for the rebuilding, renovation, or conveyance as manage/maintain and replace/upgrade meetings will be published in local is, the real property would be leased to MFH in accordance with existing Air media a minimum of 15 days prior to the private developer for a period of 50 Force policy and resources. the scoping meetings. The Air Force years from the date of the transaction. In Background: This document intends to hold scoping meetings in the addition, the existing Hurlburt Field constitutes the fourth revision of an EIS following communities: Crestview, FL; FAMCAMP area would relocate as part that started with a Notice of Intent in Ft Walton Beach, FL; and Niceville, FL. of this proposed action. January 2004 (Federal Register/Vol. 69, In addition to comments received at Alternatives: Activities described No. 116, pg. 3570/January 26, 2004). the scoping meetings, any written under the Proposed Action, including The first iteration of the Draft EIS was comments on the scope of the proposed construction of housing on Hurlburt published and released to the public in EIS should be provided to the address Field, would be common across all April 2005 (Federal Register/Vol. 70, below by Friday, February 1, 2010.

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FOR FURTHER INFORMATION PLEASE well as complement the air-to-air DEPARTMENT OF DEFENSE CONTACT: Mike Spaits, Eglin AFB Public mission of the F–22A Raptor. At any of Affairs Office, 101 West D Avenue, the alternative locations, the beddown Department of the Air Force Suite 110, Eglin Air Force Base, FL action would involve personnel U.S. Air Force Scientific Advisory 32542–5499, phone (850) 882–2836, e- changes, facility construction and Board Notice of Meeting mail: [email protected] or check modifications, and aircraft operations. the Web site, http://www.eglin.af.mil/ Scoping: In order to effectively define AGENCY: U.S. Air Force Scientific housing_privatization/index.asp. the full range of issues to be evaluated Advisory Board, Department of the Air Bao-Anh Trinh, in the EIS, the Air Force will determine Force, Defense. YA–3, DAF, Air Force Federal Register Liaison the scope of the EIS (i.e., what will be ACTION: Meeting Notice. Officer. covered and in what detail) by soliciting SUMMARY: Under the provisions of the [FR Doc. E9–30980 Filed 12–29–09; 8:45 am] scoping comments from interested state Federal Advisory Committee Act of BILLING CODE 5001–05–P and federal agencies and interested 1972 (5 U.S.C., Appendix, as amended), members of the public through the the Government in the Sunshine Act of Federal Register and various media in DEPARTMENT OF DEFENSE 1976 (5 U.S.C. 552b, as amended), and the local areas of concern. Scoping 41 CFR 102–3.150, the Department of Department of the Air Force comments should be submitted to the Defense announces that the United address below by the date indicated. States Air Force Scientific Advisory Notice of Intent to Prepare an The Air Force will also hold a series of Board meeting will take place on Environmental Impact Statement for scoping meetings to further solicit input Tuesday, January 12th, 2010, at the Basing F–35A Operational Aircraft regarding the scope of the proposed SAF/AQ Conference and Innovation action and alternatives. Center, 1550 Crystal Dr., Arlington, VA, AGENCY: United States Air Force, Air 22202. The meeting will be from 8 Combat Command and Air National DATES: The Air Force intends to hold a.m.—5 p.m. The purpose of the Guard. scoping meetings in the following meeting is to hold the United States Air ACTION: communities: January 11–14, 2010 Notice of Intent. Force Scientific Advisory Board Grand View, Twin Falls, Boise, and Mt. SUMMARY: Pursuant to the National quarterly meeting to discuss the FY10 Home Idaho; January 19–22, 2010 Scientific Advisory Board study topics Environmental Policy Act (NEPA) of Ogden, Layton, Callao Utah; Wendover 1969, as amended (42 U.S.C. 4321, et tasked by the Secretary of the Air Force Nevada; January 25–28, 2010 Winooski, seq.), the Council on Environmental and the results of the Air Force Research Vermont; Littleton, New Hampshire; Quality (CEQ) Regulations for Laboratory Assessment. Watertown, New York; February 1–4, Implementing the Procedural Provisions Pursuant to 5 U.S.C. 552b, as of NEPA (40 CFR Parts 1500–1508), and 2010 Sumter, Eastover, and Kingstree, amended, and 41 CFR 102–3.155, the Air Force policy and procedures (32 South Carolina; Augusta and Brunswick Administrative Assistant of the Air CFR Part 989), the Air Force is issuing Georgia; February 8–12 2010 Force, in consultation with the Office of this notice to advise the public of its Jacksonville, Avon Park, Lake Wales the Air Force General Counsel, has intent to prepare an Environmental and Palatka Florida. The scheduled determined in writing that the United Impact Statement (EIS) to assess the dates, times, locations and addresses for States Air Force Scientific Advisory potential environmental impacts of the meetings will be published in local Board meeting will be closed to the establishing operational F–35 Joint media a minimum of 15 days prior to public because they will be concerned Strike Fighter (JSF) aircraft at one or the scoping meetings. All meetings will with classified information and matters more existing Air Force installations be held from 6 p.m. to 8 p.m. covered by sections 5 U.S.C. 552b(c) (1) and (4). within the continental United States. Comments will be accepted at any Any member of the public wishing to The proposed basing alternatives time during the environmental impact provide input to the United States Air include: Mt. Home AFB, Idaho; Hill analysis process. However, to ensure the AFB, Utah; Burlington Air Guard Force Scientific Advisory Board should Air Force has sufficient time to consider Station (AGS), Vermont; Shaw AFB/ submit a written statement in public input in the preparation of the McEntire Joint National Guard Base accordance with 41 CFR 102–3.140(c) Draft EIS, comments should be (JNGB), South Carolina (SC); and and section 10(a)(3) of the Federal Jacksonville AGS, Florida. submitted to the address below by Advisory Committee Act and the Each candidate base is an alternative. March 1, 2010. procedures described in this paragraph. For Mt. Home AFB, Hill AFB, and Shaw FOR FURTHER INFORMATION CONTACT: Ms. Written statements can be submitted to AFB/McEntire JNGB, the potential Sheryl Parker, HQ ACC/A7PS, 129 the Designated Federal Officer at the environmental impacts will be analyzed Andrews Street, Suite 337, Langley address detailed below at any time. for no action and in increments of 24 AFB, VA 23665–2769, telephone 757/ Statements being submitted in response primary assigned aircraft (PAA). For 764–9334. to the agenda mentioned in this notice Burlington AGS and Jacksonville AGS, must be received by the Designated the potential environmental impacts Bao-Anh Trinh, YA–3, DAF, Federal Officer at the address listed will be analyzed for no action and in Air Force Federal Register Liaison Officer. below at least five calendar days prior increments of 18 and 24 primary [FR Doc. E9–30671 Filed 12–29–09; 8:45 am] to the meeting which is the subject of assigned aircraft. this notice. Written statements received BILLING CODE 5001–05–P The Air Force version of the F–35 JSF, after this date may not be provided to designated F–35A, is a conventional or considered by the United States Air take-off, multiple-role fighter with an Force Scientific Advisory Board until its emphasis on air-to-ground missions. next meeting. The Designated Federal The aircraft was designed to supplement Officer will review all timely and eventually replace legacy aircraft as submissions with the United States Air

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Force Scientific Advisory Board development of a notice inviting Federal Register on November 18, 2009 Chairperson and ensure they are applications that establishes the (74 FR 59688). Under this general provided to members of the United requirements for this competition, and program, the Department will award States Air Force Scientific Advisory to provide technical assistance to States, approximately $4 billion to State Board before the meeting that is the the Secretary continues to seek input applicants that have demonstrated that subject of this notice. from States, technical experts, and they have created certain conditions for FOR FURTHER INFORMATION CONTACT: The members of the public through public education innovation and reform; United States Air Force Scientific meetings and written submissions. achieved significant improvement in Advisory Board Executive Director and Following the public meetings and student outcomes, including making Designated Federal Officer, Lt Col review of the written submissions, the substantial gains in student Anthony M. Mitchell, 301–981–7135, Department intends to publish a notice achievement, closing achievement gaps, United States Air Force Scientific inviting applications for such a improving high school graduation rates, Advisory Board, 1602 California Ave. competition. and ensuring student preparation for Ste. 251, Andrews AFB, MD 20762, DATES: Public meetings will be held on success in college and careers; and [email protected]. the dates and at the locations specified proposed to develop and implement comprehensive reform strategies that are Bao-Anh Trinh, later in this notice. Written submissions must be received by the Department by integrated across the four ARRA Air Force Federal Register Liaison Officer. 5:00 p.m., Eastern time, on Wednesday, education reform areas. [FR Doc. E9–30981 Filed 12–29–09; 8:45 am] January 20, 2010. Through this notice, we are seeking BILLING CODE 5001–05–P additional input on a second proposed ADDRESSES: For those submitting program (Assessment Program), which written input, we encourage would provide approximately $350 submissions by e-mail using the million in grants to consortia of States DEPARTMENT OF EDUCATION following address: for the development of common, high- [email protected]. If Race to the Top Fund quality assessments aligned with an you prefer to send your input by mail, applicant consortium’s common set of address it to Office of Elementary and Catalog of Federal Domestic Assistance K–12 standards that are internationally (CFDA) Number: 84.395C Secondary Education, Attention: Race to benchmarked and that build toward AGENCY: Department of Education. the Top Assessment Program—Public college and career readiness by the time ACTION: Notice of three additional public Input Meetings, U.S. Department of of high school completion. meetings and request for input from Education, 400 Maryland Avenue, SW., At a later date, guided by the input technical experts pertaining to a Room 3W339, Washington, DC 20202. from the public meetings and written possible Race to the Top Assessment FOR FURTHER INFORMATION CONTACT: U.S. submissions described in this notice, program, and provide technical Department of Education, 400 Maryland and in conjunction with the input assistance to States for the development Avenue, SW., Room 3W339, received in response to the October 23, and implementation of high-quality Washington, DC 20202. Telephone: 2009 notice, the Secretary intends to assessments based on common 202–453–7246 or by e-mail: issue a notice inviting applications for standards. [email protected]. a competition for this second program If you use a telecommunications that would set forth the requirements SUMMARY: On October 23, 2009, the device for the deaf (TDD), call the and criteria for the submission of Department announced in the Federal Federal Relay Service (FRS), toll free, at applications. Should the Secretary Register (74 FR 54795) a series of public 1–800–877–8339. decide not to conduct the Race to the meetings to be held throughout SUPPLEMENTARY INFORMATION: Top Assessment Program, the $350 November and December 2009 to inform Background: The Race to the Top million designated for this program will its work on a potential Assessment Fund, authorized under the American revert to fund additional grants under Program within the Race to the Top Recovery and Reinvestment Act of 2009 the general Race to the Top Program. Fund and to provide technical (ARRA), Public Law 111–5, provides Because requirements for an assistance to States. This notice $4.35 billion for competitive grants to assessment program are highly announces three additional public States to encourage and reward States technical, the Department has been meetings intended to address questions that are creating the conditions for soliciting input through public meetings outlined in the October notice that have education innovation and reform; to inform the design and development not been fully covered, and new topic implementing ambitious plans in the of this program, including the notice areas and questions that have emerged four education reform areas described in inviting applications, and to provide based on public and expert input. As the ARRA; and achieving significant technical assistance to States. Based on announced in the October notice, by improvement in student outcomes, the input received in the three public March 2010, the Secretary of Education including making substantial gains in meetings and written comments (Secretary) intends to announce a student achievement, closing received thus far, the Department will competition for a program that would achievement gaps, improving high hold a second series of public meetings support one or more consortia of States school graduation rates, and ensuring to address issues articulated in this that are working toward jointly student preparation for success in notice. At these meetings invited developing and implementing common, college and careers. experts and members of the public will high-quality assessments aligned with a The Department is considering have the opportunity to provide input, consortium’s common set of implementing two separate programs including written input. Should we kindergarten-through-grade-12 (K–12) under the Race to the Top Fund. The decide to implement this Assessment standards that are internationally first, a general program, was announced Program by holding a competition, we benchmarked and that build toward in November through a notice inviting do not intend to conduct notice and college and career readiness by the time applications and notice of final comment rulemaking. Section 437(d)(1) of high school completion. To inform priorities, requirements, definitions, and of the General Education Provisions Act, the design of this program and the selection criteria published in the 20 U.S.C. 1232(d)(1), allows the

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Department to waive rulemaking for the • Topic Area: Project and Consortium language interpreters will be available. first grant competition under a new or Management If you need an auxiliary aid or service substantially revised program authority. Æ Wednesday, January 13; in (e.g., interpreting service such as sign This would be the first competition for Washington, DC; at the United States language, oral, cued speech, or tactile an Assessment Program under the Race Department of Education’s Potomac interpreter; assisted listening device; or to the Top Fund. Center Plaza at 550 12th Street, SW., materials in alternate format) to The three meetings announced in the 10th floor conference room, participate in the meeting, notify the previous notice and held in November Washington, DC; from 10:00 a.m. to 5:00 Department using the contact and December have informed the p.m. information provided in the FOR Department’s thinking on the design • Topic Area: Procurement FURTHER INFORMATION CONTACT section of Æ and development of the potential Thursday, January 14; in this document at least two weeks before competition and on the notice inviting Washington, DC; at the United States the scheduled meeting date. Although applications. In addition, these meetings Department of Education’s Potomac we will attempt to meet any requests we have provided an important opportunity Center Plaza at 550 12th Street, SW., receive after this date, we may not be for the Department and States to learn 10th floor conference room, able to make available the requested more about the design, development, Washington, DC; from 9:00 a.m. to 12:30 auxiliary aid or service because of and implementation of high-quality p.m. insufficient time. • assessments. The Department intends to Topic Area: General and Technical Submission of Written Input: Assessment All interested parties, including those extend that learning to a new set of Æ questions in the next set of meetings Wednesday, January 20; in who cannot attend a meeting or from announced in this notice. As with the Washington, DC; at a Washington, DC whom we do not have time to hear at previous meetings, the Department metro area location to be determined a meeting, may submit written input in expects that States, in particular, will and announced via the Department’s response to this notice. acquire critical knowledge about best Web site; from 10:00 a.m. to 5:00 p.m. Written input will be accepted at the Attendance: If you are interested in practices in assessments, especially on meeting site or via e-mail and mail at attending an event, you must register by the development and management of the addresses listed in the ADDRESSES first sending an e-mail to assessment consortia, and then be able section of this notice. Written input [email protected]. The to employ that knowledge in developing must be submitted by the date listed in subject line of your e-mail must read, their applications and in designing the DATES section. ‘‘Request form.’’ A registration form will high-quality assessments. When submitting input at the be automatically sent to you. You must meetings, we request that you submit Details of Public Meetings complete this form electronically and two written copies. Please include your Structure of Public Meetings: return it by e-mail. Detailed instructions name, organization (if applicable), and The Department anticipates that each are included in the form. Registrations contact information. meeting will have two components as will be processed on a first-come, first- Both at the meetings and in your follows: served basis with space reserved for written submission, we encourage you (1) Input from invited panels of State participants. Individuals will be to be as specific as possible. To ensure experts and stakeholders: notified by e-mail when their that your input is fully considered, we Æ Each meeting will have an invited registration is confirmed. urge you to identify clearly the specific set of panelists who will have a set Providing input: If you are interested question, purpose, and characteristic amount of time to respond individually in speaking during the open input that each of your suggestions addresses to the questions in this notice. portion of the meeting, you must and to arrange your submission in the Æ The Department representatives register by first sending an e-mail to order of the questions listed in this will then ask questions of individual [email protected]. The notice. Please also include a description panelists and facilitate cross-panelist subject line of your e-mail must read, of your involvement, if any, in statewide discussion. ‘‘Speaker request form.’’ A registration assessment practices. (2) Open opportunity to share input: form will be automatically sent to you. Sharing Input Publicly: Æ Each meeting will have 30 to 60 You must complete this form The Department is committed to minutes for interested members of the electronically and return it by e-mail. gathering and sharing publicly the input public, who have registered to speak, to Detailed instructions are included in the from the meetings and written respond to the questions in this notice. form. Because the number of public submissions. Each meeting will be Æ Each individual scheduled to speak speaking slots is limited, individuals transcribed. All transcripts will be will have 5 minutes to provide oral and organizations may register to speak available for viewing at http:// input. at only one of the three meetings. www.ed.gov/programs/racetothetop- Æ Written submissions will also be Requests to speak will be processed on assessment/index.html. All written accepted as described in the Submission a first-come, first-served basis. input received will be available for of Written Input section. Confirmed speakers will be notified by viewing via this Web site as well. Each meeting will focus on a the Department by e-mail, and will be Assessment Program Design and particular topic as indicated in the next asked to bring two hard copies of their Questions section. The Department will share any input to the meeting. People who are updates, including posting additional unable to attend a meeting in person or As described in the October 23 notice, questions, online at http://www.ed.gov/ who do not register early enough to we intend for the Assessment Program programs/racetothetop-assessment/ speak during the meeting are to support consortia of States working index.html. encouraged to submit written input. toward jointly developing and Topic Areas, Dates, Times, Locations, implementing a next generation of and Registration Information: Assistance to Individuals With common summative assessments that The public meetings will occur on the Disabilities at the Public Meetings are aligned with a common set of following dates at the times and The meeting sites will be accessible to kindergarten-through-grade-12 locations indicated below. individuals with disabilities and sign internationally benchmarked, college-

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and career-ready standards that model subject areas of reading/language arts States, institutions of higher education, and support effective teaching and and mathematics, would provide policymakers, researchers, and others; student learning. Such summative information for each student annually in (6) Make effective and appropriate use assessments would allow students, grades 3 through 8, and would provide of technology; including students with disabilities and information at the high school level (7) Be valid, reliable, and fair; English language learners, to about each student’s college- and/or (8) Be appropriately secure for the demonstrate at each grade level tested career-readiness. The assessments intended purposes; their mastery of knowledge and skills would not need to be limited to a single (9) Have the fastest possible and the extent to which each student is end-of-year assessment but could turnaround time on scoring, without on track to college- and career-readiness include multiple summative forcing the use of lower-quality by the time of high school graduation. components administered at different assessment items; and In designing the requirements for this points during the school year. Moreover, (10) Be able to be maintained, program, the Secretary is particularly the assessments might be viewed as administered, and scored at a cost that interested in innovative and effective replacing rather than adding to the is sustainable over time. approaches to assessment that will assessments currently in use in States Design of Assessment Systems—Desired assist States in creating powerful and participating in the consortia. Characteristics useful systems of assessment that meet Information gathered from the In addition, the Department is these requirements. assessments should be useable in In the following paragraphs, we have particularly interested in assessment informing— systems in which— provided a framework that outlines the • Teaching, learning, and program characteristics we believe should be (1) Teachers are involved in scoring of improvement; constructed responses and performance required or encouraged in assessment • Determinations of school systems supported by a grant under this tasks in order to measure effectively effectiveness; students’ mastery of higher-order proposed program. We then list the • Determinations of principal and specific questions on which we seek content and skills and to build teacher teacher effectiveness in order to inform expertise and understanding of input, taking into account this evaluation and the provision of support framework. performance expectations; to teachers and principals; and (2) The assessment approach can be It is important to note that this • Determinations of individual proposed program, the public meetings, easily adapted to include summative student college- and career-readiness, assessments in other content areas (e.g., and the framework below would focus such as determinations made for high on the design and quality of assessment science, social studies) in the future; school exit decisions, college course (3) The technology ‘‘platform’’ created systems and not on accountability placement in credit-bearing classes, or for summative assessments supports policies, such as those described in college entrance. assessment and item development, section 1116 of the Elementary and administration, scoring, and reporting Secondary Education Action (ESEA). Design of Assessment Systems— that increases the quality and cost- Given the pending reauthorization of Required Characteristics effectiveness of assessments; and the ESEA, we intend that the With respect to the design of the (4) The technology infrastructure Assessment Program would support the assessment system, the Department created for summative assessments can development of the best possible would likely require that the be easily adapted to support assessments that could be not only assessments, at a minimum, meet the practitioners and professionals in the appropriately used by States under the following characteristics: development, administration, and/or current ESEA assessment and (1) Reflect and support good scoring of high-quality interim accountability requirements, but could instructional practice by eliciting assessments.1 also serve additional purposes as complex responses and demonstrations Additional Questions for Input: outlined later in this notice. of knowledge and skills consistent with The specific additional questions on Framework: the goal of being college and career which the Department seeks input are Design of Assessment Systems— ready by the time of high school listed below. All input, including expert General Requirements completion; presentations and discussions, public The Department is particularly (2) Be accessible to the broadest input, and written submissions, should interested in supporting the possible range of students, with focus primarily on responding to these development of summative assessments appropriate accommodations for questions in the context of the that measure— students with disabilities and English framework outlined above, and may also • Individual student achievement as language learners; provide input on the framework itself. measured against standards that build (3) Contain varied and unpredictable We encourage you to make your input toward college- and career-readiness by item types and content sampling, so as as specific as possible, to provide the time of high school completion; not to create incentives for • Individual student growth (that is, inappropriate test preparation and 1 Consistent with section 14006(c) of ARRA, the curriculum narrowing; October 23, 2009 Federal Register notice the change in student achievement data announcing the initial public meetings for the for an individual student between two (4) Produce results that can be assessment competition stated that at least 50 or more points in time); and aggregated at the classroom, school, percent of any award under this competition would • The extent to which each local educational agency (LEA), and have to be provided to local educational agencies State levels; through sub-grants (74 FR 54796). However, section individual student is on track, at each 310(2) of the Department of Education grade level tested, toward college- or (5) Produce reports that are relevant, Appropriations Act, 2010 amended ARRA to make career-readiness by the time of high actionable, timely, accurate, and this requirement not apply to ‘‘grants made by the school completion. displayed in ways that are clear and Secretary to consortia of States to develop academic assessments that are aligned with academic At a minimum, we would expect that understandable for target audiences, standards.’’ Therefore, the requirement that 50 the common assessments would including teachers, students and their percent of the funds must be sub-granted to LEAs measure each of these elements in the families, schools, LEAs, communities, does not apply to this assessment competition.

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evidence to support your proposals and consortium? How will State edition of the Federal Register and the Code answers, and to present the information procurement regulations, processes and of Federal Regulations is available on GPO in a context and format that will be time frames likely affect how a Access at: http://www.gpoaccess.gov/nara/ helpful to States implementing high- consortium carries out the development, index.html. quality assessments. These additional piloting, and implementation of Dated: December 24, 2009. common assessments? (You may use questions focus on the topics of project Arne Duncan, and consortium management, examples from outside the education Secretary of Education. procurement, and general and technical sector, if relevant.) assessment matters. 2. States have expressed interest in [FR Doc. E9–30975 Filed 12–28–09; 11:15 To ensure that your input is fully acquiring information about, and input am] considered in the development of the and ideas from, potential assessment BILLING CODE 4000–01–P notice inviting applications, we urge partners/vendors in advance of you to identify clearly the specific completing their applications. What question, purpose, or characteristic that actions, if any, would you advise the DEPARTMENT OF ENERGY you are addressing, and to arrange your Department to take to help facilitate State Energy Advisory Board (STEAB) input in the order of the questions as this? they are listed in this notice. 3. States expressed a desire to run AGENCY: Department of Energy. competitive (as opposed to sole- ACTION: Notice of Open Teleconference. Project and Consortium Management sourced) processes for selecting Questions partners/vendors. How would you SUMMARY: This notice announces a 1. How would you recommend advise the Department to structure the meeting of the State Energy Advisory organizing a consortium to achieve application to enable States to do so? Board (STEAB). The Federal Advisory success in developing and What other ideas would you offer in Committee Act (Pub. L. No. 92–463; 86 implementing the proposed assessment designing a process that is flexible Stat. 770) requires that public notice of system? enough to accommodate other these meetings be announced in the a. What governance model do you challenges that States might encounter Federal Register. over time (e.g., challenges related to suggest and why? What leadership DATES: Thursday, January 21, 2010, 1 to model do you suggest and why? partner/vendor selection or contract 2 p.m. EDT. b. What recommendations do you change management)? FOR FURTHER INFORMATION CONTACT: Gary have on the decision-making process General and Technical Assessment Burch, STEAB Designated Federal within a consortium? Questions c. What recommendations do you Officer, Senior Management Technical have for States that are organizing The Department continues to Advisor, Intergovernmental Projects, consortia regarding: synthesize input received in response to Golden Field Office, U.S. Department of • how to differentiate roles, the October 23 notice of public input Energy, 1617 Cole Boulevard, Golden, responsibilities, and workloads within a meetings. Approximately two weeks in CO 80401, Telephone 303–275–4801. consortium? advance of the January 20 meeting on SUPPLEMENTARY INFORMATION: • roles for third parties (e.g., this topic, the Department intends to Purpose of the Board: To make conveners, project managers, assessment publish via our website (http:// recommendations to the Assistant developers/partners, intermediaries)? www.ed.gov/programs/racetothetop- Secretary for the Office of Energy d. What advice do you have on the assessment/resources.html) a list of Efficiency and Renewable Energy characteristics that all consortium general and technical assessment regarding goals and objectives, members must have in common in order questions on which further input is programmatic and administrative for a consortium to be successful, and requested. policies, and to otherwise carry out the what characteristics can vary across Accessible Format: Individuals with Board’s responsibilities as designated in member States, e.g., philosophical disabilities can obtain this document in the State Energy Efficiency Programs approaches to assessment, standards, an accessible format (e.g., braille, large Improvement Act of 1990 (Pub. L. No. scope and sequence, etc.? print, audiotape, or computer diskette) 101–440). 2. What would you recommend that a on request to the program contact Tentative Agenda: Discuss ways consortium be asked to demonstrate in person listed under FOR FURTHER STEAB can support DOE’s its application to show that it has the INFORMATION CONTACT. implementation of the Economic capacity, structure, and potential to Electronic Access to This Document: Recovery Act, follow-up on discussion implement its proposed plan? What are You can view this document, as well as begun during the December the critical success indicators six, 12 all other documents of this Department teleconference call, and update and 18 months into the life of a published in the Federal Register, in members of the Board on routine consortium? What signals are predictive text or Adobe Portable Document business matters. of ultimate success or failure? Format (PDF) on the Internet at the Public Participation: The meeting is 3. What could go wrong in the following site: http://www.ed.gov/news/ open to the public. Written statements development and management of a fedregister. may be filed with the Board either consortium and what can States do to To use PDF you must have Adobe before or after the meeting. Members of mitigate these factors up front? In what Acrobat Reader, which is available free the public who wish to make oral ways could the Department structure at this site. If you have questions about statements pertaining to agenda items the competition to help mitigate these using PDF, call the U.S. Government should contact Gary Burch at the factors? Printing Office (GPO), toll free, at 1– address or telephone number listed 888–293–6498; or in the Washington, above. Requests to make oral comments Procurement Questions DC, area at (202) 512–1530. must be received five days prior to the 1. How do differences in State Note: The official version of this document meeting; reasonable provision will be procurement rules affect how you is the document published in the Federal made to include requested topic(s) on would design and manage a Register. Free Internet access to the official the agenda. The Chair of the Board is

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empowered to conduct the meeting in a the public at its advisory committee SUPPLEMENTARY INFORMATION: fashion that will facilitate the orderly meetings and will make every effort to Purpose of the Committee: The conduct of business. accommodate persons with physical purpose of the Methane Hydrate Minutes: The minutes of the meeting disabilities or special needs. If you Advisory Committee is to provide will be available for public review and require special accommodations due to advice on potential applications of copying within 60 days on the STEAB a disability, please contact Reinhard methane hydrate to the Secretary of Web site, http://www.steab.org. Knerr at least seven days in advance of Energy, and assist in developing Issued at Washington, DC, on December 24, the meeting at the telephone number recommendations and priorities for the 2009. listed above. Written statements may be Department of Energy Methane Hydrate Rachel Samuel, filed with the Board either before or Research and Development Program. after the meeting. Individuals who wish Deputy Committee Management Officer. Tentative Agenda [FR Doc. E9–30958 Filed 12–29–09; 8:45 am] to make oral statements pertaining to BILLING CODE 6450–01–P agenda items should contact Reinhard Thursday, January 28, 2010 Knerr at the address or telephone 8:30 a.m. Registration number listed above. Requests must be 9 a.m. Welcome and Introductions DEPARTMENT OF ENERGY received five days prior to the meeting 9:15 a.m. Report from Representative and reasonable provision will be made Group of Committee Members on Environmental Management Site- to include the presentation in the meeting with Secretary Chu Specific Advisory Board, Paducah agenda. The Deputy Designated Federal 9:45 a.m. Report on DOE Budget and Officer is empowered to conduct the AGENCY: Department of Energy (DOE). Strategy for Field Testing meeting in a fashion that will facilitate ACTION: Notice of open meeting. 10:15 a.m. Break the orderly conduct of business. 10:30 a.m. Report and Discussion of SUMMARY: This notice announces a Individuals wishing to make public Gulf of Mexico Joint Industry meeting of the Environmental comments will be provided a maximum Project 2009 Expedition Management Site-Specific Advisory of five minutes to present their 11:30 a.m. Report and Discussion of Board (EM SSAB), Paducah. The comments. ConocoPhillips Alaska North Slope Minutes: Minutes will be available by Federal Advisory Committee Act (Pub. CO2 Injection Project L. No. 92–463, 86 Stat. 770) requires writing or calling Reinhard Knerr at the 12:30 p.m. Working Lunch that public notice of this meeting be address and phone number listed above. 1:45 p.m. Status Report on BP Alaska announced in the Federal Register. Minutes will also be available at the North Slope Proposed Production DATES: Thursday, January 21, 2010, 6 following Web site: http:// Test p.m. www.pgdpcab.org/meetings.html. 2:15 p.m. Report and Discussion: Issued at Washington, DC on December 24, Modeling Hydrate in the Global ADDRESSES: Barkley Centre, 111 2009. Climate Cycle Memorial Drive, Paducah, Kentucky Rachel Samuel, 3 p.m. Break 42001. Deputy Committee Management Officer. 3:30 p.m. Report on Post-Doctoral FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–30961 Filed 12–29–09; 8:45 am] Fellowship and Laboratory R&D Reinhard Knerr, Deputy Designated BILLING CODE 6450–01–P 4 p.m. Report on Beaufort Sea 2009 Federal Officer, Department of Energy Expedition Paducah Site Office, Post Office Box 4:30 p.m. Report on Gas Production 1410, MS–103, Paducah, Kentucky DEPARTMENT OF ENERGY from Hydrate Bearing Sediments: 42001, (270) 441–6825. Geomechanical Implications SUPPLEMENTARY INFORMATION: Methane Hydrate Advisory Committee 5 p.m. Adjourn for the day Purpose of the Board: The purpose of AGENCY: Department of Energy, Office of Friday, January 29, 2010 the Board is to make recommendations Fossil Energy. to DOE–EM in the areas of 8 a.m. Registration environmental restoration, waste ACTION: Notice of open meeting. 8:30 a.m. Report and Discussion on National Research Council (NRC) management and related activities. SUMMARY: This notice announces a Assessment and 2010 Report to Tentative Agenda meeting of the Methane Hydrate Congress • Call to Order, Introductions, Review Advisory Committee. Federal Advisory 10 a.m. Break of Agenda Committee Act (Pub. L. 92–463, 86 Stat. 10:15 a.m. Continue Discussion of • Deputy Designated Federal Officer’s 770) requires that notice of these NRC Report Comments meetings be announced in the Federal 11 a.m. Discussion and Preparation of • Federal Coordinator’s Comments Register. Recommendations to DOE • Liaisons’ Comments DATES: Thursday, January 28, 2010, 8:30 12 p.m. Working Lunch • Committee Chairs’ Comments a.m. to 5 p.m. Friday, January 29, 2010, • 1 p.m. Continue Preparation of Presentations 8 a.m. to 3 p.m. Recommendations to DOE Æ Understanding Risk—Rich ADDRESSES: School of Civil and 3 p.m. Wrap up—Adjourn Bonczek, DOE Environmental Engineering, Sustainable • Administrative Issues Public Participation: The meeting is Æ New Business and Education Building, Room SEB#122, open to the public. The Chairman of the Recommendations Georgia Institute of Technology, 790 Committee will conduct the meeting to • Public Comments Atlantic Drive, Atlanta, GA 30332–0355. facilitate the orderly conduct of • Final Comments FOR FURTHER INFORMATION CONTACT: business. If you would like to file a • Adjourn Edith Allison, U.S. Department of written statement with the Committee, Breaks Taken As Appropriate Energy, Office of Oil and Natural Gas, you may do so either before or after the Public Participation: The EM SSAB, Washington, DC 20585. Phone: 202– meeting. If you would like to make oral Paducah, welcomes the attendance of 586–1023. statements regarding any of the items on

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the agenda, you should contact Edith • http://www.regulations.gov: Follow copy. Publicly available docket Allison at the address or telephone the on-line instructions for submitting materials are available either number listed above. You must make comments. electronically in http:// your request for an oral statement at • E-mail: [email protected]. www.regulations.gov or in hard copy at least five business days prior to the • Mail: U.S. Environmental the Office of Water Docket/EPA/DC, meeting, and reasonable provisions will Protection Agency; EPA Docket Center 1301 Constitution Ave, NW., EPA West, be made to include the presentation on (EPA/DC) Water Docket, MC 28221T; Room 3334, Washington DC. This the agenda. Public comment will follow 1200 Pennsylvania Avenue, NW., Docket Facility is open from 8:30 a.m. the 10 minute rule. Washington, DC 20460. until 4:30 p.m., EST, Monday through • Minutes: The minutes of this meeting Hand Delivery: EPA Docket Center, Friday, excluding legal holidays. The will be available for public review and 1301 Constitution Ave, NW., EPA West, telephone number for the Public copying within 60 days at the Freedom Room 3334, Washington DC. Such Reading Room is (202) 566–1744, and of Information Public Reading Room, deliveries are only accepted during the the telephone number for the Office of Room 1G–033, Forrestal Building, 1000 Docket’s normal hours of operation, and Water Docket is (202) 566–2426. special arrangements should be made Independence Avenue, SW., FOR FURTHER INFORMATION CONTACT: Lisa Washington, DC, between 9 a.m. and 4 for deliveries of boxed information. Instructions: Direct your comments to Huff, Health and Ecological Criteria p.m., Monday through Friday, except Division (4304T), U.S. EPA, 1200 Federal holidays. Docket ID No. EPA–HQ–OW–2009– 0921. EPA’s policy is that all comments Pennsylvania Ave., NW., Washington, Issued at Washington, DC, on December 23, received will be included in the public DC 20460; (202) 566–0787; 2009. docket without change and may be [email protected]. Rachel Samuel, made available online at http:// SUPPLEMENTARY INFORMATION: Deputy Committee Management Officer. www.regulations.gov, including any I. What Are Water Quality Criteria? [FR Doc. E9–30959 Filed 12–29–09; 8:45 am] personal information provided, unless BILLING CODE 6450–01–P the comment includes information Water quality criteria are either claimed to be Confidential Business narrative descriptions of water quality Information (CBI) or other information or scientifically derived numeric values that protect aquatic life or human health ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute. from the deleterious effects of pollutants AGENCY Do not submit information that you consider to be CBI or otherwise in ambient water. [FRL–9097–8; OW–2009–0921] protected through http:// Section 304(a)(1) of the Clean Water www.regulations.gov or e-mail. The Act requires EPA to develop and Draft 2009 Update Aquatic Life http://www.regulations.gov Web site is publish and, from time to time, revise, Ambient Water Quality Criteria for an ‘‘anonymous access’’ system, which criteria for water quality accurately Ammonia—Freshwater means EPA will not know your identity reflecting the latest scientific or contact information unless you knowledge. Water quality criteria AGENCY: Environmental Protection provide it in the body of your comment. developed under section 304(a) are Agency (EPA). If you send an e-mail comment directly based solely on data and scientific ACTION: Notice of availability of draft to EPA without going through http:// judgments on the relationship between criteria and request for scientific views. www.regulations.gov your e-mail pollutant concentrations and address will be automatically captured environmental and human health SUMMARY: Pursuant to section 304(a) of and included as part of the comment effects. Section 304(a) criteria do not the Clean Water Act (CWA), the that is placed in the public docket and reflect consideration of economic Environmental Protection Agency (EPA) made available on the Internet. If you impacts or the technological feasibility is announcing the availability of draft submit an electronic comment, EPA of meeting pollutant concentrations in national recommended water quality recommends that you include your ambient water. criteria for ammonia for the protection name and other contact information in Section 304(a) criteria provide of aquatic life. The draft criteria are the body of your comment and with any guidance to States and authorized tribes based on EPA’s Guidelines for Deriving disk or CD–ROM you submit. If EPA in adopting water quality standards that Numerical National Water Quality cannot read your comment due to ultimately provide a basis for Criteria for the Protection of Aquatic technical difficulties and cannot contact controlling discharges or releases of Organisms and Their Uses (1985), (EPA/ you for clarification, EPA may not be pollutants. The criteria also provide R–85–100). EPA’s recommended section able to consider your comment. guidance to EPA when promulgating 304(a) water quality criteria provide Electronic files should avoid the use of Federal regulations under section 303(c) guidance to States and authorized tribes special characters, any form of when such action is necessary. Under in adopting water quality standards for encryption, and be free of any defects or the CWA and its implementing protecting aquatic life and human viruses. For additional information regulations, States and authorized tribes health and provide guidance to EPA for about EPA’s public docket visit the EPA are to adopt water quality criteria to promulgating Federal regulations under Docket Center homepage at http:// protect designated uses (e.g., public CWA section 303(c), when such action www.epa.gov/epahome/dockets.htm. water supply, aquatic life, recreational is necessary. Docket: All documents in the docket use, or industrial use). EPA’s DATES: Scientific views must be are listed in the http:// recommended water quality criteria do received on or before March 1, 2010. www.regulations.gov index. Although not substitute for the CWA or Comments postmarked after this date listed in the index, some information is regulations, nor are they regulations may not be considered. not publicly available, e.g., CBI or other themselves. Thus, EPA’s recommended ADDRESSES: Submit your scientific information whose disclosure is criteria do not impose legally binding views, identified by Docket ID No. EPA– restricted by statute. Certain other requirements. States and authorized HQ–OW–2009- 0921, by one of the material, such as copyrighted material, tribes have the discretion to adopt, following methods: will be publicly available only in hard where appropriate, other scientifically

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defensible water quality criteria that 1. The one-hour average concentration temperature threshold, fish become the differ from these recommendations. of total ammonia nitrogen (in mg N/L) most sensitive genera. does not exceed, more than once every II. What Are the Ammonia Criteria? Acute Criteria: At pH=8, where three years on the average, the CMC freshwater mussels are present, the EPA is today publishing draft national (acute criterion), which is dependent on recommended water quality criteria criterion concentration ranges from 1.90 the aquatic organisms present. ° ° (NRWQC) for ammonia for protecting 2A. The thirty-day average mg N/L at 30 C to 9.81 mg N/L at 0 aquatic life. These draft criteria updates concentration of total ammonia nitrogen C. At pH=8, where freshwater mussels are based on EPA’s Guidelines for (in mg N/L) does not exceed, more than are absent the criterion concentration ° Deriving Numerical National Water once every three years on the average, ranges from 3.29 mg N/L at 30 C to 9.99 Quality Criteria for the Protection of the CCC (chronic criterion), which is mg N/L at 0° C. Aquatic Organisms and Their Uses dependent on the aquatic organisms Chronic Criteria: At pH=8, where (1985), (EPA/R–85–100). These present. freshwater mussels are present, Guidelines describe the Agency’s 2B. In addition, the highest four-day irrespective of whether fish early life current approach for deriving national average within the 30-day period should stages (ELS) are present or absent, the recommended water quality criteria to not exceed 2.5 times the CCC. criterion ranges from 0.186 mg N/L at protect aquatic life. Toxicity data and The acute and chronic criteria 30° C to 0.817 mg N/L at 0° C. When other information on the effects of concentrations are expressed as freshwater mussels are absent, the ammonia were obtained from reliable functions of temperature and pH, such ° that values differ across sites, and differ values range from 1.33 mg N/L at 30 C sources and subjected to both internal ° and external scientific peer review. The over time within a site. See draft criteria to 2.32 mg N/L at 0 C at times when NRWQC for ammonia saltwater are not document (pp. 34–38) for actual fish ELS are present, and from 1.33 mg ° ° being updated at this time. equations describing this function. As N/L at 30 C to 5.87 mg N/L at 0 C at Freshwater: Freshwater aquatic temperature decreases, invertebrates, times when fish ELS are absent. organisms and their uses should not be but not fish, become less sensitive to affected unacceptably if— ammonia, and below a particular

Draft 2009 ammonia criteria Current 1999 criteria (at pH 8 and 25° C) (at pH 8 and 25° C)

Acute ...... 2.9 mg N/L mussels present ...... 5.6 mg N/L salmon present. 5.0 mg N/L mussels absent. Chronic ...... 0.26 mg N/L mussels present ...... 1.2 mg N/L fish early life stages present. 1.8 mg N/L mussels absent.

Note: These criteria values are appropriate quality criteria or other scientifically Aquatic Organisms and Their Uses at the standard normalized pH and defensible methods. A State’s criteria (EPA 822/R–85–100); National Strategy temperature; the criteria values are a function must contain sufficient parameters or for the Development of Regional of the variability of pH and temperature. constituents to protect the designated Nutrient Criteria (EPA 822–R–98–002); The water quality criteria for uses. Consistent with 40 CFR 131.21, and EPA Review and Approval of State ammonia saltwater are not being new or revised water quality criteria and Tribal Water Quality Standards updated at this time. adopted into law by States and (65FR24641). authorized Tribes on or after May 30, III. What is the Relationship Between 2000 are in effect for CWA purposes You can find these publications the Water Quality Criteria and State or only after EPA approval. through EPA’s National Service Center Tribal Water Quality Standards? for Environmental Publications (NSCEP, IV. Where Can I Find More Information As part of the water quality standards previously NCEPI) or on the Office of About Water Quality Criteria and Science and Technology’s Home-page triennial review process defined in Water Quality Standards? Section 303(c)(1) of the CWA, the States (http://www.epa.gov/waterscience). and authorized Tribes are responsible For more information about water Dated: December 23, 2009. for maintaining and revising water quality criteria and Water Quality Peter S. Silva, quality standards. Water quality Standards refer to the following: Water Assistant Administrator for Water. standards consist of three principal Quality Standards Handbook (EPA 823– [FR Doc. E9–30992 Filed 12–29–09; 8:45 am] elements: designated uses, water quality B94–005a); Advanced Notice of criteria to protect those uses, and Proposed Rule Making (ANPRM), BILLING CODE 6560–50–P antidegradation requirements, providing (63FR36742); Water Quality Criteria and for protection of existing water uses and Standards Plan—Priorities for the limitations on degradation of high Future (EPA 822–R–98–003); Guidelines quality waters. Section 303(c)(1) and Methodologies Used in the requires States and authorized Tribes to Preparation of Health Effects review and modify, if appropriate, their Assessment Chapters of the Consent water quality standards at least once Decree Water Criteria Documents every three years. (45FR79347); Methodology for Deriving States and authorized Tribes must Ambient Water Quality Criteria for the adopt water quality criteria that protect Protection of Human Health (2000), designated uses. States may develop EPA–822–B–00–004); Guidelines for their criteria based on EPA’s Deriving Numerical National Water recommended section 304(a) water Quality Criteria for the Protection of

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ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Ms. I. Procedures for Reaching a Final AGENCY Karrie-Jo Robinson-Shell, Offshore Oil Permit Decision [FRL–9094–7] and Gas Contact, at telephone (404) Pursuant to 40 CFR 124.13, any 562–9308 or at the following address: person who believes any condition of Notice of Draft National Pollutant Water Protection Division, Municipal the permit is inappropriate must raise Discharge Elimination System and Industrial NPDES Section, U.S. all reasonably ascertainable issues and (NPDES) General Permit for the EPA, Region 4, Sam Nunn Atlanta submit all reasonably available Eastern Portion of Outer Continental Federal Center, 61 Forsyth Street, SW., arguments in full, supporting their Shelf (OCS) of the Gulf of Mexico Atlanta, GA 30303–8960. position, by the close of the comment (GEG460000); Availability of period. All comments on the draft SUPPLEMENTARY INFORMATION: As Preliminary Finding of No Significant NPDES general permit, the preliminary proposed, this draft NPDES general Impact (FNSI) and Environmental FNSI and the EA received within the 30- Assessment permit includes, best conventional day comment period will be considered pollutant control technology (BCT), and in the formulation of final AGENCY: Environmental Protection best available technology economically determination regarding the National Agency (EPA). achievable (BAT) limitations for existing Environmental Pollution Act (NEPA) ACTION: Notice of Proposed Reissuance sources and new source performance review and the permit reissuance. After of NPDES General Permit, Notice to standards (NSPS) limitations for new consideration of all written comments States of Mississippi, Alabama and sources as promulgated in the effluent and the requirements and policies in the Florida for Consistency Review with guidelines for the offshore subcategory CWA and appropriate regulations, the approved Coastal Management at 58 FR 12454 and amended at 66 FR EPA Regional Administrator will make Programs. 6850 (March 4, 1993 and January 22, a determination regarding the EA/FNSI 2001, respectively). The draft permit and permit reissuance. If the SUMMARY: The Regional Administrator also includes the following changes to determination results in a permit that is of EPA Region 4 (the ‘‘Region’’) is today substantially unchanged from the draft proposing to reissue the National the expiring permit: (1) Requirements permit announced by this notice, the Pollutant Discharge Elimination System were included to permittees to comply Regional Administrator will so notify all (NPDES) general permit for the Outer with cooling water intake structure persons submitting written comments. If Continental Shelf (OCS) of the Gulf of regulations per 40 CFR Part 125-subpart the determination results in a permit Mexico (General Permit No. N (Requirements Applicable to Cooling that is substantially changed, the GMG460000) for discharges in the Water Intake Structures for New Regional Administrator will issue a Offshore Subcategory of the Oil and Gas Offshore Oil and Gas Extraction public notice indicating the revised Extraction Point Source Category (40 Facilities Under Section 316(b) of the determination. Code of Federal Regulations (CFR) Part Clean Water Act); (2) Best Management A formal hearing is available to 435, subpart A). The existing permit, Practices (BMP) Plan requirements were challenge any NPDES permit issued issued by EPA Region 4 and published changed to incorporate measures to according to the regulations at 40 CFR at 69 FR 76740 on December 22, 2004, address discharges of debris from 124.15, except for a general permit as authorizes discharges from exploration, blasting and painting activities; (3) cited at 40 CFR 124.71. Persons affected development, and production facilities Modified ISO Test Method 11734, by a general permit may not challenge located in and discharging, to all Protocol For The Determination of the conditions of a general permit as a Federal waters of the eastern portion of Degradation of Non-Aqueous Base right in further Agency proceedings. the Gulf of Mexico seaward of the outer Fluids in a Marine Closed Bottle They may instead either challenge the boundary of the territorial seas. Today’s Biodegradation Test System, was general permit in court, or apply for an draft NPDES permit covers existing and included in order to clarify testing individual permit as specified at 40 CFR new source facilities with operations procedures; (4) rounding procedures 122.21 as authorized at 40 CFR 122.28, located on Federal leases occurring in were included to clarify reporting and then request a formal hearing on the water depths seaward of 200 meters, requirements for ratio values used to issuance or denial of an individual occurring offshore the coasts of Alabama report compliance with the sediment permit. Additional information and Florida. The western boundary of toxicity and biodegradation tests; and regarding these procedures is available the coverage area is demarcated by (5) the requirement to perform a Seabed by contacting Mr. Paul Schwartz, Mobile and Visoca Knoll lease blocks Associate Regional Counsel Office of located seaward of the outer boundary Survey was deleted since the industry Environmental Accountability, at (404) of the territorial seas from the coasts of completed this study during the term of 562–9576. Mississippi and Alabama. Individual the existing permit. Other minor permits will be issued for operating changes in wording were made to clarify II. Procedures for Obtaining General facilities on lease blocks traversed by EPA’s intent regarding the permit’s Permit Coverage requirements. and shoreward of the 200 meter water Notice of Intent requirements for depth. Under 40 CFR Part 6, EPA Region 4 obtaining coverage for operating DATES: Comments on this proposed is also making available a Preliminary facilities are stated in Part I Section A.4 action must be received by January 29, Finding of No Significant Impact (FNSI) of the general permit. Coverage under 2010. and an Environmental Assessment (EA) the reissued general permit is effective ADDRESSES: Comments should be sent for review during the 30 day public upon receipt of notification of coverage the Water Protection Division, U.S. comment period for this general permit. with an assignment of an NPDES EPA- Region 4, Municipal and The EA addresses potential impacts general permit number from the EPA- Industrial NPDES Section, Sam Nunn from proposed changes to the general Region 4, Director of the Water Atlanta Federal Center, 61 Forsyth permit and it considers recent technical Protection Division. EPA will act on the Street, SW., Atlanta, GA 30303–8960, studies. Notice of Intent (NOI) within a Attention: Ms. Karrie-Jo Robinson-Shell. reasonable period of time.

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III. Exclusion of Non-Operational Street, SW., Atlanta, GA 30303–8960, IX. Regulatory Flexibility Act Leases Attention: Ms. Karrie-Jo Robinson-Shell. The Regulatory Flexibility Act (RFA) This permit does not apply to non- VI. Public Comment Period and Public generally requires an agency to prepare operational leases, i.e., those on which Hearings a regulatory flexibility analysis of any no discharge has taken place in the two The public comment period for the rule subject to notice and comment rule (2) years prior to the effective date of the draft NPDES permit, preliminary FNSI making requirements under the reissued general permit. EPA will not and EA will begin on the date of Administrative Procedures Act (APA) or accept NOIs for such leases, and the publication of this notice and end 30 any other statute, unless the agency general permit will not cover such calendar days later. certifies that the rule will not have a leases. Non-operational leases will lose significant economic impact on a coverage under the previous general VII. Administrative Record substantial number of small entities. permit on the effective date of the The draft NPDES general permit, Small entities include small businesses, reissued general permit. No subsequent permit fact sheet, Preliminary FNSI, EA small organizations, and small exploration, development or production and other relevant documents are on file governmental jurisdictions. activities may take place on these leases and may be inspected any time between Issuance of an NPDES general permit until and unless the lessee has obtained 8:15 a.m. and 4:30 p.m., Monday is not subject to rule making coverage under the new general permit through Friday at the address shown requirements, including the requirement or an individual permit. EPA will not below. Copies of the draft NPDES for a general notice of proposed rule accept an NOI or individual permit general permit, permit fact sheet, making, under APA Section 533 or any application for non-operational or new Preliminary FNSI, EA and other relevant other law, and is thus not subject to the acquired leases until such time as an documents may be obtained by writing RFA requirements. Exploration Plan Document or the the U.S. EPA–Region 4, Water The APA defines two broad, mutually Development Operations Coordination Protection Division, Municipal and exclusive categories of agency action— Document has been prepared and Industrial NPDES Section, Sam Nunn ‘‘rules’’ and ‘‘orders.’’ APA Section submitted to Minerals Management Atlanta Federal Center, 61 Forsyth 551(4) defines rule as ‘‘an agency Service. Street, SW., Atlanta, Georgia 30303– statement of general or particular 8960, Attention: Ms. Karrie-Jo Robinson- applicability and future effect designed IV. State Water Quality Certification Shell, or by calling (404) 562–9308. A to implement, interpret or prescribe law Because State waters are not included hard copy of the Preliminary FNSI and or policy or describing the organization, in the area covered by the OCS general EA may be obtained by calling Traci procedure, or practice or requirements permit, its effluent limitations and Buskey at (404) 562–8284. Alternatively, of an agency . . .’’ APA Section 551(6) monitoring requirements are not subject copies of the draft NPDES general defines orders as ‘‘a final disposition to State water quality certification under permit, permit fact sheet, Preliminary . . . of an agency in a matter other than CWA Section 401. However, the States FNSI and EA may be downloaded at rule making but including licensing.’’ of Alabama, Florida and Mississippi http://www.epa.gov/region4/water/ APA Section 551(8) defines ‘‘license’’ to have been provided a copy of this draft permits. ‘‘include . . . an agency permit . . .’’ general permit, Preliminary FNSI and The APA thus categorizes a permit as an EA to review and submit comments. VIII. Executive Order 12866 order, which by the APA’s definition is Copies of these documents have also Under Executive Order 12866 (58 FR not a rule. Section 553 of the APA been provided to EPA Headquarters for 51735 (October 4, 1993)) the Agency establishes ‘‘rule making’’ requirements. their review. must determine whether the regulatory APA Section 551(5) defines ‘‘rule action is ‘‘significant’’ and therefore making’’ as ‘‘the agency process for V. State Consistency Determination subject to Office of Management and formulating, amending, or repealing a This Notice will also serve as Region Budget (OMB) review and the rule.’’ By its terms, Section 553 applies 4’s requirement under the Coastal Zone requirements of the Executive Order. only to rules and not to orders, Management Act (CZMA) to provide all The Order defines ‘‘significant exempting by definition permits. necessary information for the States of regulatory action’’ as one that is likely Mississippi, Alabama and Florida to to result in a rule that may: (1) Have an X. Unfunded Mandates Reform Act review this action for consistency with annual effect on the economy of $100 Title II of the Unfunded Mandates their approved Coastal Management million or more or adversely affect in a Reform Act of 1995 (UMRA), Public Programs. A copy of the consistency material way the economy, a sector of Law 104–4, establishes requirements for determination on the proposed activities the economy, productivity, competition, Federal agencies to assess the effects of is being sent to each affected State, jobs, the environment, public health, or their ‘‘regulatory actions’’ to refer to along with a letter of this FR notice, safety, or State, local, or Tribal regulations. (See, e.g., UMRA Section which provides the EPA Web site where governments or communities; (2) create 401, ‘‘Each agency shall . . . assess the electronic copies can be obtained of the a serious inconsistency or otherwise effects of Federal regulatory actions . . . draft NPDES general permit, permit fact interfere with an action taken or (other than to the extent that such sheet, preliminary Ocean Discharge planned by another agency; (3) regulations incorporate requirements Criteria Evaluation, a Preliminary FNSI, materially alter the budgetary impact of specifically set forth in law).’’) UMRA and EA. Other relevant information for entitlements, grants, user fees, or loan Section 102 defines ‘‘regulation’’ by their review is available upon request programs or the rights and obligations of reference to 2 U.S.C. 658 which in turn from each State. Comments regarding recipients thereof; or (4) raise novel defines ‘‘regulation’’ and ‘‘rule’’ by State Consistency are invited in writing legal or policy issues arising out of legal reference to Section 601(2) of the RFA. within 30 days of this notice to the mandates, the President’s priorities, or That section of the RFA defines ‘‘rule’’ Water Protection Division, U.S. EPA- the principles set forth in the Executive as ‘‘any rule for which the agency Region 4, Municipal and Industrial Order. OMB has exempted review of publishes a notice of proposed rule NPDES Permits Section, Sam Nunn NPDES general permits under the terms making pursuant to Section 553(b) of Atlanta Federal Center, 61 Forsyth of Executive Order 12866. the APA, or any other law.’’

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As discussed in the RFA section of DATES: Unless a request is withdrawn by you submit. If EPA cannot read your this notice, NPDES general permits are June 28, 2010, orders will be issued comment due to technical difficulties not ‘‘rules’’ by definition under the APA canceling these registrations. The and cannot contact you for clarification, and thus not subject to the APA Agency will consider withdrawal EPA may not be able to consider your requirement to publish a notice of requests postmarked no later than June comment. Electronic files should avoid proposed rule making. NPDES general 28, 2010. Comments must be received the use of special characters, any form permits are also not subject to such a on or before June 28, 2010 for these of encryption, and be free of any defects requirement under the CWA. While EPA registrations. or viruses. publishes a notice to solicit public Docket: All documents in the docket ADDRESSES: Submit your comments and are listed in the docket index available comment on draft general permits, it your withdrawal request, identified by does so pursuant to the CWA Section at http://www.regulations.gov. Although docket identification (ID) number EPA– 402(a) requirement to provide an listed in the index, some information is HQ–OPP–2009–0901, by one of the opportunity for a hearing. Therefore, not publicly available, e.g., CBI or other following methods: NPDES general permits are not ‘‘rules’’ • Federal eRulemaking Portal: http:// information whose disclosure is for RFA or UMRA purposes. www.regulations.gov. Follow the on-line restricted by statute. Certain other material, such as copyrighted material, XI. Paperwork Reduction Act instructions for submitting comments. • is not placed on the Internet and will be The information collection required Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), publicly available only in hard copy by this permit has been approved by form. Publicly available docket OMB under the provisions of the Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, materials are available either in the Paperwork Reduction Act, 44 U.S.C. electronic docket at http:// 3501 et seq., in submission made for the DC 20460–0001. Written Withdrawal Request, Attention : Barbara Briscoe, www.regulations.gov, or, if only NPDES permit program and assigned available in hard copy, at the OPP OMB control numbers 2040–0086 Pesticide Re-evaluation Division (7508P). Regulatory Public Docket in Rm. S– (NPDES permit application) and 2040– • 4400, One Potomac Yard (South Bldg.), 0004 [(NPDES Discharge Monitoring Delivery: OPP Regulatory Public Docket (7502P), Environmental 2777 S. Crystal Dr., Arlington, VA. The Reports (DMRs)]. hours of operation of this Docket Since this permit is very similar in Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Facility are from 8:30 a.m. to 4 p.m., reporting and application requirements Monday through Friday, excluding legal and in discharges which are required to Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket holidays. The Docket Facility telephone be monitored as the previous Eastern number is (703) 305–5805. Gulf of Mexico OCS general permit Facility’s normal hours of operation FOR FURTHER INFORMATION CONTACT: (GMG460000) the paperwork burdens (8:30 a.m. to 4 p.m., Monday through are expected to be nearly identical. Friday, excluding legal holidays). Barbara Briscoe, Pesticide Re-evaluation When it issued the previous OCS Special arrangements should be made Division (7508P), Office of Pesticide general permit, EPA estimated it would for deliveries of boxed information. The Programs, Environmental Protection take an affected facility three hours to Docket Facility telephone number is Agency, 1200 Pennsylvania Ave., NW., prepare the request for coverage and 38 (703) 305–5805. Washington, DC 20460–0001; telephone hours per year to prepare DMRs. It is Instructions: Direct your comments to number: (703) 308–8177; e-mail address: estimated that the time required to docket ID number EPA–HQ–OPP–2009– [email protected]. prepare the request for coverage and 0901. EPA’s policy is that all comments SUPPLEMENTARY INFORMATION: DMRs for the reissued permit will be received will be included in the docket I. General Information approximately the same. without change and may be made A. Does This Action Apply to Me? Dated: December 11, 2009. available on-line at http:// www.regulations.gov, including any James D. Giattina, This action is directed to the public personal information provided, unless Director, Water Protection Division. in general. Although this action may be the comment includes information of particular interest to persons who [FR Doc. E9–30852 Filed 12–29–09; 8:45 am] claimed to be Confidential Business produce or use pesticides, the Agency BILLING CODE 6560–50–P Information (CBI) or other information has not attempted to describe all the whose disclosure is restricted by statute. specific entities that may be affected by Do not submit information that you ENVIRONMENTAL PROTECTION this action. If you have any questions consider to be CBI or otherwise AGENCY regarding the information in this notice, protected through regulations.gov or e- consult the person listed under FOR [EPA–HQ–OPP–2009–0901; FRL–8804–6] mail. The regulations.gov website is an FURTHER INFORMATION CONTACT. ‘‘anonymous access’’ system, which Notice of Receipt of Requests to means EPA will not know your identity B. What Should I Consider as I Prepare Voluntarily Cancel Certain Pesticide or contact information unless you My Comments for EPA? Registrations provide it in the body of your comment. 1. Submitting CBI. Do not submit this AGENCY: Environmental Protection If you send an e-mail comment directly information to EPA through Agency (EPA). to EPA without going through regulations.gov or e-mail. Clearly mark ACTION: Notice. regulations.gov, your e-mail address the part or all of the information that will be automatically captured and you claim to be CBI. For CBI SUMMARY: In accordance with section included as part of the comment that is information in a disk or CD–ROM that 6(f)(1) of the Federal Insecticide, placed in the docket and made available you mail to EPA, mark the outside of the Fungicide, and Rodenticide Act on the Internet. If you submit an disk or CD–ROM as CBI and then (FIFRA), as amended, EPA is issuing a electronic comment, EPA recommends identify electronically within the disk or notice of receipt of requests by that you include your name and other CD–ROM the specific information that registrants to voluntarily cancel certain contact information in the body of your is claimed as CBI. In addition to one pesticide registrations. comment and with any disk or CD–ROM complete version of the comment that

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includes information claimed as CBI, a TABLE 1.—REGISTRATIONS WITH TABLE 1.—REGISTRATIONS WITH copy of the comment that does not PENDING REQUESTS FOR CANCELLA- PENDING REQUESTS FOR CANCELLA- contain the information claimed as CBI TION—Continued TION—Continued must be submitted for inclusion in the public docket. Information so marked Registra- Product Name Chemical Registra- Chemical will not be disclosed except in tion No. Name tion No. Product Name Name accordance with procedures set forth in 40 CFR part 2. 002382- Knockout Flea Permethrin, 067517- Permethrin Permethrin 2. Tips for preparing your comments. 00158 & Tick Car- Piperonyl 00080 10% Oil When submitting comments, remember pet Spray butoxide, Base Con- to: #1 Pyripoxyfen centrate i. Identify the document by docket ID 002915- Industrial In- Pyrethrins, number and other identifying 00065 sect Spray MGK 264, Unless a request is withdrawn by the information (subject heading, Federal 111 Piperonyl registrant within 180 days of Register date and page number). butoxide publication of this notice, orders will be ii. Follow directions. The Agency may issued canceling all of these ask you to respond to specific questions 030573- Pyrellin E.C. Pyrethrins, registrations. Users of these pesticides or organize comments by referencing a 00002 Rotenone, or anyone else desiring the retention of Code of Federal Regulations (CFR) part Cube Res- a registration should contact the or section number. ins other than rote- applicable registrant directly during this iii. Explain why you agree or disagree; 180–day period. suggest alternatives and substitute none language for your requested changes. Table 2 of this unit includes the 042697- Safer Brand Pyrethrins, names and addresses of record for all iv. Describe any assumptions and 00034 Entire In- Potassium provide any technical information and/ sect Killer laurate registrants of the products in Table 1 of or data that you used. Concentrate this unit, in sequence by EPA company v. If you estimate potential costs or number: burdens, explain how you arrived at 067517- Insecticide Pyrethrins, your estimate in sufficient detail to 00004 Mist Piperonyl TABLE 2.—REGISTRANTS REQUESTING allow for it to be reproduced. butoxide, VOLUNTARY CANCELLATION vi. Provide specific examples to illustrate your concerns and suggest 067517- Dairy Spray Pyrethrins, 00012 Piperonyl EPA Company Company Name and Ad- alternatives. No. dress vii. Explain your views as clearly as butoxide 002382 Virbac AH, Inc. possible, avoiding the use of profanity 067517- Rose & Flow- Pyrethrins, 1445 Ross Avenue, Suite or personal threats. 00041 er Spray Piperonyl 3800 viii. Make sure to submit your butoxide comments by the comment period Dallas, TX 75202 deadline identified. 067517- Tomato & Pyrethrins, 002915 The Fuller Brush Com- 00042 Vegetable Piperonyl pany II. What Action Is the Agency Taking? Spray butoxide This notice announces receipt by the One Fuller Way Great Bend, KS 67530 Agency of applications from registrants 067517- Fly-A-Rest Aq Pyrethrins, 00043 Piperonyl to cancel 19 pesticide products 030573 Wright Webb Corp. butoxide registered under section 3 or 24(c) of P.O. Box 1572 FIFRA. These registrations are listed in Fort Myers, FL 33902 067517- Hard Hitter Permethrin sequence by registration number (or 00045 Aerosol company number and 24(c) number) in 042697 Safer, Inc. 69 North Locust St. Table 1 of this unit: 067517- Dog & Cat Pyrethrins, P.O. Box 327 00049 Spray Or Piperonyl Lititz, PA 17543 TABLE 1.—REGISTRATIONS WITH Dip butoxide PENDING REQUESTS FOR CANCELLA- 067517 PM Resources, Inc. 067517- Flea And Tick Pyrethrins, TION P.O. Box 162059 00051 Spray Permethrin Fort Worth, TX 76161 Registra- Chemical tion No. Product Name Name 067517- Flea And In- Pyrethrins, 00056 sect Carpet Piperonyl III. What Is the Agency’s Authority for 002382- Otomite-Pes- Piperonyl Dust butoxide Taking This Action? 00054 ticidal Butoxide, Pyrethrins 067517- Cat And Dog Pyrethrins, Section 6(f)(1) of FIFRA provides that 00057 Pyrethrin Piperonyl a registrant of a pesticide product may 002382- Pet-Guard Piperonyl Powder butoxide at any time request that any of its 00092 Gel Forte Butoxide, pesticide registrations be canceled. 067517- Permethrin Permethrin Butoxypoly- FIFRA further provides that before propylene 00061 10% W.B. glycol Multi-Pur- acting on the request, EPA must publish pose Con- a notice of receipt of any such request 002382- Duocide L.A. Permethrin, centrate in the Federal Register. Thereafter, the 00126 MGK 264, Administrator may approve such a Pyrethrins request.

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IV. Procedures for Withdrawal of Dated: December 16, 2009. (617) 918–1764, or Katie Connors, Request Richard P. Keigwin, Jr., Environmental Engineer, (617) 918– Director, Pesticide Re-evaluation Division, 1658, Municipal Assistance Unit (CMU), Registrants who choose to withdraw a Office of Pesticide Programs. Office of Ecosystem Protection (OEP), request for cancellation must submit [FR Doc. E9–31002 Filed 12–29–09; 8:45 am] U.S. EPA, 5 Post Office Square, Suite such withdrawal in writing to the BILLING CODE 6560–50–S 100, Boston, MA 02109–3912. person listed under FOR FURTHER SUPPLEMENTARY INFORMATION: In INFORMATION CONTACT, postmarked on or accordance with ARRA Section 1605(c), before June 28, 2010. This written ENVIRONMENTAL PROTECTION the EPA hereby provides notice that it withdrawal of the request for AGENCY is granting a project waiver of the cancellation will apply only to the [FRL–9097–9] requirements of Section 1605(b)(2) of applicable FIFRA section 6(f)(1) request Public Law 111–5, Buy American listed in this notice. If the products have Notice of a Regional Project Waiver of requirements, to the MWRA for the been subject to a previous cancellation Section 1605 (Buy American) of the purchase of a non-domestic action, the effective date of cancellation American Recovery and Reinvestment manufactured hydroelectric generator to and all other provisions of any earlier Act of 2009 (ARRA) to the meet the MWRA’s design and cancellation action are controlling. The Massachusetts Water Resources performance specifications as part of its withdrawal request must also include a Authority (MWRA) proposed Loring Road Hydroelectric commitment to pay any reregistration Project in Weston, MA. fees due, and to fulfill any applicable AGENCY: Environmental Protection Section 1605 of the ARRA requires unsatisfied data requirements. Agency (EPA). that none of the appropriated funds may ACTION: Notice. be used for the construction, alteration, V. Provisions for Disposition of Existing maintenance, or repair of a public SUMMARY: The EPA is hereby granting a Stocks building or a public works project waiver of the Buy America requirements unless all of the iron, steel, and Existing stocks are those stocks of of ARRA Section 1605 under the manufactured goods used in the project registered pesticide products which are authority of Section 1605(b)(2) is produced in the United States, or currently in the United States and [manufactured goods are not produced unless a waiver is provided to the which were packaged, labeled, and in the United States in sufficient and recipient by the head of the appropriate released for shipment prior to the reasonably available quantities and of a agency, here the EPA. A waiver may be effective date of the cancellation action. satisfactory quality] to the provided if EPA determines that (1) Massachusetts Water Resources EPA’s existing stocks policy (56 FR applying these requirements would be Authority (‘‘MWRA’’) for the purchase 29362) provides that: ‘‘If a registrant inconsistent with the public interest; (2) of a foreign manufactured hydroelectric requests to voluntarily cancel a iron, steel, and the relevant generator for the Loring Road registration where the Agency has manufactured goods are not produced in Hydroelectric Project in Weston, identified no particular risk concerns, the United States in sufficient and Massachusetts. This is a project specific the registrant has complied with all reasonably available quantities and of a waiver and only applies to the use of the applicable conditions of reregistration, satisfactory quality; or (3) inclusion of specified product for the ARRA project conditional registration, and data call iron, steel, and the relevant being proposed. Any other ARRA ins, and the registration is not subject to manufactured goods produced in the recipient that wishes to use the same a Registration Standard, Label United States will increase the cost of product must apply for a separate Improvement Program, or reregistration the overall project by more than 25 waiver based on project specific decision, the Agency will generally percent. circumstances. Based upon information permit a registrant to sell or distribute The MWRA is proposing a renewable submitted by the MWRA and its existing stocks for 1 year after the energy project consisting of a hydraulic consulting engineer, it has been cancellation request was received. turbine, a hydroelectric generator, determined that there are currently no Persons other than registrants will associated piping, and controls to be domestic manufactured hydroelectric located in an existing valve chamber generally be allowed to sell, distribute, generators available to meet its within the MWRA’s drinking water or use existing stocks until such stocks proposed project and performance transmission system at Loring Road in are exhausted.’’ specifications. The Regional Weston, MA. Currently, the MWRA is Upon cancellation of the pesticides Administrator is making this reducing water pressure in a section of identified in Table 1, EPA anticipates determination based on the review and the water transmission system to allowing sale, distribution and use as recommendations of the Municipal properly serve certain areas of low described above. Exception to this Assistance Unit. The Assistant elevation within the City of Boston. general policy will be made in specific Administrator of the Office of Pressure is dissipated across valves cases when more stringent restrictions Administration and Resources located in the chamber on a continuous Management has concurred on this on sale, distribution, or use of the process. Instead of losing this potential decision to make an exception to products or their ingredients have energy, the MWRA plans to install a Section 1605 of ARRA. This action already been imposed, as in a special hydraulic turbine and hydroelectric permits the purchase of a foreign review action, or where the Agency has generator to recover 1,200,000 kilowatt manufactured hydroelectric generator identified significant potential risk hours (kWh) of electricity annually, an by the MWRA, as specified in its concerns associated with a particular amount that will meet MWRA’s on-site October 23, 2009 request. chemical. electrical needs and allow excess DATES: Effective Date: December 16, List of Subjects recovered energy to be delivered to the 2009. regional electric grid. Environmental protection, Pesticides FOR FURTHER INFORMATION CONTACT: The proposed project has been and pests. David Chin, Environmental Engineer, reviewed by the Federal Energy

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Regulatory Commission and has been correspondence with generator and that the domestic manufactured granted a Small Conduit Exemption manufacturers and visits to their good that is currently available does not from Licensing. The MWRA is receiving websites. An independent review of the meet the design specifications for the Massachusetts State Drinking Water submitted documentation by EPA’s proposed project. The information Revolving funds, as well as a national contractor confirmed this provided is sufficient to meet the construction grant from the evidence. following criteria listed under Section Massachusetts Technology The supporting documentation (i.e. 1605(b) of the ARRA and in the April Collaborative. Design plans and results of research and communications 28, 2009 Memorandum: Iron, steel, and specifications have been completed and with manufacturers of hydroelectric the manufactured goods are not include the ARRA’s Buy American turbine generators) and independent produced in the United States in terms. The estimated total cost of the research and communication with sufficient and reasonably available proposed construction project is $1.8M. selected manufacturers of hydroelectric quantities and of a satisfactory quality. The MWRA is requesting a waiver for turbine generator technology conducted The March 31, 2009 Delegation of a foreign manufactured hydroelectric by EPA’s national contractor Authority Memorandum provided generator to generate electrical power demonstrate that U.S. manufacturers do Regional Administrators with the from the available hydraulic potential not currently produce hydroelectric temporary authority to issue exceptions energy in the MWRA’s drinking water turbine generators capable of generating to Section 1605 of the ARRA within the transmission system. It is estimated that the requisite power output and having geographic boundaries of their the hydroelectric generator will account the physical dimensions required for respective regions and with respect to for approximately 15% of the entire installation in the utility’s existing requests by individual grant recipients. project construction cost of $1.8M. The pressure reducing station valve vault/ Having established both a proper MWRA has researched foreign and chamber located at the Loring Road basis to specify the particular good domestic manufacturers of hydroelectric facility in Weston, MA. In addition, the required for this project and that this generators and has determined that evaluation of the supporting manufactured good was not available domestic manufacturers are not able to documentation also demonstrates that from a producer in the United States, manufacture a hydroelectric turbine foreign manufactured hydroelectric the MWRA is hereby granted a waiver generator that meets the capacity generators are available and will be able from the Buy American requirements of requirements as specified for the to meet the proposed project design and Section 1605(a) of Public Law 111–5. proposed project. The waiver request specifications. This waiver permits use of ARRA funds has been submitted prior to the Furthermore, the purpose of the for the purchase of a non-domestic MWRA’s bid solicitation. Any bid ARRA is to stimulate economic recovery manufactured hydroelectric generator proposals are not expected to include by funding current infrastructure documented in MWRA’s waiver request any domestic manufacturers based on construction, not to delay or curtail submittal dated October 23, 2009. This the research conducted and entirely projects that are ‘‘shovel ready’’ supplementary information constitutes documentation provided by the MWRA. by requiring potential SRF eligible the detailed written justification The project specifications and other recipients, such as the MWRA, to revise required by Section 1605(c) for waivers supporting documentation state that the their design standards and based on a finding under subsection (b). hydroelectric generator must produce specifications. The imposition of ARRA 200 kilowatts, 250 kVA of 3 phase Buy American requirements in this case Authority: Public Law 111–5, section electrical energy at 60 Hz from an would not be workable within the 1605. available head at the turbine inlet of 70 absolute constraints and dimensions of Dated: December 16, 2009. to 75 feet and an average daily flow of the project within the existing facility. H. Curtis Spalding, 20 million gallons of water per day. The To curtail entirely this construction Regional Administrator, EPA Region 1—New project design and specifications require would directly conflict with a England. that the hydraulic turbine and fundamental economic purpose of [FR Doc. E9–31048 Filed 12–29–09; 8:45 am] hydroelectric generator be installed ARRA, which is to create or retain jobs. BILLING CODE 6560–50–P within the confines of the facility’s The April 28, 2009 EPA HQ existing pressure reducing valve station Memorandum, ‘‘Implementation of Buy vault/chamber. American provisions of Public Law ENVIRONMENTAL PROTECTION An evaluation of all of the submitted 111–5, the ‘American Recovery and AGENCY documentation by EPA’s technical Reinvestment Act of 2009’ ’’ review team supports and confirms the (‘‘Memorandum’’), defines reasonably [FRL–9098–1] MWRA’s claim that there are currently available quantity as ‘‘the quantity of Notice of a Regional Project Waiver of no domestic manufacturers that can iron, steel, or relevant manufactured Section 1605 (Buy American) of the provide a suitable hydroelectric good is available or will be available at American Recovery and Reinvestment generator to meet project specifications. the time needed and place needed, and Act of 2009 (ARRA) to the North The consulting engineer for the MWRA in the proper form or specification as Conway, NH Water Precinct identified four domestic manufacturers specified in the project plans and in the United States. None of the four design.’’ The same Memorandum AGENCY: Environmental Protection companies manufacture generators defines ‘‘satisfactory quality’’ as ‘‘the Agency (EPA). smaller than 500 kilowatts in size, with quality of steel, iron or manufactured ACTION: Notice. the project specifications requiring 200 good specified in the project plans and kilowatts in size. The supporting designs.’’ SUMMARY: The EPA is hereby granting a information for this proposed project The Municipal Assistance Unit (CMU) waiver of the Buy America requirements also includes contacts with hydro has reviewed this waiver request and of ARRA Section 1605 under the turbine manufacturers who work with has determined that the supporting authority of Section 1605(b)(2) generator manufacturers, internet documentation provided by the MWRA [manufactured goods are not produced research conducted at sales websites, establishes both a proper basis to in the United States in sufficient and telephone calls, and e-mail specify a particular manufactured good, reasonably available quantities and of a

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satisfactory quality] to the North unless all of the iron, steel, and specified in the project plans and Conway, New Hampshire Water manufactured goods used in the project design.’’ The same Memorandum Precinct (NCWP) for the purchase of two is produced in the United States, or defines ‘‘satisfactory quality’’ as ‘‘the SB615 Series Boilers manufactured by unless a waiver is provided to the quality of steel, iron or manufactured Bosch Thermotechnology of Germany. recipient by the head of the appropriate good specified in the project plans and This is a project specific waiver and agency, here the EPA. A waiver may be designs.’’ only applies to the use of the specified provided if EPA determines that (1) Based on our review, it has been product for the ARRA project being applying these requirements would be determined that the supporting proposed. Any other ARRA recipient inconsistent with the public interest; (2) documentation provided by the NCWP that wishes to use the same product iron, steel, and the relevant establishes both a proper basis to must apply for a separate waiver based manufactured goods are not produced in specify a particular manufactured good, on project specific circumstances. Based the United States in sufficient and and that no domestic manufactured upon information submitted by the reasonably available quantities and of a good is currently available to meet the NCWP and its consulting engineer, it satisfactory quality; or (3) inclusion of design and performance specifications has been determined that there are iron, steel, and the relevant for the proposed project. An evaluation currently no domestic manufacturers manufactured goods produced in the of all of the submitted documentation available to meet its proposed project United States will increase the cost of by EPA’s technical review team design and performance specifications. the overall project by more than 25 confirms the NCWP’s claim that there The Regional Administrator is making percent. are currently no domestic manufacturers this determination based on the review The NCWP is proposing a two phase of commercial grade condensing oil and recommendations of the Municipal Alternative Energy project. Phase I fired boilers with rated combustion and Assistance Unit. The Assistant involves the installation of solar panels thermal efficiencies greater than 90%. Administrator of the Office of that will augment the power supplied to The foreign manufactured boiler that Administration and Resources the wastewater treatment plant and has been identified has a rated Management has concurred on this decrease the draw on the electrical grid. combustion efficiency of 95.2% and a decision to make an exception to Phase II is a $1M construction project thermal efficiency of 92.6%. The Section 1605 of ARRA. This action that will include the installation of information provided is sufficient to permits the purchase of two foreign geothermal wells that will supply meet the criteria necessary for a waiver manufactured high efficiency boilers by groundwater to the facility’s HVAC of the Buy American provision listed the NCWP, as documented in its system. The constant temperature water under Section 1605(b)(2) of the ARRA November 4, 2009 request. will reduce the energy needed to heat and in the ‘‘American Recovery and DATES: Effective Date: December 16, and cool the various buildings of the Reinvestment Act of 2009’’ April 28, 2009. entire wastewater treatment facility. In 2009 Memorandum: Iron, Steel, and order to maximize the energy manufactured goods are not produced in FOR FURTHER INFORMATION CONTACT: conserving potential, the NCWP has the United States in sufficient and David Chin, Environmental Engineer, determined that it will also install new reasonably available quantities and of a (617) 918–1764, or Katie Connors, high efficiency boilers as part of the satisfactory quality. Environmental Engineer, (617) 918– Phase II project. The existing boilers at Furthermore, the purpose of the 1658, Municipal Assistance Unit (CMU), the wastewater treatment facility are 14 ARRA is to stimulate economic recovery Office of Ecosystem Protection (OEP), years old, one of which is cracked, and by funding current infrastructure U.S. EPA, 5 Post Office Square, Suite several boiler plate sections need to be construction, not to delay projects that 100, Boston, MA 02109–3912. replaced. These boilers have an are ‘‘shovel ready’’ by requiring SUPPLEMENTARY INFORMATION: In estimated rated 84.8% combustion potential SRF eligible recipients, such accordance with ARRA Section 1605(c), efficiency and 83.6% thermal efficiency. as the NCWP, to revise their design the EPA hereby provides notice that it The NCWP is proposing to replace these standards and specifications. The is granting a project waiver of the existing boilers and achieve a minimum imposition of ARRA Buy American requirements of Section 1605(b)(2) of 5% increase in efficiency given that the requirements in this case would result Public Law 111–5, Buy American technology currently exists to provide in unreasonable delay for this project. requirements, to the North Conway, NH this energy savings. To delay this construction would Water Precinct (NCWP) for the purchase The design specifications for the directly conflict with a fundamental of two SB615 Series Boilers proposed project require the following: economic purpose of ARRA, which is to manufactured by Bosch A condensing oil fired boiler; rated create or retain jobs. Thermotechnology of Germany. The combustion and thermal efficiencies The March 31, 2009 Delegation of boiler is manufactured under the brand exceeding 90%; performance of the Authority Memorandum provided name of Buderus, whose headquarters boiler certified by the Air Conditioning, Regional Administrators with the in the United States is located in Heating, and Refrigeration Institute; and temporary authority to issue exceptions Londonderry, NH. By incorporating capacity in the range of 1.6 to 2.0 to Section 1605 of the ARRA within the high efficiency boilers into the design of million BTU/hour. geographic boundaries of their the facility’s proposed alternative The April 28, 2009 EPA HQ respective regions and with respect to energy project, it is estimated that 2,750 Memorandum, ‘‘Implementation of Buy requests by individual grant recipients. gallons of oil will be saved per year to American provisions of Public Law Having established both a proper heat the various buildings at the 111–5, the ‘American Recovery and basis to specify the particular good wastewater treatment facility. The Reinvestment Act of 2009’ ’’ required for this project and that this estimated cost for each boiler is $35,000. (‘‘Memorandum’’), defines reasonably manufactured good was not available Section 1605 of the ARRA requires available quantity as ‘‘the quantity of from a producer in the United States, that none of the appropriated funds may iron, steel, or relevant manufactured the NCWP is hereby granted a waiver be used for the construction, alteration, good is available or will be available at from the Buy American requirements of maintenance, or repair of a public the time needed and place needed, and Section 1605(a) of Public Law 111–5. building or a public works project in the proper form or specification as This waiver permits use of ARRA funds

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for the purchase of two foreign Paperwork Reduction Act (PRA) that may be used to charge telephone manufactured high efficiency boilers as does not display a valid control number. subscribers for information services. noted in the NCWP’s waiver request DATES: Persons wishing to comments on Common carriers may not charge a submittal dated November 4, 2009. This this information collection should calling party for information conveyed supplementary information constitutes submit comments by March 1, 2010. If on a toll–free number call, unless the the detailed written justification you anticipate that you will be calling party: (1) has executed a written required by Section 1605(c) for waivers submitting comments, but find it agreement that specifies the material based on a finding under subsection (b). difficult to do so within the period of terms and conditions under which the Authority: Public Law 111–5, section time allowed by this notice, you should information is provided, or (2) pays for 1605. advise the contact listed below as soon the information by means of a prepaid as possible. account, credit, debit, charge, or calling Dated: December 16, 2009. card and the information service ADDRESSES: Direct all PRA comments to H. Curtis Spalding, provider gives the calling party an Regional Administrator, EPA Region 1—New Nicholas A. Fraser, Office of Management and Budget (OMB), via fax introductory message disclosing the cost England. and other terms and conditions for the at (202) 395–5167, or via the Internet at [FR Doc. E9–31045 Filed 12–29–09; 8:45 am] service. The disclosure requirements are [email protected] and BILLING CODE 6560–50–P intended to ensure that consumers to Cathy Williams, Federal know when charges will be levied for Communications Commission (FCC), calls to toll–free numbers and are able 445 12th Street, SW, Washington, DC FEDERAL COMMUNICATIONS to obtain information necessary to make 20554. To submit your comments by e– COMMISSION. informed choices about whether to mail send them to: [email protected]. purchase toll–free information services. Notice of Public Information Collection FOR FURTHER INFORMATION CONTACT: For 47 CFR 64.1509 of the Commission Being Reviewed by the Federal additional information about the rules incorporates the requirements of Communications Commission, information collection send an e–mail to 47 U.S.C. (c)(2) and 228 (d)(2)–(3) of the Comments Requested [email protected] or contact Cathy Williams Communications Act. Common carriers on (202) 418–2918. 12/22/2009. that assign telephone numbers to pay– SUPPLEMENTARY INFORMATION: per–call services must disclose to all SUMMARY: The Federal Communications OMB Control Number: 3060–0748. interested parties, upon request, a list of Commission, as part of its continuing Title: Section 64.104, 64.1509, all assigned pay–per–call numbers. For effort to reduce paperwork burden 64.1510, Pay–Per–Call and Other each assigned number, carriers must invites the general public and other Information Services. also make available: (1) a description of Federal agencies to take this Form Number: Not Applicable. the pay–per–call services; (2) the total opportunity to comment on the Type of Review: Revision of a cost per minute or other fees associated following information collection(s), as currently approved collection. with the service; and (3) the service required by the Paperwork Reduction Respondents: Business or other for– provider’s name, business address, and Act of 1995, 44 U.S.C. 3501–3520. An profit entities. telephone number. In addition, carriers agency may not conduct or sponsor a Number of Respondents and handling pay–per–call services must collection of information unless it Responses: 5,125 respondents; 5,175 establish a toll–free number that displays a currently valid control responses. consumers may call to receive number. No person shall be subject to Estimated Time per Response: 2 to 50 information about pay–per–call any penalty for failing to comply with hours. services. Finally, the Commission a collection of information subject to the Frequency of Response: Annual and requires carriers to provide statements Paperwork Reduction Act (PRA) that on occasion reporting requirements; of pay–per–call rights and does not display a valid control number. Third party disclosure; Recordkeeping responsibilities to new telephone Comments are requested concerning (a) requirement. subscribers at the time service is whether the proposed collection of Total Annual Burden: 47,750. established and, although not required information is necessary for the proper Total Annual Cost: $0. by statute, to all subscribers annually. performance of the functions of the Obligation to Respond: Required to Under 47 CFR 64.1510 of the Commission, including whether the obtain or retain benefits. The statutory Commission’s rules, telephone bills information shall have practical utility; authority(s) for the containing charges for interstate pay– (b) the accuracy of the Commission’s information collection are found at 47 per–call and other information services burden estimate; (c) ways to enhance U.S.C. 228(c)(7) – (10); Pub. L. No. 192– must include information detailing the quality, utility, and clarity of the 556, 106 stat. 4181 (1992), codified at 47 consumers’ rights and responsibilities information collected; and (d) ways to U.S.C. 228 (The Telephone and Dispute with respect to these charges. minimize the burden of the collection of Resolution Act of 1992). Specifically, telephone bills carrying information on the respondents, Nature and Extent of Confidentiality: pay–per–call charges must include a including the use of automated An assurance of confidentiality is not consumer notification stating that: (1) collection techniques or other forms of offered because this information the charges are for non–communication information technology and (e) ways to collection does not require the services; (2) local and long distance further reduce the information burden collection of personally identifiable telephone services may not be for small business concerns with fewer information from individuals. disconnected for failure to pay per–call than 25 employees. Privacy Impact Assessment: No charges; (3) pay–per–call (900 number) The FCC may not conduct or sponsor impact(s). blocking is available upon request; and a collection of information unless it Needs and Uses: 47 CFR 64.1504 of (4) access to pay–per–call services may displays a currently valid control the Commission’s rules incorporates the be involuntarily blocked for failure to number. No person shall be subject to requirements of Sections 228(c)(7)–(10) pay per–call charges. In addition, each any penalty for failing to comply with of the Communications Act restricting call billed must show the type of a collection of information subject to the the manner in which toll–free numbers services, the amount of the charge, and

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the date, time, and duration of the call. DATES: Persons wishing to comment on the Commission’s rules, 47 CFR Section Finally, the bill must display a toll–free this information collection should 0.459. The FCC has a system of records, number which subscribers may call to submit comments on or before March 1, FCC/OGC–5, ‘‘Pending Civil Cases,’’ to obtain information about pay–per–call 2010. If you anticipate that you will be cover the collection, purpose(s), storage, services. Similar billing disclosure submitting comments, but find it safeguards, and disposal of the requirements apply to charges for difficult to do so within the period of personally identifiable information (PII) information services either billed to time allowed by this notice, you should that individuals may submit with their subscribers on a collect basis or advise the contact listed below as soon petitions for preemption that they file accessed by subscribers through a toll– as possible. with the Commission. free number. The billing disclosure ADDRESSES: Direct all PRA comments to Needs and Uses: These provisions requirements are intended to ensure that Nicholas A. Fraser, Office of supplement the procedures for filing telephone subscribers billed for pay– Management and Budget (OMB), via fax petitions seeking Commission per–call or other information services at (202) 395–5167, or via the Internet at preemption of state and local can understand the charges levied and [email protected] and government regulation of are informed of their rights and to Leslie F. Smith, Federal telecommunications services. They responsibilities with respect to payment Communications Commission, at require that such petitions, whether in of such charges. [email protected]. To submit your the form of a petition for rulemaking or a petition for declaratory ruling, be Federal Communications Commission. comments by e-mail, send them to [email protected]. Include in the e-mail the served on all state and local Marlene H. Dortch, OMB Control Number of the collection governments. The actions for which are Secretary, Office of the Secretary, Office of or, if there is no OMB control number, cited as a basis for requesting preemption. Thus, in accordance with Managing Director. the Title shown in the SUPPLEMENTARY these provisions, persons seeking [FR Doc. E9–30965 Filed 12–29–09; 8:45 am] INFORMATION section below. If you are preemption must serve their petitions BILLING CODE 6712-01-S unable to submit your comments by e- not only on the state or local mail, contact the person listed below to governments whose authority would be make alternate arrangements. preempted, but also on other state or FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: For COMMISSION local governments whose actions are additional information about the cited in the petition. information collection(s) or to obtain a Notice of Public Information copy of the collection, send an e-mail to Federal Communications Commission. Collection(s) Being Reviewed by the [email protected] and include the Marlene H. Dortch, Federal Communications Commission collection’s OMB control number as Secretary. for Extension Under Delegated shown in the SUPPLEMENTARY [FR Doc. E9–31013 Filed 12–29–09; 8:45 am] Authority, Comments Requested INFORMATION section below, or call BILLING CODE 6712–01–P December 24, 2009. Leslie F. Smith at (202) 418–0217. SUPPLEMENTARY INFORMATION: SUMMARY: The Federal Communications OMB Control Number: 3060–0951. FEDERAL COMMUNICATIONS Commission, as part of its continuing Title: Sections 1.204(b) and 1.1206(a) COMMISSION effort to reduce paperwork burden Note 1, Service of Petitions for Notice of Public Information invites the general public and other Preemption. Federal agencies to take this Collection(s) Being Reviewed by the Form Number: N/A. Federal Communications Commission opportunity to comment on the Type of Review: Extension of a following information collection(s), as for Extension Under Delegated currently approved collection. Authority, Comments Requested required by the Paperwork Reduction Respondents: Businesses or other for- Act (PRA) of 1995, 44 U.S.C. 3501–3520. profit entities; Individuals or December 22, 2009. An agency may not collect or sponsor a households; Not-for-profit institutions; SUMMARY: The Federal Communications collection of information unless it and State, local, or Tribal Government. Commission, as part of its continuing displays a currently valid OMB Control Number of Respondents: 125; 125 effort to reduce paperwork burden, Number. No person shall be subject to responses. invites the general public and other any penalty for failing to comply with Estimated Time per Response: 0.25 Federal agencies to take this a collection of information subject to the hours (15 minutes). opportunity to comment on the Paperwork Reduction Act (PRA) that Frequency of Response: Occasional following information collection(s), as does not display a valid OMB Control reporting requirements; Third party required by the Paperwork Reduction Number. Comments are requested disclosure. Act (PRA) of 1995, 44 U.S.C. 3501–3520. concerning (a) Whether the proposed Obligation to Respond: Required to An agency may not collect or sponsor a collection of information is necessary obtain or retain benefits. collection of information unless it for the proper performance of the Total Annual Burden: 35 hours. displays a currently valid OMB Control functions of the Commission, including Total Annual Costs: N/A. Number. No person shall be subject to whether the information shall have Privacy Impact Assessment: Yes. any penalty for failing to comply with practical utility; (b) the accuracy of the Nature and Extent of Confidentiality: a collection of information subject to the Commission’s burden estimate; (c) ways The Commission is not requesting that Paperwork Reduction Act (PRA) that to enhance the quality, utility, and respondents submit confidential does not display a valid OMB Control clarity of the information collected; and information to the Commission. If the Number. Comments are requested (d) ways to minimize the burden of the Commission requests respondents to concerning (a) whether the proposed collection of information on the submit information which respondents collection of information is necessary respondents, including the use of believe is confidential, respondents may for the proper performance of the automated collection techniques or request confidential treatment of such functions of the Commission, including other forms of information technology. information pursuant to section 0.459 of whether the information shall have

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practical utility; (b) the accuracy of the Privacy Act Impact Assessment: No proceedings are resolved on a written Commission’s burden estimate; (c) ways impacts. record consisting of a complaint, answer to enhance the quality, utility, and Nature and Extent of Confidentiality: or response, and joint statement of clarity of the information collected; and 47 CFR 1.731 provides for confidential stipulated facts, disputed facts and key (d) ways to minimize the burden of the treatment of materials disclosed or legal issues, along with all associated collection of information on the exchanged during the course of formal affidavits, exhibits and other respondents, including the use of complaint proceedings when those attachments. automated collection techniques or materials have been identified by the This collection of information other forms of information technology. disclosing party as proprietary or includes the process for submitting a DATES: Persons wishing to comment on confidential. In the rare case in which formal complaint. The Commission uses this information collection should a producing party believes that Section this information to determine the submit comments on or before March 1, 1.731 will not provide adequate sufficiency of complaints and to resolve 2010. If you anticipate that you will be protection for its asserted confidential the merits of disputes between the submitting comments, but find it material, it may request either that the parties. Orders issued by the difficult to do so within the period of opposing party consent to greater Commission in formal complaint time allowed by this notice, you should protection, or that the staff supervising proceedings are based upon evidence advise the contact listed below as soon the proceeding order greater protection. and argument produced by the parties Needs and Uses: Sections 206–209 of as possible. in accordance with the Formal the Communications Act of 1934, as Complaint Rules. If the information ADDRESSES: Direct all PRA comments to amended (the ‘‘Act’’), provide the were not collected, the Commission Nicholas A. Fraser, Office of statutory framework for the would not be able to resolve common Management and Budget (OMB), via fax Commission’s rules for resolving formal carrier-related complaint proceedings, at (202) 395–5167, or via the Internet at complaints against common carriers. as required by Section 208 of the Act. [email protected] and Section 208(a) authorizes complaints by Federal Communications Commission. to Leslie F. Smith, Federal any person ‘‘complaining of anything Marlene H. Dortch, Communications Commission, at done or omitted to be done by any [email protected]. To submit your common carrier’’ subject to the Secretary. comments by e-mail, send them to provisions of the Act. Section 208(a) [FR Doc. E9–31039 Filed 12–29–09; 8:45 am] [email protected]. Include in the e-mail the states that if a carrier does not satisfy a BILLING CODE 6712–01–P OMB Control Number of the collection complaint or there appears to be any or, if there is no OMB control number, reasonable ground for investigating the FEDERAL COMMUNICATIONS the Title shown in the SUPPLEMENTARY complaint, the Commission shall COMMISSION INFORMATION section below. If you are ‘‘investigate the matters complained of unable to submit your comments by in such manner and by such means as Notice of Public Information e-mail, contact the person listed below it shall deem proper.’’ Certain categories Collection(s) Being Reviewed by the to make alternate arrangements. of complaints are subject to a statutory Federal Communications Commission, FOR FURTHER INFORMATION CONTACT: For deadline for resolution. See, e.g., 47 Comments Requested additional information about the U.S.C. 208(b)(1) (imposing a five-month information collection(s) or to obtain a deadline for complaints challenging the December 23, 2009. copy of the collection, send an e-mail to ‘‘lawfulness of a charge, classification, SUMMARY: As part of its continuing effort [email protected] and include the regulation, or practice’’); 47 U.S.C. to reduce paperwork burden and as collection’s OMB control number as 271(d)(6) (imposing a 90-day deadline required by the Paperwork Reduction shown in the SUPPLEMENTARY for complaints alleging that a Bell Act (PRA) of 1995 (44 U.S.C. 3501– INFORMATION section below, or call operating company (BOC) has ceased to 3520), the Federal Communications Leslie F. Smith at (202) 418–0217. meet conditions imposed in connection Commission invites the general public SUPPLEMENTARY INFORMATION: with approval to provide in-region and other Federal agencies to take this OMB Control No.: 3060–0411. interLATA services). opportunity to comment on the Title: Procedures for Formal Formal complaint proceedings before following information collection(s). Complaints Filed Against Common the Commission are similar to civil Comments are requested concerning: (a) Carriers. litigation in federal district court. In Whether the proposed collection of Form Number: FCC 485. fact, under section 207 of the Act, a information is necessary for the proper Type of Review: Extension of party claiming to be damaged by a performance of the functions of the currently approved collection. common carrier, may file its complaint Commission, including whether the Respondents: Businesses or other for- with the Commission or in any district information shall have practical utility; profit, Not-for-profit institutions, court of the United States, ‘‘but such (b) the accuracy of the Commission’s Federal Government, and State, Local or person shall not have the right to pursue burden estimate; (c) ways to enhance Tribal Government. both such remedies’’ (47 U.S.C. 207). the quality, utility, and clarity of the Number of Respondents: 26; 26 The Commission has promulgated rules information collected; (d) ways to responses. (the ‘‘Formal Complaint Rules’’) to minimize the burden of the collection of Estimated Time per Response: 0.5–12 govern its formal complaint proceedings information on the respondents, hours. that are similar in many respects to the including the use of automated Frequency of Response: Federal Rules of Civil Procedure. See 47 collection techniques or other forms of Recordkeeping, On occasion reporting CFR 1.720–1.736. These rules require information technology; and (e) ways to requirements; and Third party the submission of information from the further reduce the information burden disclosure. parties necessary to create a record on for small business concerns with fewer Obligation to Respond: Required to which the Commission can decide than 25 employees. The FCC may not obtain or retain benefits. complex legal and factual issues. As conduct or sponsor a collection of Total Annual Burden: 1,001 hours. described in Section 1.720 of the information unless it displays a Total Annual Cost: $1,409,600. Commission’s rules, formal complaint currently valid OMB Control Number.

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No person shall be subject to any receives a unique FCC Registration representative’s address, telephone penalty for failing to comply with a Number (FRN), which is required for number, e-mail address, and/or fax collection of information subject to the anyone doing business with the number. Respondents may also update Paperwork Reduction Act (PRA) that Commission. FCC Form 160 is used to their registration information in CORES does not display a valid Control collect information that pertains to the on-line at http://www.fcc.gov/frnreg. Number. entity’s name, address, contact The Commission uses this information to collect or report on any delinquent DATES: Written Paperwork Reduction representative, telephone number, Act (PRA) comments should be e-mail address, and fax number. The debt arising from the respondent’s submitted on or before March 1, 2010. Commission uses this information to business dealings with the FCC, If you anticipate that you will be collect or report on any delinquent debt including both ‘‘feeable’’ and ‘‘nonfeeable’’ services; and to ensure submitting PRA comments, but find it arising from the respondent’s business that registrants (respondents) receive difficult to do so within the period of dealings with the FCC, including both any refunds due. Use of the CORES time allowed by this notice, you should ‘‘feeable’’ and ‘‘nonfeeable’’ services; System is also a means of ensuring that advise the FCC contact listed below as and to ensure that registrants the Commission operates in compliance soon as possible. (respondents) receive any refunds due. Use of the CORES System is also a with the Debt Collection Improvement ADDRESSES: Submit your PRA comments means of ensuring that the Commission Act of 1996. to Nicholas A. Fraser, Office of operates in compliance with the Debt Management and Budget, via fax at 202– Federal Communicatons Commission. Collection Improvement Act of 1996. 395–5167, or via the Internet at Marlene H. Dortch, _ _ The Commission has increased the Secretary. Nicholas A. [email protected] and number of respondents and number of [FR Doc. E9–31010 Filed 12–29–09; 8:45 am] to Leslie F. Smith, Federal responses by approximately 50,000 each Communications Commission, via the to account for those who will now be BILLING CODE 6712–01–P Internet at [email protected]. To filing FCC Form 323, ‘‘Ownership submit your PRA comments by e-mail Report for Commercial Broadcast send them to: [email protected]. FEDERAL COMMUNICATIONS Stations.’’ COMMISSION FOR FURTHER INFORMATION CONTACT: For OMB Control Number: 3060–0918. additional information, contact Leslie F. Title: CORES Update/Change Form. Privacy Act System of Records Smith at (202) 418–0217. Form Number: FCC Form 161. SUPPLEMENTARY INFORMATION: Type of Review: Extension of a AGENCY: Federal Communications OMB Control Number: 3060–0917. currently approved collection. Commission (FCC or Commission). Title: CORES Registration Form. Respondents: Individuals or ACTION: Notice; one new Privacy Act Form Number: FCC Form 160. households; Businesses or other for- system of records. Type of Review: Extension of a profit entities; Not-for-profit currently approved collection. institutions; and State, Local, or Tribal SUMMARY: Pursuant to subsection (e)(4) Respondents: Individuals or Governments. of the Privacy Act of 1974, as amended households; Businesses or other for- Number of Respondents: 57,600; (5 U.S.C. 552a), the FCC proposes to add profit entities; Not-for-profit 57,600 responses. a new system of records, FCC/OMD–27, institutions; and State, Local, or Tribal Estimated Time per Response: 10 ‘‘Broadband Unavailability Survey and Governments. minutes (0.167 hours). Broadband Quality Test.’’ The FCC’s Number of Respondents: 150,000; Frequency of Response: One time Office of Managing Director (OMD) will 150,000 responses. reporting requirement. use the information contained in FCC/ Estimated Time per Response: 10 Obligation to Respond: Required to OMD–27 to cover the personally minutes (0.167 hours). obtain or retain benefits. identifiable information (PII) in the Frequency of Response: One time Total Annual Burden: 9,792 hours. Commission’s new ‘‘Public Registry of reporting requirement. Total Annual Costs: None. Broadband Availability Consumer Obligation to Respond: Required to Privacy Impact Assessment: Yes. Information’’ survey and ‘‘Broadband obtain or retain benefits. Nature and Extent of Confidentiality: Quality Test.’’ This survey will Total Annual Burden: 25,050 hours. The FCC has a system of records, FCC/ determine the access of U.S. residents to Total Annual Costs: None. OMD–9, ‘‘Commission Registration broadband—cable and DSL, fiber and Privacy Impact Assessment: Yes. System (CORES),’’ to cover the other broadband services. The test will Nature and Extent of Confidentiality: collection, purpose(s), storage, provide individuals with a mechanism The FCC has a system of records, FCC/ safeguards, and disposal of the to measure the quality of their internet OMD–9, ‘‘Commission Registration personally identifiable information (PII) broadband connection. Individual street System (CORES),’’ to cover the that individual respondents may submit addresses will not be made public but collection, purpose(s), storage, on FCC Form 160. The FCC will also aggregated data from the database may safeguards, and disposal of the redact PII submitted on this form before be made public. These data may be used personally identifiable information (PII) it makes FCC Form 160 available for to inform the National Broadband Plan, that individual respondents may submit public inspection. the National Broadband Map and other on FCC Form 160. The FCC will also Needs and Uses: After respondents proceedings related to the provisioning redact PII submitted on this form before have registered in the FCC’s of broadband services. it makes FCC Form 160 available for Commission Registration System DATES: In accordance with subsections public inspection. (CORES) and have been issued a FCC (e)(4) and (e)(11) of the Privacy Act, any Needs and Uses: Respondents use Registration Number (FRN), they may interested person may submit written FCC Form 160 to register in the FCC’s use FCC Form 161 to update and/or comments concerning the alteration of Commission Registration System change their contact information, this system of records on or before (CORES). Respondents may also register including name, address, telephone January 29, 2010. The Office of in CORES on-line at http://www.fcc.gov/ number, e-mail address, fax number, Management and Budget (OMB), which frnreg. When registering, the respondent contact representative, contact has oversight responsibility under the

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Privacy Act to review the system of and Budget (OMB) with an opportunity ROUTINE USES OF RECORDS MAINTAINED IN THE records, may submit comments on or to comment. SYSTEM, INCLUDING CATEGORIES OF USERS AND before February 8, 2010. The proposed THE PURPOSES OF SUCH USES: system of records will become effective FCC/OMD–27 Information about individuals in this system of records may routinely be on February 8, 2010 unless the FCC SYSTEM NAME: receives comments that require a disclosed under the following contrary determination. The Broadband Unavailability Survey and conditions: Commission will publish a document in Broadband Quality Test. 1. Where there is an indication of a violation or potential violation of a the Federal Register notifying the SECURITY CLASSIFICATION: public if any changes are necessary. As statute, regulation, rule, or order, required by 5 U.S.C. 552a(r) of the The FCC’s Security Operations Center records from this system may be Privacy Act, the FCC is submitting (SOC) has not assigned a security referred to the appropriate Federal, reports on this proposed altered system classification to this system of records. state, or local agency responsible for investigating or prosecuting a violation to OMB and to both Houses of Congress. SYSTEM LOCATION: ADDRESSES: Address comments to Leslie or for implementing or enforcing the Information Technology Center (ITC), F. Smith, Privacy Analyst, Performance statute, rule, regulation, or order. Federal Communications Commission Evaluation and Records Management, 2. A record on an individual in this (FCC), 445 12th Street, SW., Room 1–C216, Federal Communications system of records may be disclosed, Washington, DC 20554. Commission, 445 12th Street, SW., where pertinent, in any legal proceeding to which the Commission is a party Washington, DC 20554, or via the CATEGORIES OF INDIVIDUALS COVERED BY THE Internet at [email protected]. SYSTEM: before a court or administrative body. 3. A record from this system of FOR FURTHER INFORMATION: Contact The categories of individuals in this records may be disclosed to the Leslie F. Smith, Performance Evaluation system include individuals who Department of Justice or in a proceeding and Records Management, Room 1– participate in the ‘‘Public Registry of before a court or adjudicative body C216, Federal Communications Broadband Unavailability Consumer Commission, 445 12th Street, SW., when: Information’’ survey and individuals (a) the United States, the Commission, Washington, DC 20554, (202) 418–0217 who participate in the internet service a component of the Commission, or, or via the Internet at ‘‘Broadband Quality Test.’’ when represented by the government, [email protected]. an employee of the Commission is a CATEGORIES OF RECORDS IN THE SYSTEM: SUPPLEMENTARY INFORMATION: As party to litigation or anticipated required by the Privacy Act of 1974, as The categories of records in this litigation or has an interest in such amended, 5 U.S.C. 552a(e)(4) and system include the street address, city, litigation, and (e)(11), this document sets forth notice state, and zip code of each individual (b) The Commission determines that of the proposed new system of records who selects to participate in the ‘‘Public the disclosure is relevant or necessary to maintained by the FCC. This notice is a Registry of Broadband Unavailability the litigation. summary of the more detailed Consumer Information’’ survey and each 4. A record on an individual in this information about the proposed new individual who participates in the system of records may be disclosed to a system of records, which may be viewed Internet service ‘‘Broadband Quality Congressional office in response to an at the location given above in the Test.’’ inquiry the individual has made to the ADDRESSES section. The purpose for Congressional office. adding this new system of records, FCC/ AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5. A record from this system of OMD–27, ‘‘Broadband Unavailability Broadband Data Improvement Act of records may be disclosed to GSA and Survey and Broadband Quality Test,’’ is 2008, Public Law No. 110–385, Stat NARA for the purpose of records to cover the personally identifiable 4096 § 103(c)(1); American management inspections conducted information (PII) in the Commission’s Reinvestment and Recovery Act of 2009 under authority of 44 U.S.C. 2904 and new ‘‘Public Registry of Broadband (ARRA), Public Law No. 111–5, 123 Stat 2906. Such disclosure shall not be used Availability Consumer Information’’ 115 (2009); and Communications Act, to make a determination about survey and ‘‘Broadband Quality Test.’’ 47 U.S.C. 154(i). individuals. This survey will determine the access of 6. A record from this system may be U.S. residents to broadband—cable and PURPOSES: disclosed to appropriate agencies, DSL, fiber, and other broadband The Commission uses the records in entities, and persons when (1) The services. The test will provide this system to conduct the ‘‘Public Commission suspects or has confirmed individuals with a mechanism to Registry of Broadband Availability that the security or confidentiality of measure the quality of their internet Consumer Information’’ survey to information in the system of records has broadband connection. Individual street determine the access of U.S. residents to been compromised; (2) the Commission addresses will not be made public, but broadband—cable and DSL, fiber, and has determined that as a result of the aggregated data from the database may other broadband services and to provide suspected or confirmed compromise be made public. The data may also be individuals with a ‘‘Broadband Quality there is a risk of harm to economic or used to inform the National Broadband Test’’ to measure their quality of their property interests, identity theft or Plan, the National Broadband Map, and internet broadband connection. fraud, or harm to the security or other proceedings related to the Individual street addresses will not be integrity of this system or other systems provisioning of broadband services. made public but aggregated data from or programs (whether maintained by the This notice meets the requirement the database may be made public. These Commission or another agency or entity) documenting the proposed new system data may be used to inform the National that rely upon the compromised of records that is to be added to the Broadband Plan, the National information; and (3) the disclosure systems of records that the FCC Broadband Map and other proceedings made to such agencies, entities, and maintains, and provides the public, related to the provisioning of broadband persons is reasonably necessary to assist Congress, and the Office of Management services. in connection with the Commission’s

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efforts to respond to the suspected or RETENTION AND DISPOSAL: FEDERAL RESERVE SYSTEM confirmed compromise and prevent, The information in this system is minimize, or remedy such harm. Change in Bank Control Notices; 7. The information collected through limited to electronic files, records, and Acquisition of Shares of Bank or Bank the voluntary Registry and speed tests, data, which pertains to the Public Holding Companies with the exception of any personally Registry of Broadband Unavailability, identifiable information, may be shared which includes: The notificants listed below have with public-private partnerships and (1) the information obtained from applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and with the Telecommunications Program individuals who participated in the § 225.41 of the Board’s Regulation Y (12 of the United States Department of Consumer Information survey; and Agriculture (USDA) Rural Development CFR 225.41) to acquire a bank or bank (2) the information obtained from Agency. This sharing regime is holding company. The factors that are individuals who participated in the described in the Commission’s considered in acting on the notices are Broadband Data Order of 2008 (FCC 08– Speed Test. set forth in paragraph 7 of the Act (12 89). Until the National Archives and U.S.C. 1817(j)(7)). In each of these cases, the FCC will Records Administration (NARA) The notices are available for determine whether disclosure of the approves the retention and disposal immediate inspection at the Federal records is compatible with the purpose schedule, these records will be treated Reserve Bank indicated. The notices for which the records were collected. as permanent. also will be available for inspection at the office of the Board of Governors. DISCLOSURE TO CONSUMER REPORTING SYSTEM MANAGER(S) AND ADDRESS(ES): Interested persons may express their AGENCIES: views in writing to the Reserve Bank None. Address inquiries to the Information indicated for that notice or to the offices POLICIES AND PRACTICES FOR STORING, Technology Center (ITC), Office of of the Board of Governors. Comments RETRIEVING, ACCESSING, RETAINING, AND Managing Director (OMD), Federal must be received not later than January DISPOSING OF RECORDS IN THE SYSTEM: Communications Commission (FCC), 13, 2010. STORAGE: 445 12th Street, SW., Washington, DC A. Federal Reserve Bank of Atlanta (Steve Foley, Vice President) 1000 The information includes the 20554. Peachtree Street, N.E., Atlanta, Georgia electronic data and records that are NOTIFICATION PROCEDURE: 30309: stored in the FCC’s computer network 1. Kirk Doskocil, Brecksville, Ohio; to databases. Address inquiries to the Information acquire voting shares of Bonifay Technology Center (ITC), Office of RETRIEVABILITY: Holding Company, Inc., and thereby Managing Director (OMD), Federal Information in this system may be indirectly acquire voting shares of Bank Communications Commission (FCC), retrieved by the responses to the of Bonifay, both of Bonifay, Florida. 445 12th Street, SW., Washington, DC broadband internet access questions: (1) 20554. Board of Governors of the Federal Reserve Broadband access (yes/no); (2) System, December 24, 2009. broadband service availability (check RECORD ACCESS PROCEDURES: Robert deV. Frierson, boxes for types of broadband services Deputy Secretary of the Board. available at an individual’s home); and Address inquiries to the Information [FR Doc. E9–30937 Filed 12–29–09; 8:45 am] (3) the individual’s home address: street Technology Center (ITC), Office of BILLING CODE 6210–01–S address, city, state, and zip code. Managing Director (OMD), Federal Furthermore, the information may be Communications Commission (FCC), retreived and/or aggregated based upon 445 12th Street, SW., Washington, DC FEDERAL RESERVE SYSTEM other Broadband Quality Test variables, 20554. such as broadband speed, latency, jitter, Change in Bank Control Notices; and packet loss, among other broadband CONTESTING RECORD PROCEDURES: Acquisition of Shares of Bank or Bank quality variables. Holding Companies Address inquiries to the Information SAFEGUARDS: Technology Center (ITC), Office of The notificants listed below have Access to the information in the Managing Director (OMD), Federal applied under the Change in Bank Public Registry of Broadband Communications Commission (FCC), Control Act (12 U.S.C. 1817(j)) and Unavailability, which is housed in the 445 12th Street, SW., Washington, DC § 225.41 of the Board’s Regulation Y (12 FCC’s computer network databases, is 20554. CFR 225.41) to acquire a bank or bank restricted to authorized OMD holding company. The factors that are supervisory and staff in the Planning RECORD SOURCE CATEGORIES: considered in acting on the notices are and Support Group of ITC and other ITC set forth in paragraph 7 of the Act (12 staff and contractors who maintain these The sources for the information in U.S.C. 1817(j)(7)). computer databases. Other employees this system are the survey respondents. The notices are available for and contractors may be granted access immediate inspection at the Federal on a ‘‘need-to-know’’ basis. The FCC’s EXEMPTIONS CLAIMED FOR THE SYSTEM: Reserve Bank indicated. The notices computer network databases are None. also will be available for inspection at protected by the FCC’s security the office of the Board of Governors. Federal Communications Commission. protocols, which include controlled Interested persons may express their access, passwords, and other security Marlene H. Dortch, views in writing to the Reserve Bank features. Information resident on the Secretary. indicated for that notice or to the offices database servers is backed-up routinely [FR Doc. E9–31009 Filed 12–29–09; 8:45 am] of the Board of Governors. Comments onto magnetic media. Back-up tapes are BILLING CODE 6712–01–P must be received not later than January stored on-site and at a secured location. 12, 2010.

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A. Federal Reserve Bank of Chicago indicated or the offices of the Board of obtained from the National Information (Colette A. Fried, Assistant Vice Governors not later than January 22, Center website at www.ffiec.gov/nic/. President) 230 South LaSalle Street, 2010. Unless otherwise noted, comments Chicago, Illinois 60690–1414: A. Federal Reserve Bank of regarding the applications must be 1. Elisabeth Meyer Kimmel 2009 Richmond (A. Linwood Gill, III, Vice received at the Reserve Bank indicated Grantor Retained Annuity Trust 4, President) 701 East Byrd Street, or the offices of the Board of Governors Champaign, Illinois, and Elisabeth Richmond, Virginia 23261–4528: not later than January 12, 2010. Meyer Kimmel, LaJolla, California, 1. City Holding Company, Charleston, A. Federal Reserve Bank of Boston individually and as trustee of the West Virginia; to acquire up to 7.5 (Richard Walker, Community Affairs Elisabeth Meyer Kimmel 2009 Grantor percent of the voting shares of First Officer) P.O. Box 55882, Boston, Retained Annuity Trust 4, to join the United Corporation, and thereby Massachusetts 02106–2204: existing Meyer/Kimmel Family Control indirectly acquire up to 7.5 percent of 1. Boston Private Financial Holdings, Group through the acquisition of voting the voting shares of First United Bank Inc., Boston, Massachusetts; to acquire shares of First Busey Corporation, and & Trust Company, both of Oakland, the remaining 19 percent of the direct thereby indirectly acquire voting shares Maryland. ownership of KLS Professional Advisers of Busey Bank, both of Champaign, B. Federal Reserve Bank of Group, LLC, New York, New York, and Illinois. Minneapolis (Jacqueline G. King, thereby engage in financial and Board of Governors of the Federal Reserve Community Affairs Officer) 90 investment advisory activities pursuant System, December 23, 2009. Hennepin Avenue, Minneapolis, to section 225.28(b)(6) of Regulation Y. Robert deV. Frierson, Minnesota 55480–0291: Board of Governors of the Federal Reserve Deputy Secretary of the Board. 1. Drayton Bancor, Inc., to merge with System, December 23, 2009. [FR Doc. E9–30876 Filed 12–29–09; 8:45 am] Walsh County Bancorporation, Inc., Robert deV. Frierson, BILLING CODE 6210–01–S both of Drayton, North Dakota, and Deputy Secretary of the Board. thereby indirectly merge with Bank of [FR Doc. E9–30874 Filed 12–29–09; 8:45 am] Minto, Minto, North Dakota. BILLING CODE 6210–01–S FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve Formations of, Acquisitions by, and System, December 23, 2009. Mergers of Bank Holding Companies Robert deV. Frierson, FEDERAL MARITIME COMMISSION Deputy Secretary of the Board. [Docket No. 09–08] The companies listed in this notice [FR Doc. E9–30875 Filed 12–29–09; 8:45 am] have applied to the Board for approval, BILLING CODE 6210–01–S SSA Terminals, LLC and SSA pursuant to the Bank Holding Company Terminals (Oakland), LLC v. The City of Act of 1956 (12 U.S.C. 1841 et seq.) Oakland, Acting by and Through Its (BHC Act), Regulation Y (12 CFR Part FEDERAL RESERVE SYSTEM Board of Port Commissioners; Notice 225), and all other applicable statutes of Filing of Complaint and Assignment and regulations to become a bank Notice of Proposals to Engage in holding company and/or to acquire the Permissible Nonbanking Activities or Served December 24, 2009, Federal Maritime assets or the ownership of, control of, or to Acquire Companies that are Commission. the power to vote shares of a bank or Engaged in Permissible Nonbanking Notice is given that a complaint has bank holding company and all of the Activities been filed with the Federal Maritime banks and nonbanking companies Commission (‘‘Commission’’) by SSA owned by the bank holding company, The companies listed in this notice Terminals, LLC and SSA Terminals including the companies listed below. have given notice under section 4 of the (Oakland), LLC (jointly referred to as The applications listed below, as well Bank Holding Company Act (12 U.S.C. ‘‘SSAT’’). Complainant asserts that SSA as other related filings required by the 1843) (BHC Act) and Regulation Y (12 Terminals, LLC is a Delaware limited Board, are available for immediate CFR Part 225) to engage de novo, or to liability company and that SSA inspection at the Federal Reserve Bank acquire or control voting securities or Terminals (Oakland), LLC is a California indicated. The applications also will be assets of a company, including the limited liability company. Complainant available for inspection at the offices of companies listed below, that engages alleges that Respondent, the City of the Board of Governors. Interested either directly or through a subsidiary or Oakland acting by and through its Board persons may express their views in other company, in a nonbanking activity of Port Commissioners (hereinafter ‘‘the writing on the standards enumerated in that is listed in § 225.28 of Regulation Y Port’’), is a municipal department the BHC Act (12 U.S.C. 1842(c)). If the (12 CFR 225.28) or that the Board has established and existing under Article proposal also involves the acquisition of determined by Order to be closely VII of the Charter of the City of Oakland. a nonbanking company, the review also related to banking and permissible for Complainant also alleges that the Port is includes whether the acquisition of the bank holding companies. Unless a marine terminal operator within the nonbanking company complies with the otherwise noted, these activities will be meaning of the Shipping Act, 46 U.S.C. standards in section 4 of the BHC Act conducted throughout the United States. 40102(14). Complainant asserts that, (12 U.S.C. 1843). Unless otherwise Each notice is available for inspection through means of an assignment and noted, nonbanking activities will be at the Federal Reserve Bank indicated. subassignment agreement, Complainant conducted throughout the United States. The notice also will be available for leases Berths 57–59 from Respondent. Additional information on all bank inspection at the offices of the Board of Complainant alleges that Respondent holding companies may be obtained Governors. Interested persons may and Ports America Outer Harbor from the National Information Center express their views in writing on the Terminal, LLC (‘‘PAOHT’’) are parties to website at www.ffiec.gov/nic/. question whether the proposal complies a lease agreement for Berths 20–24 Unless otherwise noted, comments with the standards of section 4 of the which violates the Shipping Act by regarding each of these applications BHC Act. Additional information on all granting more reasonable terms for the must be received at the Reserve Bank bank holding companies may be rental and use of marine terminal

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facilities to PAOHT than those provided final decision of the Commission shall Ste. 306, Miami, FL 33172, Officer: to SSAT. Specifically, Complainant be issued by April 27, 2011. Jorge L. Castano, President, alleges that Respondent has violated the (Qualifying Individual). Karen V. Gregory, Shipping Act by: (1) Imposing an undue Secretary. Total Commerce Corp. dba Pentabox, or unreasonable prejudice or 3410 NW. 73 Avenue, Miami, FL [FR Doc. E9–31065 Filed 12–29–09; 8:45 am] disadvantage with respect to SSAT; (2) 33122, Officer: Carmen G. Mayer, giving an undue or unreasonable BILLING CODE P President, (Qualifying Individual). preference or advantage to PAOHT; (3) ALO Enterprise Corporation, 225 refusing to deal or negotiate with SSAT; FEDERAL MARITIME COMMISSION Chambers Street, Trenton, NJ and (4) failing to establish, observe and 08609, Officers: Amr M. Rihan, enforce just and reasonable regulations Ocean Transportation Intermediary CEO, (Qualifying Individual). Fida and practices relating to or connected License Applicants Dahrouj, Vice President. with receiving, handling and storing or Ace Relocation Systems, Inc., 5608 delivering property. 46 U.S.C. 41106(2) Notice is hereby given that the following applicants have filed with the Eastgate Drive, San Diego, CA and (3) and 41102(c). Complainant 92121, Officer: Daniel J. Lammers, maintains that, as a consequence of the Federal Maritime Commission an application for license as a Non-Vessel- Vice President, (Qualifying Port’s agreement with PAOHT, Operating Common Carrier and Ocean Individual). Complainant has sustained and Freight Forwarder—Ocean Omnitrans Corp., Ltd., 111 Broadway, continues to incur injuries and damages, Transportation Intermediary pursuant to Ste. 1705B, New York, NY 10006, including lost business and higher rents, section 19 of the Shipping Act of 1984 Hermann V. AmsZ, Sole Proprietor. and other payments and obligations to as amended (46 U.S.C. app. 1718 and 46 Assure Shipping, LLC, 9462 Stevens the Respondent, thereby suffering CFR 515). Ave., So., Bloomington, MN 55420, damages in the millions of dollars. Persons knowing of any reason why Officer: Jane Mahowald, CEO, Complainant requests that the the following applicants should not (Qualifying Individual). Commission require Respondent to receive a license are requested to Megatrans Logistics, Inc. dba Orion, answer the charges in this Complaint, contact the Office of Transportation International Mega-Logistics, 2129 cease and desist from engaging in Intermediaries, Federal Maritime NW. 86th Avenue, Doral, FL 33122, violations of the Shipping Act, and put Commission, Washington, DC 20573. Officers: Lilian D. Cobo, Secretary, in force such practices as the Non-Vessel-Operating Common Carrier (Qualifying Individual). Lilian M. Commission determines to be lawful Ocean Transportation Intermediary Cobo, President. and reasonable. Complainant also Applicants: Azap Motors Inc., 5433 Buffalo requests that an order be issued Braid Logistics (North America), Inc., Avenue, Jacksonville, FL 32208, requiring Respondent to pay SSAT 5642 Shirley Lane, Houston, TX Officer: Ali Y. Hussein, President, reparations for violations of the 77032, Officer: Michael Ng, (Qualifying Individual). Shipping Act, including the amount of Treasurer, (Qualifying Individual). Commodity Forwarders, Inc., 11101 S. the actual injury, plus interest, costs and PNX Global, Inc. dba Terramar Logistics Int’l, 2065 Venice Blvd., La Cienega Blvd., Los Angeles, CA attorney fees, and any other damages to 90045, Officers: Chris A. Connell, be determined; and that the Commission Ste. C, Los Angeles, CA 90006, Officers: Chul H. Choi, CEO, President, (Qualifying Individual). order any such other relief as it Alfred Kuehlewind, CEO. determines appropriate. Complainant (Qualifying Individual). Kyu H. requests that a hearing be held in Whang, CFO. Barthco International, Inc., dba OHL– International, 5101 S. Broad Street, Washington, DC. SBB International Shipping LLC, 100 Plaza Drive, Ste. 102, Secaucus, NJ Philadelphia, PA 19112, Officers: This proceeding has been assigned to 07094, Officer: Ozgur Cebioglu, Ed M. Piza, Vice President, the Office of Administrative Law Judges. Manager, (Qualifying Individual). (Qualifying Individual). Scott Hearing in this matter, if any is held, Sky Express World Courier, Inc., 1740 McWilliams, CEO. shall commence within the time S. Los Angeles Street, Ste. 201, Los Ocean Freight Forwarder—Ocean limitations prescribed in 46 CFR 502.61, Angeles, CA 90015, Officers: Gyou Transportation Intermediary and only after consideration has been H. Ahn, Secretary, (Qualifying Applicants: given by the parties and the presiding Individual). Hyoungtae Kim, CEO. D. Hauser, Inc., 1555 Fording Island officer to the use of alternative forms of Pentagon Freight, Inc., 2113 Treeridge Rd., Ste. E, Hilton Head, SC 29926, dispute resolution. The hearing shall Circle, Brea, CA 92821, Officers: Officer: Michael J. Bonvissuto, Jr., include oral testimony and cross- Jenny Jie Kang Yang, CEO, Exec. V. President. (Qualifying examination in the discretion of the (Qualifying Individual). Bao Chen, Individual). presiding officer only upon proper Vice President. SBB Shipping USA Inc., 100 Plaza showing that there are genuine issues of Non-Vessel—Operating Common Carrier Drive, 1st Floor, Secaucus, NJ material fact that cannot be resolved on and Ocean Freight Forwarder 07094, Officer: Ozgur Cebioglu, the basis of sworn statements, affidavits, Transportation Intermediary Treasurer, (Qualifying Individual). depositions, or other documents or that Applicants: the nature of the matter in issue is such SBB International Shipping LLC, 100 Daniel L. Vesque LCHB, 100 Plaza that an oral hearing and cross- Plaza Drive, Ste. 102, Secaucus, NJ Drive, Ste. 102, Secaucus, NJ 07094, examination are necessary for the 07094, Officer: Ozgur Cebioglu, Daniel L. Vesque, Sole Proprietor. development of an adequate record. Manager, (Qualifying Individual). Total Global Solutions, Inc., 4290 Pursuant to the further terms of 46 CFR USKO Shipping, 4021 Hillswood Dr., Bells Ferry Road, Ste. #224, 502.61, the initial decision of the Sacramento, CA 95821, Roman Z. Kennesaw, GA 30144, Officer: presiding officer in this proceeding shall Skots, Sole Proprietor. Tomomi Hamamura, CFO, be issued by December 28, 2010, and the Group JDS, Inc., 790 NW. 107 Ave., (Qualifying Individual).

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Dated: December 24, 2009. consumer before making the disclosure. DEPARTMENT OF HEALTH AND Karen V. Gregory, Section 612(f)(2) states that the Federal HUMAN SERVICES Secretary. Trade Commission (‘‘the Commission’’) [FR Doc. E9–30962 Filed 12–29–09; 8:45 am] shall increase the $8.00 maximum Decision To Evaluate a Petition To Designate a Class of Employees for BILLING CODE P amount on January 1 of each year, based proportionally on changes in the the Lawrence Berkeley National Consumer Price Index, with fractional Laboratory, Berkeley, CA, To Be Included in the Special Exposure FEDERAL TRADE COMMISSION changes rounded to the nearest fifty Cohort cents. Charges For Certain Disclosures Section 211(a)(2) of the Fair and AGENCY: National Institute for AGENCY: Federal Trade Commission. Accurate Credit Transactions Act of Occupational Safety and Health ACTION: Notice Regarding Charges for 2003 (‘‘FACT Act’’) added a new (NIOSH), Department of Health and Certain Disclosures. Section 612(a) to the FCRA that gives Human Services (HHS). consumers the right to request free ACTION: Notice. SUMMARY: The Federal Trade annual disclosures once every 12 Commission announces that the ceiling months. The maximum allowable SUMMARY: HHS gives notice as required on allowable charges under Section charge established by this Notice does by 42 CFR 83.12(e) of a decision to 612(f) of the Fair Credit Reporting Act not apply to requests made under that evaluate a petition to designate a class (‘‘FCRA’’) will decrease from $11.00 to provision. The charge does apply when of employees for the Lawrence Berkeley $10.50 effective January 1, 2010. Under a consumer who orders a file disclosure National Laboratory, Berkeley, 1996 amendments to the FCRA, the has already received a free annual California, to be included in the Special Exposure Cohort under the Energy Federal Trade Commission is required disclosure and does not otherwise to increase the $8.00 amount referred to Employees Occupational Illness qualify for an additional free disclosure. in paragraph (1)(A)(i) of Section 612(f) Compensation Program Act of 2000. The on January 1 of each year, based The Commission considers the $8.00 initial proposed definition for the class proportionally on changes in the amount referred to in paragraph (1)(A)(i) being evaluated, subject to revision as Consumer Price Index (‘‘CPI’’), with of Section 612(f) to be the baseline for warranted by the evaluation, is as fractional changes rounded to the the effective ceiling on reasonable follows: nearest fifty cents. The CPI increased charges dating from the effective date of Facility: Lawrence Berkeley National 33.98 percent between September 1997, the amended FCRA, i.e., September 30, Laboratory. the date the FCRA amendments took 1997. Each year the Commission Location: Berkeley, California. effect, and September 2009. This calculates the proportional increase in Job Titles and/or Job Duties: All increase in the CPI, and the requirement the Consumer Price Index (using the employees of the Department of Energy, that any increase be rounded to the most general CPI, which is for all urban its predecessor agencies, and their nearest fifty cents, results in a maximum consumers, all items) from September contractors and subcontractors. allowable charge of $10.50 effective 1997 to September of the current year. Period of Employment: August 13, January 1, 2010. The Commission then determines what 1942 through December 31, 1961. EFFECTIVE DATE: January 1, 2010. modification, if any, from the original FOR FURTHER INFORMATION CONTACT: ADDRESSES: Federal Trade Commission, base of $8.00 should be made effective Stuart L. Hinnefeld, Interim Director, Washington, DC 20580. on January 1 of the subsequent year, Office of Compensation Analysis and FOR FURTHER INFORMATION CONTACT: given the requirement that fractional Support, National Institute for Clarke W. Brinckerhoff, Bureau of changes be rounded to the nearest fifty Occupational Safety and Health Consumer Protection, 202-326-3208, or cents. (NIOSH), 4676 Columbia Parkway, MS Keith B. Anderson, Bureau of Between September 1997 and C–46, Cincinnati, OH 45226, Telephone Economics, Federal Trade Commission, September 2009, the Consumer Price 513–533–6800 (this is not a toll-free Washington, DC 20580, 202–326–3428. Index for all urban consumers and all number). Information requests can also SUPPLEMENTARY INFORMATION: Section items increased by 33.98 percent – from be submitted by e-mail to [email protected]. 612(f)(1)(A) of the Fair Credit Reporting an index value of 161.2 in September Act, which became effective in 1997, 1997 to a value of 215.969 in September John Howard, provides that a consumer reporting 2009. An increase of 33.98 percent in Director, National Institute for Occupational agency may charge a consumer a the $8.00 base figure would lead to a Safety and Health. reasonable amount for making a new figure of $10.72. However, because [FR Doc. E9–30984 Filed 12–29–09; 8:45 am] disclosure to the consumer pursuant to the statute directs that the resulting BILLING CODE 4163–19–P Section 609 of the Act.1 The law states figure be rounded to the nearest $0.50, that, where a consumer reporting agency the maximum allowable charge should is permitted to impose a reasonable be $10.50. DEPARTMENT OF HEALTH AND charge on a consumer for making a HUMAN SERVICES disclosure to the consumer pursuant to The Commission therefore determines Section 609, the charge shall not exceed that the maximum allowable charge for Decision To Evaluate a Petition To $8.00 and shall be indicated to the the year 2010 will be $10.50. Designate a Class of Employees for By direction of the Commission. the Westinghouse Electric 1This provision, originally Section 612(a), was Corporation, Bloomfield, NJ, To Be added to the FCRA in September 1996 and became Donald S. Clark Included in the Special Exposure effective in September 1997. It was relabeled Section 612(f) by Section 211(a)(1) of the Fair and Secretary Cohort Accurate Credit Transactions Act of 2003 (‘‘FACT [FR Doc. E9–30982 Filed 12–29–09: 8:45 am] Act’’), Public Law 108-159, which was signed into AGENCY: National Institute for BILLING CODE 6750–01–S law on December 4, 2003. Occupational Safety and Health

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(NIOSH), Department of Health and December 31, 1967, for a number of work one or more other classes of employees in the Human Services (HHS). days aggregating at least 250 work days, Special Exposure Cohort. occurring either solely under this ACTION: Notice. This designation will become employment or in combination with work days within the parameters established for effective on January 9, 2010, unless SUMMARY: HHS gives notice as required Congress provides otherwise prior to the by 42 CFR 83.12(e) of a decision to one or more other classes of employees included in the SEC. effective date. After this effective date, evaluate a petition to designate a class HHS will publish a notice in the of employees for the Westinghouse This designation will become Federal Register reporting the addition Electric Corporation, Bloomfield, New effective on January 9, 2010, unless of this class to the SEC or the result of Jersey, to be included in the Special Congress provides otherwise prior to the any provision by Congress regarding the Exposure Cohort under the Energy effective date. After this effective date, decision by HHS to add the class to the Employees Occupational Illness HHS will publish a notice in the SEC. Compensation Program Act of 2000. The Federal Register reporting the addition FOR FURTHER INFORMATION CONTACT: initial proposed definition for the class of this class to the SEC or the result of Stuart L. Hinnefeld, Interim Director, being evaluated, subject to revision as any provision by Congress regarding the Office of Compensation Analysis and warranted by the evaluation, is as decision by HHS to add the class to the Support, National Institute for follows: SEC. Occupational Safety and Health Facility: Westinghouse Electric FOR FURTHER INFORMATION CONTACT: Corporation. (NIOSH), 4676 Columbia Parkway, MS Stuart L. Hinnefeld, Interim Director, C–46, Cincinnati, OH 45226, Telephone Location: Bloomfield, New Jersey. Office of Compensation Analysis and Job Titles and/or Job Duties: All 513–533–6800 (this is not a toll-free Support, National Institute for number). Information requests can also Atomic Weapons Employer employees. Occupational Safety and Health Period of Employment: August 13, be submitted by e-mail to (NIOSH), 4676 Columbia Parkway, MS 1942 through December 31, 1949. [email protected]. C–46, Cincinnati, OH 45226, Telephone FOR FURTHER INFORMATION CONTACT: 513–533–6800 (this is not a toll-free John Howard, Stuart L. Hinnefeld, Interim Director, number). Information requests can also Director, National Institute for Occupational Office of Compensation Analysis and be submitted by e-mail to Safety and Health. Support, National Institute for [email protected]. [FR Doc. E9–30988 Filed 12–29–09; 8:45 am] Occupational Safety and Health BILLING CODE 4163–19–P (NIOSH), 4676 Columbia Parkway, MS John Howard, C–46, Cincinnati, OH 45226, Telephone Director, National Institute for Occupational 513–533–6800 (this is not a toll-free Safety and Health. DEPARTMENT OF HEALTH AND number). Information requests can also [FR Doc. E9–30986 Filed 12–29–09; 8:45 am] HUMAN SERVICES be submitted by e-mail to BILLING CODE 4163–19–P [email protected]. Designation of a Class of Employees for Addition to the Special Exposure John Howard, DEPARTMENT OF HEALTH AND Cohort Director, National Institute for Occupational HUMAN SERVICES Safety and Health. AGENCY: National Institute for [FR Doc. E9–30983 Filed 12–29–09; 8:45 am] Designation of a Class of Employees Occupational Safety and Health BILLING CODE 4163–19–P for Addition to the Special Exposure (NIOSH), Department of Health and Cohort Human Services (HHS). ACTION: Notice. DEPARTMENT OF HEALTH AND AGENCY: National Institute for HUMAN SERVICES Occupational Safety and Health SUMMARY: HHS gives notice of a (NIOSH), Department of Health and decision to designate a class of Designation of a Class of Employees Human Services (HHS). employees at Brookhaven National for Addition to the Special Exposure ACTION: Notice. Laboratory in Upton, New York, as an Cohort addition to the Special Exposure Cohort SUMMARY: HHS gives notice of a (SEC) under the Energy Employees AGENCY: National Institute for decision to designate a class of Occupational Illness Compensation Occupational Safety and Health employees at the Piqua Organic Program Act of 2000. On December 10, (NIOSH), Department of Health and Moderated Reactor site, Piqua, Ohio, as 2009, the Secretary of HHS designated Human Services (HHS). an addition to the Special Exposure the following class of employees as an ACTION: Notice. Cohort (SEC) under the Energy addition to the SEC: SUMMARY: HHS gives notice of a Employees Occupational Illness All employees of the Department of decision to designate a class of Compensation Program Act of 2000. On Energy, its predecessor agencies, and its employees at Metals and Controls Corp. December 10, 2009, the Secretary of contractors and subcontractors who worked in Attleboro, Massachusetts, as an HHS designated the following class of at Brookhaven National Laboratory in Upton, employees as an addition to the SEC: New York, from January 1, 1947 to December addition to the Special Exposure Cohort 31, 1979, for a number of work days (SEC) under the Energy Employees All employees of the Department of aggregating at least 250 work days, occurring Occupational Illness Compensation Energy, its predecessor agencies, and its either solely under this employment, or in Program Act of 2000. On December 10, contractors and subcontractors who worked combination with work days within the 2009, the Secretary of HHS designated at the Piqua Organic Moderated Reactor site parameters established for one or more other the following class of employees as an during the covered period from May 2, 1966 classes of employees in the Special Exposure through February 28, 1969, for a number of Cohort. addition to the SEC: work days aggregating at least 250 work days, All Atomic Weapons Employees who occurring either solely under this This designation will become worked at Metals and Controls Corp. in employment or in combination with work effective on January 9, 2010, unless Attleboro, MA, from January 1, 1952 to days within the parameters established for Congress provides otherwise prior to the

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effective date. After this effective date, FOR FURTHER INFORMATION CONTACT: C–46, Cincinnati, OH 45226, Telephone HHS will publish a notice in the Stuart L. Hinnefeld, Interim Director, 513–533–6800 (this is not a toll-free Federal Register reporting the addition Office of Compensation Analysis and number). Information requests can also of this class to the SEC or the result of Support, National Institute for be submitted by e-mail to any provision by Congress regarding the Occupational Safety and Health [email protected]. decision by HHS to add the class to the (NIOSH), 4676 Columbia Parkway, MS John Howard, SEC. C–46, Cincinnati, OH 45226, Telephone 513–533–6800 (this is not a toll-free Director, National Institute for Occupational FOR FURTHER INFORMATION CONTACT: Safety and Health. Stuart L. Hinnefeld, Interim Director, number). Information requests can also [FR Doc. E9–30985 Filed 12–29–09; 8:45 am] Office of Compensation Analysis and be submitted by e-mail to Support, National Institute for [email protected]. BILLING CODE 4163–19–P Occupational Safety and Health John Howard, (NIOSH), 4676 Columbia Parkway, MS Director, National Institute for Occupational DEPARTMENT OF HEALTH AND C–46, Cincinnati, OH 45226, Telephone Safety and Health. HUMAN SERVICES 513–533–6800 (this is not a toll-free [FR Doc. E9–30987 Filed 12–29–09; 8:45 am] number). Information requests can also BILLING CODE 4150–28–P Meeting of the National Vaccine be submitted by e-mail to Advisory Committee [email protected]. AGENCY: Department of Health and John Howard, DEPARTMENT OF HEALTH AND Human Services, Office of the Secretary, Director, National Institute for Occupational HUMAN SERVICES Office of Public Health and Science. Safety and Health. Designation of a Class of Employees ACTION: Notice of meeting. [FR Doc. E9–30989 Filed 12–29–09; 8:45 am] for Addition to the Special Exposure BILLING CODE 4163–19–P SUMMARY: As stipulated by the Federal Cohort Advisory Committee Act, the AGENCY: National Institute for Department of Health and Human DEPARTMENT OF HEALTH AND Occupational Safety and Health Services (HHS) is hereby giving notice HUMAN SERVICES (NIOSH), Department of Health and that the National Vaccine Advisory Human Services (HHS). Committee (NVAC) will hold a meeting. Designation of a Class of Employees ACTION: Notice. The meeting is open to the public. Pre- for Addition to the Special Exposure registration is required for both public Cohort SUMMARY: HHS gives notice of a attendance and comment. Individuals AGENCY: National Institute for decision to designate a class of who wish to attend the meeting and/or Occupational Safety and Health employees at the Hanford site in participate in the public comment (NIOSH), Department of Health and Richland, Washington, as an addition to session should either e-mail Human Services (HHS). the Special Exposure Cohort (SEC) [email protected] or call 202–690–5566 to under the Energy Employees ACTION: Notice. register. Occupational Illness Compensation DATES: The meeting will be held on SUMMARY: HHS gives notice of a Program Act of 2000. On December 10, February 3, 2010, from 9 a.m. to 5:30 decision to designate a class of 2009, the Secretary of HHS designated p.m., and February 4, 2010 from 8:30 employees at the Oak Ridge Hospital, the following class of employees as an a.m. to 5:30 p.m. Oak Ridge, Tennessee, as an addition to addition to the SEC: ADDRESSES: Department of Health and the Special Exposure Cohort (SEC) All employees of the Department of Human Services; Hubert H. Humphrey under the Energy Employees Energy, its predecessor agencies, and its Building, Room 800; 200 Independence Occupational Illness Compensation contractors and subcontractors who worked Avenue, SW., Washington, DC 20201. Program Act of 2000. On December 10, at the Hanford site in Richland, Washington, FOR FURTHER INFORMATION CONTACT: 2009, the Secretary of HHS designated from October 1, 1943 through June 30, 1972, for a number of work days aggregating at least National Vaccine Program Office, the following class of employees as an Department of Health and Human addition to the SEC: 250 work days, occurring either solely under this employment or in combination with Services, Room 715–H, Hubert H. All employees of the Department of work days within the parameters established Humphrey Building, 200 Independence Energy, its predecessor agencies, and its for one or more other classes of employees Avenue, SW., Washington, DC 20201. contractors and subcontractors who worked included in the Special Exposure Cohort. Phone: (202) 690–5566; Fax: (202) 260– in any location at the Oak Ridge Hospital in Oak Ridge, Tennessee, from May 15, 1950 This designation will become 1165; e-mail: [email protected]. through December 31, 1959, for a number of effective on January 9, 2010, unless SUPPLEMENTARY INFORMATION: Pursuant work days aggregating at least 250 work days Congress provides otherwise prior to the to Section 2101 of the Public Health or in combination with work days within the effective date. After this effective date, Service Act (42 U.S.C. Section 300aa–1), parameters established for one or more other HHS will publish a notice in the the Secretary of Health and Human classes of employees in the SEC. Federal Register reporting the addition Services was mandated to establish the This designation will become of this class to the SEC or the result of National Vaccine Program to achieve effective on January 9, 2010, unless any provision by Congress regarding the optimal prevention of human infectious Congress provides otherwise prior to the decision by HHS to add the class to the diseases through immunization and to effective date. After this effective date, SEC. achieve optimal prevention against HHS will publish a notice in the FOR FURTHER INFORMATION CONTACT: adverse reactions to vaccines. The Federal Register reporting the addition Stuart L. Hinnefeld, Interim Director, National Vaccine Advisory Committee of this class to the SEC or the result of Office of Compensation Analysis and was established to provide advice and any provision by Congress regarding the Support, National Institute for make recommendations to the Director decision by HHS to add the class to the Occupational Safety and Health of the National Vaccine Program, on SEC. (NIOSH), 4676 Columbia Parkway, MS matters related to the Program’s

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responsibilities. The Assistant Secretary notice solicits comments on the data when appropriate, and other forms of for Health serves as Director of the elements for the Rational Questionnaire information technology. National Vaccine Program. which is being rolled out as part of the II. Pet Food Early Warning Recall Topics to be discussed at the meeting ongoing MedWatchPlus Portal and Rational Questionnaire as Part of the include vaccine safety Rational Questionnaire initiative. Plus recommendations, the National Vaccine MedWatch Portal and Rational DATES: Submit written or electronic Plan, adult immunization Questionnaire Initiative (OMB Control comments on the collection of No. 0910–0645)—Revision recommendations, vaccine financing, information by January 29, 2010. 2009 H1N1 influenza outbreak, and Section 1002(b) of the FDA other related issues. The meeting agenda ADDRESSES: Submit electronic Amendments Act of 2007 (FDAAA) will be posted on the website: comments on the collection of (Public Law 110–85), directs the www.hhs.gov/nvpo/nvac at least one information to http:// Secretary of Health and Human Services week prior to the meeting. Public www.regulations.gov. Submit written (the Secretary), to establish an early attendance at the meeting is limited to comments on the collection of warning and surveillance system to space available. Individuals who plan to information to the Division of Dockets identify adulteration of the pet food attend and need special assistance, such Management (HFA–305), Food and Drug supply and outbreaks of illness as sign language interpretation or other Administration, 5630 Fishers Lane, rm. associated with pet food. As part of the reasonable accommodations, should 1061, Rockville, MD 20852. All effort to fulfill that directive, the notify the office at the address/phone comments should be identified with the Secretary tasked FDA with developing listed above at least one week prior to docket number found in brackets in the the instrument that would allow the meeting. Members of the public will heading of this document. consumers to report voluntarily adverse have the opportunity to provide FOR FURTHER INFORMATION CONTACT: events associated with pet food. In a 60- comments at the meeting. Public Denver Presley Jr., Office of Information day Federal Register notice, which comment will be limited to five minutes Management (HFA–710), Food and Drug published on October 23, 2008 (73 FR per speaker. Individuals who would like Administration, 5600 Fishers Lane, 63153 at 63155), and a 30-day notice, to submit written statements should e- Rockville, MD 20857, 301–796–3793. which published on May 20, 2009 (74 mail or fax their comments to the FR 23721 at 23726), FDA announced the SUPPLEMENTARY INFORMATION: National Vaccine Program Office at least agency-wide information collection five business days prior to the meeting. I. Background initiatives MedWatchPlus Portal and Those wishing to register may do so by Rational Questionnaire. These Under the PRA (44 U.S.C. 3501– sending an email to [email protected] or by initiatives are components of a larger 3520), Federal agencies must obtain calling 202–690–5566 and providing electronic system being developed to approval from the Office of Management name, e-mail address and organization. collect, submit, and process adverse and Budget (OMB) for each collection of Dated: December 23, 2009. event reports and other safety information they conduct or sponsor. information for all FDA-regulated Bruce Gellin, ‘‘Collection of information’’ is defined products. The MedWatchPlus Portal, a Deputy Assistant Secretary for Health, in 44 U.S.C. 3502(3) and 5 CFR Web-based portal, and the Rational Director, National Vaccine Program Office. 1320.3(c) and includes agency requests Questionnaire, a user-friendly data [FR Doc. E9–30897 Filed 12–29–09; 8:45 am] or requirements that members of the collection tool, together make it easy for BILLING CODE 4150–44–P public submit reports, keep records, or the public to report a safety problem. provide information to a third party. In this 30-day notice, FDA is Section 3506(c)(2)(A) of the PRA (44 requesting public comment on data DEPARTMENT OF HEALTH AND U.S.C. 3506(c)(2)(A)) requires Federal elements associated with the roll out of HUMAN SERVICES agencies to provide a notice in the the Pet Food Early Warning System Federal Register concerning each Food and Drug Administration component of the overall proposed collection of information MedWatchPlusPortal and Rational [Docket No. FDA–2008–N–0546] before submitting the collection to OMB Questionnaire initiative, whose for approval. To comply with this framework and burden hours were Agency Information Collection requirement, FDA is publishing notice approved under OMB Control Number Activities; Proposed Collection; of the proposed collection of 0910–0645. This notice refers to the Comment Request; Pet Food Early information set forth in this document. instrument described in that Warning Recall Rational Questionnaire With respect to the following information collection. FDA previously as Part of the MedWatchPlus Portal and collection of information, FDA invites estimated the total burden hours Rational Questionnaire Initiative comments on these topics: (1) Whether associated with the Pet Food Early AGENCY: Food and Drug Administration, the proposed collection of information Warning System to be 324 hours (73 FR HHS. is necessary for the proper performance 63153 at 63155; 74 FR 23721 at 23726). ACTION: Notice. of FDA’s functions, including whether The estimated burden hours associated the information will have practical with this information collection remain SUMMARY: The Food and Drug utility; (2) the accuracy of FDA’s 324 total hours. Administration (FDA) is announcing an estimate of the burden of the proposed opportunity for public comment on the collection of information, including the III. Data Elements for Pet Food Early proposed collection of certain validity of the methodology and Warning System Rational information by the agency. Under the assumptions used; (3) ways to enhance Questionnaire Paperwork Reduction Act of 1995 (the the quality, utility, and clarity of the In this 30-day notice, FDA is PRA), Federal agencies are required to information to be collected; and (4) requesting public comment on data publish notice in the Federal Register ways to minimize the burden of the elements associated with the Pet Food concerning each proposed collection of collection of information on Early Warning System component of the information and to allow for public respondents, including through the use MedWatchPlus Portal and Rational comment in response to the notice. This of automated collection techniques, Questionnaire initiatives. Following is a

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table describing the data elements to be included in the instrument.

TABLE 1.—DATA ELEMENTS FOR VOLUNTARY PET FOOD REPORTS OF PRODUCT PROBLEMS AND/OR ADVERSE EVENTS SUBMITTED THROUGH THE MEDWATCHPLUS RATIONAL QUESTIONNAIRE SAFETY REPORTING PORTAL

Data Element Description

Introduction Page

Report Identifying Information

*Which of the following best describes you? This describes whether the reporter is a consumer/private citizen, or a veterinary professional.

*Enter a name to help you identify the report. This requests that the reporter enter a short name, description, or title that the reporter associates with the event reported.

*What type of report are you submitting? This describes the type of report being submitted (e.g., adverse event, product problem, or both).

*Are you the animal owner? This indicates whether the reporter is the owner of an animal in- volved in the report.

Contact Information Page

Your Contact Information

First Name This is the reporter’s first name.

Last Name This is the reporter’s last name.

*May the FDA contact you to follow-up, if necessary? This indicates whether FDA may contact the reporter if follow-up in- formation is needed.

E-mail This is the reporter’s e-mail address.

Confirm e-mail This requests that e-mail information be confirmed by the reporter.

Primary Phone This is the reporter’s primary phone number.

Other Phone This is the reporter’s alternate phone number.

Country This is the reporter’s country of residence.

Street Address Line 1 This is the street address of the reporters primary residence.

Street Address Line 2 This is additional street address information for the reporter’s primary residence (if additional lines are necessary to report that informa- tion).

City/Town This is the reporter’s city or town of residence.

State This is the reporter’s State of residence.

ZIP/Postal Code This is the zip code for the reporter’s residence.

Other Parties Reported To

Indicate any other parties that you notified about this issue This asks the reporter to identify (in general) other parties told about the problem being reported to FDA.

Problem Summary Page

Affected Animal Information

Number of animals given the product This asks about the number of animals that received the product.

*Number of animals reacted This asks about the number of animals that became ill or had a reac- tion after receiving the product.

Animal Name/Identifier This asks the reporter to provide a name or other means to identify the animal(s) involved in the report.

*Species This is a list of values describing the species of the animal(s) in- volved in the report.

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TABLE 1.—DATA ELEMENTS FOR VOLUNTARY PET FOOD REPORTS OF PRODUCT PROBLEMS AND/OR ADVERSE EVENTS SUBMITTED THROUGH THE MEDWATCHPLUS RATIONAL QUESTIONNAIRE SAFETY REPORTING PORTAL—Continued

Data Element Description

*Breed This is a list of values describing the breed(s) of the animal(s) in- volved in the report.

Age This is the animal’s age.

Weight This is the animal’s weight.

Gender This asks the reporter to identify the gender (sex) of the animal in- volved in the report.

*Reproductive status This asks the reporter to identify whether the animal’s reproductive organs are intact or whether the animal had been neutered (e.g., sterilized, castrated or spayed).

*Was animal pregnant at time of event? This asks the reporter to identify whether the animal was pregnant at the time of the adverse event.

*Was the animal lactating at time of event? This asks the reporter to identify whether the animal was producing milk at the time of the adverse event.

Prior to the event what was the animal’s overall state of health? This asks the reporter to identify the overall or general state of the animal’s health before the adverse event.

Medical History

Did the animal have any health problems and/or was the animal tak- This asks the reporter to identify whether the animal was taking ing medication prior to the event? medication or had a health problem before the adverse event.

Problem Description

*Describe what happened This asks the reporter to describe in a narrative what was observed with the product, and/or how the animal reacted to the product.

*Date problem started This asks the reporter what date the problem started.

Date of recovery This is the date the animal recovered from the illness associated with, or the reaction to, the product.

*Outcome to date This requests that the reporter identify the current condition of the animal.

*Date of death This is the date the animal died (if applicable).

Products Page

Product Details

*Product Brand Name This is the name of the product.

UPC from Label This is the 12-digit bar code that can be found on the product label.

*Product Type This asks the reporter to identify whether the product is food for peo- ple, food for pet animals, or food for other animals, such as live- stock, zoo, or research animals.

Was product recalled? This asks the reporter to identify whether the reporter knows if the manufacturer has removed from sale and destroyed the product being reported, regardless of whether the manufacturer did so vol- untarily or at the request of a government agency.

Package Type This is a list of values for the type of package or container for the product.

Package Size This asks the reporter to provide information on the quantity of the product contained in the package.

Date last purchased product This is the date the product was last purchased.

Number purchased on this date This asks the reporter to enter the number of packages, containers, or other units of the product purchased on the date the product was last purchased.

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TABLE 1.—DATA ELEMENTS FOR VOLUNTARY PET FOOD REPORTS OF PRODUCT PROBLEMS AND/OR ADVERSE EVENTS SUBMITTED THROUGH THE MEDWATCHPLUS RATIONAL QUESTIONNAIRE SAFETY REPORTING PORTAL—Continued

Data Element Description

If the product is reconstituted, what is the percentage of the product This asks the reporter to provide information for the proportion (ex- that is water? pressed as a percentage) of the final product fed that is water, if water is added to the product before feeding it.

Were there any other foods or products given to the animal during This asks the reporter to identify whether the animal was fed any this period of time? other foods or supplements during the time the animal was fed the product.

Do you have a package/container of unopened product from this pur- This asks the reporter to identify whether the reporter has any re- chase? maining unopened packages or containers of the product.

Describe how the product was stored before and after opening. This asks the reporter to describe how the product was stored in the user’s home before it was opened and after it was opened.

Product Use Details

Describe how the product was used or administered. This asks the reporter to describe how the product was given to the animal.

Date first fed the animal product from this purchase This is the first date the animal received product from the most re- cent purchase of that product.

Date last fed the animal product from this purchase This is the last date the animal received product from the most recent purchase of that product.

Percentage of daily ration of product that animal consumed. This asks the reporter to provide an estimate of the percentage of the animal’s total diet that is represented by the product being re- ported.

How Product Was Used

Amount of time from use of product to onset of the event? This asks the reporter to provide information on the amount of time the product was used before the animal became ill or reacted to the product.

Was the product use stopped after the onset of the adverse event? This asks the reporter to identify whether the use of the product was stopped after the animal became ill or reacted to the product.

Did the adverse event diminish or stop after the product use was This asks the reporter to identify whether the signs of illness or reac- stopped? tion stopped or lessened after use of the product was stopped.

Was product use started again? This asks the reporter to indicate whether the product was used again after its use was stopped.

Length of waiting period between stopping and restarting product use This is the amount of time between stopping use of the product and restarting the use of the product (if applicable).

Did the adverse event reappear after reintroducing this product? This requests the reporter identify whether the illness or reaction to the product occurred again after the use of the product was re- started (if applicable).

In your opinion, how likely is it that the use of this product is related This requests the reporter to indicate how strongly the reporter be- to the adverse event? lieves the use of the product caused the illness or adverse reac- tion.

Product Purchase Location

Store/place of purchase. This is the name of the store or the Web address from which the product was purchased.

Country This is the country associated with the store or the Web address from which the product was purchased.

Street Address Line 1 This is the street address associated with the store or the Web ad- dress from which the product was purchased.

Street Address Line 2 This is additional street address information associated with the store or the Web address from which the product was purchased (if ad- ditional lines are necessary to report that information).

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TABLE 1.—DATA ELEMENTS FOR VOLUNTARY PET FOOD REPORTS OF PRODUCT PROBLEMS AND/OR ADVERSE EVENTS SUBMITTED THROUGH THE MEDWATCHPLUS RATIONAL QUESTIONNAIRE SAFETY REPORTING PORTAL—Continued

Data Element Description

City/Town This is the city or town associated with the store or the Web address from which the product was purchased.

State This is the State associated with the store or the Web address from which the product was purchased.

State/Province This is the State/Province associated with the store or the Web ad- dress from which the product was purchased.

ZIP/Postal Code This is the zip code associated with the store or the Web address from which the product was purchased.

Firm/Organization on Label

Do you have one or more labels from this product? This requests the reporter to indicate whether the reporter has one or more labels from the product being reported.

Firm/Organization Name This is name of the firm that appears on the label.

Firm/Organization Type This is the type of firm whose name appears on the label.

Country This is the country associated with the firm that appears on the label.

Primary Phone This is the primary phone number associated with the firm that ap- pears on the label.

Street Address Line 1 This is the street address associated with the firm that appears on the label.

Street Address Line 2 This is additional street address information associated with the firm that appears on the label (if additional lines are needed to report that information).

City/Town This is the city or town associated with the firm that appears on the label.

State This is the State associated with the firm that appears on the label.

State/Province This is the State/Province associated with the firm that appears on the label.

ZIP/Postal Code This is the zip code associated with the firm that appears on the label.

Web address This is the Web address for the firm whose name appears on the label.

Product Lots

Lot Number This requests the reporter to provide the lot number or production code that can be found on the label.

Expiration/use-by date This is the month and year of an expiration date or use-by (best-by, best-before) date that appears on the label.

Veterinarian Visits Page

Veterinary Visit Details

Was a veterinarian consulted? This requests the reporter to indicate whether a veterinarian was con- sulted about the illness or reaction the animal had to the product.

Veterinarian Information

*First Name This is the first name of the veterinarian who was consulted.

*Last Name This is the last name of the veterinarian who was consulted.

Veterinary Practice Name This is the name of the veterinary practice in which the veterinarian that was consulted works.

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TABLE 1.—DATA ELEMENTS FOR VOLUNTARY PET FOOD REPORTS OF PRODUCT PROBLEMS AND/OR ADVERSE EVENTS SUBMITTED THROUGH THE MEDWATCHPLUS RATIONAL QUESTIONNAIRE SAFETY REPORTING PORTAL—Continued

Data Element Description

Country This is the country of the veterinary practice where the animal was examined.

Street Address Line 1 This is the street address of the veterinary practice where the animal was examined.

Street Address Line 2 This is additional street address information for the veterinary prac- tice where the animal was examined (if additional lines are needed to report that information).

City/Town This is the city or town of the veterinary practice where the animal was examined.

State This is the State of the veterinary practice where the animal was ex- amined.

ZIP/Postal Code This is the zip code of the veterinary practice where the animal was examined.

E-mail This is the e-mail address of the veterinary practice where the animal was examined.

*Primary Phone This is the primary phone number of the veterinary practice where the animal was examined.

Attachments Page

Attach File

*Description of Attachment This requests the reporter provide a brief description of the file being attached, e.g., scanned label or medical records.

*Type of Attachment This requests the reporter indicate the specific contents of the attach- ment.

* Indicates the information or a response is necessary for FDA to fully process a report.

IV. Request for Comments DEPARTMENT OF HEALTH AND Ahpeahtone, Edwin Paul, University of HUMAN SERVICES Oklahoma, Delaware Nation, FDA invites comments on all aspects Oklahoma. of the collection of the data elements for Indian Health Service Alexander, Laura Lee, Pennsylvania this Pet Food Early Warning System College of Optometry, Native Village Rational Questionnaire. Interested List of Recipients of Indian Health of Selawik, Alaska. persons may submit to the Division of Scholarships Under the Indian Health Amdur-Clark, Micah Evan, Northeastern Dockets Management (see ADDRESSES) Scholarship Program University, Citizen Potawatomi written or electronic comments Nation, Oklahoma. regarding the proposed changes. Submit The regulations governing Indian Anagale, Paul Todd, University of a single copy of electronic comments or Health Care Improvement Act Programs Minnesota/Duluth, Navajo Nation, two paper copies of any mailed (Pub. L. 94–437) provide at 42 CFR Arizona, New Mexico & Utah. comments, except that individuals may 136.334 that the Indian Health Service Anderson, Debra Jean, Northern Arizona University, White Earth Band of the submit one paper copy. Comments are shall publish annually in the Federal Minnesota Chippewa Tribe, to be identified with the docket number Register a list of recipients of Indian Minnesota. found in brackets in the heading of this Health Scholarships, including the name of each recipient, school and Avery, Shaela Ann, University of Utah document. Received comments may be College of Medicine, Navajo Nation, seen in the Division of Dockets Tribal affiliation, if applicable. These scholarships were awarded under the Arizona, New Mexico & Utah. Management between 9 a.m. and 4 p.m., Azure, Joan Marie, Dakota State College, authority of Sections 103 and 104 of the Monday through Friday. Turtle Mountain Band of Chippewa Indian Health Care Improvement Act, 25 Dated: December 22, 2009. Indians of North Dakota. U.S.C. 1613–1613a, as amended by the Azure, Krysten Ross, University of David Horowitz, Indian Health Care Amendments of North Dakota, Turtle Mountain Band Assistant Commissioner for Policy. 1988, Public Law 100–713. of Chippewa Indians of North Dakota. [FR Doc. E9–30872 Filed 12–29–09; 8:45 am] The following is a list of Indian Bacon, Kyle, Idaho State University BILLING CODE 4160–01–S Health Scholarship Recipients funded College of Pharmacy, Shoshone Tribe under Sections 103 and 104 for Fiscal of the Wind River Reservation, Year 2009: Wyoming.

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Barr, Eva Ann, Bacone College, United Brady, Meagan Leigh, University of Corbin, Christopher Neal, University of Keetoowah Band of Cherokee Indians Oklahoma Health Sciences Center, Oklahoma Health Sciences Center, in Oklahoma. Comanche Nation, Oklahoma. Cherokee Nation, Oklahoma. Barrett, Haley Nicole, University of Brandt, Monica Renea, University of Cummings, Samantha Joellen, Oklahoma Health Sciences Center, Oklahoma, Muscogee (Creek) Nation, University of Michigan, Oglala Sioux Cherokee Nation, Oklahoma. Oklahoma. Tribe of the Pine Ridge Reservation, Battese, Anthony Steven, Cameron Brewer, Cristie Shon, Clackamas South Dakota. University, Prairie Band of Community College, Cherokee Nation, Cuny, Ryan Wilson, University of Potawatomi Nation, Kansas. Oklahoma. Minnesota/Duluth, Sisseton- Beals, Charles Gregory, Oklahoma State Brisbois, Leaha, Washington State Wahpeton Sioux Tribe of the Lake University, Muscogee (Creek) Nation, University, Turtle Mountain Band of Traverse Reservation, South Dakota. Oklahoma. Chippewa Indians of North Dakota. Curley, Dustin M., East Central Beaver, Aaron Don, University of Brumley (Walker), Breanna Jo, University, Navajo Nation, Arizona, Oklahoma Health Sciences Center, University of Oklahoma Health New Mexico & Utah. Choctaw Nation, Oklahoma. Sciences Center, Cherokee Nation, Curley-Moses, Tiffany Dawn, Northern Beaver, Allen Don, University of Oklahoma. Arizona University, San Carlos Oklahoma Health Sciences Center, Buck Elk, Michael Warren, Montana Apache Tribe of the San Carlos Choctaw Nation of Oklahoma. State University, Crow Tribe of Reservation, Arizona. Beck, Dustin Ryan, Oklahoma State Montana. Davis, Brandy Darlene, Western University, Cherokee Nation, Burden-Greer, Katie Nicole, University Carolina University, Eastern Band of Oklahoma. of Oklahoma Health Sciences Center, Cherokee Indians of North Carolina. Begay, Mirielle Rose, University of New Muscogee (Creek) Nation, Oklahoma. Davis, Cassidy Wray, University of Mexico, Albuquerque, Navajo Nation, Butler, Collette Michelle, Arizona Oklahoma Health Sciences, Center, Arizona, New Mexico & Utah. School of Dentistry, Navajo Nation, Choctaw Nation of Oklahoma. Davis, Chance Wesley, University of Begay, Natalie, University of Arizona, New Mexico & Utah. Washington, Pueblo of Santa Clara, Calderon, Sophina Manheimer, Oklahoma Health Sciences Center, New Mexico. University of Rochester School of Choctaw Nation of Oklahoma. Davis, Deidrea Rose, Northern Arizona Begaye, Adrienne Marie, University of Medicine, Navajo Nation, Arizona, University, Navajo Nation, Arizona, Arizona College of Pharmacy, Navajo New Mexico & Utah. New Mexico & Utah. Nation, Arizona, New Mexico & Utah. Cardenas-Begaye, Dharshini, Dixie State Davis, Kayla Joyce, Boise State Begaye, Robbin L., Northern Arizona College of Utah, Navajo Nation, University, Bois Forte Band of the University, Navajo Nation, Arizona, Arizona, New Mexico & Utah. Minnesota Chippewa Tribe, New Mexico & Utah. Cavanaugh, Sarah, University of Mary, Minnesota. Benally, Charleen, New Mexico State Spirit Lake Tribe, North Dakota. Day, Autumn Ann, Kirksville College of University College of Nursing, Navajo Chatter, DeRay Jacob, Weber State Osteopathic Medicine, Leech Lake Nation, Arizona, New Mexico, Utah. University, Navajo Nation, Arizona, Band of the Minnesota Chippewa Benally, Taleisa Morgan, University of New Mexico & Utah. Tribe, Minnesota. New Mexico/Albuquerque, Navajo Clary, Zachary K., Oklahoma State De Vera, Melissa Myers, University of Nation, Arizona, New Mexico & Utah. University, Cherokee Nation, Nevada/Reno, Chippewa Cree Indians Bercier, Shellee, Turtle Mountain Oklahoma. of the Rocky Boy’s Reservation, Community College, Turtle Mountain Cleavenger, Aaron James, Everest Montana. Band of Chippewa Indians of North College, Chippewa Cree Indians of the Debo, Erica Kristin, Southwestern Dakota. Rocky Boy’s Reservation, Montana. Oklahoma State University, Choctaw Berger, Jessica Paulette, Montana State Cleavenger, Beth Ann, University of Nation of Oklahoma. University, Chippewa Cree Indians of Montana, Chippewa Cree Indians of Decker-Walks Over Ice, Amber Victoria, the Rocky Boy’s Reservation, the Rocky Boy’s Reservation, University of Montana, Confederated Montana. Montana. Salish & Kootenai of the Flathead Bighorse, Amanda Nicole, Oklahoma Coble, Leslie Ann, University of South Reservation, Montana. State University, Cherokee Nation, Dakota, Turtle Mountain Band of Dez, Desiderio, Northern Arizona Oklahoma. Chippewa Indians of North Dakota. University, Navajo Nation, Arizona, Blackburn, Jimmy, University of Cody, Leigh, Northern Arizona New Mexico & Utah. Oklahoma Health Sciences Center, University, Navajo Nation, Arizona, Dickson, Jamie Ruth, Salish Kootenai Choctaw Nation of Oklahoma. New Mexico & Utah. College, Navajo Nation, Arizona, New Blackfox, Sasha Denee, Cumberland Colclasure, Robin Lynn, Rogers State Mexico & Utah. University, Cherokee Nation, College, Cherokee Nation, Oklahoma. Diswood, Patricia Heather, University of Oklahoma. Colelay, Aletta Lynn, Northland Pioneer New Mexico, Navajo Nation, Arizona, Bolton-Baldwin, Marjorie Elsie, College, White Mountain Apache New Mexico & Utah. University of Alaska School of Tribe of the Fort Apache Reservation, Dolson, Charles William, College of St. Nursing, Native Village of Kotzebue, Arizona. Scholastica, Red Lake Band of Alaska. Collins, Sara Jane, University of Chippewa Indians, Minnesota. Borges, Laura Annabeth, University of Oklahoma, Cherokee Nation, Donaldson, Carrie Marie, University of Oklahoma, Choctaw Nation of Oklahoma. the Pacific, Village of Old Harbor Oklahoma. Coming Hay, April Johanna, Dickinson (Aleut), Alaska. Bost, Dekoda Kole, Oklahoma State State University, Three Affiliated Downum, Kyle Wilson, Northeastern University, Choctaw Nation of Tribes of the Fort Berthold State University, Peoria Tribe of Oklahoma. Reservation, North Dakota. Indians of Oklahoma. Boyd, Cassandra Iva, University of New Cook, Raymond Natonabah, University Draper, Melanie B., Excela Health Mexico, Navajo Nation, Arizona, New of New Mexico, Navajo Nation, School of Anesthesia, Cherokee Mexico & Utah. Arizona, New Mexico & Utah. Nation, Oklahoma.

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Drappeau, Donis Devoree, University of Gallagher, Shawna Fay, Wright Institute, Henry, David Edmond, Creighton South Dakota, Yankton Sioux Tribe of Klamath Indian Tribe of Oregon. University Dental School, Cherokee South Dakota. Garcia, Karen Gina, Kirksville College of Nation, Oklahoma. Duncan, Caleb Jerome, Southwestern Osteopathic Medicine, Pit River Tribe Hernandez, Carmen Marie, Midwestern Oklahoma State University, Cherokee (Montgomery Creek), California. State University, Kiowa Indian Tribe Nation, Oklahoma. Garland (Greenwood), Karen L., of Oklahoma. Duncan, Colette Renee, Simmons Southwestern Oklahoma State Herron (Sherman), Lisa Renee, College, Choctaw Nation of University, Cherokee Nation, University of Minnesota College of Oklahoma. Oklahoma. Pharmacy, Leech Lake Band of the Endischee, Flonda, University of New Garrison, Bijiibaa Kristin, Harvard Minnesota Chippewa Tribe, Mexico, Navajo Nation, Arizona, New Medical School, Navajo Nation, Minnesota. Mexico & Utah. Arizona, New Mexico & Utah. Heth, Talara K., Connors State College, Enfield, Donna Estella, College of St. Gates, Khrys W., University of Missouri/ Cherokee Nation, Oklahoma. Catherine, Choctaw Nation of St. Louis, Cherokee Nation, Hicks, Lucretia, Wake Forest University, Oklahoma. Oklahoma. Eastern Band of Cherokee Indians of English, Brittany Renee, University of Gee, Jodi Leigh, University of New North Carolina. Oklahoma Health Sciences Center, Mexico, Navajo Nation, Arizona, New Hill, Kyle Xavier, University of North Cherokee Nation, Oklahoma. Mexico & Utah. Dakota, Turtle Mountain Band of Enix, Jessica Lea, University of Gilmore, Jesicah Marie, University of Chippewa Indians of North Dakota. Oklahoma Health Sciences Center, Oklahoma Health Sciences Center, Hinkle, Brian A., Southwestern Choctaw Nation of Oklahoma. Chickasaw Nation, Oklahoma. Oklahoma State University, Cherokee Evans, Amanda Lorna, University of Gipp, Chenoa R.., University of North Nation, Oklahoma. Montana, Confederated Salish & Dakota, Standing Rock Sioux Tribe of Holguin, Guadalupe Joseph, Arizona Kootenai of the Flathead Reservation, North & South Dakota. State University, Pascua Yaqui Tribe Montana. Gladden, Emily, Midwestern University, of Arizona. Evans, Crystalle M., Oklahoma State Navajo Nation, Arizona, New Mexico Horn, Tara Jo, Montana State University University, Cherokee Nation of & Utah. School of Nursing, Blackfeet Tribe of Oklahoma. Good, Jennifer Lynn, University of the Blackfeet Indian Reservation of Faram, Ronald Chad, University of North Dakota, Turtle Mountain Band Montana. Oklahoma Health Sciences Center, of Chippewa Indians of North Dakota. Howard, Audrey L., Connors State Choctaw Nation of Oklahoma. College, United Keetoowah Band of Gourneau, Jeremy L, University of North Fitzl, Robin A., Rogers State College, Cherokee Indians in Oklahoma. Dakota, Turtle Mountain Band of Choctaw Nation of Oklahoma. Huff, Zachary Wade, University of Chippewa Indians of North Dakota. Fleming, Travis James, Southwestern Oklahoma Health Sciences Center, Gower, Shanon R., Southwestern Oklahoma State University, Cherokee Choctaw Nation of Oklahoma. Oklahoma State University, Cherokee Nation, Oklahoma. Humphers, Jon Michael, Des Moines Nation, Oklahoma. Ford-Bremerman, Jessica Louise, University, Chickasaw Nation, University of Washington School of Grabowski, Laura Anne, Marquette Oklahoma. Dentistry, Confederated Tribes and University, Choctaw Nation of Humphreys-Deschiney, Christina Lilly, Bands of the Yakama Nation, Oklahoma. University of St. Francis, Navajo Washington. Green-Van De Streek, Sarah Elizabeth, Nation, Arizona, New Mexico & Utah. Forrester, Ross L., Northeastern State North Dakota State University, White Hunnicutt, Rita Ann, Oklahoma Baptist University, Cherokee Nation, Earth Band of the Minnesota University, Citizen Potawatomi Oklahoma. Chippewa Tribe, Minnesota. Nation, Oklahoma. Foruria, Georgianna, University of Guilbert, Danielle A., Mayville State Ivey, Julie Anne, University of New Alaska Southeast, Central Council of University, Turtle Mountain Band of England, Houlton Band of Maliseet Tlingit & Haida Indian Tribes, Alaska. Chippewa Indians of North Dakota. Indians of Maine. Foster, Alexandria L., Southwestern Hajicek, Jodi Lynn, University of North Iyott, John Phillip, Alliant International Oklahoma State University, Muscogee Dakota, Turtle Mountain Band of University, Rosebud Sioux Tribe of (Creek) Nation, Oklahoma. Chippewa Indians of North Dakota. the Rosebud Indian Reservation, Foster, James Ray, University of Harp, Emma Beth, Oklahoma State South Dakota. Oklahoma Health Sciences Center, University, Cherokee Nation, Jackson, Todd Alan, University of Cherokee Nation, Oklahoma. Oklahoma. Oklahoma Health Sciences Center, Frazier, Hunter L., University of Harrison, Lisa Lizette, Mid-State Choctaw Nation of Oklahoma. Colorado School of Dentistry/Denver, Technical College, Ho-Chunk Nation Jaramillo, Ernest Benjamin, Central New Cherokee Nation, Oklahoma. of Wisconsin. Mexico Community College, Pueblo of Frederick, Denise, Cankdeska Cikana Hatchett, Sandra Leah, University of Acoma, New Mexico. Community College, Spirit Lake Colorado/Denver, Oglala Sioux Tribe Jensen, Kelsey Nicole, Arizona State Tribe, North Dakota. of the Pine Ridge Reservation, South University, Oglala Sioux Tribe of the Freeling, Catherine Jane, University of Dakota. Pine Ridge Reservation, South Dakota. Oklahoma Health Sciences Center, Hatley, Jonathan M., Northeastern State Jensen, Maximillion, University of New Cherokee Nation, Oklahoma. University, Muscogee (Creek) Nation, Mexico, Navajo Nation, Arizona, New Frizzell, Felicia, University of the Oklahoma. Mexico & Utah. Pacific, Mescalero Apache Tribe of Hatton, Bobby Shane, East Central Jim, Leroy, The Fielding Institute, the Mescalero Reservation, New University, Chickasaw Nation, Navajo Nation, Arizona, New Mexico Mexico. Oklahoma. & Utah. Frost, Jerrod Caloway, Southwestern Hayes, Teresa A., Southwestern Johnson, Blakely Elizabeth, University Oklahoma State University, Cherokee Oklahoma State University, Cherokee of Arkansas, Cherokee Nation, Nation, Oklahoma. Nation, Oklahoma. Oklahoma.

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Johnston, Kristen Denae, University of Lee, Jared J., Arizona State University, McDaniels, Christopher Michael, Oklahoma Health Sciences Center, White Mountain Apache Tribe of the Northeastern State University, Muscogee (Creek) Nation, Oklahoma. Fort Apache Reservation, Arizona. Cherokee Nation, Oklahoma. Jojola, Nicole, Northland Pioneer Lee, Jhanna, Drexel University, McDonald, Kathryn Elizabeth, Northern College, Hopi Tribe of Arizona. Onondaga Nation of New York. Arizona University, Navajo Nation, Jones, Carman R., University of North Lee, Sonya Tere, Weber State Arizona, New Mexico & Utah. Dakota, Choctaw Nation of Oklahoma. University, Navajo Nation, Arizona, McEvoy, Kathryn Ann, University of Jones, Heather A., Northeastern State New Mexico & Utah. North Dakota, Cherokee Nation, University, Choctaw Nation of LeMaster, Robbi Lynn, University of Oklahoma. Oklahoma. Iowa, Santee Sioux Tribe of the McLemore, Alison Denise, Jones, Tamra Shay, Creighton University Santee Reservation of Nebraska. Southwestern Oklahoma State Dental School, Navajo Nation, Lerche, Kathryn Addie, Michigan University, Cherokee Nation, Arizona, New Mexico & Utah. Technological University, Sault Ste. Oklahoma. Kabotie, Margaret Alicia, Northern Marie Tribe of Chippewa Indians of Means, Darrin Curtis, Tulsa Community Arizona University, Hopi Tribe of Michigan. College, Cherokee Nation, Oklahoma. Arizona. Light, Jessica L., Dakota State Meeks, Kayla Don, University of Kaiser, Morgan Lynn, North Dakota University, Cheyenne River Sioux Oklahoma Health Sciences Center, State University, White Earth Band of Tribe of the Cheyenne River Chickasaw Nation, Oklahoma. the Minnesota Chippewa Tribe, Reservation, South Dakota. Mesteth, Connally (Connie) Marie, Minnesota. Livingston, Carole Ann, Argosy University of Colorado Health Kane, Marie A., University of Montana, University/Eagan, Bad River Band of Sciences Center, Oglala Sioux Tribe of Arapahoe Tribe of the Wind River the Lake Superior Tribe of Chippewa the Pine Ridge Reservation, South Reservation, Wyoming. Indians of the Bad River Reservation, Dakota. Kaye, Justin B., University of New Wisconsin. Middleton, Kelly Diane, University of Mexico, Navajo Nation, Arizona, New Longhurst, William D., University of Alabama/Birmingham, Choctaw Mexico & Utah. North Dakota, Navajo Nation, Nation of Oklahoma. Kee, Timothy W., University of Rhode Mika, Krista Leigh, University of Arizona, New Mexico & Utah. Island, Assiniboine & Sioux Tribes of Love, Socia Nicole, University of Minnesota/Duluth, Bad River Band of the Fort Peck Indian Reservation, Minnesota/Duluth, Cherokee Nation, the Lake Superior Tribe of Chippewa Montana. Oklahoma. Indians of the Bad River Reservation, Ketcher, John M., Southern College of Maddox, Gregory John, Cornell Wisconsin. Optometry, Cherokee Nation, Miles, Rachelle Ranee, University of University Medical College, Choctaw Oklahoma. South Dakota, Navajo Nation, Key, Cody Ryan, University of Nation of Oklahoma. Maleport, Marcy Marlene, Lake Superior Arizona, New Mexico & Utah. Oklahoma Health Sciences Center, Miller, John Ross, Oklahoma State State College, Sault Ste. Marie Tribe Choctaw Nation of Oklahoma. University, Cherokee Nation, of Chippewa Indians of Michigan. Kirk, Brant Evan, Oregon Health Oklahoma. Sciences University, Klamath Indian Mannila, Anthony Lee, College of St. Mode, Jessica Lois, Harding University, Tribe of Oregon. Scholastica, Bad River Band of the Choctaw Nation of Oklahoma. Knight-Brown, Miranda Dawn, Lake Superior Tribe of Chippewa Morris, Gerald Wayne, Indiana University of Minnesota/Duluth, Indians of the Bad River Reservation, University School of Medicine, Cherokee Nation, Oklahoma. Wisconsin. Pokagon Band of Potawatomi Indians, Kurley, Stanley, A.T. Still University, Marquis, Stacie Lee, Lourdes College, Michigan and Indiana. White Mountain Apache Tribe of the Citizen Potawatomi Nation, Mote, Mary, University of Oklahoma Fort Apache Reservation, Arizona. Oklahoma. Health Sciences Center, Chickasaw Lamb, Bianca Irene, Texas A&M Marvel, Lindsey, Indiana University/ Nation, Oklahoma. University, Lipan Apache Tribe of Bloomington, Caddo Indian Tribe of Mowrey, Sara Ann, University of Texas (State-recognized). Oklahoma. Oklahoma Health Sciences Center, Landgren, Shanna Rachelle, University Mason, Caley, University of Montana, Muscogee (Creek) Nation, Oklahoma. of North Dakota, Bois Forte Band of Three Affiliated Tribes of the Fort Mulanax, Jamie Lynn, Kansas City the Minnesota Chippewa Tribe, Berthold Reservation, North Dakota. University of Medicine & Biosciences, Minnesota. Massie, Alissa Louise, Arcadia Citizen Potawatomi Nation, Lane, Dakotah C., Cornell University University, Sault Ste. Marie Tribe of Oklahoma. Medical College, Lummi Tribe of the Chippewa Indians of Michigan. Mullican, Faye L., Connors State Lummi Reservation, Washington. Matlock, Jazmin, Oklahoma State College, Cherokee Nation, Oklahoma. Larney, Kristi Tafv, Southwestern University, Cherokee Nation, Murray, Sara Emily, University of Oklahoma State University, Seminole Oklahoma. Oklahoma Health Sciences Center, Nation of Oklahoma. Matthews, William Burt Lewis, Choctaw Nation of Oklahoma. Lauderdale, Lisa Ann, University of University of Oklahoma Health Myers, Sarah E., Vanderbilt University Oklahoma Health Sciences Center, Sciences Center, Cherokee Nation, School of Nursing, Cherokee Nation, Kickapoo Tribe of Oklahoma. Oklahoma. Oklahoma. Laughlin, Tawnya Rae, University of Mayahi, Naseam, University of Nevada/ Nelson, Joseph Jake, Central Washington New Mexico/Gallup, Navajo Nation, Las Vegas, Seminole Nation of University, Confederated Tribes and Arizona, New Mexico & Utah. Oklahoma. Bands of the Yakama Nation, Laurence, Kami Lynn, University of Mayo, Joshua Allen, University of Washington. Colorado Dental School, Navajo Oklahoma Health Sciences Center, Nelson, Tiara Novelle, Minnesota State Nation, Arizona, New Mexico & Utah. Choctaw Nation of Oklahoma. University/Moorhead, Red Lake Band Lee, Christa Nicole, Arizona State McCorkle, Cody W., University of of Chippewa Indians, Minnesota. University, Navajo Nation, Arizona, Minnesota/Duluth, Citizen Newbrough, Deidra Dawn, Colorado New Mexico & Utah. Potawatomi Nation, Oklahoma. State University, Cheyenne River

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Sioux Tribe of the Cheyenne River Powell, Rachel Leah, University of Schultheiss, Lindsey B., Hardin- Reservation, South Dakota. Oklahoma Health Sciences Center, Simmons University, Cherokee Nix, Micah Douglass, Oklahoma State Cherokee Nation, Oklahoma. Nation, Oklahoma. University, Cherokee Nation, Preston, Drew Alan, University of Shadaram, Sara Roya, University of Oklahoma. California School of Dentistry/Los Oklahoma Health Sciences Center, Not Afraid, Rosebud Faith, Montana Angeles, Navajo Nation, Arizona, New Cheyenne and Arapaho Tribes of State University/Bozeman, Crow Mexico & Utah. Oklahoma. Tribe of Montana. Ramirez, Amanda Jo, Oklahoma City Shaughnessy, Catherine Faith, Alliant Nunez, Euila Diane, New Mexico State University, Muscogee (Creek) Nation, International University, Muscogee University College of Nursing, Pueblo Oklahoma. (Creek) Nation, Oklahoma. of Laguna, New Mexico. Rangel, Tammy Ann, Paris Junior Shirleson, Jamie Ruth Morgan, Arizona O’Brien, Nancy Sue, Arizona State College, Choctaw Nation of State University Navajo Nation, University, Cherokee Nation, Oklahoma. Arizona, New Mexico & Utah. Oklahoma. Reed III, William M., University of Shirley, Jeremy, Arizona State O’Connell, Meghan Curry, University of Oklahoma Health Sciences Center, University Navajo Nation, Arizona, Washington, Cherokee Nation, Citizen Potawatomi Nation, New Mexico & Utah. Oklahoma. Oklahoma. Short, Kayleigh Ann, Arizona School of Old Elk, Chelsey Dionne, University of Rice, Charan Norwakis, Xavier Dentistry, Petersburg Indian Montana, Crow Tribe of Montana. University of Louisiana, Pawnee Association, Alaska. Oldacre, Matt Lance, University of Nation of Oklahoma. Shoup, Deanna Michelle, South Dakota Oklahoma Health Sciences Center, Rico, Jennifer Rebecca Rose, Oklahoma School of Mines & Technology, Cherokee Nation, Oklahoma. City University, Caddo Indian Tribe of Rosebud Sioux Tribe of the Rosebud Ostagard, Estelle Anne, University of Oklahoma. Indian Reservation, South Dakota. North Dakota, Turtle Mountain Band Roberts, Addison Pierce, University of Silversmith, Lenora Rose, University of of Chippewa Indians of North Dakota. Oklahoma, Cherokee Nation, New Mexico/Gallup, Navajo Nation, Parker, Mahate Ann, University of North Oklahoma. Arizona, New Mexico & Utah. Dakota, Chickasaw Nation, Oklahoma. Robinson, Riesa Lynne, University of Singer, Cheryle A., Arizona School of Paul, Patsy A., Gateway Community Massachusetts/Boston, Hopi Tribe of Dentistry, Navajo Nation, Arizona, College, Navajo Nation, Arizona, New Arizona. New Mexico & Utah. Roecker, Whitney Ellen, University of Mexico & Utah. Skan, Jordan Dewey, University of Pearish, Loni Dawn, Oklahoma State Arkansas/Fayetteville, Cherokee Alaska/Fairbanks, Ketchikan Indian University, Cherokee Nation, Nation, Oklahoma. Corporation, Alaska. Oklahoma. Roselius, Kassi, University of North Slate, Megan, Northeastern State Pebworth, Destiny, East Central Dakota, Citizen Potawatomi Nation, University, Cherokee Nation, University, Choctaw Nation of Oklahoma. Oklahoma. Ross, Matthew, University of Southern Oklahoma. Peltier, Luke Joseph, North Dakota State California, Cherokee Nation, Small, Jade Derek, Charles Drew University, Turtle Mountain Band of Oklahoma. University of Medicine & Science, Chippewa Indians of North Dakota. Rumsey, Matthew C., University of Northern Cheyenne Tribe of the Peltier, Michelle Marie, University of South Dakota, Osage Tribe, Northern Cheyenne Indian North Dakota, Turtle Mountain Band Oklahoma. Reservation, Montana. of Chippewa Indians of North Dakota. Running Hawk, Lacey Marie, University Smith, Jana Renee, University of Perryman, Russell C., University of of Minnesota/Duluth, Standing Rock Oklahoma Health Sciences Center, Tulsa, Muscogee (Creek) Nation, Sioux Tribe of North & South Dakota. Cherokee Nation, Oklahoma. Oklahoma. Saladin, Elizabeth Jane, Howard Smith, Samantha Jenny, University of Peshlakai, Karshira Fallon, University of University College of Medicine, New Mexico, Navajo Nation, Arizona, New Mexico/Gallup, Navajo Nation, Seminole Nation of Oklahoma. New Mexico & Utah. Arizona, New Mexico & Utah. Salas, Lenora D., Central New Mexico Smith, Tanya R. Salish Kootenai Peterson-Lewis, Annie May, University Community College, Pueblo of Zia, College, Apache Tribe of Oklahoma. of Alaska/Anchorage, Village of Old New Mexico. Smith, Taylor Brooke, Southwestern Harbor (Aleut), Alaska. Saltclah, Shannon Marie, University of Oklahoma State University, Cherokee Platero, Miriam, Northern Arizona New Mexico, Navajo Nation, Arizona, Nation, Oklahoma. University, Navajo Nation, Arizona, New Mexico & Utah. Snider (Ragsdale), Allison L., Southwest New Mexico & Utah. Sandoval, Adrian Kyle, Creighton Baptist University, Cherokee Nation, Pletnikoff, Elise Marie, University of University, Navajo Nation, Arizona, Oklahoma. Washington, Sun’aq Tribe of Kodiak, New Mexico & Utah. Sparks, Aaron D., University of (formerly Shoonaq’ Tribe of Kodiak), Scantlen, Marty R., University of Montana/Missoula, Fort Belknap Alaska. Oklahoma Health Sciences Center, Indian Community of the Fort Poitra, Berry James, North Dakota State Kiowa Indian Tribe of Oklahoma. Belknap Reservation of Montana. University, Turtle Mountain Band of Scheurer, Mallory, University of St. Goddard, Marcia Lunn, University of Chippewa Indians of North Dakota. Arkansas/Fayetteville, Cherokee Montana/Missoula, Blackfeet Tribe of Poorbuffalo, Shanna, East Central Nation, Oklahoma. the Blackfeet Indian Reservation of University, Choctaw Nation of Schlender, Margaret Marie, University Montana. Oklahoma. of Wisconsin, Lac Courte Oreilles Stamile, Zachary Peter, University of Porter, Billy Garrison, East Central Band of Lake Superior Chippewa Oklahoma Health Sciences Center, University, Seminole Nation of Indians of Wisconsin. Chickasaw Nation, Oklahoma. Oklahoma. Schlotthauer, Rachael Joy, Loma Linda Stimson, Danielle Rain, University of Porter, Rachael Kristin, University of University, Cheyenne River Sioux Washington School of Dentistry, Oklahoma Health Sciences Center, Tribe of the Cheyenne River Blackfeet Tribe of the Blackfeet Indian Cherokee Nation, Oklahoma. Reservation, South Dakota. Reservation of Montana.

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Tabor, Aaron Austin, University of Wallace, Tricia Alane, University of Williams, Jennifer Brooke, Washington Oklahoma Health Sciences Center, New Mexico/Gallup, Zuni Tribe of the University School of Medicine, Cherokee Nation, Oklahoma. Zuni Reservation, New Mexico. Choctaw Nation of Oklahoma. Tarbell, Stephen Charles, University of Walls, Nicholas Damond, University of Williams, Matthew John, Indiana Buffalo, St. Regis Band of Mohawk Oklahoma Health Sciences Center, University Dental School, Pribilof Indians of New York. Choctaw Nation of Oklahoma. Islands Aleut Communities of St. Paul Taylor, Tara Lynn, Lewis and Clark Warwick, Rochelle L., University of & St. George Islands, Alaska. State College, Nez Perce Tribe of Wisconsin/Eau Claire, Lac Courte Williams, Zachariah Frank, University Idaho. Oreilles Band of Lake Superior of Oklahoma Health Sciences Center, Taylor, Valerie Michelle, Oklahoma Chippewa Indians of Wisconsin. Cherokee Nation, Oklahoma. State University, Wyandotte Tribe of Waseta, Shawn Ray, Central New Wilson, Megan Breffney, Oklahoma Oklahoma. Mexico Community College, Zuni State University, Muscogee (Creek) Teel, Jena Beth, University of Oklahoma Tribe of the Zuni Reservation, New Nation, Oklahoma. Health Sciences Center, Cherokee Mexico. Yazzie, Marla Jana, University of Nation, Oklahoma. Waters, Jonathan Michael, University of Arizona, Navajo Nation, Arizona, New Thrasher, Carrie Ella, California State Texas Medical School/Houston, Mexico & Utah. University/Long Beach, Choctaw Choctaw Nation of Oklahoma. FOR FURTHER INFORMATION CONTACT: The Nation of Oklahoma. Watt, Calin Larhee, University of Indian Health Service Scholarship Tincher, Amber Nicole, University of Oklahoma, Cherokee Nation, Branch, 801 Thompson Avenue, Suite North Dakota,, Assiniboine & Sioux Oklahoma. 120, Rockville, Maryland 20852, Tribes of the Fort Peck Indian Watts, Brandi Kay, University of Telephone: (301) 443–6197, Fax: (301) Reservation, Montana. Oklahoma Health Sciences Center, 443–6048. Tom, Michelle, Nova Southeastern Choctaw Nation of Oklahoma. Date: December 17, 2009. University, Navajo Nation, Arizona, Webster, Elisha Elyse, Creighton Randy Grinnell, New Mexico & Utah. University, Yankton Sioux Tribe of Tom, Nicole C., University of New South Dakota. Deputy Director, Indian Health Service. Mexico/Gallup, Navajo Nation, Welch, Leeann Sue, Arizona School of [FR Doc. E9–30945 Filed 12–29–09; 8:45 am] Arizona, New Mexico & Utah. Dentistry, Central Council of Tlingit & BILLING CODE 4165–16–P Tomosie, Pearlyn G. University of North Haida Indian Tribes, Alaska. Dakota, Hopi Tribe of Arizona. Welsh, Dale William, University of Utah Townsend, Travis J., University of New School of Medicine, Sault Ste. Marie DEPARTMENT OF HEALTH AND Mexico/Albuquerque, Pueblo of Tribe of Chippewa Indians of HUMAN SERVICES Acoma, New Mexico. Tsabetsaye, Jessica Lucillia, University Michigan. National Institutes of Health Westlake, Julianne Camille, Gonzaga of St. Francis, Zuni Tribe of the Zuni University, Native Village of Kiana, Reservation, New Mexico. National Institute of Diabetes and Tso, Crescentia Rose, Arizona State Alaska. Digestive and Kidney Diseases; Notice University Navajo Nation, Arizona, Wheeless, Leslie Amanda, Yale of Closed Meeting University School of Nursing, New Mexico & Utah. Pursuant to section 10(d) of the Tsosie, Cynthia, Northern Arizona Ketchikan Indian Corporation, Alaska. Federal Advisory Committee Act, as University, Navajo Nation, Arizona, Whistler, Brett, University of South amended (5 U.S.C. App.), notice is New Mexico & Utah. Dakota, Citizen Potawatomi Nation, hereby given of the following meeting. Turner, Stephen Matthew, University of Oklahoma. The meeting will be closed to the Minnesota College of Pharmacy, White, Jenifer Lorraine, Northeastern public in accordance with the White Earth Band of the Minnesota Oklahoma State University, Cherokee provisions set forth in sections Chippewa Tribe, Minnesota. Nation, Oklahoma. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Velarde, Susan A., University of New White, Kristin Rae, University of New as amended. The grant applications and Mexico, Jicarilla Apache Nation, New Mexico/Gallup, Navajo Nation, the discussions could disclose Mexico Arizona, New Mexico & Utah. Vernon, Lauren E., Rose State College, Whitehair, Lance, University of confidential trade secrets or commercial Cherokee Nation, Oklahoma. Minnesota/Duluth, Navajo Nation, property such as patentable material, Waite, Jeremy Kenneth, Idaho State Arizona, New Mexico & Utah. and personal information concerning University College of Pharmacy, Whitener, Henry Jake, Northeastern individuals associated with the grant Native Village of Nunapitchuk, State University, United Keetoowah applications, the disclosure of which Alaska. Band of Cherokee Indians in would constitute a clearly unwarranted Walker, Krystina, University of Oklahoma. invasion of personal privacy. Oklahoma Health Sciences Center, Whitsitt, Adam Douglas, Midwestern Name of Committee: National Institute of Cherokee Nation, Oklahoma. University, Choctaw Nation of Diabetes and Digestive and Kidney Diseases Walker, Pearl, Bemidji State University, Oklahoma. Special Emphasis Panel; Career Development Standing Rock Sioux Tribe of North & Wilbourn, Whitney Dawn, University of Grant Review Meeting. South Dakota. Arkansas, Cherokee Nation, Date: January 21, 2010. Walker, Tyson, Shasta College, White Oklahoma. Time: 12 p.m. to 1:30 p.m. Mountain Apache Tribe of the Fort Wilch-Tweten, Saundra Whitney Agenda: To review and evaluate grant Apache Reservation, Arizona. Madeline, Western Iowa Technical applications. Community College, Sisseton- Place: National Institutes of Health, Two Walker-Ben, Valerie, University of New Democracy Plaza, 6707 Democracy Mexico/Gallup, Navajo Nation, Wahpeton Sioux Tribe of the Lake Boulevard, Bethesda, MD 20892 (Telephone Arizona, New Mexico & Utah. Traverse Reservation, South Dakota. Conference Call). Wallace, Roseann Marie, University of Wiley, Matthew Hallett, Oklahoma State Contact Person: John F. Connaughton, PhD, Oklahoma Health Sciences Center, University, Muscogee (Creek) Nation, Chief, Chartered Committees Section, Review Muscogee (Creek) Nation, Oklahoma. Oklahoma. Branch, DEA, NIDDK, National Institutes of

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Health, Room 753, 6707 Democracy Contact Person: Alicia J. Dombroski, PhD, Place: St. Regis, Washington, DC, 923 16th Boulevard, Bethesda, MD 20892–5452, (301) Director, Division of Extramural Activities, and K Streets, NW., Washington, DC 20006. 594–7797, National Institute of Dental and Craniofacial Contact Person: Lynn Rust, Ph.D, Scientific [email protected]. Research, National Institutes of Health, Review Officer, Scientific Review Program, (Catalogue of Federal Domestic Assistance Bethesda, MD 20892. Division of Extramural Activities, NIAID/ Program Nos. 93.847, Diabetes, Information is also available on the NIH/DHHS, 6700B Rockledge Drive, MSC Endocrinology and Metabolic Research; Institute’s/Center’s home page: http:// 7616, Bethesda, MD 20892, (301) 402–3938, 93.848, Digestive Diseases and Nutrition www.nidcr.nih.gov/about, where an agenda [email protected]. Research; 93.849, Kidney Diseases, Urology and any additional information for the (Catalogue of Federal Domestic Assistance and Hematology Research, National Institutes meeting will be posted when available. Program Nos. 93.855, Allergy, Immunology, of Health, HHS) (Catalogue of Federal Domestic Assistance and Transplantation Research; 93.856, Program Nos. 93.121, Oral Diseases and Microbiology and Infectious Diseases Dated: December 22, 2009. Disorders Research, National Institutes of Research, National Institutes of Health, HHS) Jennifer Spaeth, Health, HHS) Dated: December 22, 2009. Director, Office of Federal Advisory Dated: December 22, 2009. Committee Policy. Jennifer Spaeth, Jennifer Spaeth, [FR Doc. E9–30859 Filed 12–29–09; 8:45 am] Director, Office of Federal Advisory Director, Office of Federal Advisory Committee Policy. BILLING CODE 4140–01–P Committee Policy. [FR Doc. E9–30862 Filed 12–29–09; 8:45 am] [FR Doc. E9–30856 Filed 12–29–09; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P HUMAN SERVICES DEPARTMENT OF HEALTH AND National Institutes of Health DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES National Institute of Dental & National Institutes of Health Craniofacial Research; Notice of National Institutes of Health Meeting Eunice Kennedy Shriver National National Institute of Allergy and Institute of Child Health & Human Pursuant to section 10(d) of the Infectious Diseases; Notice of Closed Development; Notice of Closed Federal Advisory Committee Act, as Meetings Meeting amended (5 U.S.C. App.), notice is Pursuant to section 10(d) of the hereby given of a meeting of the Federal Advisory Committee Act, as Pursuant to section 10(d) of the National Advisory Dental and amended (5 U.S.C. App.), notice is Federal Advisory Committee Act, as Craniofacial Research Council. hereby given of the following meetings. amended (5 U.S.C. App.), notice is The meeting will be open to the The meetings will be closed to the hereby given of the following meeting. public as indicated below, with public in accordance with the The meeting will be closed to the attendance limited to space available. provisions set forth in sections public in accordance with the Individuals who plan to attend and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections need special assistance, such as sign as amended. The contract proposals and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., language interpretation or other the discussions could disclose as amended. The grant applications and reasonable accommodations, should confidential trade secrets or commercial the discussions could disclose notify the Contact Person listed below property such as patentable material, confidential trade secrets or commercial in advance of the meeting. and personal information concerning property such as patentable material, The meeting will be closed to the individuals associated with the contract and personal information concerning public in accordance with the proposals, the disclosure of which individuals associated with the grant provisions set forth in sections would constitute a clearly unwarranted applications, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. would constitute a clearly unwarranted invasion of personal privacy. as amended. The grant applications and Name of Committee: National Institute of the discussions could disclose Allergy and Infectious Diseases Special Name of Committee: National Institute of confidential trade secrets or commercial Emphasis Panel; ‘‘Infectious Disease Trials Child Health and Human Development property such as patentable material, A’’. Special Emphasis Panel, Screening for and personal information concerning Date: February 1, 2010. Inherited Disorders. individuals associated with the grant Time: 8 a.m. to 5 p.m. Date: January 20, 2010. Agenda: To review and evaluate contract Time: 1 p.m. to 4 p.m. applications, the disclosure of which proposals. Agenda: To review and evaluate grant would constitute a clearly unwarranted Place: St. Regis, Washington, DC, 923 16th applications. invasion of personal privacy. and K Streets, NW., Washington, DC 20006. Place: National Institutes of Health, 6100 Name of Committee: National Advisory Contact Person: Lynn Rust, Ph.D, Scientific Executive Boulevard, Room 5B01, Rockville, Dental and Craniofacial Research Council. Review Officer, Scientific Review Program, MD 20852. (Telephone Conference Call.) Date: January 25, 2010. Division of Extramural Activities, NIAID/ Contact Person: Neelakanta Ravindranath, Open: 8:30 a.m. to 11:15 a.m. NIH/DHHS, 6700B Rockledge Drive, MSC PhD, Scientific Review Officer, Division of Agenda: Report to the Director, NIDCR. 7616, Bethesda, MD 20892, (301) 402–3938, Scientific Review, Eunice Kennedy Shriver Place: National Institutes of Health, [email protected]. National Institute of Child Health and Building 31C, 31 Center Drive, 6th Floor, Name of Committee: National Institute of Human Development, 6100 Executive Blvd., Conference Room 10, Bethesda, MD 20892. Allergy and Infectious Diseases Special Room 5B01G, Bethesda, MD 20892–7510. Closed: 11:30 AM to adjournment. Emphasis Panel; ‘‘Infectious Disease Trials 301–435–6889. Agenda: To review and evaluate grant B’’. (Catalogue of Federal Domestic Assistance applications. Date: February 2, 2010. Program Nos. 93.864, Population Research; Place: National Institutes of Health, Time: 8 a.m. to 5 p.m. 93.865, Research for Mothers and Children; Building 31C, 31 Center Drive, 6th Floor, Agenda: To review and evaluate contract 93.929, Center for Medical Rehabilitation Conference Room 10, Bethesda, MD 20892. proposals. Research; 93.209, Contraception and

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Infertility Loan Repayment Program, National Name of Committee: Surgical Sciences, Interventions Committee for Disorders Institutes of Health, HHS) Biomedical Imaging and Bioengineering Involving Children and Their Families. Integrated Review Group, Surgery, Date: February 16, 2010. Dated: December 22, 2009. Anesthesiology and Trauma Study Section. Time: 8:30 a.m. to 5 p.m. Jennifer Spaeth, Date: January 27–28, 2010. Agenda: To review and evaluate grant Director, Office of Federal Advisory Time: 10 a.m. to 5 p.m. applications. Committee Policy. Agenda: To review and evaluate grant Place: Hyatt Regency Bethesda, One [FR Doc. E9–30888 Filed 12–29–09; 8:45 am] applications. Bethesda Metro Center, 7400 Wisconsin Place: Bahia Resort Hotel, 998 W. Mission Avenue, Bethesda, MD 20814. BILLING CODE 4140–01–P Bay Drive, San Diego, CA 92109. Contact Person: David I. Sommers, PhD, Contact Person: Weihua Luo, MD, PhD, Scientific Review Officer, Division of Scientific Review Officer, Center for Extramural Activities, National Institute of DEPARTMENT OF HEALTH AND Scientific Review, National Institutes of Mental Health, National Institutes of Health, HUMAN SERVICES Health, 6701 Rockledge Drive, Room 5114, 6001 Executive Blvd., Room 6154, MSC 9609, MSC 7854, Bethesda, MD 20892, (301) 435– Bethesda, MD 20892–9606, 301–443–7861, National Institutes of Health 1170, [email protected]. [email protected]. (Catalogue of Federal Domestic Assistance Name of Committee: National Institute of Center for Scientific Review; Notice of Program Nos. 93.306, Comparative Medicine; Mental Health Initial Review Group; Mental Closed Meetings 93.333, Clinical Research, 93.306, 93.333, Health Services in Non-Specialty Settings. 93.337, 93.393–93.396, 93.837–93.844, Date: February 16–17, 2010. Pursuant to section 10(d) of the 93.846–93.878, 93.892, 93.893, National Time: 8 a.m. to 5 p.m. Federal Advisory Committee Act, as Institutes of Health, HHS) Agenda: To review and evaluate grant applications amended (5 U.S.C. App.), notice is Dated: December 22, 2009. Place: Melrose Hotel, 2430 Pennsylvania hereby given of the following meetings. Jennifer Spaeth, Ave., NW., Washington, DC 20037. The meetings will be closed to the Director, Office of Federal Advisory Contact Person: Aileen Schulte, PhD, public in accordance with the Committee Policy. Scientific Review Officer, Division of provisions set forth in sections [FR Doc. E9–30882 Filed 12–29–09; 8:45 am] Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., BILLING CODE 4140–01–P 6001 Executive Blvd., Room 6140, MSC 9608, as amended. The grant applications and Bethesda, MD 20892–9608, 301–443–1225, the discussions could disclose [email protected]. confidential trade secrets or commercial DEPARTMENT OF HEALTH AND Name of Committee: National Institute of property such as patentable material, HUMAN SERVICES Mental Health Initial Review Group; Mental and personal information concerning Health Services in MH Specialty Settings. individuals associated with the grant National Institutes of Health Date: February 18, 2010. Time: 8:30 a.m. to 5 p.m. applications, the disclosure of which National Institute of Mental Health; would constitute a clearly unwarranted Agenda: To review and evaluate grant Notice of Closed Meetings applications. invasion of personal privacy. Place: The Mandarin Oriental, 1330 Name of Committee: Center for Scientific Pursuant to section 10(d) of the Maryland Avenue, SW., Washington, DC Review Special Emphasis Panel, Member Federal Advisory Committee Act, as 20024. Conflict: Cancer Prevention. amended (5 U.S.C. App.), notice is Contact Person: Marina Broitman, PhD, Date: January 11, 2010. hereby given of the following meetings. Scientific Review Officer, Division of Time: 10 a.m. to 12:30 p.m. The meetings will be closed to the Extramural Activities, National Institute of Agenda: To review and evaluate grant public in accordance with the Mental Health, NIH, Neuroscience Center, applications. provisions set forth in sections 6001 Executive Blvd., Room 6153, MSC 9608, Place: National Institutes of Health, 6701 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Bethesda, MD 20892–9608, 301–402–8152, [email protected]. Rockledge Drive, Bethesda, MD 20892. as amended. The grant applications and (Telephone Conference Call) the discussions could disclose (Catalogue of Federal Domestic Assistance Contact Person: Lawrence Ka-Yun Ng, Program Nos. 93.242, Mental Health Research PhD, Scientific Review Officer, Center for confidential trade secrets or commercial Grants; 93.281, Scientist Development Scientific Review, National Institutes of property such as patentable material, Award, Scientist Development Award for Health, 6701 Rockledge Drive, Room 6152, and personal information concerning Clinicians, and Research Scientist Award; MSC 7804, Bethesda, MD 20892, 301–435– individuals associated with the grant 93.282, Mental Health National Research 1719, [email protected]. applications, the disclosure of which Service Awards for Research Training, This notice is being published less than 15 would constitute a clearly unwarranted National Institutes of Health, HHS) days prior to the meeting due to the timing invasion of personal privacy. Dated: December 23, 2009. limitations imposed by the review and Name of Committee: National Institute of Jennifer Spaeth, funding cycle. Mental Health Initial Review Group; Director, Office of Federal Advisory Name of Committee: Center for Scientific Interventions Committee for Adult Disorders. Committee Policy. Review Special Emphasis Panel, Date: February 9–10, 2010. Reproductive Sciences and Perinatology. Time: 8 a.m. to 5 p.m. [FR Doc. E9–31014 Filed 12–29–09; 8:45 am] Date: January 19–20, 2010. Agenda: To review and evaluate grant BILLING CODE 4140–01–P Time: 10 a.m. to 1:30 p.m. applications. Agenda: To review and evaluate grant Place: St. Gregory Hotel, 2033 M Street, applications. NW., Washington, DC 20036. DEPARTMENT OF HEALTH AND Place: National Institutes of Health, 6701 Contact Person: David I. Sommers, PhD, HUMAN SERVICES Rockledge Drive, Bethesda, MD 20892. Scientific Review Officer, Division of (Virtual Meeting) Extramural Activities, National Institute of National Institutes of Health Contact Person: Krish Krishnan, PhD, Mental Health, National Institutes of Health, Scientific Review Officer, Center for 6001 Executive Blvd., Room 6154, MSC 9606, National Cancer Institute; Notice of Scientific Review, National Institutes of Bethesda, MD 20892–9606, 301–443–7861, Closed Meeting Health, 6701 Rockledge Drive, Room 6164, [email protected]. MSC 7892, Bethesda, MD 20892, (301) 435– Name of Committee: National Institute of Pursuant to section 10(d) of the 1041, [email protected]. Mental Health Initial Review Group; Federal Advisory Committee Act, as

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amended (5 U.S.C. Appendix 2) notice DEPARTMENT OF HEALTH AND Review Branch, Division of Extramural is hereby given of the following HUMAN SERVICES Activities, National Cancer Institute, NIH, meeting. 6116 Executive Blvd., Rm. 8133, Bethesda, National Institutes of Health MD 20892–8328, 301–451–4757, The meeting will be closed to the [email protected]. public in accordance with the National Cancer Institute; Notice of Name of Committee: National Cancer provisions set forth in sections Closed Meetings Institute Special Emphasis Panel, SPORE in 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Gynecologic, Breast, and Skin Cancers. as amended. The purpose of this Pursuant to section 10(d) of the Date: February 17–19, 2010. Time: 8 a.m. to 5 p.m. meeting is to evaluate requests for Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is Agenda: To review and evaluate grant preclinical development resources for applications. potential new therapeutics for the hereby given of the following meetings. The meetings will be closed to the Place: Hyatt Regency Bethesda, Bethesda, treatment of cancer. The outcome of the MD. public in accordance with the Contact Person: Caron A. Lyman, PhD, evaluation will provide information to provisions set forth in sections internal NCI committees that will Scientific Review Officer, Research Programs 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Branch, Division of Extramural decide whether NCI should support as amended. The grant applications and Activities, National Cancer Institute, 6116 requests and make available contract the discussions could disclose Executive Blvd, Room 8119, Bethesda, MD resources for development of the confidential trade secrets or commercial 20892–8328, 301–451–4761, potential therapeutic to improve the property such as patentable material, [email protected]. treatment of various forms of cancer. and personal information concerning Name of Committee: National Cancer The research proposals and the individuals associated with the grant Institute Special Emphasis Panel, SPORE in discussions could disclose confidential applications, the disclosure of which Brain, Leukemia, Myeloma, Sarcoma, trade secrets or commercial property Esophageal, GI, HN, and Pancreatic Cancers. would constitute a clearly unwarranted Date: February 17–19, 2010. such as patentable material and invasion of personal privacy. Time: 8 a.m. to 5 p.m. personal information concerning Name of Committee: National Cancer Agenda: To review and evaluate grant individuals associated with the Institute Special Emphasis Panel, NCI applications. proposed research projects, the Discovery and Development P01. Place: Hyatt Regency Bethesda, One disclosure of which would constitute a Date: February 2–3, 2010. Bethesda Metro Center, 7400 Wisconsin Time: 8 a.m. to 5 p.m. Avenue, Bethesda, MD 20814. clearly unwarranted invasion of Contact Person: Shamala K. Srinivas, PhD., personal privacy. Agenda: To review and evaluate grant applications. Scientific Review Officer, Research Programs Name of Committee: National Cancer Place: Bethesda Marriott, 5151 Pooks Hill Review Branch, Division of Extramural Institute Special Emphasis Panel, NCI Road, Bethesda, MD 20814. Activities, National Cancer Institute, 6116 Experimental Therapeutics Program (NExT) Contact Person: Sergei Radaev, PhD., Executive Boulevard, Room 8123, Bethesda, MD 20892, 301–594–1224, [email protected]. Cycle 2. Scientific Review Officer, Resources And Date: January 13, 2010. Training Review Branch, Division of (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; Time: 8:30 a.m.–4:30 p.m. Extramural Activities, National Cancer Institute, 6116 Executive Blvd., Room 8113, 93.393, Cancer Cause and Prevention Agenda: To evaluate the NCI Experimental Rockville, MD 20852, 301–435–5655, Research; 93.394, Cancer Detection and Therapeutics Program Portfolio. [email protected]. Diagnosis Research; 93.395, Cancer Place: National Institutes of Health, Name of Committee: National Cancer Treatment Research; 93.396, Cancer Biology Building 31A—Conference Room 8A28, 31 Institute Special Emphasis Panel, Research; 93.397, Cancer Centers Support; Center Drive, Bethesda, MD 20817. Epidemiology, Prevention, Control & 93.398, Cancer Research Manpower; 93.399, Contact Person: Dr. Barbara Mroczkowski, Population Sciences. Cancer Control, National Institutes of Health, Executive Secretary, NCI Experimental Date: February 9–11, 2010. HHS) Therapeutics Program, National Cancer Time: 8 a.m. to 5 p.m. Dated: December 21, 2009. Institute, NIH, 31 Center Drive, Room 3A44, Agenda: To review and evaluate grant Jennifer Spaeth, Bethesda, MD 20892. (301) 496–4291. applications. Place: Bethesda North Marriott Hotel & Director, Office of Federal Advisory [email protected]. Committee Policy. This notice is being published less than 30 Conference Center, Montgomery County [FR Doc. E9–30923 Filed 12–29–09; 8:45 am] days prior to the meeting due to scheduling Conference Center Facility, 5701 Marinelli conflicts. Road, North Bethesda, MD 20852. BILLING CODE 4140–01–P Contact Person: Wlodek Lopaczynski, (Catalogue of Federal Domestic Assistance M.D., PhD, Scientific Review Officer, Program Nos. 93.392, Cancer Construction; Research Programs Review Branch, Division DEPARTMENT OF HEALTH AND 93.393, Cancer Cause and Prevention of Extramural Activities, National Cancer HUMAN SERVICES Research; 93.394, Cancer Detection and Institute, 6116 Executive Blvd., Room 8131, Diagnosis Research; 93.395, Cancer Bethesda, MD 20892, 301–594–1402, Food and Drug Administration Treatment Research; 93.396, Cancer Biology [email protected]. Research; 93.397, Cancer Centers Support; Name of Committee: National Cancer [Docket No. FDA–2009–N–0664] 93.398, Cancer Research Manpower; 93.399, Institute Special Emphasis Panel, Molecular Oncology—Basic, Translational, and Clinical Advisory Committees; Tentative Cancer Control, National Institutes of Health, Schedule of Meetings for 2010 HHS) Studies. Date: February 9–11, 2010. AGENCY: Food and Drug Administration, Time: 5 p.m. to 5 p.m. Dated: December 22, 2009. HHS. Jennifer Spaeth, Agenda: To review and evaluate grant applications. ACTION: Notice. Director, Office of Federal Advisory Place: Bethesda North Marriott Hotel & Committee Policy. Conference Center, 5701 Marinelli Road, SUMMARY: The Food and Drug [FR Doc. E9–31012 Filed 12–29–09; 8:45 am] Bethesda, MD. Administration (FDA) is announcing a BILLING CODE 4140–01–P Contact Person: David G. Ransom, PhD, tentative schedule of forthcoming Scientific Review Officer, Research Programs meetings of its public advisory

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committees for 2010. During 1991, at the undertook a study of the use of the the schedule will be posted on the FDA request of the Commissioner of Food FDA’s advisory committees. In its final advisory committees’ Internet site and Drugs (the Commissioner), the report in 1992, one of the IOM’s located at http://www.fda.gov/Advisory Institute of Medicine (the IOM) recommendations was for FDA to adopt Committees/default.htm. FDA will conducted a study of the use of FDA’s a policy of publishing an advance yearly continue to publish a Federal Register advisory committees. In its final report, schedule of its upcoming public notice 15 days in advance of each one of the IOM’s recommendations was advisory committee meetings in the upcoming advisory committee meeting, for the agency to publish an annual Federal Register; FDA has implemented to announce the meeting (21 CFR 14.20). tentative schedule of its meetings in the this recommendation. The annual The following list announces FDA’s Federal Register. This publication publication of tentatively scheduled tentatively scheduled advisory implements the IOM’s recommendation. advisory committee meetings will FOR FURTHER INFORMATION CONTACT: provide both advisory committee committee meetings for 2010. You may Teresa L. Hays, Advisory Committee members and the public with the also obtain up-to-date information by Oversight and Management Staff (HF– opportunity, in advance, to schedule calling the Advisory Committee 4), Food and Drug Administration, 5600 attendance at FDA’s upcoming advisory Information Line, 1–800–741–8138 Fishers Lane, Rockville, MD 20857, committee meetings. Because the (301–443–0572 in the Washington, DC 301–827–1220. schedule is tentative amendments to area) and use the appropriate SUPPLEMENTARY INFORMATION: The IOM, this notice will not be published in the Information Line Code for the at the request of the Commissioner, Federal Register. However, changes to committee in which you are interested.

Advisory Com- mittee 10-Digit In- Committee Name Tentative Date of Meeting(s) formation Line Code

OFFICE OF THE COMMISSIONER

Pediatric Advisory Committee March 22, June 21–22, September 20–21, December 6–7 8732310001

Risk Communication Advisory Committee February 25–26, May 6–7, August 19–20, November 8–9 8732112560

Science Board to the Food and Drug Administration February 22, May 17, August 16, November 15 3014512603

CENTER FOR BIOLOGICS EVALUATION AND RESEARCH

Allergenic Products Advisory Committee April 30, October 26 3014512388

Blood Products Advisory Committee April 12–13, July 26–27, November 18–19 3014519516

Cellular, Tissue and Gene Therapies Advisory Committee To be announced 3014512389

Transmissible Spongiform Encephalopathies Advisory To be announced 3014512392 Committee

Vaccines and Related Biological Products Advisory Com- February 22, May 19–20, September 15–16, November 17– 3014512391 mittee 18

CENTER FOR DRUG EVALUATION AND RESEARCH

Anesthetic and Life Support Drugs Advisory Committee January 28, April 22, April 23 3014512529

Anti Infective Drugs Advisory Committee August and October dates To be announced 3014512530

Antiviral Drugs Advisory Committee To be announced 3014512531

Arthritis Advisory Committee May dates To be announced 3014512532

Cardiovascular and Renal Drugs Advisory Committee January 11, March 1, April dates to be announced, July 28, 3014512533 July 29, December 8, December 9

Dermatologic and Ophthalmic Drugs Advisory Committee To be announced 3014512534

Drug Safety and Risk Management Advisory Committee To be announced 3014512535

Endocrinologic and Metabolic Drugs Advisory Committee January 12, January 13, February 24, May 26–27 3014512536

Gastrointestinal Drugs Advisory Committee February 23, November dates to be announced 3014512538

Nonprescription Drugs Advisory Committee To be announced 3014512541

Oncologic Drugs Advisory Committee February 10, May 4, May 5, July 20, July 21, September 1, 3014512542 September 2, December 1, December 2

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Advisory Com- mittee 10-Digit In- Committee Name Tentative Date of Meeting(s) formation Line Code

Peripheral and Central Nervous System Drugs Advisory March 23, March 24, June dates to be announced 3014512543 Committee

Pharmaceutical Science and Clinical Pharmacology, Advi- March 17 3014512539 sory Committee

Psychopharmacologic Drugs Advisory Committee To be announced 3014512544

Pulmonary Allergy Drugs Advisory Committee March 9, March 10, April dates to be announced 3014512545

Reproductive Health Drugs, Advisory Committee May dates to be announced 3014512537

CENTER FOR DEVICES AND RADIOLOGICAL HEALTH

Device Good Manufacturing Practice Advisory Committee July 22, September 16 3014512398

Medical Devices Advisory Committee (Comprised of 18 Panels)

Anesthesiology and Respiratory Therapy Devices Panel April 30, June 23, September 15, November 10 3014512624

Circulatory System Devices Panel February 25, May 27, September 23, December 8–9 3014512625

Clinical Chemistry and Clinical Toxicology Devices Panel March 17–18, June 16–17, October 20–21 3014512514

Dental Products Panel March 23, April 13, May 11, July 13, September 14 3014512518

Ear, Nose, and Throat Devices Panel February 24, May 19, August 25, November 3–4 3014512522

Gastroenterology-Urology Devices Panel March 11–12, June 17–18, September 9–10, December 2–3 3014512523

General and Plastic Surgery Devices Panel February 4–5, May 20–21, August 12–13, November 4–5 3014512519

General Hospital and Personal Use Devices Panel March 5, July 28–29, November 17–18 3014512520

Hematology and Pathology Devices Panel January 21–22, April 22–23, July 8–9, October 21–22 3014512515

Immunology Devices Panel April 26, September 15, December 6 3014512516

Medical Devices Dispute Resolution Panel Meetings occur as needed 3014510232

Microbiology Devices Panel March 19, September 23 3014512517

Molecular and Clinical Genetics Panel April 15, October 5–6 3014510231

Neurological Devices Panel March 11–12, May 13–4, July 8–9, October 7–8, December 3014512513 9–10

Obstetrics and Gynecology Devices Panel April 22–23, July 15–16, October 21–22, December 16–17 3014512524

Ophthalmic Devices Panel February 25–26, April 22–23, June 24–25, October 28–29, 3014512396 November 18–19

Orthopedic and Rehabilitation Devices Panel March 23, June 9–10, October 13–14, December 1–2 3014512521

Radiological Devices Panel April 28, July 21, September 15, November 17 3014512526

National Mammography Quality Assurance Advisory Com- January 25 3014512397 mittee

Technical Electronic Product Radiation Safety Standards No meeting tentatively scheduled for 2010 3014512399 Committee

CENTER FOR FOOD SAFETY AND APPLIED NUTRITION

Food Advisory Committee May 20–21 3014510564

CENTER FOR VETERINARY MEDICINE

Veterinary Medicine Advisory Committee March 18–19 3014512548

NATIONAL CENTER FOR TOXILOGICAL RESEARCH (NCTR)

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Advisory Com- mittee 10-Digit In- Committee Name Tentative Date of Meeting(s) formation Line Code

Science Advisory Board to NCTR November 17–18 3014512559

Center for Tobacco

Tobacco Products Scientific Advisory Committee March, May, July, and November dates to be announced 8732110002

Dated: December 24, 2009. Location: The workshop will be held DEPARTMENT OF HEALTH AND David Horowitz, at Marriott Metro Center at 775 12th HUMAN SERVICES Assistant Commissioner for Policy. Street NW., Washington, DC 20005. National Institutes of Health [FR Doc. E9–30973 Filed 12–29–09; 8:45 am] Contact: Kayla Garvin, Center for BILLING CODE 4160–01–S Drug Evaluation and Research, Bldg. 22, National Institute of Allergy and rm. 4339, Food and Drug Infectious Diseases; Notice of Administration, 10903 New Hampshire DEPARTMENT OF HEALTH AND Meetings Ave., Silver Spring, MD 20903, 301– HUMAN SERVICES 796–3755, e-mail: Pursuant to section 10(d) of the Federal Advisory Committee Act, as Food and Drug Administration [email protected]. amended (5 U.S.C. App.), notice is Registration: To attend the workshop, hereby given of meetings of the National [Docket No. FDA–2009–N–0664] please register at http://tinyurl.com/ Advisory Allergy and Infectious yce6c3z. When registering, provide the Diseases Council. Second Annual Sentinel Initiative following information: Your name, title, Public Workshop The meetings will be open to the company or organization (if applicable), public as indicated below, with address, phone number, and e-mail AGENCY: Food and Drug Administration, attendance limited to space available. address. There is no fee to register for HHS. Individuals who plan to attend and the public workshop and because need special assistance, such as sign ACTION: Notice of public workshop. seating is limited, registration will be on language interpretation or other a first-come, first-served basis. A 1-hour reasonable accommodations, should The Food and Drug Administration lunch break is scheduled; however no (FDA) is announcing the following notify the Contact Person listed below food will be provided. There are workshop: Second Annual Sentinel in advance of the meeting. multiple restaurants within walking Initiative Public Workshop. This 1-day The meetings will be closed to the workshop, organized and hosted by the distance of the hotel where attendees public in accordance with the Engelberg Center for Health Care Reform can purchase lunch. If you need special provisions set forth in sections at Brookings, is supported by a grant accommodations due to a disability, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., from FDA. This workshop is intended to please contact Brookings’ event as amended. The grant applications communicate the current status and coordinator at 202–797–4391 or by e- and/or contract proposals and the future vision of active medical product mail: [email protected] at discussions could disclose confidential surveillance activities and explore least 7 days in advance. trade secrets or commercial property stakeholder perspectives on a broad Transcripts: Please be advised that as such as patentable material, and range of issues. The workshop will soon as a transcript is available, it will personal information concerning individuals associated with the grant feature a series of presentations on be accessible at http://www.fda.gov/ applications and/or contract proposals, recently completed FDA contracts to Safety/FDAsSentinelInitiative/ the disclosure of which would inform various aspects of the ucm149341.htm. It may be viewed at the development of the Sentinel System; an constitute a clearly unwarranted Division of Dockets Management (HFA– invasion of personal privacy. update on FDA’s ongoing pilot projects 305), Food and Drug Administration, in active surveillance of medical 5630 Fishers Lane, rm. 1061, Rockville, Name of Committee: National Advisory Allergy and Infectious Diseases Council. product safety; and a discussion of three MD. A transcript will also be available issues of broad interest: maintaining Date: February 1, 2010. in either hardcopy or on CD–ROM, after patient privacy while conducting Open: 10:30 a.m. to 11:40 a.m. submission of a Freedom of Information medical product safety surveillance, Agenda: Report from the Institute Director. developing the Sentinel System as a request. Written requests are to be sent Place: National Institutes of Health, to the Division of Freedom of Natcher Building, 45 Center Drive, national resource for medical product Conference Rooms E1/E2, Bethesda, MD safety surveillance for others outside of Information (HFI–35), Office of Management Programs, Food and Drug 20892. FDA, and developing a multi-purpose Closed: 11:40 a.m. to 12:40 p.m. distributed system that can be used to Administration, 5600 Fishers Lane, rm. Agenda: To review and evaluate grant conduct safety surveillance, 6–30, Rockville, MD 20857. applications and/or proposals. comparative effectiveness research, Dated: December 23, 2009. Place: National Institutes of Health, Natcher Building, 45 Center Drive, product quality assessment and to David Horowitz, address other types of public health Conference Rooms E1/E2, Bethesda, MD Assistant Commissioner for Policy. questions. 20892. [FR Doc. E9–30971 Filed 12–29–09; 8:45 am] Contact Person: Marvin R. Kalt, PhD, Date and Time: The workshop will be Director, Division of Extramural Activities, BILLING CODE 4160–01–S held on January 11, 2010, from 8:30 a.m. National Institutes of Health/NIAID, 6700B to 4:45 p.m. Rockledge Drive, MSC 7610, Bethesda, MD

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20892–7610, 301–496–7291, www.niaid.nih.gov/facts/facts.htm, where an MD 20892, 301–496–6023, [email protected]. agenda and any additional information for [email protected]. Name of Committee: National Advisory the meeting will be posted when available. Information is also available on the Allergy and Infectious Diseases Council, (Catalogue of Federal Domestic Assistance Institute’s/Center’s home page: Allergy, Immunology and Transplantation Program Nos. 93.855, Allergy, Immunology, www.ncrr.nih.gov/newspub/minutes.htm, Subcommittee. and Transplantation Research; 93.856, where an agenda and any additional Date: February 1, 2010. Microbiology and Infectious Diseases information for the meeting will be posted Closed: 8:30 a.m. to 10:15 a.m. Research, National Institutes of Health, HHS) when available. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Dated: December 22, 2009. applications. Program Nos. 93.306, Comparative Medicine; Place: National Institutes of Health, Jennifer Spaeth, 93.333, Clinical Research; 93.371, Biomedical Natcher Building, 45 Center Drive, Director, Office of Federal Advisory Technology; 93.389, Research Infrastructure, Conference Room D, Bethesda, MD 20892. Committee Policy. 93.306, 93.333; 93.702, ARRA Related Open: 1 p.m. to adjournment. [FR Doc. E9–30865 Filed 12–29–09; 8:45 am] Construction Awards, National Institutes of Agenda: Reports from the Division Director BILLING CODE 4140–01–P Health, HHS) and other staff. Dated: December 22, 2009. Place: National Institutes of Health, Natcher Building, 45 Center Drive, Jennifer Spaeth, Conference Room D, Bethesda, MD 20892. DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory Contact Person: Marvin R. Kalt, PhD, HUMAN SERVICES Committee Policy. Director, Division of Extramural Activities, [FR Doc. E9–30870 Filed 12–29–09; 8:45 am] National Institutes of Health/NIAID, 6700B National Institutes of Health BILLING CODE 4140–01–P Rockledge Drive, MSC 7610, Bethesda, MD 20892–7610, 301–496–7291, National Center for Research [email protected]. Resources; Notice of Meeting DEPARTMENT OF HEALTH AND Name of Committee: National Advisory Pursuant to section 10(d) of the HUMAN SERVICES Allergy and Infectious Diseases Council, Federal Advisory Committee Act, as Microbiology and Infectious Diseases National Institutes of Health Subcommittee. amended (5 U.S.C. App.), notice is hereby given of a meeting of the Date: February 1, 2010. National Cancer Institute; Notice of Closed: 8:30 a.m. to 10:15 a.m. National Advisory Research Resources Agenda: To review and evaluate grant Council. Closed Meeting applications. The meeting will be open to the Pursuant to section 10(d) of the Place: National Institutes of Health, public as indicated below, with Federal Advisory Committee Act, as Natcher Building, 45 Center Drive, attendance limited to space available. amended (5 U.S.C. App.), notice is Conference Rooms F1/F2, Bethesda, MD Individuals who plan to attend and 20892. hereby given of the following meeting. Open: 1 p.m. to adjournment. need special assistance, such as sign The meeting will be closed to the Agenda: Reports from the Division Director language interpretation or other public in accordance with the and other staff. reasonable accommodations, should provisions set forth in sections Place: National Institutes of Health, notify the Contact Person listed below 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Natcher Building, 45 Center Drive, in advance of the meeting. as amended. The contract proposals and Conference Rooms F1/F2, Bethesda, MD The meeting will be closed to the the discussions could disclose 20892. public in accordance with the Contact Person: Marvin R. Kalt, PhD, confidential trade secrets or commercial provisions set forth in sections property such as patentable material, Director, Division of Extramural Activities, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health/NIAID, 6700B and personal information concerning Rockledge Drive, MSC 7610, Bethesda, MD as amended. The grant applications and individuals associated with the contract 20892–7610, 301–496–7291, the discussions could disclose proposals, the disclosure of which [email protected]. confidential trade secrets or commercial would constitute a clearly unwarranted Name of Committee: National Advisory property such as patentable material, invasion of personal privacy. Allergy and Infectious Diseases Council, and personal information concerning Name of Committee: National Cancer Acquired Immunodeficiency Syndrome individuals associated with the grant Institute Special Emphasis Panel, Biosensors Subcommittee. applications, the disclosure of which for Early Cancer Detection and Risk Date: February 1, 2010. would constitute a clearly unwarranted Assessment. Closed: 8:30 a.m. to 10:15 a.m. invasion of personal privacy. Agenda: To review and evaluate grant Date: March 11–12, 2010. applications. Name of Committee: National Advisory Time: 8 a.m. to 5 p.m. Place: National Institutes of Health, Research Resources Council. Agenda: To review and evaluate contract Natcher Building, 45 Center Drive, Date: January 26, 2010. proposals. Conference Room A, Bethesda, MD 20892. Open: 8 a.m. to 12:40 p.m. Place: Hyatt Regency Bethesda, One Open: 1 p.m. to adjournment. Agenda: Report of the Director and other Bethesda Metro Center, 7400 Wisconsin Agenda: Program advisory discussions and Institute staff. Avenue, Bethesda, MD 20814. reports from division staff. Place: National Institutes of Health, Contact Person: Donald L. Coppock, PhD, Place: National Institutes of Health, Building 31, 31 Center Drive, Conference Scientific Review Officer, Scientific Review Natcher Building, 45 Center Drive, Room 6, Bethesda, MD 20892. and Logistic Branch, Division of Extramural Conference Rooms E1/E2, Bethesda, MD Closed: 1:30 p.m. to adjournment. Activities, NCI, National Institutes of Health, 20892. Agenda: To review and evaluate grant 6116 Executive Blvd., Rm. 7151, Bethesda, Contact Person: Marvin R. Kalt, PhD, applications. MD 20892, 301–451–9385, Director, Division of Extramural Activities, Place: National Institutes of Health, [email protected]. National Institutes of Health/NIAID, 6700B Building 31, 31 Center Drive, Conference (Catalogue of Federal Domestic Assistance Rockledge Drive, MSC 7610, Bethesda, MD Room 6, Bethesda, MD 20892. Program Nos. 93.392, Cancer Construction; 20892–7610, 301–496–7291, Contact Person: Louise E. Ramm, PhD, 93.393, Cancer Cause and Prevention [email protected]. Deputy Director, National Center for Research; 93.394, Cancer Detection and Information is also available on the Research Resources, National Institutes of Diagnosis Research; 93.395, Cancer Institute’s/Center’s home page: http:// Health, Building 31, Room 3B11, Bethesda, Treatment Research; 93.396, Cancer Biology

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Research; 93.397, Cancer Centers Support; Dated: December 22, 2009. DEPARTMENT OF HEALTH AND 93.398, Cancer Research Manpower; 93.399, Jennifer Spaeth, HUMAN SERVICES Cancer Control, National Institutes of Health, Director, Office of Federal Advisory HHS) Committee Policy. National Institutes of Health Dated: December 21, 2009 [FR Doc. E9–30921 Filed 12–29–09; 8:45 am] Center for Scientific Review; Notice of Jennifer Spaethm, BILLING CODE 4140–01–P Closed Meetings Director, Office of Federal Advisory Committee Policy. Pursuant to section 10(d) of the [FR Doc. E9–30922 Filed 12–29–09; 8:45 am] DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as BILLING CODE 4140–01–P HUMAN SERVICES amended (5 U.S.C. App.), notice is hereby given of the following meetings. National Institutes of Health The meetings will be closed to the DEPARTMENT OF HEALTH AND Center for Scientific Review; Notice of public in accordance with the HUMAN SERVICES Closed Meeting provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health Pursuant to section 10(d) of the as amended. The grant applications and National Institute of Neurological Federal Advisory Committee Act, as the discussions could disclose Disorders and Stroke; Notice of Closed amended (5 U.S.C. App.), notice is confidential trade secrets or commercial Meeting hereby given of the following meeting. property such as patentable material, and personal information concerning The meeting will be closed to the Pursuant to section 10(d) of the individuals associated with the grant public in accordance with the applications, the disclosure of which Federal Advisory Committee Act, as provisions set forth in sections amended (5 U.S.C. App.), notice is would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. hereby given of a meeting of the Board as amended. The grant applications and of Scientific Counselors, National the discussions could disclose Name of Committee: Center for Scientific Institute of Neurological Disorders and Review Special Emphasis Panel, Member confidential trade secrets or commercial Stroke. Conflicts: Integrative Neuroscience. property such as patentable material, Date: January 12–13, 2010. The meeting will be closed to the and personal information concerning Time: 8 a.m. to 5 p.m. public as indicated below in accordance individuals associated with the grant Agenda: To review and evaluate grant with the provisions set forth in section applications, the disclosure of which applications. 552b(c)(6), Title 5 U.S.C., as amended would constitute a clearly unwarranted Place: National Institutes of Health, 6701 for the review, discussion, and invasion of personal privacy. Rockledge Drive, Bethesda, MD 20892. evaluation of individual intramural (Virtual Meeting.) programs and projects conducted by the Name of Committee: Center for Scientific Contact Person: Brian Hoshaw, PhD, National Institute of Neurological Review Special Emphasis Panel, PA09–164 Scientific Review Officer, Center for Disorders and Stroke, including Healthcare Clinical Science Member Scientific Review, National Institutes of consideration of personnel Conflicts. Health, 6701 Rockledge Drive, Room 5181, qualifications and performance, and the Date: January 28, 2010. MSC 7844, Bethesda, MD 20892. 301–435– competence of individual investigators, Time: 2 p.m. to 4 p.m. 1033. [email protected]. the disclosure of which would Agenda: To review and evaluate grant Name of Committee: Center for Scientific constitute a clearly unwarranted applications. Review Special Emphasis Panel, Vision and invasion of personal privacy. Place: National Institutes of Health, 6701 Cognition. Rockledge Drive, Bethesda, MD 20892. Date: January 20–21, 2010. Name of Committee: Board of (Telephone Conference Call) Time: 8 a.m. to 5 p.m. Scientific Counselors, National Institute Contact Person: Katherine N. Bent, PhD, Agenda: To review and evaluate grant of Neurological Disorders and Stroke. Scientific Review Officer, Center for applications. Date: January 10–12, 2010. Scientific Review, National Institites of Place: National Institutes of Health, 6701 Time: 7 p.m. to 11:30 a.m. Health, 6701 Rockledge Drive, Room 3160, Rockledge Drive, Bethesda, MD 20892. Agenda: To review and evaluate personal MSC 7770, Bethesda, MD 20892, (301) 435– (Virtual Meeting.) qualifications and performance, and 0695, [email protected]. Contact Person: Edwin C. Clayton, PhD, competence of individual investigators. (Catalogue of Federal Domestic Assistance Scientific Review Officer, Center for Scientific Review, National Institutes of Place: Hyatt Regency Bethesda, One Program Nos. 93.306, Comparative Medicine; Health, 6701 Rockledge Drive, Room 5180, Bethesda Metro Center, 7400 Wisconsin 93.333, Clinical Research, 93.306, 93.333, MSC 7844, Bethesda, MD 20892. 301–408– Avenue, Diplomat/Ambassador Room, 93.337, 93.393–93.396, 93.837–93.844, 9041. [email protected]. Bethesda, MD 20814. 93.846–93.878, 93.892, 93.893, National Contact Person: Alan P. Koretsky, PhD, Institutes of Health, HHS) (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; Scientific Director, Division of Intramural Dated: December 22, 2009. 93.333, Clinical Research, 93.306, 93.333, Research, National Institute of Neurological 93.337, 93.393–93.396, 93.837–93.844, Disorders & Stroke, NIH, 35 Convent Drive, Jennifer Spaeth, Director, Office of Federal Advisory 93.846–93.878, 93.892, 93.893, National Room 6A 908, Bethesda, MD 20892. 301– Institutes of Health, HHS) 435–2232. [email protected]. Committee Policy. Dated: December 22, 2009. (Catalogue of Federal Domestic Assistance [FR Doc. E9–30907 Filed 12–29–09; 8:45 am] Program Nos. 93.853, Clinical Research BILLING CODE 4140–01–P Jennifer Spaeth, Related to Neurological Disorders; 93.854, Director, Office of Federal Advisory Biological Basis Research in the Committee Policy. Neurosciences, National Institutes of Health, [FR Doc. E9–30890 Filed 12–29–09; 8:45 am] HHS) BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND form of identification (for example, a MD 20993, 301–796–5543, HUMAN SERVICES government-issued photo ID, driver’s license, [email protected]. or passport) and to state the purpose of their Registration: To register for the public visit. National Institutes of Health workshop, please visit the following (Catalogue of Federal Domestic Assistance Web site: http://mdpnp.org/ National Institute of Arthritis and Program Nos. 93.846, Arthritis, FDA_Interop_Workshop.php. There is a Musculoskeletal and Skin Diseases; Musculoskeletal and Skin Diseases Research, registration fee of $500 to attend the Notice of Meeting National Institutes of Health, HHS) public workshop to cover the expenses Dated: December 18, 2009. Pursuant to section 10(d) of the and attendees must register in advance. Jennifer Spaeth, Federal Advisory Committee Act, as The registration process will be handled amended (5 U.S.C. App.), notice is Director, Office of Federal Advisory by Continua Health Alliance. In person, Committee Policy. hereby given of a meeting of the attendance is limited to 200 National Arthritis and Musculoskeletal [FR Doc. E9–30889 Filed 12–29–09; 8:45 am] participants. and Skin Diseases Advisory Council. BILLING CODE 4140–01–P Registration may be limited to achieve The meeting will be open to the balanced participation. Upon public as indicated below, with registering, you will receive a notice DEPARTMENT OF HEALTH AND attendance limited to space available. indicating that your registration has HUMAN SERVICES Individuals who plan to attend and been received and is pending need special assistance, such as sign Food and Drug Administration confirmation. You will receive an language interpretation or other additional email within 1 week reasonable accommodations, should notifying you if your registration was notify the Contact Person listed below [Docket No. FDA–2009–N–0664] accepted or declined. You may also in advance of the meeting. Medical Device Interoperability; Public register to attend the public workshop The meeting will be closed to the Workshop via Web cast for a reduced fee. public in accordance with the Non-U.S. citizens are subject to provisions set forth in sections AGENCY: Food and Drug Administration, additional security screening, and they 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HHS. should register as soon as possible. If as amended. The grant applications and ACTION: Notice of public workshop. you need special accommodations the discussions could disclose because of a disability, please contact confidential trade secrets or commercial The Food and Drug Administration Susana Rosales property such as patentable material, (FDA), Center for Devices and ([email protected]) at least 7 and personal information concerning Radiological Health, in co-sponsorship days before the public workshop. with Continua Health Alliance and the individuals associated with the grant SUPPLEMENTARY INFORMATION: applications, the disclosure of which Center for Integration of Medicine & would constitute a clearly unwarranted Innovative Technology (CIMIT) is I. Why Are We Holding This Public invasion of personal privacy. announcing a public workshop entitled Workshop? ‘‘Medical Device Interoperability.’’ The Name of Committee: National Arthritis and The purpose of the public workshop purpose of the workshop is to facilitate Musculoskeletal and Skin Diseases Advisory is to facilitate discussion among FDA discussion among FDA, industry, Council. and other interested parties regarding academia, professional societies, Date: February 2, 2010. the safety and effectiveness of Open: 8:30 a.m. to 2 p.m. clinical investigators and other interoperable medical devices. Agenda: To discuss administrative details interested parties on issues related to relating to the Council’s business and special safe and effective interoperable medical II. What Are the Topics We Intend to reports. devices. Address at the Public Workshop? Place: National Institutes of Health, Dates and Times: The public Building 31, 31 Center Drive, Conference We hope to discuss a large number of workshop will be held on January 25 Room 6, Bethesda, MD 20892. issues at the public workshop, and 26, 2010, from 9 a.m. to 5 p.m. and Closed: 2 p.m. to 5 p.m. including, but not limited to the on January 27, 2010, from 9 a.m. to 12 Agenda: To review and evaluate grant following: noon. Participants are encouraged to applications. • What are the types of clinical Place: National Institutes of Health, arrive early to ensure time for parking Building 31, 31 Center Drive, Conference and security screening before the scenarios that would make use of Room 6, Bethesda, MD 20892. meeting. Security screening will begin medical device interoperability? • Contact Person: Susana Serrate-Sztein, MD, at 8 a.m. and registration will begin at What are the issues associated with Director, Division of Skin and Rheumatic 8:30 a.m. premarket and postmarket studies for Diseases, NIAMS/NIH, 6701 Democracy Location: The public workshop will interoperable medical devices? Blvd, Suite 800, Bethesda, MD 20892–4872. • What tools (e.g., standards, (301) 594–5032. [email protected]. be held at the FDA White Oak Campus, Any interested person may file written 10903 New Hampshire Ave., Silver guidances) are in place or need to be comments with the committee by forwarding Spring, MD 20993. developed to assure safety and the statement to the Contact Person listed on Contact Persons: Sandy Weininger, effectiveness of interoperable medical this notice. The statement should include the Center for Devices and Radiological device systems? What issues should name, address, telephone number and when Health, Food and Drug Administration, they address? applicable, the business or professional 10903 New Hampshire Ave., WO62/rm. • What are the risks associated with affiliation of the interested person. 4212, Silver Spring, MD 20993, 301– medical device interoperability and In the interest of security, NIH has ‘‘system of systems’’ composing medical instituted stringent procedures for entrance 796–2582, [email protected]. gov; or John Murray, Center for Devices devices? onto the NIH campus. All visitor vehicles, • including taxicabs, hotel, and airport shuttles and Radiological Health, Food and Drug What are other issues relevant to will be inspected before being allowed on Administration, 10903 New Hampshire assuring the safety and effectiveness of campus. Visitors will be asked to show one Ave., WO66/rm. 2634, Silver Spring, interoperable medical devices?

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III. Where Can I Find Out More About MSC 7616, Bethesda, MD 20892–7616. 301– Microbiology and Infectious Diseases This Public Workshop? 402–7098. [email protected]. Research, National Institutes of Health, HHS) Background information on the public Name of Committee: National Institute of Dated: December 22, 2009. Allergy and Infectious Diseases Special Jennifer Spaeth, workshop, registration information, the Emphasis Panel, ‘‘Immunobiology of agenda, information about lodging, and Mesenchymal Stem Cells.’’ Director, Office of Federal Advisory other relevant information will be Date: January 26, 2010. Committee Policy. posted, as it becomes available, on the Time: 1 p.m. to 4 p.m. [FR Doc. E9–30868 Filed 12–29–09; 8:45 am] Internet at http://www.fda.gov/cdrh/ Agenda: To review and evaluate grant BILLING CODE 4140–01–P meetings.html and at http://mdpnp.org/ applications. FDA_Interop_Workshop.php. Place: National Institutes of Health, 6700B Rockledge Drive, Bethesda, MD 20817. Transcripts: Transcripts of the public DEPARTMENT OF HOMELAND workshop may be requested in writing (Telephone Conference Call.) Contact Person: Maryam Feili-Hariri, PhD, SECURITY from the Freedom of Information Office Scientific Review Officer, Immunology (HFI–35), Food and Drug Review Branch, Scientific Review Program, Customs and Border Protection Administration, 5600 Fishers Lane, rm. NIAID/NIH/DHHS, 6700B Rockledge Drive, 6–30, Rockville, MD 20857, MSC 7616, Bethesda, MD 20892–7616. 301– Accreditation and Approval of SGS approximately 15 working days after the 402–5658. [email protected]. North America, Inc., as a Commercial public workshop at a cost of 10 cents Name of Committee: National Institute of Gauger and Laboratory per page. A transcript of the public Allergy and Infectious Diseases Special workshop will be available on the Emphasis Panel, Atopic Dermatitis Research AGENCY: U.S. Customs and Border Internet at http://www.regulations.gov. Network (ADRN). Protection, Department of Homeland Date: February 2, 2010. Security. Dated: December 18, 2009. Time: 8 a.m. to 12 p.m. ACTION: Notice of accreditation and Jeffrey Shuren, Agenda: To review and evaluate contract proposals. approval of SGS North America, Inc., as Acting Director, Center for Devices and a commercial gauger and laboratory. Radiological Health. Place: Marriott Renaissance M Street Hotel, 1143 New Hampshire Avenue, NW., [FR Doc. E9–30871 Filed 12–29–09; 8:45 am] Washington, DC 20037. SUMMARY: Notice is hereby given that, BILLING CODE 4160–01–S Contact Person: Paul A. Amstad, PhD, pursuant to 19 CFR 151.12 and 19 CFR Scientific Review Officer, Scientific Review 151.13, SGS North America, Inc., 1084 Program, Division of Extramural Activities, West Lathrop Ave., Savannah, GA DEPARTMENT OF HEALTH AND NIAID/NIH/DHHS, 6700B Rockledge Drive, 31402, has been approved to gauge and HUMAN SERVICES MSC 7616, Bethesda, MD 20892–7616. 301– accredited to test petroleum and 402–7098. [email protected]. petroleum products for customs National Institutes of Health Name of Committee: National Institute of purposes, in accordance with the Allergy and Infectious Diseases Special National Institute of Allergy and provisions of 19 CFR 151.12 and 19 CFR Emphasis Panel, Atopic Dermatitis Research 151.13. Anyone wishing to employ this Infectious Diseases; Notice of Closed Network: Statistical and Clinical Meetings Coordinating Center (ADRN SACCC). entity to conduct laboratory analyses Date: February 2, 2010. and gauger services should request and Pursuant to section 10(d) of the Time: 12 p.m. to 6 p.m. receive written assurances from the Federal Advisory Committee Act, as Agenda: To review and evaluate contract entity that it is accredited or approved amended (5 U.S.C. App.), notice is proposals. by the U.S. Customs and Border hereby given of the following meetings. Place: Marriott Renaissance M Street Hotel, Protection to conduct the specific test or The meetings will be closed to the 1143 New Hampshire Avenue, NW., Potomac gauger service requested. Alternatively, public in accordance with the Room, Washington, DC 20037. inquires regarding the specific test or provisions set forth in sections Contact Person: Paul A. Amstad, PhD, gauger service this entity is accredited 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, or approved to perform may be directed as amended. The grant applications and to the U.S. Customs and Border the discussions could disclose NIAID/NIH/DHHS, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892–7616. 301– Protection by calling (202) 344–1060. confidential trade secrets or commercial 402–7098. [email protected]. The inquiry may also be sent to property such as patentable material, Name of Committee: National Institute of [email protected]. Please reference the and personal information concerning Allergy and Infectious Diseases Special website listed below for a complete individuals associated with the grant Emphasis Panel, Highly Innovative Tactics to listing of CBP approved gaugers and applications, the disclosure of which Interrupt Transmission of HIV (HIT–IT). accredited laboratories. would constitute a clearly unwarranted Date: February 4–5, 2010. http://cbp.gov/xp/cgov/import/ invasion of personal privacy. Time: 8 a.m. to 5 p.m. operations_support/labs_scientific_svcs/ Agenda: To review and evaluate grant Name of Committee: National Institute of commercial_gaugers/. applications. Allergy and Infectious Diseases Special Place: Hyatt Regency Bethesda, One DATES: The accreditation and approval Emphasis Panel, ‘‘Ancillary Studies in of SGS North America, Inc., as Immunomodulation Clinical Trials.’’ Bethesda Metro Center, 7400 Wisconsin Date: January 19, 2010. Avenue, Waterford Suite, Bethesda, MD commercial gauger and laboratory Time: 1 p.m. to 5 p.m. 20814. became effective on September 16, 2009. Agenda: To review and evaluate grant Contact Person: Betty Poon, PhD, Scientific The next triennial inspection date will applications. Review Officer, Scientific Review Program, be scheduled for September 2012. Place: National Institutes of Health, 6700B Division of Extramural Activities, NIAID/ NIH/DHHS, 6700B Rockledge Drive, MSC FOR FURTHER INFORMATION CONTACT: Rockledge Drive, Bethesda, MD 20817. Anthony Malana, Laboratories and (Telephone Conference Call.) 7616, Bethesda, MD 20892–7616. 301–402– Contact Person: Paul A. Amstad, PhD, 6891. [email protected]. Scientific Services, U.S. Customs and Scientific Review Officer, Scientific Review (Catalogue of Federal Domestic Assistance Border Protection, 1300 Pennsylvania Program, Division of Extramural Activities, Program Nos. 93.855, Allergy, Immunology, Avenue, NW., Suite 1500N, NIAID/NIH/DHHS, 6700B Rockledge Drive, and Transplantation Research; 93.856, Washington, DC 20229, 202–344–1060.

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Dated: December 15, 2009. Dated: December 23, 2009. Dated: December 15, 2009. Ira S. Reese, Ira S. Reese, Ira S. Reese, Executive Director, Laboratories and Executive Director, Laboratories and Executive Director, Laboratories and Scientific Services. Scientific Services. Scientific Services. [FR Doc. E9–30899 Filed 12–29–09; 8:45 am] [FR Doc. E9–30901 Filed 12–29–09; 8:45 am] [FR Doc. E9–30903 Filed 12–29–09; 8:45 am] BILLING CODE 9111–14–P BILLING CODE 9111–14–P BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY SECURITY SECURITY

U.S. Customs and Border Protection U.S. Customs and Border Protection Customs and Border Protection Accreditation and Approval of Accreditation of R. Markey & Sons, Accreditation and Approval of Pan Inspectorate America Corporation, as a Inc., as a Commercial Laboratory Pacific Surveyors, Inc., as a Commercial Gauger and Laboratory Commercial Gauger and Laboratory AGENCY: U.S. Customs and Border AGENCY: U.S. Customs and Border Protection, Department of Homeland AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. Protection, Department of Homeland Security. Security. ACTION: Notice of accreditation of R. ACTION: Notice of accreditation and Markey & Sons, Inc., as a commercial ACTION: Notice of accreditation and approval of Inspectorate America laboratory. approval of Pan Pacific Surveyors, Inc., Corporation, as a commercial gauger as a commercial gauger and laboratory. and laboratory. SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12, R. Markey SUMMARY: SUMMARY: Notice is hereby given that, Notice is hereby given that, & Sons, Inc., 5 Hanover Square, 12th pursuant to 19 CFR 151.12 and 19 CFR pursuant to 19 CFR 151.12 and 19 CFR Floor, New York, NY 10004, has been 151.13, Inspectorate America 151.13, Pan Pacific Surveyors, Inc., 444 accredited to analyze sugar, sugar Corporation, 33 Rigby Road, South Quay Ave., Suite #7, Wilmington, CA syrups and confectionery products Portland, ME 04106, has been approved 90744, has been approved to gauge and under Chapter 17 of the Harmonized to gauge and accredited to test accredited to test petroleum and Tariff Schedule of the United States petroleum and petroleum products for petroleum products for customs (HTSUS) for customs purposes, in customs purposes, in accordance with purposes, in accordance with the accordance with the provisions of 19 the provisions of 19 CFR 151.12 and 19 provisions of 19 CFR 151.12 and 19 CFR CFR 151.12. Specifically, R. Markey & CFR 151.13. Anyone wishing to employ 151.13. Anyone wishing to employ this Sons has been granted accreditation to this entity to conduct laboratory entity to conduct laboratory analyses perform the following test methods analyses and gauger services should and gauger services should request and only: (1) Polarization of Raw Sugar, request and receive written assurances receive written assurances from the ICUMSA GS 1/2/3–1; (2) The from the entity that it is accredited or entity that it is accredited or approved Determination of the Polarization of approved by the U.S. Customs and by the U.S. Customs and Border Raw Sugar Without Wet Lead Border Protection to conduct the Protection to conduct the specific test or Clarification, ICUMSA GS 1/2/3–2; (3) specific test or gauger service requested. gauger service requested. Alternatively, Sugar Moisture by Loss of Drying, Alternatively, inquires regarding the inquires regarding the specific test or ICUMSA GS 2/1/3–15; (4) Polarization specific test or gauger service this entity gauger service this entity is accredited of White Sugar, ICUMSA GS 2/3–1. is accredited or approved to perform or approved to perform may be directed Anyone wishing to employ this entity to may be directed to the U.S. Customs and to the U.S. Customs and Border conduct laboratory analyses should Border Protection by calling (202) 344– Protection by calling (202) 344–1060. request and receive written assurances 1060. The inquiry may also be sent to The inquiry may also be sent to from the entity that it is accredited by [email protected]. Please reference the [email protected]. Please reference the the U.S. Customs and Border Protection Web site listed below for a complete Web site listed below for a complete to conduct the specific test requested. listing of CBP approved gaugers and listing of CBP approved gaugers and Alternatively, inquires regarding the accredited laboratories: http://cbp.gov/ accredited laboratories: http://cbp.gov/ specific test this entity is accredited to xp/cgov/import/operations_support/ xp/cgov/import/operations_support/ perform may be directed to the U.S. labs_scientific_svcs/ labs_scientific_svcs/ Customs and Border Protection by commercial_gaugers/. commercial_gaugers/. calling (202) 344–1060. The inquiry may also be sent to [email protected]. DATES: The accreditation and approval DATES: The accreditation and approval Please reference the Web site listed of Inspectorate America Corporation, as of Pan Pacific Surveyors, inc., as below for a complete listing of CBP commercial gauger and laboratory commercial gauger and laboratory approved gaugers and accredited became effective on August 19, 2009. became effective on September 15, 2009. laboratories. http://cbp.gov/xp/cgov/ The next triennial inspection date will The next triennial inspection date will import/operations_support/ be scheduled for August 2012. be scheduled for September 2012. labs_scientific_svcs/ _ FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: commercial gaugers/. Anthony Malana, Laboratories and Anthony Malana, Laboratories and DATES: The accreditation of R. Markey & Scientific Services, U.S. Customs and Scientific Services, U.S. Customs and Sons, Inc., as a commercial laboratory Border Protection, 1300 Pennsylvania Border Protection, 1300 Pennsylvania became effective on June 03, 2009. The Avenue, NW., Suite 1500N, Avenue, NW., Suite 1500N, next triennial inspection date will be Washington, DC 20229, 202–344–1060. Washington, DC 20229, 202–344–1060. scheduled for June 2012.

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FOR FURTHER INFORMATION CONTACT: Dated: December 15, 2009. DEPARTMENT OF HOMELAND Anthony Malana, Laboratories and Ira S. Reese, SECURITY Scientific Services, U.S. Customs and Executive Director, Laboratories and Border Protection, 1300 Pennsylvania Scientific Services. U.S. Customs and Border Protection Avenue, NW., Suite 1500N, [FR Doc. E9–30906 Filed 12–29–09; 8:45 am] Washington, DC 20229, 202–344–1060. Approval of Inspectorate America BILLING CODE 9111–14–P Dated: December 15, 2009. Corporation, as a Commercial Gauger Ira S. Reese, AGENCY: U.S. Customs and Border DEPARTMENT OF HOMELAND Executive Director, Laboratories and Protection, Department of Homeland Scientific Services. SECURITY Security. [FR Doc. E9–30910 Filed 12–29–09; 8:45 am] BILLING CODE 9111–14–P U.S. Customs and Border Protection ACTION: Notice of approval of Inspectorate America Corporation, as a Approval of Amspec Services LLC, as commercial gauger. DEPARTMENT OF HOMELAND a Commercial Gauger SECURITY SUMMARY: Notice is hereby given that, AGENCY: U.S. Customs and Border pursuant to 19 CFR 151.13, Inspectorate U.S. Customs and Border Protection Protection, Department of Homeland Security. America Corporation, 178 Mortland Approval of Inspectorate America Road, Searsport, ME 04974, has been Corporation, as a Commercial Gauger ACTION: Notice of approval of Amspec approved to gauge petroleum and Services LLC, as a commercial gauger. petroleum products for customs AGENCY: U.S. Customs and Border purposes, in accordance with the Protection, Department of Homeland SUMMARY: Notice is hereby given that, provisions of 19 CFR 151.13. Anyone Security. pursuant to 19 CFR 151.13, Amspec wishing to employ this entity to conduct Services LLC, 834 Post Oak, Sulphur, ACTION: Notice of approval of gauger services should request and LA 70663, has been approved to gauge Inspectorate America Corporation, as a receive written assurances from the petroleum and petroleum products for commercial gauger. entity that it is approved by the U.S. customs purposes, in accordance with Customs and Border Protection to SUMMARY: Notice is hereby given that, the provisions of 19 CFR 151.13. conduct the specific gauger service pursuant to 19 CFR 151.13, Inspectorate Anyone wishing to employ this entity to requested. Alternatively, inquires America Corporation, 1331 N. Ave. I, conduct gauger services should request regarding the specific gauger service this Suite E, Freeport, TX 77541, has been and receive written assurances from the entity is approved to perform may be approved to gauge petroleum and entity that it is approved by the U.S. directed to the U.S. Customs and Border petroleum products for customs Customs and Border Protection to Protection by calling (202) 344–1060. purposes, in accordance with the conduct the specific gauger service The inquiry may also be sent to requested. Alternatively, inquires provisions of 19 CFR 151.13. Anyone [email protected]. Please reference the regarding the specific gauger service this wishing to employ this entity to conduct Web site listed below for a complete entity is approved to perform may be gauger services should request and listing of CBP approved gaugers and directed to the U.S. Customs and Border receive written assurances from the accredited laboratories. http://cbp.gov/ Protection by calling (202) 344–1060. entity that it is approved by the U.S. xp/cgov/import/operations_support/ Customs and Border Protection to The inquiry may also be sent to _ _ [email protected]. Please reference the labs scientific svcs/ conduct the specific gauger service commercial_gaugers/. requested. Alternatively, inquires Web site listed below for a complete regarding the specific gauger service this listing of CBP approved gaugers and DATES: The approval of Inspectorate entity is approved to perform may be accredited laboratories. http://cbp.gov/ America Corporation, as commercial directed to the U.S. Customs and Border xp/cgov/import/operations_support/ gauger became effective on August 20, Protection by calling (202) 344–1060. labs_scientific_svcs/ 2009. The next triennial inspection date _ The inquiry may also be sent to commercial gaugers/. will be scheduled for August 2012. [email protected]. Please reference the DATES: The approval of Amspec Web site listed below for a complete FOR FURTHER INFORMATION CONTACT: Services LLC, as commercial gauger Anthony Malana, Laboratories and listing of CBP approved gaugers and became effective on July 21, 2009. The accredited laboratories: http://cbp.gov/ Scientific Services, U.S. Customs and _ next triennial inspection date will be Border Protection, 1300 Pennsylvania xp/cgov/import/operations support/ scheduled for July 2012. labs_scientific_svcs/ Avenue, NW., Suite 1500N, commercial_gaugers/. FOR FURTHER INFORMATION CONTACT: Washington, DC 20229, 202–344–1060. Anthony Malana, Laboratories and DATES: The approval of Inspectorate Dated: December 15, 2009. Scientific Services, U.S. Customs and America Corporation, as commercial Ira S. Reese, Border Protection, 1300 Pennsylvania gauger became effective on August 20, Avenue, NW., Suite 1500N, Executive Director, Laboratories and 2009. The next triennial inspection date Scientific Services. Washington, DC 20229, 202–344–1060. will be scheduled for August 2012. [FR Doc. E9–30904 Filed 12–29–09; 8:45 am] Dated: December 15, 2009. FOR FURTHER INFORMATION CONTACT: BILLING CODE 9111–14–P Anthony Malana, Laboratories and Ira S. Reese, Scientific Services, U.S. Customs and Executive Director, Laboratories and Border Protection, 1300 Pennsylvania Scientific Services. Avenue, NW., Suite 1500N, [FR Doc. E9–30909 Filed 12–29–09; 8:45 am] Washington, DC 20229, 202–344–1060. BILLING CODE 9111–14–P

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DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND Background SECURITY SECURITY I. ACE Test Programs Federal Emergency Management U.S. Customs and Border Protection A. ACE Portal Accounts Agency National Customs Automation On May 1, 2002, the former U.S. Program Test Concerning Automated Customs Service, now U.S. Customs and [Internal Agency Docket No. FEMA–1861– Commercial Environment (ACE) Entry Border Protection (CBP), published a DR; Docket ID FEMA–2008–0018] Summary, Accounts and Revenue General Notice in the Federal Register (ESAR III) Capabilities Relating to the (67 FR 21800) announcing a plan to Arkansas; Amendment No. 2 to Notice Filing and Processing of AD/CVD conduct a National Customs of a Major Disaster Declaration Entries and Case Management Automation Program (NCAP) test of the first phase of the Automated AGENCY: Federal Emergency AGENCY: U.S. Customs and Border Commercial Environment (ACE). The Management Agency, DHS. Protection, Department of Homeland test was described as the first step toward the full electronic processing of ACTION: Notice. Security. commercial importations with a focus ACTION: General notice. on defining and establishing an SUMMARY: This notice amends the notice importer’s account structure. The notice of a major disaster declaration for the SUMMARY: This document announces announced that importers and State of Arkansas (FEMA–1861–DR), Custom and Border Protection’s (CBP’s) authorized parties would be allowed to dated December 3, 2009, and related plan to conduct a National Customs access their customs data via a web- determinations. Automation Program (NCAP) test based Account Portal. The notice set concerning new Automated Commercial forth eligibility criteria for companies DATES: Effective Date: December 16, Environment (ACE) Entry Summary, interested in establishing Account 2009. Accounts and Revenue (ESAR III) Portals accessible through ACE. FOR FURTHER INFORMATION CONTACT: capabilities. These new capabilities Subsequent notices revised the Peggy Miller, Disaster Assistance include functionalities specific to the eligibility criteria (see General Notice filing and processing of anti-dumping Directorate, Federal Emergency published in the Federal Register on and countervailing duty (AD/CVD) Management Agency, 500 C Street, SW., February 1, 2005 (67 FR 5199)) and entries and case management. This Washington, DC 20472, (202) 646–3886. expanded the universe of eligible notice announces the test’s participants in the ACE test and the SUPPLEMENTARY INFORMATION: The notice commencement, describes the types of ACE Portal Accounts. of a major disaster declaration for the eligibility, procedural and On February 4, 2004, CBP published State of Arkansas is hereby amended to documentation requirements for two General Notices in the Federal include the following area among those voluntary participation in the test, Register that established ACE Truck areas determined to have been adversely outlines CBP’s development and Carrier Accounts and opened the affected by the event declared a major evaluation methodology, and invites application period for authorized disaster by the President in his public comment concerning any aspect importers and their designated brokers declaration of December 3, 2009. of the test. to participate in the NCAP test to implement the Periodic Monthly Drew County for Public Assistance. The DATES: The ESAR III test will commence no earlier than January 17, 2010, and Statement (PMS) process (see 69 FR following Catalog of Federal Domestic 5360 and 69 FR 5362, respectively). Assistance Numbers (CFDA) are to be used will continue until concluded by way of Brokers were invited to establish Broker for reporting and drawing funds: 97.030, announcement in the Federal Register. Accounts in ACE in order to participate Community Disaster Loans; 97.031, Cora Comments concerning this notice and in the NCAP test to implement PMS. In Brown Fund; 97.032, Crisis Counseling; any aspect of the test may be submitted both of the February 4, 2004, General 97.033, Disaster Legal Services; 97.034, at any time during the test period to the Disaster Unemployment Assistance (DUA); address set forth below. Notices, CBP advised participants that 97.046, Fire Management Assistance Grant; they could designate only one person as ADDRESSES: Comments concerning this the Account Owner for the company’s 97.048, Disaster Housing Assistance to notice should be submitted via e-mail to Individuals and Households In Presidentially ACE Portal Account. The Account Joe Palmer at [email protected]. Owner was identified as the party Declared Disaster Areas; 97.049, Please indicate ‘‘ESAR III (AD/CVD Presidentially Declared Disaster Assistance— responsible for safeguarding the Entry Summary Processing/Case Mgt Disaster Housing Operations for Individuals company’s ACE Portal Account Notice)’’ in the subject line of your e- and Households; 97.050 Presidentially information, controlling all disclosures mail. Declared Disaster Assistance to Individuals of that information to authorized persons, authorizing user access to the and Households—Other Needs; 97.036, FOR FURTHER INFORMATION CONTACT: For ACE Portal Account information, and Disaster Grants—Public Assistance policy-related questions, contact ensuring the strict control of access by (Presidentially Declared Disasters); 97.039, Christine Furgason at authorized persons to the ACE Portal Hazard Mitigation Grant. [email protected]. For information. technical questions related to ABI W. Craig Fugate, On September 8, 2004, CBP published transmissions, contact your assigned Administrator, Federal Emergency a General Notice in the Federal Register client representative. Interested parties Management Agency. (69 FR 54302) inviting customs brokers without an assigned client [FR Doc. E9–30941 Filed 12–29–09; 8:45 am] to participate in the ACE Portal test representative should direct their generally and informing interested BILLING CODE 9111–23–P questions to the Client Representative parties that once they had been notified Branch at (703) 650–3500. by CBP that their request to participate SUPPLEMENTARY INFORMATION: in the ACE Portal test had been

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accepted, they would be asked to sign (71 FR 15756) announcing that truck Carrier Portal Accounts were also and submit a Terms and Conditions carriers who do not have ACE Truck provided with the ability to create and document. CBP subsequently contacted Carrier Accounts may use third parties maintain driver accounts and search for those participants and asked them to to transmit truck manifest information and correlate existing driver accounts to also sign and submit an ACE Power of on their behalf electronically in the ACE their Carrier Account. Finally, ESAR I Attorney form and an Additional Truck Manifest system via Electronic also announced the expansion of Portal Account/Account Owner Information Data Interface (EDI) messaging Account Types to include: carriers (all form. modes: air, rail, sea); cartman; D. ACE Entry Summary, Accounts and lighterman; driver/crew; facility B. Terms and Conditions for Access to Revenue (ESAR I) Capabilities operator; filer; foreign trade zone (FTZ) the ACE Portal On October 18, 2007, CBP published operator; service provider; and surety. On May 16, 2007, CBP published a a General Notice in the Federal Register General Notice in the Federal Register (72 FR 59105) announcing CBP’s plan to E. ACE Entry, Summary, Accounts and (72 FR 27632) announcing a revision of conduct a new test concerning ACE Revenue (ESAR II) Capabilities the terms and conditions that must be Entry Summary, Accounts and Revenue On August 26, 2008, CBP published a followed as a condition for access to the (ESAR) capabilities, providing enhanced General Notice in the Federal Register ACE Portal. These terms and conditions account management functions for ACE (73 FR 50337) announcing the agency’s superseded and replaced the Terms and Portal Accounts and expanding the plan to conduct a new test concerning Conditions document previously signed universe of ACE account types. This ACE Entry Summary, Accounts, and and submitted to CBP by ACE Portal General Notice is commonly referred to Revenue (ESAR II) functionality that Trade Account Owners. The notice as ESAR I. As stated in that notice, ACE would provide new Portal and EDI specified that no further action would is now the lead system for CBP-required capabilities specific to entry summary be required by ACE Portal Trade master data elements (e.g., company filing and processing of consumption Account Owners for those ACE Portal name, address, and point of contact) as and informal entries. The notice stated Accounts already established with CBP well as related reference files (e.g., that functionality will include ABI with the proper Account Owner listed. country code, port code, manufacturer Census Warning Overrides and issuance The principal changes to the ACE Terms ID, and gold currency exchange rate and of CBP requests for information and and Conditions included a revised conversion calculator). See ACE notices of action through the ACE definition of ‘‘Account Owner’’ to Systems of Record Notice, published in Portal, and that new functionality will permit either an individual or a legal the Federal Register on January 19, enhance Portal Account Management entity to serve in this capacity, new 2006 (71 FR 3109). This means that the and allow for ACE Secure Data Portal requirements relating to providing creation and maintenance of specified reporting. The notice indicated that this notice to CBP when there has been a master data elements will originate in release of ESAR II initially would be material change in the status of the ACE and will be distributed to other limited only to formal entries, Account and/or Trade Account Owner, CBP systems such as the Automated commonly referred to in the Automated and explanatory provisions as to how Commercial System (ACS). Commercial System (ACS) as type 01 the information from a particular In addition to announcing that entries, and informal entries, commonly account may be accessed through the importer Portal Accounts are capable of referred to in ACS as type 11 entries. ACE Portal when that account is creating and maintaining specified The notice listed the ports where the transferred to a new owner. importer data via the ACE Portal, ESAR test was expected to be deployed and On July 7, 2008, CBP published a I stated that filers have the ability to requested that interested ABI General Notice in the Federal Register create a new CBP Form 5106 (Importer participants wishing to submit type 01 (73 FR 38464) which revised the terms ID Input Record) via the ACE Portal or and 11 entries for this test provide to and conditions set forth in the May 16, the Automated Broker Interface (ABI), CBP, within 60 days of the date of 2007, General Notice regarding the and view applicable Participating publication of that notice, the number of period of Portal inactivity which will Government Agency (PGA) licenses, expected ACE entry summaries that will result in termination of access to the permits and certificates via the ACE be submitted to the listed ports. ACE Portal. The July 7, 2008, General Portal. Through this notice, Broker Importer and broker volunteers Notice provided that if 45 consecutive Portal Accounts were provided the interested in benefiting from Portal days elapse without an Account Owner, capability through the ACE Portal of functionality available in this test were Proxy Account Owner, or Account User maintaining organizational demographic also advised that they must have an accessing the ACE Portal, access to the data (e.g., addresses, points of contact, ACE Portal Account. ABI volunteers Portal will be terminated. The time etc.), license and permit qualifiers, data were advised that for this test, they must period for allowable Portal inactivity on managing officials, employee lists, have the ability to file entries on a previously was 90 days. information on relationships to statement (i.e., no non-statement; single individual licensed brokers, points of pay entry summaries would be allowed) C. ACE Non-Portal Accounts contact and address information (at filer and must use a software package that CBP has also permitted certain parties code level for each local broker permit has completed ABI certification testing to participate in specified ACE tests and each port covered by the local for ACE. without establishing ACE Portal permit, and for the national broker CBP subsequently published a Accounts (‘‘Non-Portal Accounts’’). On permit). Truck Carrier Portal Accounts General Notice in the Federal Register October 24, 2005, CBP published a were provided the capability through on March 6, 2009 (74 FR 9826) General Notice in the Federal Register the ACE Portal to view any applicable announcing the port-by-port phased (70 FR 61466) announcing that PGA licenses, permits and certificates, deployment strategy for the ESAR II importers could establish ACE Non- and to maintain through the ACE Portal functionality. In that notice, CBP invited Portal Accounts and participate in the addresses and points of contact and pre- any additional interested ABI applicants PMS test under certain conditions. On registered truck conveyance meeting the eligibility criteria specified March 29, 2006, CBP published another information, including equipment, in the August 26, 2008, notice to General Notice in the Federal Register shipper, and consignee data. Truck participate in the ESAR II test. Eligible

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ABI trade volunteers interested in location such as additional message ability to identify the actual AD/CVD submitting type 01 and 11 entries for the header data elements (e.g., ‘‘message Non-Reimbursement declaration that ESAR test were advised to contact their status,’’ ‘‘Federal Register Notice cite,’’ cites the case and that is on file with assigned client representative directly. ‘‘Federal Register Notice publication CBP. Similarly, interested software date,’’ ‘‘court order number’’) and the Filers will have the ability to run an developers were also advised to contact ability to run searches for all types of ABI query of AD/CVD case information. their client representative with regard to messages related to a particular case via Information returned in the query their interest in ABI certification testing the Portal. output will include data required by for ACE. To date, the ESAR II Importers with an ACE Portal ABI filers to successfully file AD or CVD functionality is available at all ports, Account who have selected ‘‘portal’’ as entry summaries in ACE. The available nationwide. their mode of communication will now queries will include: (1) Specific case also be able to respond to CBP Forms numbers—input Q1–Record; and, (2) II. Test Concerning New ACE Entry 28, 29 and 4647 regarding AD/CVD Case criteria (such as country, Summary, Accounts and Revenue entries via the ACE Portal as well as all Manufacturer Identification Number (ESAR III) Capabilities Relating to the entry summaries (that is, both ACS and (MID), and date since last update)— Filing and Processing of AD/CVD ACE entry summaries). input Q2–Record. Entries and Case Management Brokers with an ACE Portal Account Additionally there will be 10 different A. In General will now also be able to create output records to provide case details declarations for their Non-Portal This document announces CBP’s plan including: Accounts for AD/CVD entries. Brokers • Case general information (status, to conduct a test concerning new ACE with clients possessing their own related case, short description, etc.) Entry Summary, Accounts and Revenue importer Portal Accounts, however, will • Case official name (ESAR III) functionalities that provide not be able to create declarations on • Manufacturer details new Portal and EDI capabilities specific behalf of their clients. Brokers will have • Foreign exporter details to the filing and processing of anti- to be granted access as a ‘‘user’’ on the • Department of Commerce contact dumping and countervailing duty (AD/ importer’s Portal Account in order to information CVD) entries (commonly referred to in create the declaration. • Deposit rate details ACS as type 03 entries) and AD/CVD ACE Secure Data Portal Reports will • Case events case management. Functionality for also be enhanced to include AD/CVD • Bond/cash details other entry types will be implemented Entry Summary Data. • Tariff details as it becomes available and will be • C. EDI Capability Entry summary liquidation announced via subsequent publication suspension details in the Federal Register. It is noted that Trade participants may begin to file Revisions to CATAIR chapters will type 03 ACE entry summaries and AD/ entry summaries electronically in ACE include: CVD case data that are processed under for entry types 03 using a better • Entry Summary Create/Update (AE/ this test are covered by the ACE Systems organized, more descriptive ACE ABI AX) of Record Notice (DHS/CBP–001), CATAIR (Customs and Trade • Entry Summary Query (JC/JD) published in the Federal Register on Automated Interface Requirements) • Appendix G—ACE Condition Codes January 19, 2006 (71 FR 3109). For all document. CATAIR documentation and Narrative Text others who are not participating in the provides complete information • ACE ABI CATAIR—Table of ESAR III, data is processed under ACS describing how importers and/or their Contents Systems of Record Notice (DHS/CBP– agents provide electronic import • AD/CVD Case Information Query 015) published in the Federal Register information to ABI, and receive Interested parties are directed to on December 19, 2008 (73 FR 77759). transmissions from ABI once they have cbp.gov for more detailed information The procedures and criteria related to become a participant. regarding these new ACE ABI CATAIR participation in the prior ACE tests, Type 03 entries filed under this ESAR formats. referenced above in Section I of this III test will now require the submission document, remain in effect unless of the ‘‘sold to’’ party and ‘‘foreign III. Confidentiality otherwise explicitly changed by this or exporter’’ at the line level. This All data submitted and entered into subsequent General Notices published requirement differs from the ESAR I and the ACE Portal is subject to the Trade in the Federal Register. II tests that apply to 01 and 011 entry Secrets Act (18 U.S.C. 1905) and is types. The CATAIR should be consulted considered confidential, except to the B. Portal Capability for further guidance pertaining to the extent as otherwise provided by law (see AD/CVD case management will definitions for each of these new data 19 U.S.C. 1431(c)). As stated in previous include the capability to search, display elements. Additionally, 01 entry types notices, participation in this or any of and print both AD/CVD case filed under this test will now require the the previous ACE tests is not information and AD/CVD messages. The ‘‘sold to’’ party and ‘‘consignee’’ party; confidential and upon a written case reference file will provide the this is a change from the previous ESAR Freedom of Information Act request, a ability to record and track the life cycle II test where only the ‘‘consignee’’ party name(s) of an approved participant(s) of an AD/CVD case and will contain was required. As previously, mentioned, will be disclosed by CBP in accordance important case information such as the the CATAIR document should be with 5 U.S.C. 552. If necessary, CBP will duty deposit rates, entry summary consulted for further guidance reserve the right to limit the number of suspension status, bond/cash status, pertaining to the definitions for the participants and locations during the administrative review information and referenced data elements. initial stages of the test. events related to the case history (e.g., Filers will have the ability to make an ‘‘initiation,’’ ‘‘preliminary,’’ ‘‘Final,’’ AD/CVD Non-Reimbursement statement IV. Waiver of Affected Regulations ‘‘Order,’’ ‘‘Terminated’’). The AD/CVD on any line item that includes AD/CVD Any provision in title 19 of the Code messages now resident in ACE will also information. Accompanying the case of Federal Regulations including, but house additional information in one information, the filer will also have the not limited to, provisions found in parts

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141, 142, 143 and 151 relating to entry/ conduct of the test at any time during from severe storms, flooding, mudslides, and entry summary processing that are the test period. CBP will publish the rockslides during the period of October 6–11, inconsistent with the requirements set final results in the Federal Register and 2009, is of sufficient severity and magnitude forth in this notice are waived for the the Customs Bulletin as required by 19 to warrant a major disaster declaration under duration of the test. See 19 CFR CFR 101.9(b). the Robert T. Stafford Disaster Relief and 101.9(a). Additionally, any previous The following evaluation methods Emergency Assistance Act, 42 U.S.C. 5121 et practice pertaining to party definitions, and criteria have been suggested: seq. (the ‘‘Stafford Act’’). Therefore, I declare including but not limited to ‘‘ultimate 1. Baseline measurements to be that such a major disaster exists in the State consignee,’’ that are inconsistent with established through data analysis. of Alaska. the requirements set forth in this notice 2. Questionnaires from both trade In order to provide Federal assistance, you are hereby authorized to allocate from funds are waived for the duration of the test. participants and CBP addressing such available for these purposes such amounts as The CATAIR should be consulted for issues as: • Workload impact (workload shifts/ you find necessary for Federal disaster appropriate terms and definitions for assistance and administrative expenses. the purposes of this test. volume, cycle times, etc.). • Cost savings (staff, interest, You are authorized to provide Public V. Misconduct Under the Test reduction in mailing costs, etc.). Assistance in the designated areas and • Policy and procedure Hazard Mitigation throughout the State. An ACE test participant may be Consistent with the requirement that Federal subject to civil and criminal penalties, accommodation. • Trade compliance impact. assistance is supplemental, any Federal administrative sanctions, liquidated • Problem resolution. funds provided under the Stafford Act for damages, and/or suspension from this • System efficiency. Public Assistance and Hazard Mitigation will test for any of the following: • Operational efficiency. be limited to 75 percent of the total eligible • Failure to follow the terms and • Other issues identified by the costs. conditions of this test. participant group. Further, you are authorized to make • Failure to exercise reasonable care Dated: December 24, 2009. changes to this declaration for the approved in the execution of participant assistance to the extent allowable under the Daniel Baldwin, obligations. Stafford Act. • Failure to abide by applicable laws Assistant Commissioner, Office of and regulations. International Trade. The Federal Emergency Management • Failure to deposit duties or fees in [FR Doc. E9–31006 Filed 12–29–09; 8:45 am] Agency (FEMA) hereby gives notice that a timely manner. BILLING CODE 9111–14– P (50%)– 9111–15– P(50%) pursuant to the authority vested in the • Misuse of the ACE Portal. Administrator, under Executive Order • Engagement in any unauthorized 12148, as amended, Dolph A. Diemont, disclosure or access to the ACE Portal. DEPARTMENT OF HOMELAND of FEMA is appointed to act as the • Engagement in any activity which SECURITY Federal Coordinating Officer for this interferes with the successful evaluation major disaster. of the new technology. Federal Emergency Management The following areas of the State of Suspensions for misconduct will be Agency Alaska have been designated as administered by the Executive Director, [Internal Agency Docket No. FEMA–1865– adversely affected by this major disaster: Commercial Targeting and Enforcement, DR; Docket ID FEMA–2008–0018] Office of International Trade, CBP Kodiak Island Borough for Public Headquarters. A notice proposing Alaska; Major Disaster and Related Assistance. suspension will be provided in writing Determinations All boroughs and Regional Educational to the participant. Such notice will Attendance Areas in the State of Alaska are AGENCY: Federal Emergency eligible to apply for assistance under the apprise the participant of the facts or Management Agency, DHS. conduct warranting suspension and will Hazard Mitigation Grant Program. ACTION: Notice. inform the participant of the date that The following Catalog of Federal Domestic the suspension will begin. Any decision SUMMARY: This is a notice of the Assistance Numbers (CFDA) are to be used proposing suspension of a participant Presidential declaration of a major for reporting and drawing funds: 97.030, may be appealed in writing to the disaster for the State of Alaska (FEMA– Community Disaster Loans; 97.031, Cora Assistant Commissioner, Office of 1865–DR), dated December 18, 2009, Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, International Trade, within 15 calendar and related determinations. Disaster Unemployment Assistance (DUA); days of the notification date. Should the DATES: Effective Date: December 18, participant appeal the notice of 97.046, Fire Management Assistance Grant; 2009. 97.048, Disaster Housing Assistance to proposed suspension, the participant FOR FURTHER INFORMATION CONTACT: Individuals and Households In Presidentially must address the facts or conduct Declared Disaster Areas; 97.049, charges contained in the notice and Peggy Miller, Disaster Assistance Directorate, Federal Emergency Presidentially Declared Disaster Assistance— state how compliance will be achieved. Disaster Housing Operations for Individuals In cases of non-payment, late payment, Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3886. and Households; 97.050, Presidentially willful misconduct or where public Declared Disaster Assistance to Individuals SUPPLEMENTARY INFORMATION: Notice is health interests or safety is concerned, and Households—Other Needs; 97.036, the suspension may be effective hereby given that, in a letter dated Disaster Grants—Public Assistance immediately. December 18, 2009, the President issued (Presidentially Declared Disasters); 97.039, a major disaster declaration under the Hazard Mitigation Grant. VI. Test Evaluation Criteria authority of the Robert T. Stafford To ensure adequate feedback, Disaster Relief and Emergency W. Craig Fugate, participants are required to participate Assistance Act, 42 U.S.C. 5121 et seq. Administrator, Federal Emergency in an evaluation of this test. CBP also (the ‘‘Stafford Act’’), as follows: Management Agency. invites all interested parties to comment I have determined that the damage in [FR Doc. E9–31018 Filed 12–29–09; 8:45 am] on the design, implementation and certain areas of the State of Alaska resulting BILLING CODE 9111–23–P

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DEPARTMENT OF HOMELAND as the Federal Coordinating Officer for inspections involving agriculture, SECURITY this major disaster. customs, and immigration concerns. The following areas of the State of DATES: Applications for membership Federal Emergency Management Nebraska have been designated as should reach CBP on or before March 1, Agency adversely affected by this major disaster: 2010. [Internal Agency Docket No. FEMA–1864– Gage, Jefferson, Johnson, Nemaha, Pawnee, ADDRESSES: If you wish to apply for DR; Docket ID FEMA–2008–0018] Richardson, and Thayer Counties for Public membership, your application should be Assistance. sent to CBP by one of the following Nebraska; Major Disaster and Related All counties within the State of Nebraska methods: Determinations are eligible to apply for assistance under the • E-mail: [email protected]. Hazard Mitigation Grant Program. • Facsimile: (202) 344–1969. AGENCY: Federal Emergency The following Catalog of Federal Domestic • Mail: Ms. Elizabeth Williamson, Management Agency, DHS. Assistance Numbers (CFDA) are to be used Program Management Analyst, Office of ACTION: Notice. for reporting and drawing funds: 97.030, Trade Relations, Customs and Border Community Disaster Loans; 97.031, Cora Protection, 1300 Pennsylvania Avenue, SUMMARY: This is a notice of the Brown Fund; 97.032, Crisis Counseling; NW., Room 5.2A, Washington, DC Presidential declaration of a major 97.033, Disaster Legal Services; 97.034, disaster for the State of Nebraska Disaster Unemployment Assistance (DUA); 20229. (FEMA–1864–DR), dated December 16, 97.046, Fire Management Assistance Grant; FOR FURTHER INFORMATION CONTACT: Ms. 2009, and related determinations. 97.048, Disaster Housing Assistance to Elizabeth Williamson, Program Individuals and Households In Presidentially DATES: Effective Date: December 16, Management Analyst, Office of Trade Declared Disaster Areas; 97.049, Relations, U.S. Customs and Border 2009. Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals Protection, (202) 344–1440, FAX (202) FOR FURTHER INFORMATION CONTACT: 344–1969. Peggy Miller, Disaster Assistance and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals SUPPLEMENTARY INFORMATION: Directorate, Federal Emergency and Households—Other Needs; 97.036, Management Agency, 500 C Street, SW., Disaster Grants—Public Assistance Background Washington, DC 20472, (202) 646–3886. (Presidentially Declared Disasters); 97.039, The U.S. Customs and Border SUPPLEMENTARY INFORMATION: Notice is Hazard Mitigation Grant. Protection Airport and Seaport hereby given that, in a letter dated W. Craig Fugate, Inspections User Fee Advisory December 16, 2009, the President issued Administrator, Federal Emergency Committee was established as an a major disaster declaration under the Management Agency. advisory committee in accordance with authority of the Robert T. Stafford [FR Doc. E9–31016 Filed 12–29–09; 8:45 am] the provisions of the Federal Advisory Disaster Relief and Emergency Committee Act (FACA), 5 U.S.C. App. BILLING CODE 9111–23–P Assistance Act, 42 U.S.C. 5121 et seq. This Advisory Committee was originally (the ‘‘Stafford Act’’), as follows: established pursuant to section 286(k) of I have determined that the damage in DEPARTMENT OF HOMELAND the Immigration and Nationality Act certain areas of the State of Nebraska SECURITY (INA), codified at title 8 U.S.C. 1356(k), resulting from a severe winter storm during which references the Federal Advisory the period of November 16–17, 2009, is of U.S. Customs and Border Protection Committee Act (5 U.S.C. App.). With the sufficient severity and magnitude to warrant merger of the Immigration and a major disaster declaration under the Robert Request for Applicants for Naturalization Service into the U.S. T. Stafford Disaster Relief and Emergency Appointment to the U.S. Customs and Department of Homeland Security Assistance Act, 42 U.S.C. 5121 et seq. (the Border Protection Airport and Seaport ‘‘Stafford Act’’). Therefore, I declare that such (DHS), the Advisory Committee’s a major disaster exists in the State of Inspections User Fee Advisory responsibilities were transferred from Nebraska. Committee the Attorney General to the In order to provide Federal assistance, you Commissioner of U.S. Customs and are hereby authorized to allocate from funds AGENCY: U.S. Customs and Border Border Protection (CBP) pursuant to available for these purposes such amounts as Protection, Department of Homeland section 1512(d) of the Homeland you find necessary for Federal disaster Security (DHS). Security Act of 2002. assistance and administrative expenses. ACTION: Committee Management: You are authorized to provide Public request for applicants for appointment The Committee Assistance in the designated areas and to the U.S. Customs and Border Purpose and Objective: The purpose Hazard Mitigation throughout the State. of the Committee is to provide advice to Consistent with the requirement that Federal Protection Airport and Seaport assistance is supplemental, any Federal Inspections User Fee Advisory the Commissioner of CBP and the funds provided under the Stafford Act for Committee. Secretary of DHS on issues related to the Public Assistance and Hazard Mitigation will performance of airport and seaport be limited to 75 percent of the total eligible SUMMARY: U.S. Customs and Border inspections involving agriculture, costs. Protection (CBP) is requesting customs, and immigration concerns on Further, you are authorized to make individuals who are interested in a regular basis in an open and candid changes to this declaration for the approved serving on the U.S. Customs and Border atmosphere. The Committee provides a assistance to the extent allowable under the Protection Airport and Seaport critical and unique forum for Stafford Act. Inspections User Fee Advisory distinguished representatives of diverse The Federal Emergency Management Committee (or the Committee) to apply industry sectors to present their views Agency (FEMA) hereby gives notice that for appointment. The Committee and advice directly to CBP officials on pursuant to the authority vested in the provides advice and makes issues concerning staffing levels, Administrator, under Executive Order recommendations to the Commissioner inspectional programs, and user fees. 12148, as amended, Stephen R. of CBP on issues related to the Balanced Membership Plans: The Thompson, of FEMA is appointed to act performance of airport and seaport members will be selected by the

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Commissioner of CBP (subject to Any interested person wishing to ensure its work is not disrupted. The approval by the Secretary of DHS) to serve on the Committee must provide Board’s twelve members will be represent the point of view of the the following: balanced to represent a cross-section of airline, cruise ship, transportation, and • Statement of interest and reasons disciplines and expertise relevant to the other industries who may be subject to for application; and National Park Service mission. The re- immigration and agriculture and/or • Complete professional biography or establishment of the Board comports customs inspection user fees. It is resume. with the requirements of the Federal intended that the committee will be In support of the policy of the DHS on Advisory Committee Act, as amended (5 composed of candidates with diverse gender and ethnic diversity, qualified U.S.C., Appendix), and follows views, thus creating a balanced forum. women and members of minority groups consultation with the General Services are encouraged to apply for Administration. Committee Meetings membership. Certification: I hereby certify that the The Committee generally meets Dated: December 23, 2009. re-establishment of the National Park biannually, although additional System Advisory Board is necessary and Jayson P. Ahern, meetings may be scheduled. The in the public interest in connection with Committee is co-chaired by the Deputy Acting Commissioner, U.S. Customs and the performance of duties imposed on Border Protection. Assistant Commissioner for CBP’s Office the Department of the Interior by the of Administration (formerly the Office [FR Doc. E9–31007 Filed 12–29–09; 8:45 am] Act of August 25, 1916, 16 U.S.C. 1 et of Finance), and the Deputy Assistant BILLING CODE 9111–14–P seq., and other statutes relating to the Commissioner for CBP’s Office of Field administration of the National Park Operations. System. DEPARTMENT OF THE INTERIOR Committee Membership Ken Salazar, CBP is increasing the membership of National Park System Advisory Board Secretary of the Interior. this committee from the existing 10 Re-establishment [FR Doc. E9–31051 Filed 12–29–09; 8:45 am] members up to 15 members. New AGENCY: National Park Service, Interior. BILLING CODE P members will be appointed to serve a ACTION: term of up to twenty-four months. Notice of Re-establishment of Membership on the Committee is the National Park System Advisory DEPARTMENT OF THE INTERIOR personal to the appointee. Under the Board. Agency Information Collection Charter, a member may not send an SUMMARY: The Secretary of the Interior alternate to represent him or her at a Activities; Proposals, Submissions, intends to re-establish the National Park and Approvals Committee meeting. However, since System Advisory Board. This action is Committee meetings are open to the necessary and in the public interest in AGENCY: U.S. Geological Survey, public, another person from a member’s connection with the performance of Interior. organization may attend and observe the statutory duties imposed upon the ACTION: proceedings in a nonparticipating Notice of an extension of an Department of the Interior and the information collection (1028–0092). capacity. Regular attendance is National Park Service. essential; the Charter provides that a FOR FURTHER INFORMATION CONTACT: Ms. SUMMARY: The U.S. Geological Survey is member who is absent for two Shirley S. Smith, 202–208–7160. requesting renewal of an existing consecutive meetings or two meetings in information collection that received a calendar year may be recommended SUPPLEMENTARY INFORMATION: The Board was established initially by section 3 of emergency clearance on October 22, for replacement on the Committee. 2009. We will ask the Office of Members who are currently serving the Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463), and has been in Management and Budget (OMB) to on the Committee are eligible to re- approve the information collection (IC) apply for membership. A new existence almost continuously since then. Pursuant to Public Law 111–8, the described below. As required by the application letter (see ADDRESSES above) Paperwork Reduction Act of 1995 (PRA) is required, but it may incorporate legislative authorization will expire January 1, 2010. However, due to the and as part of our continued effort to reference materials previously filed reduce paperwork and respondent (please attach courtesy copies). importance of the issues on which the Board advises, in the event the Board is burden, we invite the general public and Members of the Airport and Seaport other federal agencies to take this Inspections User Fee Advisory not extended by legislation prior to that termination date, the Secretary of the opportunity to comment on this IC. We Committee will represent their may not conduct or sponsor and a respective interest groups and are not Interior intends to exercise the authority contained in Section 3 of Public Law person is not required to respond to a Special Government Employees as collection of information unless it defined in section 202(a) of title 18, 91–383 (16 U.S.C. 1a–2(c)) to re- establish and continue the Board as a displays a currently valid OMB control United States Code. number. Members will not be compensated by discretionary committee from January 1, the Federal Government for their service 2010, until such time as it may be DATES: You must submit comments on as members of the Airport and Seaport legislatively reauthorized. If the Board is or before March 1, 2010. Inspections User Fee Advisory renewed legislatively after January 1, ADDRESSES: Send your comments on Committee. 2010, the discretionary Board will revert this information collection directly to to a legislative Board. Phadrea Ponds, Information Collections Application for Advisory Committee The advice and recommendations Clearance Officer, U.S. Geological Appointment provided by the Board and its Survey, 2150–C Center Avenue, Fort There is no prescribed format for the subcommittees fulfill an important need Collins, CO 80525 (mail); (970) 226– application. Applicants may send a within the Department of the Interior 9230 (fax); or [email protected] (e-mail). letter describing their interest and and the National Park Service, and it is Use Information Collection Number qualifications and enclose a resume. necessary to re-establish the Board to 1028–0092 in the subject line.

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FOR FURTHER INFORMATION CONTACT: To a report must be submitted summarizing ACTION: Notice and request for request additional information please the previous quarter’s progress. The comments. contact Teresa Dean at (703) 648–4825 quarterly report will take at least 1 hour or e-mail at [email protected]. to prepare (totaling 80 burden hours). A SUMMARY: Under provisions of the Paperwork Reduction Act of 1995 and SUPPLEMENTARY INFORMATION: final report must be submitted within 90 calendar days of the end of the project 36 CFR Part 51, Subpart C, regarding the I. Abstract period. We estimate that approximately Solicitation, Selection and Award During FY10, the NGP of the USGS 10 hours will be used to complete the Procedures, the National Park Service will provide funding under the final report (totaling 200 hours). invites comments on a currently American Recovery and Reinvestment Estimated Reporting and approved collection of information Act (ARRA) for the collection of Recordkeeping ‘‘Non-Hour Cost’’ (OMB Control # 1024–0125). orthoimagery and elevation data. We Burden: There are no ‘‘non-hour cost’’ The OMB has up to 60 days to will accept applications from State, burdens associated with this collection approve or disapprove the requested local or tribal governments and of information. information collection, but may respond academic institutions to advance the after 30 days. Therefore, to ensure III. Request for Comments development of The National Map and maximum consideration, OMB should other national geospatial databases. This We are soliciting comments as to: (a) receive public comments within 30 days effort will support our need to Whether the proposed collection of of the date on which this notice is supplement ongoing data collection information is necessary for the agency published in the Federal Register. activities to respond to an increasing to perform its duties, including whether The National Park Service published demand for more accurate and current the information is useful; (b) the the 60-day Federal Register notice to elevation data and orthoimagery. To accuracy of the agency’s estimate of the solicit comments on this proposed submit a proposal, a completed project burden of the proposed collection of information collection on August 6, narrative and application must be information; (c) how to enhance the 2009, on pages 39335–39336. submitted via Grants.gov. Grant quality, usefulness, and clarity of the DATES: Public comments on the recipients must complete a final information to be collected; and (d) how proposed Information Collection technical report at the end of the project to minimize the burden on the Request (ICR) will be accepted for 30 period. All application instructions and respondents, including the use of days from the date of publication in the forms are available on the Internet automated collection techniques or Federal Register. through Grants.gov (http:// other forms of information technology. ADDRESSES: You may submit comments www.grants.gov). Hard/paper Please note that the comments directly to the Desk Officer for the submissions and electronic copies submitted in response to this notice are Department of the Interior, (OMB submitted via e-mail will not be a matter of public record. Before #1024–0125) Office of Information and accepted under any circumstances. All including your address, phone number, Regulatory Affairs, OMB by fax at 202/ reports will be accepted electronically e-mail address, or other personal 395–5806, or by electronic mail at via e-mail. identifying information in your [email protected]. Please comment, you should be aware that also send a copy of your comments to II. Data your entire comment, including your Ms. Jo A. Pendry, Concession Program OMB Control Number: 1028–0092. personal identifying information, may Manager, National Park Service, 1849 C Title: National Map: Imagery and be made publicly available at any time. Street, NW. (2410), Washington, DC Elevation Maps Grants Program. While you can ask OMB in your 20240, or electronically to Type of Request: Extension of comment to withhold your personal [email protected]. currently approved collection. identifying information from public FOR FURTHER INFORMATION CONTACT: Jo Respondent Obligation: Required to review, we cannot guarantee that it will A. Pendry, phone: 202–513–7156, fax: receive benefits. be done. To comply with the public 202–371–6662, or at the address above. Frequency of Collection: Annually. process, we publish this Federal You are entitled to a copy of the entire Description of Respondents: State, Register notice announcing that we will ICR package free-of-charge. Local and Tribal Governments, private submit this ICR to OMB for approval. and non-profit firms, and academic The notice provided the required 60 day There were no public comments institutions. public comment period. received as a result of publishing in the Estimated Number of Annual Federal Register a 60-day Notice of Responses: 40 applications and 20 final Dated: December 23, 2009. Intention to Request Clearance of reports. Julia Fields, Information Collection for this survey. Estimated Annual Reporting and Deputy Director, National Geospatial SUPPLEMENTARY INFORMATION: Recordkeeping: ‘‘Hour’’ Burden: 2,680 Program. Title: Submission of Offers in hours. We expect to receive [FR Doc. E9–30939 Filed 12–29–09; 8:45 am] Response to Concession Opportunities. approximately 40 applications. It will BILLING CODE 4311–AM–P OMB Control Number: 1024–0125. take each applicant approximately 60 Expiration Date of Approval: January hours to complete the narrative and 31, 2010. present supporting documents. This DEPARTMENT OF THE INTERIOR Type of Request: Extension of a includes the time for project conception currently approved information and development, proposal writing, National Park Service collection. reviewing, and submitting the proposal 30-Day Notice of Submission of Study Description of Need: The regulations application through Grants.gov (totaling Package to Office of Management and at 36 CFR Part 51 primarily implement 2,400 burden hours). We anticipate Budget; Opportunity for Public Title IV of the National Parks Omnibus awarding 20 grants per year. The award Comment Management Act of 1998 (Pub. L. 105– recipients must submit quarterly and 391 or the Act), which provides new final reports during the project. Within AGENCY: Department of the Interior; legislative authority, policies and 7 days of the beginning of each quarter, National Park Service. requirements for the solicitation, award

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and administration of National Park Dated: December 16, 2009. mortality and serious injury that is Service (NPS) concession contracts. The Cartina A. Miller, likely to cause the stock to be reduced regulations require the submission of NPS Information Collection Clearance below its optimum sustainable offers by parties interested in applying Officer, Washington Administrative Program population level (OSP). OSP is defined for a NPS concession contract. Center. as ‘‘the number of animals which will NPS has submitted a request to OMB [FR Doc. E9–31021 Filed 12–29–09; 8:45 am] result in the maximum productivity of to renew approval of the collection of BILLING CODE 4313–53–P the population or the species, keeping information in 36 CFR Part 51, Subpart in mind the carrying capacity of the C, regarding Solicitation, Selection, and habitat and the health of the ecosystem Award Procedures. NPS is requesting a DEPARTMENT OF THE INTERIOR of which they form a constituent element.’’ 3-year term of approval for this Fish and Wildlife Service information collection activity. To help accomplish the goal of maintaining marine mammal stocks at An agency may not conduct or [FWS–R9–FHC–2009–N233; 40120–1113– their OSPs, section 117 of the MMPA sponsor, and a person is not required to 4044–D2–FY10] requires us and the National Marine respond to, a collection of information Marine Mammal Protection Act; Stock Fisheries Service (NMFS) to prepare a unless it displays a currently valid OMB Assessment Report SAR for each marine mammal stock that control number. The OMB control occurs in waters under U.S. jurisdiction. number for this collection of AGENCY: Fish and Wildlife Service, A SAR must be based on the best information is 1024–0125, and is Interior. scientific information available; identified in 36 CFR Section 51.104. ACTION: Notice of availability of final therefore, we prepare it in consultation Estimate of Burden: Approximately 2009 revised marine mammal stock with established regional scientific 480 hours per response for large assessment reports for two stocks of review groups. Each SAR must include: operations. Approximately 240 hours West Indian manatee; response to (1) A description of the stock and its per response for small operations. comments. geographic range; (2) a minimum population estimate, maximum net Estimated Number of Respondents: SUMMARY: In accordance with the Approximately 160 for small operations. Marine Mammal Protection Act of 1972, productivity rate, and current Approximately 80 for large operations. as amended (MMPA), and its population trend; (3) an estimate of Estimated Number of Responses per implementing regulations, we, the U.S. human-caused mortality and serious Respondent: One. Fish and Wildlife Service (Service), injury; (4) a description of commercial announce that we have revised our fishery interactions; (5) a categorization Estimated Total Annual Burden on of the status of the stock; and (6) an Respondents: 38,400 hours for small stock assessment report (SAR) for each of the two West Indian manatee stocks estimate of the potential biological operations. 38,400 hours for large removal (PBR) level. The PBR is defined operations. 76,800 Total. in the southeastern United States: The Florida manatee (Trichechus manatus as ‘‘the maximum number of animals, Send comments on (1) The accuracy not including natural mortalities, that of the agency’s burden estimates; (2) latirostris) stock and the Puerto Rico stock of Antillean manatee (Trichechus may be removed from a marine mammal ways to minimize the burden, including stock while allowing that stock to reach the use of automated collection manatus manatus), including incorporation of public comments. We or maintain its OSP.’’ The PBR is the techniques or other forms of information product of the minimum population technology; (3) or any other aspect of now make these two final 2009 revised SARs available to the public. estimate of the stock (Nmin); one-half the this collection to the Office of maximum theoretical or estimated net Management and Budget at the ADDRESSES: To obtain the SARs for productivity rate of the stock at a small either or both of the West Indian following address. Please refer to OMB population size (Rmax); and a recovery manatee subspecies, see Document control number 1024–0125 in all factor (Fr) of between 0.1 and 1.0, which correspondence. Availability under SUPPLEMENTARY is intended to compensate for INFORMATION. Our practice is to make comments, uncertainty and unknown estimation including names and home addresses of FOR FURTHER INFORMATION CONTACT: errors. respondents, available for public review West Indian Manatee in Florida: Jim Section 117 of the MMPA also during regular business hours. Valade, (904) 731–3116 (telephone) or requires us and NMFS to review the Individual respondents may request that [email protected] (e-mail). West SARs (a) at least annually for stocks that we withhold their home address from Indian Manatee in Puerto Rico: Marelisa are specified as strategic stocks; (b) at the record, which we will honor to the Rivera, (787) 851–7297 (telephone) or least annually for stocks for which extent allowable by law. There also may [email protected] (e-mail). significant new information is available; be circumstances in which we would SUPPLEMENTARY INFORMATION: and (c) at least once every 3 years for all withhold from the record a respondent’s other stocks. identity, as allowable by law. If you Background A strategic stock is defined in the wish us to withhold your name and/or Under the MMPA (16 U.S.C. 1361 et MMPA as a marine mammal stock (a) address, you must state this seq.) and its implementing regulations for which the level of direct human- prominently at the beginning of your in the Code of Federal Regulations caused mortality exceeds the PBR; (b) comment. However, we will not (CFR) at 50 CFR part 18, we regulate the which, based on the best available consider anonymous comments. We taking, transportation, purchasing, scientific information, is declining and will make all submissions from selling, offering for sale, exporting, and is likely to be listed as a threatened organizations or businesses, and from importing of marine mammals. One of species under the Endangered Species individuals identifying themselves as the MMPA’s goals is to ensure that Act of 1973, as amended (16 U.S.C. 1531 representatives or officials of stocks of marine mammals occurring in et seq.; ESA), within the foreseeable organizations or businesses, available waters under U.S. jurisdiction do not future; or (c) which is listed as a for public inspection in their entirety. experience a level of human-caused threatened or endangered species under

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the ESA, or is designated as depleted Following the close of the comment addressed other concerns identified in under the MMPA. period, we revised the SARs based on the public comments in the following Before releasing our draft SARs for public comments we received (see section of this notice or by adding text public review and comment, we below) and prepared the final 2009 to the SARs for clarity. reviewed the drafts with the Atlantic revised SARs. Between publication of The following table summarizes the Regional Scientific Review Group, the draft and final revised SARs, we final 2009 revised SARs for the Florida which was established under the have not revised the status of either MMPA, and submitted them for an stock (i.e., strategic); however, we and Puerto Rico stocks of the West Indian manatee, listing each stock’s internal technical review. In a June 12, updated the Nmin for the Florida 2009 (74 FR 28062), Federal Register manatee stock from 3,807 to 3,802, Nmin, Rmax, Fr, PBR, annual estimated notice, we made available our draft based on a revised count provided by human-caused mortality and serious SARs for the MMPA-required 90-day the Florida Fish and Wildlife injury, and status. public review and comment period. Conservation Commission. We

TABLE 1—SUMMARY: FINAL REVISED STOCK ASSESSMENT REPORTS FOR THE FLORIDA AND PUERTO RICO STOCKS OF WEST INDIAN MANATEE

Annual estimated average West Indian manatee stocks Nmin Rmax Fr PBR human- Stock status caused mortality

Florida ...... 3,802 0.06 0.1 12 87 Strategic. Puerto Rico ...... 72 0.04 0.1 0 2 Strategic.

Document Availability Comment 1: Commenters stated that insignificant and approaching a zero the identification of four stocks would mortality and serious injury rate. Final Revised SAR for West Indian facilitate management efforts, because Manatee in Florida Response: For the period of record SARs, developed for each management (2003–2007), manatee carcass salvage You may obtain copies by any one of unit, could more accurately identify and rescue programs recorded no the following methods: unit-specific threats and, therefore, • commercial fishery-related mortalities Internet: http://www.fws.gov/ better promote recovery within the or any serious injuries related to northflorida. management units. commercial fisheries activities. While • Write to or visit (during normal Response: Current and previous the total number of manatee deaths business hours) the Field Supervisor, Florida manatee management activities attributed to other anthropogenic U.S. Fish and Wildlife Service, have relied on the use of a state-of-the- sources exceeds the calculated PBR, the Jacksonville Field Office, 7915 art core biological model (CBM) to absence of deaths and serious injuries Baymeadows Way, Suite 200, assess manatee population status and specifically from commercial fishing Jacksonville, FL 32256–7517; telephone threats to the population as a whole and supports the Service’s contention that (904) 731–3336. to assess status and threats in each of commercial fisheries-related takings, in Final Revised SAR for West Indian the four management units. Service and and of themselves, should be considered Manatee in Puerto Rico State manatee management efforts rely insignificant and approaching a zero on the CBM for information on threats mortality and serious injury rate. You may obtain copies by any one of and consequently target identified threat Comment 3: Commenters stated that the following methods: levels through management activities • the Service’s analysis of seriously Internet: http://www.fws.gov/ described in respective recovery and injured manatees was problematic. caribbean/ES. management plans. For listed species, Write to or visit (during normal the Service uses recovery plans to Response: Absent a Service definition business hours) the Field Supervisor, identify and address threats as indicated of ‘‘serious injury,’’ an agency U.S. Fish and Wildlife Service, by the ESA. Recovery Plans have been interpretation and analysis of manatee Caribbean Ecological Services Office, used effectively by the Service and other injury records is difficult at best and a P.O. Box 491, Boquero´n, PR 00667; resource agencies for over 30 years. thorough, meaningful analysis cannot be telephone: (787) 851–7297. Unit-specific SARs for each of the four concluded at this time. The SAR has Responding to Public Comments management units would be redundant been revised to reflect this concern. and provide no additional benefits to Comment 4: A commenter West Indian Manatee in Florida efforts to manage manatees within these recommended that the Service include a We received comments on the draft areas. As such, the Service will continue table showing the results of abundance SAR (74 FR 28062) from the Atlantic to assess and manage threats to the surveys over time. Scientific Review Group, the Marine population as a whole and within each Response: The Service elected not to Mammal Commission, the Center for of the four management units. The SAR include such a table because many Biological Diversity, The Humane has been revised to more completely readers may misinterpret differences in Society of the United States, the Save explain this strategy. counts as indicative of changing the Manatee Club, Defenders of Comment 2: Commenters took issue population trends. The most recent Wildlife, and a private citizen. We with the Service’s conclusion that total minimum population estimate is the present issues raised in those commercial fishery-related mortality most significant, relevant data point and comments, along with our responses, and serious injury for the Florida stock is included in the final SAR for the below. of manatees should be considered Florida manatee.

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Comment 5: A commenter questioned thoroughly reviewed for completeness throughout the population to some the Service’s determination that six and accuracy at the time of writing. degree. Based on the above information, cited fishing line and associated gear- Comment 8: Commenters we believe that the Puerto Rico manatee related deaths did not involve actively recommended that the Service continue stock should not be divided into two fishing commercial fisheries-related to take the steps needed to better define separate stocks. gear. OSP and to gather more information on Comment 2: The commenter Response: Each of the cited deaths manatees in the Southwest management suggested that the current population involved the ingestion of lengths of unit. trend of the Puerto Rico manatee monofilament line accompanied by a Response: The Service is supporting appears to be relatively stable rather single hook, a lure, and/or a fishing research activities that will provide than increasing. weight. Given the manatees’ greater insights into OSP for the Florida Response: The Service agrees with the herbivorous nature, it is unlikely that a manatee and provide more current comment and has revised the SAR manatee would be attracted to actively assessments of population trends and accordingly. fished gear of this nature. Furthermore, threat levels in both the stock and Comment 3: The commenter nearshore, commercial fisheries that management unit populations. recommended that the statement ‘‘the rely on gear of this nature are virtually West Indian Manatee in Puerto Rico number of strandings currently reported unknown (commercial trotline fishers We received comments on the draft to DNER may represent a true value of do fish in these waters; however, their SARs (74 FR 28062) from the Atlantic mortality’’ should be considered as a gear typically includes lengths of Scientific Review Group, the Marine hypothesis rather than a conclusion. monofilament line or other line types Mammal Commission, the Center for Response: The Service agrees and has containing multiple hooks). Given the Biological Diversity, and The Humane revised the SAR accordingly. absence of inshore commercial line Society. We present issues raised in Comment 4: The commenter fisheries that utilize the gear found in those comments, along with our recommended that the Service obtain these animals, these deaths should not responses, below. information necessary to determine the be correlated with commercial fishing Comment 1: The Service should optimum sustainable population (OSP). activities. provide a better explanation for Response: OSP has not been Comment 6: Two commenters recognizing the Puerto Rico manatee as determined for any population stock of questioned the use of an Rmax based on a single stock instead of recognizing the West Indian manatee; however, both the the maximum net productivity rate Puerto Rico manatee as consisting of Florida and Puerto Rico stocks are calculated for the Upper St. Johns River different stocks based on the considered strategic based on their management unit. geographical distribution of haplotypes listing under the ESA. From 1992–2002 Response: Guidance for developing in Puerto Rico. and 2009, Service synoptic aerial SARs supports using measured growth Response: We have revised the SAR to surveys have consistently counted rates greater than recommended default discuss recent research regarding the calves and the entire population is values, especially when using data that geographic distribution of haplotypes in considered stable. We are evaluating includes the entirety of a closed Puerto Rico. Slone et al. 2006 indicates aerial census methodology with the goal population to minimize unknown that haplotype (mitochondrial DNA) of establishing more reliable population biases. Growth rates for the manatees in distribution is further geographically estimates. the Upper St. Johns River management divided in Puerto Rico. For example, Comment 5: The commenter unit have been accurately assessed and only the A haplotype (a haplotype also recommended the Service fill in data the population in this unit most closely unique to Florida) was found on the gaps by gathering more information on approximates a closed population. As north side of the island and only the B entanglements, collisions, and bycatch. such, the Service believes that it has haplotype was observed in the south. A Response: As stated in the SAR, identified a proper Rmax. mixture of A and B haplotypes was manatee deaths in Puerto Rico have Comment 7: Commenters questioned observed on both the east and west been reported for decades. Since 1990, using serious injury and mortality data coasts of the island, suggesting that the documentation of manatee from the 2003 through 2007 period mixing occurs between the northern and mortalities in Puerto Rico has been when more recent data are apparently southern groups. However, the conducted by the Caribbean Stranding available. mitochondrial DNA is maternally Network (CSN). In 2006, the Department Response: Pertinent datasets used to inherited and is not reflective of gene of Natural and Environmental Resources prepare the SAR included data from the flow from the more adventurous males. (DNER) Marine Mammal Stranding Florida Manatee Rescue, Rehabilitation, Radio-tagging techniques in Puerto Rico Program (MMSP) took over these duties. and Release Database and the Florida have documented general behavior of This program is implemented with the Manatee Mortality Database. At the time manatee populations, in which males assistance from the CSN, the Puerto of writing, data from the manatee rescue seem to move more extensively than Rico Zoo, and commonwealth law program database were complete females (Slone et al. 2006). Males may enforcement officials. We believe that through December 31, 2007 and data for travel hundreds of kilometers while the manatee death reports provided by calendar year 2008 were not then mother/calf distribution patterns could the DNER MMSP, with all the help available. Preliminary mortality be more restricted. The authors state mentioned above, are a consistent and database information was available that if male movements are made during reliable manner to gather data on through December 31, 2008, although the breeding season, then relatively entanglements, collisions, and bycatch. data for calendar year 2008 had not been healthy mixing between geographical Comment 6: Commenters disagree verified for accuracy at the time of areas established by females might be with the Service’s conclusion that writing. Consistent with mandates to expected. Further research by Kellogg commercial fisheries-related incidental use the best available information, the (2008) indicates that nuclear DNA mortality and serious injury of manatees Service elected to use data from the subpopulation separation was not as in Puerto Rico and the U.S. Virgin 2003 through 2007 period inasmuch as severe, suggesting that the manatees in Islands should be considered minimal data from this period had been Puerto Rico do travel and breed or approaching zero.

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Response: The Service acknowledges Comment 10: The commenter is DEPARTMENT OF THE INTERIOR that there may be limitations on the concerned about the lack of reliable data available fisheries data because some on abundance and mortality. Fish and Wildlife Service takings could occur and may not be Response: The Service acknowledges [FWS–R9–FHC–2009–N234; 71490–1351– observed or reported. However, the commenter’s concern and is 0000–M2–FY10] protocols for necropsies and assigning currently evaluating aerial census probable cause of death categories are methods to establish more reliable Marine Mammal Protection Act; Stock reviewed thoroughly. Table 1 of this Assessment Report SAR shows watercraft as the only population estimates. We do not believe human related deaths. The only possible that mortality records lack reliability. As AGENCY: Fish and Wildlife Service, evidence for commercial fisheries provided in our response to Comment 5 Interior. interaction would be within the 34 above, CSN had been documenting ACTION: Notice of availability of final percent undetermined cause of death manatee mortalities in Puerto Rico since 2009 revised marine mammal stock (COD) category. Undetermined COD 1990. Although the DNER MMSP took assessment reports for the Pacific walrus means that assessment of a natural or over these duties in 2006, the program stock and two stocks of polar bears; human related cause was negative (no is implemented with assistance from the response to comments. evidence that COD can be assigned to CSN, the Puerto Rico Zoo, and any of the available categories, either commonwealth law enforcement SUMMARY: In accordance with the natural or human related). In addition, officials. We believe that the manatee Marine Mammal Protection Act of 1972, we believe that manatees injured by death reports provided by the DNER as amended (MMPA), and its commercial fisheries interactions would MMSP, with all assistance of these implementing regulations, we, the U.S. most likely present signs of the activity partners, are a consistent and reliable Fish and Wildlife Service (Service), and every necropsy includes a specific manner to gather mortality data. announce that we have revised our stock assessment reports (SARs) for the evaluation of human interactions. From Comment 11: The commenter asked 1990–2008, only one manatee had COD Pacific walrus (Odobenus rosmarus why so many released manatees have related to commercial fisheries divergens) stock and for each of the two died in Puerto Rico. interaction. In 2006, one freshly dead polar bear (Ursus maritimus) stocks in manatee was found with its right flipper Response: After reviewing the data Alaska: The Southern Beaufort Sea polar entangled in monofilament and still this received by the CSN, we recognized bear stock and the Chukchi/Bering Seas COD was deemed undetermined. In there was an error and have revised the polar bear stock, including accordance with the previous SAR accordingly. From 1990 to 2005, a incorporation of public comments. We statements and the presence of current total of 23 manatees were rescued by the now make these three final 2009 revised bans and restrictions prohibiting the use CSN. Of these, two were rehabilitated SARs available to the public. of nets in coastal Puerto Rican waters, and released, two were released ADDRESSES: To obtain the SARs for the the Service believes that incidental immediately after rescue, 17 died in Pacific walrus or either polar bear stock, mortality and serious injury related to rehabilitation, one died in transport, see Document Availability under commercial fisheries in Puerto Rico and and one is currently in rehabilitation. Of SUPPLEMENTARY INFORMATION. the U.S. Virgin Islands should be the four manatees that were released, FOR FURTHER INFORMATION CONTACT: Rosa considered minimal or approaching one died one year after its release. Meehan, Marine Mammals Management zero. Office, (800) 362–5148 (telephone) or Comment 7: The SAR should provide Additional References Cited [email protected] (e-mail). at least some summary information to West Indian Manatee in Puerto Rico SUPPLEMENTARY INFORMATION: indicate the type(s) of habitat degradation adversely affecting Kellogg, M.E. 2008. Sirenian Background manatees. Conservation Genetics and Florida Under the MMPA (16 U.S.C. 1361 et Response: We have revised the SAR to Manatee (Trichechus manatus seq.) and its implementing regulations include examples of habitat latirostris) cytogenetics. Doctoral in the Code of Federal Regulations degradation. dissertation, University of Florida, (CFR) at 50 CFR part 18, we regulate the Comment 8: The commenter Gainesville, FL. 159 pp. taking, transportation, purchasing, selling, offering for sale, exporting, and recommended that the Puerto Rico Sloan, D.H., J.P. Reid, R.K. Bonde, S.M. importing of marine mammals. One of manatee stock be considered separately Butler, and B.M. Stith. 2006. the MMPA’s goals is to ensure that from the Florida manatees in terms of Summary of the West Indian recommendation for down-listing. stocks of marine mammals occurring in manatee (Trichechus manatus) waters under U.S. jurisdiction do not Response: The Service acknowledges tracking by USGS–FISC Sirenia experience a level of human-caused the comment made; however, the SAR Project in Puerto Rico. Report mortality and serious injury that is is conducted according to the MMPA Prepared for the U.S. Fish and likely to cause the stock to be reduced and does not address issues under Wildlife Service. 9 pp. below its optimum sustainable Section 4 of the ESA. Authority: The authority for this action is population level (OSP). OSP is defined Comment 9: The commenter opposed the Marine Mammal Protection Act of 1972, as ‘‘the number of animals which will any efforts to down-list the status of as amended (16 U.S.C. 1361 et al.). result in the maximum productivity of manatees from endangered to the population or the species, keeping Dated: December 14, 2009. threatened. in mind the carrying capacity of the Response: The Service acknowledges Sam Hamilton, habitat and the health of the ecosystem the comment made; however, the SAR Director, Fish and Wildlife Service. of which they form a constituent is conducted according to the MMPA [FR Doc. E9–30900 Filed 12–29–09; 8:45 am] element.’’ and does not address issues under BILLING CODE 4310–55–P To help accomplish the goal of Section 4 of the ESA. maintaining marine mammal stocks at

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their OSPs, section 117 of the MMPA SARs (a) at least annually for stocks that walrus population size resulting from requires us and the National Marine are specified as strategic stocks, (b) at the 2006 survey was completed, and we Fisheries Service (NMFS) to prepare a least annually for stocks for which revised the SAR using the new SAR for each marine mammal stock that significant new information is available, information. We have not revised the occurs in waters under U.S. jurisdiction. and (c) at least once every 3 years for all status of the Pacific walrus stock itself A SAR must be based on the best other stocks. (i.e., strategic). However, as a result of scientific information available; A strategic stock is defined in the the new analyses, we estimate the size therefore, we prepare it in consultation MMPA as a marine mammal stock (a) of the Pacific walrus population as with established regional scientific for which the level of direct human- 129,000 individuals within the surveyed review groups. Each SAR must include: caused mortality exceeds the PBR; (b) area. This estimate does not account for (1) A description of the stock and its which, based on the best available areas not surveyed, and is therefore geographic range; (2) a minimum scientific information, is declining and negatively biased to an unknown population estimate, maximum net is likely to be listed as a threatened degree. To compensate for this bias, we productivity rate, and current species under the Endangered Species are using our estimate of population population trend; (3) an estimate of Act of 1973, as amended (16 U.S.C. 1531 size, 129,000, as Nmin. In response to a human-caused mortality and serious et seq.; ESA), within the foreseeable comment, we revised Fr to 0.50. injury; (4) a description of commercial future; or (c) which is listed as a Therefore, the updated estimate of PBR fishery interactions; (5) a categorization threatened or endangered species under is 2,580. We addressed other concerns of the status of the stock; and (6) an the ESA, or is designated as depleted identified in the public comments in the under the MMPA. estimate of the potential biological following section or by adding text to Before releasing our draft SARs for removal (PBR) level. The PBR is defined the SAR for clarity. Between publication as ‘‘the maximum number of animals, public review and comment, we of the draft and final SARs for both not including natural mortalities, that submitted them for technical review polar bear stocks, we also have not may be removed from a marine mammal internally and also for scientific review revised the status for either, i.e., both are stock while allowing that stock to reach by the Alaska Regional Scientific strategic. We addressed the public or maintain its OSP.’’ The PBR is the Review Group, which was established comments received in the following product of the minimum population under the MMPA. In a June 18, 2009 (74 section or by adding text to the SAR for estimate of the stock (N ); one-half the FR 28946), Federal Register notice, we min clarity. maximum theoretical or estimated net made available our draft SARs for the productivity rate of the stock at a small MMPA-required 90-day public review The following table summarizes the population size (Rmax); and a recovery and comment period. Following the final 2009 revised SARs for the Pacific factor (Fr) of between 0.1 and 1.0, which close of the comment period, we revised walrus, the Southern Beaufort Sea polar is intended to compensate for the SARs based on public comments we bear, and the Chukchi/Bering Seas polar uncertainty and unknown estimation received (see below) and prepared the bear stocks, listing each stock’s Nmin, errors. final 2009 revised SARs. Between Rmax, Fr, PBR, annual estimated human- Section 117 of the MMPA also publication of the draft and final SAR caused mortality and serious injury, and requires us and NMFS to review the for the Pacific walrus, the estimate of status.

TABLE 1—SUMMARY: FINAL REVISED STOCK ASSESSMENT REPORTS FOR THE PACIFIC WALRUS, SOUTHERN BEAUFORT SEA POLAR BEAR, AND CHUKCHI/BERING SEAS POLAR BEAR

Annual estimated average human- Stock Nmin Rmax Fr PBR caused mortality and serious injury Stock status

Pacific Walrus ...... 129,000 0.08 0.5 2,580 4,963–5,460...... Strategic. Southern Beaufort Sea Polar Bear ..... 1,397 0 .0603 0.5 22 33 (Alaska)...... Strategic. 21 (Canada) ...... Chukchi/Bering Seas Polar Bear ...... 2,000 0.0603 0.5 30 37 (Alaska)...... Strategic. —(Russia) ......

Document Availability Tudor Road, Anchorage, AK 99503; survey has been completed, and the telephone: (800) 362–3800. stock assessment report has been Final Revised SARs for Pacific Walrus, revised using the new information. Southern Beaufort Sea Polar Bear, and Responding to Public Comments Chukchi/Bering Seas Polar Bear Comment 2: The population estimate Pacific Walrus will not be meaningful without You may obtain copies by any one of We received five sets of comments on accounting for the numbers of walrus in the following methods: the draft Pacific walrus SAR (74 FR areas not surveyed, hauled out on land, • Internet: http://alaska.fws.gov/ 28946). We present issues raised in and in the water, and the SAR should fisheries/mmm/walrus/reports.htm (for those comments, along with our state that the estimate ‘‘is negatively the walrus stock) and http:// responses, below. biased to an unknown degree,’’ and that alaska.fws.gov/fisheries/mmm/ Comment 1: The Service should the bias is most likely quite large. polarbear/reports.htm (for both polar complete analysis of the 2006 walrus Response: The estimate of walrus bear stocks). survey data as soon as possible, and use population size resulting from the 2006 • Write to or visit (during normal a final estimate of Pacific walrus survey accounts for individuals in the business hours from 8 a.m. to 4:30 p.m. population size for the stock assessment water. During April, when the aerial Monday through Friday) the Chief, U.S. report. survey took place, virtually the entire Fish and Wildlife Service, Marine Response: The estimate of walrus population of Pacific walrus uses sea ice Mammals Management Office, 1011 East population size resulting from the 2006 habitats, and few if any haul out on land

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at that time. The 2006 estimate does not Pacific walrus population size. Pacific walrus is classified as strategic account for areas not surveyed, and the However, the 2006 estimate remains the as defined under the MMPA. Service therefore recognizes that the best scientific information available at Comment 10: Information provided in estimate is negatively biased to an this time, as specified under Section 117 Garlich-Miller et al. (2006) regarding the unknown degree. This is stated in the of the MMPA. use of population information derived stock assessment report. Comment 7: The PBR value of 607 is from harvested walruses (e.g., age at Comment 3: If a final estimate of so low in relation to harvested numbers harvest, fecundity, age at first population size resulting from a that it cannot be correct, or there would reproduction) to evaluate population complete analysis of the 2006 survey be no walrus remaining. status should be included in the data is not available, the ‘‘Minimum Response: We recalculated an assessment of population status. Population Estimate’’ section should estimate for PBR using the revised Nmin Response: Information provided in read as follows: ‘‘A reliable minimum of 129,000 and revised Fr of 0.50. The Garlich-Miller et al. 2006 is equivocal population estimate (Nmin) for this stock estimate of Rmax remained the same at regarding population status, and text can not presently be determined 0.08. These revisions yielded an has been updated in the stock because current reliable estimates of estimated PBR of 2,580, which is greater assessment to make this clearer. abundance are not available.’’ than the preliminary estimate in the Comment 11: The Service should state Response: Results of the 2006 survey draft stock assessment report. Estimated the variances and biases of all walrus are now available. An estimated 129,000 total human-caused removals of 4,963– surveys from 1975 through 1990 in the Pacific walrus were found within the 5,460 walrus per year are higher than SAR. surveyed area. This estimate does not estimated PBR. However, estimated PBR Response: Many scientific articles account for areas not surveyed, and is is not the appropriate mechanism for have been published on estimating therefore negatively biased to an assessing the sustainability of the walrus population size, including unknown degree. To counterbalance subsistence harvest. survey methods, sources of variation, this bias, we are using our estimate of Comment 8: Take is above PBR, so the and sources of bias. Surveys from 1975, population size, 129,000, as Nmin for the Service should promptly begin a status 1980, 1985, and 1990 do not have Pacific walrus stock assessment report. review of the Pacific walrus under 16 estimates of variance associated with This provides reasonable assurance that U.S.C. 1383b(a) to determine whether the total population estimate, because the stock size is equal to or greater than the stock may warrant listing as part of each estimate was derived from the estimate. ‘‘depleted,’’ and whether rulemaking highest counts of walruses using Comment 4: The use of a recovery pursuant to 16 U.S.C. 1371(b) is terrestrial haulouts, for which variance factor of 1.0 is too high, and assumes the warranted. cannot be estimated. Biases for most stock is stable; a recovery factor of 0.50 Response: In February 2008, the surveys are simply unknown. For the for unknown status should be used Service received a petition to list the interested reader, Table 1 in the SAR instead. Pacific walrus as threatened or cites the original sources of literature for Response: Results of the 2006 walrus endangered under the Endangered each U.S.-Russia joint estimate of survey, in combination with other Species Act of 1973, as amended (ESA; walrus population size. Other summary estimates of walrus population size and 16 U.S.C. 1531 et seq.). The 90-day works are cited in the ‘‘Population Size’’ sources of information on walrus, do not finding on this petition was published section of the SAR. provide a definitive basis for in the Federal Register on September Comment 12: How many walrus were determining Pacific walrus population 10, 2009 (74 FR 46548), and found that not counted in the unsurveyed areas? status. We agree that status of the there was substantial information in the Response: To date, the Service has not population should be considered petition to indicate that listing the attempted to estimate the number of ‘‘unknown,’’ and have reduced the Pacific walrus under the ESA may be walrus in areas that were not surveyed recovery factor to 0.50. warranted. The Service has initiated a in 2006. However, the Service is Comment 5: If a final estimate of status review of the Pacific walrus to considering how this might be done. population size resulting from a determine whether the stock should be Once completed, this analysis would be complete analysis of the 2006 survey listed under the ESA. If the species is used to update future Pacific walrus data is not available, the ‘‘Potential listed under the ESA, it is considered SARs. Biological Removal’’ section should depleted under the MMPA. The finding Comment 13: The new method used read as follows: ‘‘However, because a on the merits of the listing petition will to count walrus and make an estimate reliable estimate of minimum be published in the Federal Register on is no better than the method used abundance (Nmin) is currently not or before September 10, 2010. before. available, the PBR for this stock is Comment 9: The Pacific walrus Response: The 2006 walrus survey unknown.’’ should not be declared a ‘‘strategic’’ covered more area than earlier surveys, Response: The Service used the 2006 stock until a final estimate of walrus more accurately estimated numbers of estimate of population size of 129,000 population size is completed. walrus in groups, accounted for the for Nmin. This provides reasonable Response: The estimate of walrus probability of detecting groups of assurance that the stock size is equal to population size resulting from the 2006 different sizes, accounted for the or greater than the estimate, and is survey has been completed, and we proportion of the population that was in therefore a reasonable basis for revised the stock assessment report the water, and fully quantified the estimating PBR. using the new information. PBR was re- uncertainty associated with the Comment 6: The draft report estimated using the revised Nmin of estimation process. It produced the most contained a population estimate that 129,000; the revised Fr of 0.50; and the accurate estimation of Pacific walrus was only a snapshot of walrus same estimate of Rmax, 0.08. The population size to date. However, other population size in a certain area in a revisions yielded an estimated PBR of longstanding issues were still certain period of time, and does not 2,580. The estimated level of total direct problematic, such as the extreme spatial support determination of PBR. human-caused mortality is 4,963–5,460 and temporal aggregation of this species Response: The Service acknowledges walrus per year, which exceeds the on ice, the vast ice-covered area it the shortcomings of the 2006 estimate of estimated PBR level. Therefore, the inhabits, and severity of weather.

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Discussions of methods for future efforts comments, along with our responses, Comment 5: For the Southern to estimate Pacific walrus population below. Beaufort Sea stock, revise the last size are ongoing. sentence such that the estimate from Southern Beaufort Sea Polar Bear Comment 14: Destruction of walrus by Regehr et al. 2006 is recognized as the the U.S. Navy is not being regulated. Comment 1: The Service should most current and valid estimate of Response: The Service is not aware of reassess all relevant data on polar bear abundance to use in calculating Nmin. any cases of walrus destruction by the distribution and movements to Response: We revised the sentence U.S. Navy. determine the eastern boundary of the accordingly. The discussion of Nmin in Comment 15: The estimates of take by Southern Beaufort Sea stock in the most the last paragraph in the ‘‘Population commercial fisheries identified in the scientifically credible manner and then Size’’ section of the SAR clearly states SAR are inaccurate by at least 50 reassess the minimum population that the population estimate of 1,526 percent because we do not receive estimate to account for the new stock was used in the calculation. reports from Russian commercial boundary. Comment 6: The last sentence in the fisheries. Response: A new population estimate Chukchi/Bering Seas SAR states that Response: In accordance with the could be determined once the new ‘‘Harvest levels are not limited at this MMPA, NMFS is required to place all eastern boundary for the Southern time.’’ If this also applies to the U.S. commercial fisheries into one of Beaufort Sea is determined and agreed Southern Beaufort Sea stock, it should three categories based on the level of upon by the Board of Commissioners for be included; if it does not, the means by serious injury and mortality of marine the Inuvialuit/Inupiat Agreement. which the harvest is limited should be mammals that occur incidental to that However, this decision has not been presented. fishery. Any vessel owner or operator or made and given the current staffing and Response: The harvest for the gear owner or operator participating previous commitments by the polar bear Southern Beaufort Sea has been actively under these categories must report to program of U.S. Geological Survey, managed since the passage of the Polar NMFS all incidental injuries and Alaska Science Center, a new analysis Bear Agreement for the Southern mortalities that occur during cannot be done in a timely manner. In Beaufort Sea between the Inuvialuit of commercial fishing operations. The addition, boundaries for many of the Canada and the Inupiat in the United Service used information from these polar bear populations may be changing States (Alaska) in 1988. Using reports, which are provided to us by in response to changes in the sea ice Maximum Sustained Yield Method NMFS, to estimate take by commercial habitat. Thus we chose to use the old (Taylor et al. 1987) and a two-to-one fisheries in the preparation of the SAR boundary for the Southern Beaufort Sea male-to-female sex ratio in the harvest, for the Alaska stock of Pacific walrus. SAR at this time. a sustainable yield was calculated for We acknowledge the limitations of the Comment 2: The Service should the Southern Beaufort Sea population. data; however, this constitutes the best revise downward its estimate of The average annual harvest level since available scientific information. A maximum net productivity rate for this 1988 (56.9) has been well below the complete list of fisheries and marine population to reflect ongoing and sustainable harvest of 80 bears (40 for mammal interactions is published predicted changes in polar bear habitat the United States and 40 for Canada) annually by NMFS, the most recent of that will prevent polar bear stock from since 1988. To minimize confusion with which was published on December 1, achieving growth rates that might be the discussion of PBR, we did not 2008 (73 FR 73032). expected in a favorable environment. include this information in the SAR. Comment 16: The Service should Comment 7: The recent harvest levels Response: Currently there is not explain the calculations for estimating are above PBR, and thus the Service enough data to estimate maximum net the total number harvested in more should discuss the effects of the harvest productivity rate (R ) based on detail. max on the population and the potential for ongoing and predicted changes in the Response: Information about the recovery in the section Conservation sea ice habitat. Thus we used the best subsistence harvest is collected through Issues and Concerns—Subsistence scientific information available for R several observer programs. We have max. Harvest. The Service should mention Comment 3: The Service should work added information to the SAR to clarify the management agreements that are in with the North Slope Borough, the this point. place to determine sustainable harvest Inuvialuit Game Council, and the Comment 17: The Service should state levels if PBR is not used. that Fay et al. (1994) used data collected Canadian authorities to review whether Response: We added a paragraph at between 1952 and 1972, and that the current harvest limits for this the end of this section to clarify the changes may have occurred over the last population are sustainable and consider concern of overharvest with a declining 35 years that would result in the need whether they should be reduced. population and how the quota is to re-evaluate the struck and lost rate of Our Response: We have made managed relative to PBR. The estimated 42 percent. recommendations that the current PBR is not the appropriate mechanism Response: We agree with this harvest limits should be reduced. for assessing the sustainability of the comment, and the stock assessment text Comment 4: The second paragraph subsistence harvest. has been revised accordingly. However, states that the boundaries delineated by we continue to use the value of 42 Bethke et al. (1996) will continue to be Chukchi/Bering Seas Polar Bear percent estimated by Fay et al. (1994) used for the Southern Beaufort Sea SAR. Comment 8: The Service should give because it is the only estimate available However, prior to that statement there is its highest priority to reaching an and, therefore, the best available substantial information presented agreement with Russia on a joint scientific information for preparation of pertinent to boundary considerations, strategy to determine the status of this the SAR. yet Bethke et al. is not mentioned. stock, identify current levels of Response: We corrected the citation productivity in major denning areas, Polar Bear from Bethke et al. (1996) to Amstrup et and establish a management and We received four sets of comments on al. (2000) and added a sentence research program to monitor this stock. the draft polar bear SARs (74 FR 28946). referring to the southern boundary, Response: The first meeting of the We present issues raised in those which was based on Bethke et al. (1996). commissioners for the U.S/Russia

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Bilateral Agreement for the conservation Born, E.W. and L.;. Knutsen. 1997. Haul- region of Alaska, 1952–2002. Marine of the polar bears occurred in Moscow, out and diving activity of male Atlantic Mammal Science 22:880–896. Russia in September, 2009. The walruses (Odobenus rosmarus rosmarus) Gol’tsev, V.N. 1976. Aerial surveys of Pacific Scientific Working Group, which is in NE Greenland. Journal of Zoology 243: walrus in the Soviet sector during fall 381–396. 1975. Procedural Report TINRO, established under this Bilateral Braham H.W., J.J. Burns, G.A. Fedoseev, and Magadan, USSR. 22 pp. Translated by J.J. Agreement, will make recommendations B.D. Krogman. 1984. Habitat partitioning Burns and the U.S. State Department. on management and research needs to by ice-associated pinnipeds: distribution Gjertz, I., D. Griffiths, B.A. Krafft, C. the four commissioners. and density of seals and walruses in the Lydersen, and ; Wiig. 2001. Diving and Comment 9: The Service should Bering sea, April 1976. Pages 25–47 in haul-out patterns of walruses Odobenus provide an explanation as to why it F.H. Fay, G.A. Fedoseev, eds. Soviet- rosmarus on Svalbard. Polar Biology 24: believes that 2,000 can be used as the American Cooperative Research on 314–319. best population estimate as well as the Marine Mammals. Vol. 1. Pinnipeds. Jay, C.V., S.D. Farley, and G.W. Garner. 2001. minimum population size. NOAA Technical Report. NMFS 12. Summer diving behavior of male Response: The population estimate of Burn, D., M.S. Udevitz, S.G. Speckman, and walruses in Bristol Bay, Alaska. Marine R.B. Benter. 2009. An improved Mammal Science 17:617–631. 2,000 is based on extrapolated den data procedure for detection and enumeration Krogman, B.D., H.W. Braham, R.M. Sontag, and is over 10 years old. Although this of walrus signatures in airborne thermal and R.G. Punsley. 1979. Early spring number is not considered reliable for imagery. International Journal of Applied distribution, density, and abundance of management purposes, it is currently Earth Observation and Geoinformation the Pacific walrus (Odobenus rosmarus the best scientific information available 11:324–333. divergens). Final Report, Contract No. for these calculations. Fay, F.H. 1957. History and present status of R7120804, NOAA Outer Continental Comment 10: The Service should the Pacific walrus population. Shelf, Environmental Assessment revise downward its estimate of the Transactions of the North American Program, Juneau Project Office, Juneau, maximum net productivity rate for this Wildlife Conference 22:431–445. AK. 47 pp. population to reflect ongoing and Fay, F.H., B.P Kelly, P.H. Gehnrich, J.L. Lydersen, C., J. Aars, and K.M. Kovacs. 2008. Estimating the number of walruses in predicted changes in polar bear habitat Sease, and A.A. Hoover. 1986. Modern populations, migrations, demography, Svalbard from aerial surveys and that will prevent polar bear stocks from trophics, and historical status of the behavioral data from satellite telemetry. achieving growth rates that might be Pacific walrus. U.S. Department of Arctic 61:119–128. expected in a favorable environment. Commerce, NOAA, Outer Continental NMFS. 2005. Revisions to Guidelines for Response: See response to Comment 2 Shelf Environmental Impact Assessment Assessing Marine Mammals Stocks. 24 for the Southern Beaufort Sea SAR. Program, Final Reports of Principal pp. Available at: http:// Comment 11: The Service should use Investigators 37: 231–376. NOAA, www.nmfs.noaa.gov/pr/pdfs/sars/ the first meeting of the United States– National Ocean Service, Anchorage, gamms2005.pdf. Russia Polar Bear Commission to Alaska. Ovsyanikov, N.G., L.L. Bove, and A.A. address the over harvest of this stock. Fay, F.H. and S.W. Stoker. 1982a. Analysis of Kochnev. 1994. Causes of mass mortality Response: This is one of the action reproductive organs and stomach of walruses on coastal haulouts. items assigned to the Scientific Working contents from walruses taken in the Zoologichesky Zhurnal 73:80–87. Speckman, S.G., V.I. Chernook, D.M. Burn, Group, which will make Alaskan native harvest, spring 1980. Final Report contract 14–16–0007–81– M.S. Udevitz, A.A. Kochnev, A. Vasilev, recommendations to the Bilateral 5216. U.S. Fish and Wildlife Service, C.V. Jay, A. Lisovsky, R.B. Benter, and Commission in 2010. Anchorage, Alaska. 86pp. A.S. Fischbach. In prep. Estimated size Comment 12: The Service should Fay, F.H. and S.W. Stoker. 1982b. of the Pacific walrus population, 2006. mention that since the stock is now Reproductive success and feeding habits considered depleted under the MMPA, Authority: The authority for this action is of walruses taken in the 1982 spring the Marine Mammal Protection Act of 1972, the Federal Government now has harvest, with comparisons from previous as amended (16 U.S.C. 1361 et al.). authority to regulate harvest levels. years. Eskimo Walrus Commission, Response: Although we concur with Nome, AK. 91pp. Dated: December 14, 2009. the above statement, the Service would Fedoseev, G.A. 1979. Material on aerovisual Sam Hamilton, rather work through the U.S. Russia observations on distribution and Director, Fish and Wildlife Service. abundance of ice forms of seals, Bilateral Agreement for the [FR Doc. E9–30908 Filed 12–29–09; 8:45 am] Conservation of Polar Bears to develop walruses, and migrating whales in the ice of the Bering Sea in spring 1979. BILLING CODE 4310–55–P management and research priorities, Pages 17–44 in Scientific Investigations including guidelines for determining of Marine Mammals in the Northern Part appropriate harvest levels for this of the Pacific Ocean in 1978 and 1979. DEPARTMENT OF THE INTERIOR population stock. We believe that All-Union Scientific Investigational working cooperatively with our Russian Institute of Marine Fisheries and Bureau of Land Management colleagues will result in a more effective Oceanography (VNIRO), Moscow. In [LLMTB07900 09 L10100000.PH0000 management strategy for this Russian. LXAMANMS0000] population. Fedoseev, G.A., E.V. Razlivalov, and G.G. Bobrova. 1988. Distribution and Notice of Public Meeting, Western Additional References Cited abundance of ice forms of pinnipeds on Montana Resource Advisory Council ice of the Bering Sea in April and May Pacific Walrus 1987. Pages 44–70 in Scientific Meeting Acquarone, M., E.W. Born, and J.R. Investigations of Marine Mammals in the AGENCY: Bureau of Land Management, Speakman. 2006. Field metabolic rates of Northern Part of the Pacific Ocean in Interior. walrus (Odobenus rosmarus) measured 1986 and 1987. All-Union Scientific by doubly labeled water method. Aquatic Investigational Institute of Marine ACTION: Notice of public meeting. Mammals 32: 363–369. Fisheries and Oceanography (VNIRO), SUMMARY: In accordance with the Born, E. W., M. Acquarone, L.;. Knutsen, Moscow. In Russian. and L. Toudal. 2005. Homing behaviour Garlich-Miller, J.L., L.T. Quakenbush, and Federal Land Policy and Management in an Atlantic walrus (Odobenus J.F. Bromaghin. 2006. Trends in age Act (FLPMA) and the Federal Advisory rosmarus rosmarus). Aquatic Mammals structure and productivity of Pacific Committee Act of 1972 (FACA), the U.S. 31: 23–33. walruses harvested in the Bering Strait Department of the Interior, Bureau of

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Land Management (BLM), the Western Washington, DC 20240; by all other Lawrence County Montana Resource Advisory Council carriers, National Register of Historic Commandant’s House, (World War II Home will meet as indicated below. Places, National Park Service,1201 Eye Front Efforts in Arkansas, MPS) 264 DATES: The Western Montana RAC will St., NW., 8th floor, Washington DC McClellan Dr., Walnut Ridge, 09001251 meet Feb. 10, 2010 at 9 a.m. The public 20005; or by fax, 202–371–6447. Written Logan County or faxed comments should be submitted comment period for the meeting will Liberty Schoolhouse, 12682 Spring Lake Rd., begin at 11:30 a.m. and the meeting is by January 14, 2010 . Corley, 09001252 expected to adjourn at approximately 3 J. Paul Loether, p.m. Marion County Chief, National Register of Historic Places/ Crooked Creek Bridge, (Historic Bridges of ADDRESSES: The meeting will be held at National Historic Landmarks Program. the Butte Field Office, 106 N. Parkmont, Arkansas MPS) US 62 Spur N. over Crooked Creek, Pyatt, 09001253 Butte, Montana. ARKANSAS FOR FURTHER INFORMATION CONTACT: Boone County Miller County David Abrams, Western Montana Twelve Oaks, 7210 AR 7 S, Harrison, Beech Street Historic District, Roughly Beech Resource Advisory Council Coordinator, 09001237 St. between 14th and 23rd Sts., Texarkana, 09001254 Butte Field Office, 106 North Parkmont, Carroll County Butte, Montana 59701, telephone 406– Newton County 533–7617. Sanitarium Lake Bridges Historic District, (Historic Bridges of Arkansas MPS) Carroll Jasper Commercial Historic District, Roughly SUPPLEMENTARY INFORMATION: The 15- Co. Rd. 317, approx. .5 mi. S. of bounded by Sycamore St., E. Elm St., N. member Council advises the Secretary Greenwood Hollow Rd., Eureka Springs, Spring St., and Clark St., Jasper, 09001255 of the Interior, through the BLM, on a 09001238 Ouachita County variety of planning and management Clark County Washington Street Historic District, 404–926 issues associated with public land W. Washington, 619–816 Graham, 116–132 management in western Montana. At the DeGray Creek Bridge, (Historic Bridges of Arkansas MPS) Co. Rd. 50 over DeGray N. Cleveland, 131–139 N. Agee and 132 N. February meeting, agenda items include: Creek, Arkadelphia, 09001239 California, Camden, 09001256 The BLM’s Access Manager Program and a review of Forest Service fee Columbia County Poinsett County proposals. Cross and Nelson Hall Historic District, (New Poinsett Lumber and Manufacturing All meetings are open to the public. Deal Recovery Efforts in Arkansas MPS) Company Manager’s House, 512 Poinsett The public may present written Southern Arkansas University Campus at Ave., Trumann, 09001257 comments to the Council. Each formal 100 E. University, Magnolia, 09001240 Pulaski County Council meeting will also have time Crawford County Oakland-Fraternal Cemetery, 2101 Barber St., allocated for hearing public comments. Lee Creek Bridge, (Historic Bridges of Little Rock, 09001258 Depending on the number of persons Arkansas MPS) W. of W. Rena Rd. over Lee Seed Warehouse No. 5, (Cotton and Rice wishing to comment and time available, Creek, Van Buren, 09001241 Farm History and Architecture in the the time for individual oral comments Old U.S. 64—Van Buren Segment, (Arkansas Arkansas Delta MPS) SW corner of US 165 may be limited. Individuals who plan to Highway History and Architecture MPS) and AR 161, Scott, 09001259 attend and need special assistance, such Oak Ln. N. of US 64, Van Buren, 09001242 Van Buren County as sign language interpretation, or other Crittenden County Middle Fork of the Little Red River Bridge, reasonable accommodations, should Riverside Speedway, 151 Legion Rd., West Co. Rd. 125 over the Middle Fork of the contact the BLM as provided below. Memphis, 09001243 Little Red River, Shirley, 09001260 Richard M. Hotaling, Wilson Power and Light Company Ice Plant, Washington County 120 E. Broadway St., West Memphis, District Manager, Western Montana District. 09001244 Cane Hill Road Bridge, (Historic Bridges of [FR Doc. E9–31028 Filed 12–29–09; 8:45 am] Arkansas MPS) AR 170 over the Little Red Desha County BILLING CODE 4310–$$–P River, Prairie Grove, 09001261 McGehee Post Office, 201 N. Second St., Goff Farm Stone Bridge, (Historic Bridges of McGehee, 09001245 Arkansas MPS) Goff Farm Rd. approx. 1⁄2 DEPARTMENT OF THE INTERIOR mi. E. of Dead Horse Mountain Rd., Garland County Fayetteville, 09001262 National Park Service Malco Theatre, 817 Central Ave., Hot Yell County Springs, 09001246 Petit Jean River Bridge, (Historic Bridges of National Register of Historic Places; Hempstead County Arkansas MPS) Co. Rd. 49 over the Petit Notification of Pending Nominations Southwestern Proving Ground Building No. Jean River, Ola, 09001263 and Related Actions 5, (World War II Home Front Efforts in DISTRICT OF COLUMBIA Nominations for the following Arkansas, MPS) 259 Hempstead Co. Rd. 279, Hope, 09001247 District of Columbia properties being considered for listing or related actions in the National Independence County Fort View Apartments, (Apartment Buildings Register were received by the National in Washington, DC, MPS) 6000–6020 and Central Avenue Bridge, (Historic Bridges of 6030–6050 13th Place, N.W., Washington, Park Service before December 12, 2009. Arkansas MPS) AR 69 over Polk Bayou, 09001264 Pursuant to section 60.13 of 36 CFR part Batesville, 09001248 60 written comments concerning the Miller Creek Bridge, (Historic Bridges of MISSOURI Arkansas MPS) Co. Rd. 86 over Miller significance of these properties under St. Louis Independent city Creek, Batesville, 09001249 the National Register criteria for Central Carondelet Historic District evaluation may be forwarded by United Jefferson County (Boundary Increase III), Roughly bounded States Postal Service, to the National Taylor Field, (New Deal Recovery Efforts in by Bates St. on the N., Interstate 55 on the Register of Historic Places, National Arkansas MPS) 1201 E. 16th St., Pine Bluff, W., S. Broadway on E. and Holly Hills on Park Service, 1849 C St., NW., 2280, 09001250 S., St. Louis, 09001265

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Wellston Loop commercial Historic District, individuals interested in historic MISSOURI Bounded by the city limits, the alleys S. preservation, of the properties added to, Cape Girardeau County and N. of Martin Luther King Dr. and Clara or determined eligible for listing in, the Ave., St. Louis, 09001266 South Middle Street Historic District, 513 National Register of Historic Places from William St., 202–230 S. Middle St., and NEW MEXICO October 13, to October 16, 2009. 203–229 S. Middle, Cape Girardeau, Eddy County For further information, please 09000829, LISTED, 10/14/09. Artesia Residential Historic District, contact Edson Beall via: United States NEW YORK (Artificial Stone Houses of Artesia TR) Postal Service mail, at the National Roughly bounded by W. Main St. on the Register of Historic Places, 2280, Bronx County N.; W. Missouri Ave. on the S.; S. 2nd St. National Park Service, 1849 C St. NW., Tremont Baptist Church, 324 E. Tremont on the E.; S. 10th St. on the W., Artesia, Washington, DC 20240; in person (by Ave., Bronx, 09000831, LISTED, 10/16/09. 09001267 appointment), 1201 Eye St. NW., 8th NEW YORK NEW YORK floor, Washington DC 20005; by fax, Queens County Columbia County 202–371–2229; by phone, 202–354– 2255; or by e-mail, Astoria Center of Israel, 27–35 Crescent St., New Concord Historic District, Co. Rt. 9, New [email protected]. Astoria, 09000833, LISTED, 10/16/09. Concord, 09001268 Free Synagogue of Flushing, 41–60 Kissena Dated: December 24, 2009. Oswego County Blvd., Flushing, 09000834, LISTED, 10/16/ Rustin Quaide, Tanner Block, (Oswego, Oswego County, 09. New York) 175–177 W. First St., Oswego, Acting Chief, National Register of Historic Wayne County 09001269 Places/National Historic Landmarks Program. Alasa Farms, 6450 Shaker Rd., Alton vicinity, Washington Square Historic District, (Oswego, Oswego County, New York) E. KEY: State, County, Property Name, 09000835, LISTED, 10/16/09 4th St., E. Oneida St., E. 3rd St., Oswego, Address/Boundary, City, Vicinity, Reference Palmyra Village Historic District, Portions of 09001270 Number, Action, Date, Multiple Name. Canandaigue, Church, Cuyler, E. and W. Jackson, Market, E. and W. Main Sts., CALIFORNIA Saratoga County Palmyra, 09000836, LISTED, 10/16/09. Victory Mills, 42 Gates Ave., Schuylerville, Orange County 09001271 Westchester County Stroschein, Carl, House, 31682 EL Camino WISCONSIN Real, San Juan Capistrano, 09000823, New Rochelle Railroad Station, Between N. Ave. and Memorial Hwy., New Rochelle, LISTED, 10/14/09. Brown County 09000837, LISTED, 10/14/09. CONNECTICUT South Broadway Historic District, 101–129 Wyoming County (odd only) S. Broadway, De Pere, 09001272 Litchfield County Fleming, Bryant, House, 1024 Tower Rd., Walworth County Lime Rock Park Race Track, 497 Lime Rock Wyoming vicinity, 09000838, LISTED, 10/ Whitewater Hotel, 226 W. Whitewater St., Rd., Salisbury, 08001380, LISTED, 10/16/ 14/09. Whitewater, 09001273 09. TEXAS Request for REMOVAL has been made for GEORGIA the following resources: Collin County Fulton County Celina Public School, 205 S. Colorado St., ARKANSAS Hapeville Historic District, 1–75 E., Mt. Zion Celina, 09000839, LISTED, 10/14/09. Jefferson County Rd. N., I–85 W., and Airport Loop Rd. S., MATAGORDA COUNTY Hospital and Benevolent Association, Sylvan and Springdale Rds. W. of I–85, Hill, R.J., Building, 401 Commerce St., (Thompson, Charles L., Design Collection), Hapeville, 09000824, LISTED, 10/14/09. 11th and Cherry, Pine Bluff, 82000841 Palacios, 09000840, LISTED, 10/14/09. IOWA Price-Farwell House, 308 S. Bay Blvd., Pulaski County Palacios, 09000841, LISTED, 10/14/09. Cerro Gordo County Center Theater, 407 S. Main St., Little Rock, [FR Doc. E9–30964 Filed 12–29–09; 8:45 am] East Park Band Shell, E. State St. between 03000422 BILLING CODE P North Carolina and Kentucky, Mason City, Sevier County 09000825, LISTED, 10/14/09. Hotel Dee Swift (Railroad Era Resources of Southwest Arkansas MPS), 123 N. Port IOWA INTERNATIONAL TRADE Arthur St., DeQueen, 96000644 Davis County COMMISSION [FR Doc. E9–31062 Filed 12–29–09; 8:45 am] ‘‘Lockkeeper’s’’ House, Whitefish Trail, [Inv. No. 337–TA–695] BILLING CODE P Eldon vicinity, 09000826, LISTED, 10/14/ 09. In the Matter of: Certain Silicon DEPARTMENT OF THE INTERIOR MASSACHUSETTS Microphone Packages and Products Containing Same Designation of Worcester County National Park Service Investigation as ‘‘More Complicated’’ West Village Historic District, Allen Hill, National Register of Historic Places; Goodnow, Hubbardston, and Radford Rds., AGENCY: U.S. International Trade Weekly Listing of Historic Properties Princeton, 09000827, LISTED, 10/16/09. Commission. MINNESOTA ACTION: Notice. Pursuant to (36 CFR 60.13(b,c)) and (36 CFR 63.5), this notice, through ST. Louis County SUMMARY: Notice is hereby given that publication of the information included ROBERT WALLACE (bulk carrier) shipwreck the presiding administrative law judge herein, is to apprise the public as well site, Address Restricted, Palmers vicinity, (‘‘ALJ’’) has designated the above- as governmental agencies, associations 09000828, LISTED, 10/14/09 (Minnesota’s captioned investigation ‘‘more and all other organizations and Lake Superior Shipwrecks MPS). complicated.’’

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FOR FURTHER INFORMATION CONTACT: The authority for the Commission’s electronic docket (EDIS) at http:// Michael Liberman, Office of the General determination is contained in section edis.usitc.gov. Hearing-impaired Counsel, U.S. International Trade 337 of the Tariff Act of 1930, as persons are advised that information on Commission, 500 E Street, SW., amended (19 U.S.C. 1337), and in this matter can be obtained by Washington, DC 20436, telephone 202– section 210.60 of the Commission’s contacting the Commission’s TDD 205–3112. Copies of non-confidential Rules of Practice and Procedure (19 CFR terminal on (202) 205–1810. documents filed in connection with this 210.60). SUPPLEMENTARY INFORMATION: This investigation are or will be available for Issued: December 23, 2009. investigation was instituted on June 23, inspection during official business By order of the Commission. 2009, based upon a complaint filed on hours (8:45 a.m. to 5:15 p.m.) in the Marilyn R. Abbott, behalf of UneMed Corp. of Omaha, Office of the Secretary, U.S. Secretary to the Commission. Nebraska (‘‘UneMed’’) on June 5, 2009, International Trade Commission, 500 E and supplemented on June 8 and 10, [FR Doc. E9–30878 Filed 12–29–09; 8:45 am] Street, SW., Washington, DC 20436, 2009. 74 FR 29717 (June 23, 2009). The telephone 202–205–2000. General BILLING CODE 7020–02–P complaint alleged violations of section information concerning the Commission 337(a)(1)(A) of the Tariff Act of 1930 (19 may also be obtained by accessing its INTERNATIONAL TRADE U.S.C. 1337) in the importation into the Internet server (http://www.usitc.gov). COMMISSION United States, the sale for importation, The public record for this investigation and the sale within the United States may be viewed on the Commission’s [Investigation No. 337–TA–679] after importation of certain products electronic docket (EDIS) at http:// advertised as containing creatine ethyl edis.usitc.gov. Hearing-impaired In the Matter of: Certain Products ester by reason of false advertising in persons are advised that information on Advertised as Containing Creatine violation of Section 43(a) of the Lanham this matter can be obtained by Ethyl Ester Notice of Commission Act, 15 U.S.C. 1125(a)(1)(B) and the contacting the Commission’s TDD Decision Not To Review an Initial Nebraska Uniform Deceptive Trade terminal on 202–205–1810. Determination Finding Respondent Practices Act, R.R.S. Neb. § 87–302 EST Nutrition in Default and SUPPLEMENTARY INFORMATION: The (2008). The complaint named as Commission instituted this investigation Terminating the Investigation; Request respondents Bodyonics, Ltd. of under section 337 of the Tariff Act of for Written Submissions on Remedy, Hicksville, New York (‘‘Bodyonics’’); 1930, 19 U.S.C. 1337 (‘‘section 337’’), on the Public Interest, and Bonding EST of Oviedo, Florida; Proviant December 16, 2009, based on a AGENCY: U.S. International Trade Technologies, Inc. of Champaign, complaint, as supplemented, filed by Commission. Illinois (‘‘Proviant’’); NRG–X Labs. of Knowles Electronic LLC of Itasca, ACTION: Notice. Bentonville, Arkansas (‘‘NRG–X’’); and Illinois alleging a violation of section San Corporation of Oxnard, California. 337 in the importation, sale for SUMMARY: Notice is hereby given that On September 29, 2009, the importation, and sale within the United the U.S. International Trade Commission issued notice of its States after importation of certain Commission has determined not to decision not to review an ID terminating silicon microphone packages and review an initial determination (‘‘ID’’) the investigation with respect to San products containing the same by reason (Order No. 12) issued by the presiding Corporation on the basis of a consent of infringement of certain claims of U.S. administrative law judge finding order. On October 19, 2009, the Patent No. 6,781,231 (‘‘the ’231 patent’’) respondent EST Nutrition LLC d/b/a Commission issued notice of its and U.S. Patent No. 7,242,089 (‘‘the ’089 Engineered Sport Technology, Inc. decision not to review an ID finding patent’’). The complainant named (‘‘EST’’) in default. EST is the last Bodyonics, NRG–X, and Proviant in Analog Devices Inc. of Norwood, MA as remaining respondent in this default. the respondent, and requested that the investigation. Accordingly, the Because the original service upon EST Commission find a violation of section Commission requests written had been ineffective, actual service was 337 and issue an exclusion order and a submissions, according to the schedule effected on October 6, 2009, by personal cease and desist order. The complainant set forth below, on remedy, public service pursuant to special permission also filed a motion for temporary relief interest, and bonding with respect to the granted by Order No. 7. On November requesting that the Commission issue a respondents in default. 4, 2009, UneMed filed a motion for an temporary limited exclusion order and FOR FURTHER INFORMATION CONTACT: order directing EST to show cause why temporary cease and desist order James A. Worth, Esq., Office of the it should not be found in default for prohibiting the importation into and the General Counsel, U.S. International failing to respond to the complaint and sale within the United States after Trade Commission, 500 E Street, SW., Notice of Investigation. UneMed noted importation of certain silicon Washington, DC 20436, telephone (202) that it seeks only a limited exclusion microphone packages and products 205–3065. Copies of non-confidential order against all defaulting respondents. containing the same that infringe claim documents filed in connection with this The Commission investigative attorney 1 of the ’231 patent and claims 1, 2, 7, investigation are or will be available for did not oppose the motion for an order 15, 16, 17, 18, and 20 of the ’089 patent inspection during official business to show cause. On November 17, 2009, during the pendency of the hours (8:45 a.m. to 5:15 p.m.) in the the presiding administrative law judge Commission’s investigation. Office of the Secretary, U.S. issued Order No. 11, directing EST to On December 18, 2009, the ALJ issued International Trade Commission, 500 E show cause by December 3, 2009, why Order No. 4 designating the Street, SW., Washington, DC 20436, it should not be found in default investigation ‘‘more complicated’’ telephone (202) 205–2000. General pursuant to Commission Rule 210.16, 19 pursuant to Commission Rule 210.60, 19 information concerning the Commission CFR 210.16. No response to Order No. CFR 210.60, on the basis of the may also be obtained by accessing its 11 was filed by the deadline date. On complexity of the issues raised in the Internet server at http://www.usitc.gov. December 4, 2009, the administrative complainant’s motion for temporary The public record for this investigation law judge issued the subject ID, finding relief. may be viewed on the Commission’s EST in default and terminating the

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investigation. No petitions for review 21, 2005, 70 FR 43251 (July 26, 2005). Issued: December 23, 2009. were filed. During this period, the subject articles Marilyn R. Abbott, EST is the last remaining respondent would be entitled to enter the United Secretary to the Commission. in this investigation. The investigation States under bond, in an amount [FR Doc. E9–30952 Filed 12–29–09; 8:45 am] has been terminated with respect to all determined by the Commission and BILLING CODE 7020–02–P other respondents based on consent prescribed by the Secretary of the order and default. Treasury. The Commission is therefore Section 337(g)(1) and Commission interested in receiving submissions DEPARTMENT OF JUSTICE Rule 210.16(c) authorize the concerning the amount of the bond that Commission to order relief against a Notice of Lodging of Consent Decree respondent found in default unless, should be imposed if a remedy is ordered. Under the Comprehensive after consideration of the public-interest Environmental Response, factors, it finds that such relief should Written Submissions: The parties to Compensation, and Liability Act not issue. UneMed has declared, the investigation, interested government pursuant to Commission Rule agencies, and any other interested Notice is hereby given that on 210.16(c)(2), that it does not seek a parties, are encouraged to file written December 22, 2009, a proposed Consent general exclusion order. submissions on the issues of remedy, Decree in United States v. Ausimont In conjunction with the final the public interest, and bonding. Industries, Inc., et al., Civil Action No. disposition of this investigation, Complainants and the Commission 1:09–cv–12169, was filed with the United States District Court for the therefore, the Commission may: (1) investigative attorney are also requested District of Massachusetts, Eastern Issue an order that could result in the to submit proposed remedial orders for exclusion of articles manufactured or Division. the Commission’s consideration. imported by any or all of the defaulting In this action, the United States respondents; and/or (2) issue one or Complainants are further requested to sought injunctive relief for remedial more cease and desist orders that could state the dates that any relevant cleanup, recovery of response costs, and result in any or all of the defaulting intellectual property rights terminate damages for injuries to natural resources respondents being required to cease and and the HTSUS numbers under which against 49 defendants (‘‘Settling desist from engaging in unfair acts in the accused products are imported. The Defendants), relating to the Sutton the importation and sale of such written submissions and proposed Brook Disposal Area Superfund Site in articles. Accordingly, the Commission is remedial orders must be filed no later Tewksbury, Massachusetts (‘‘Site’’), interested in receiving written than close of business on January 6, pursuant to Sections 106 and 107 of the submissions that address the form of 2010. Reply submissions must be filed Comprehensive Environmental remedy, if any, that should be ordered. no later than the close of business on Response, Compensation, and Liability If a party seeks exclusion of an article January 18, 2010. No further Act (‘‘CERCLA’’), 42 U.S.C. 9606 and from entry into the United States for submissions on these issues will be 9607(a). The Commonwealth of purposes other than entry for permitted unless otherwise ordered by Massachusetts (‘‘Commonwealth’’) has consumption, the party should so the Commission. asserted parallel claims under CERCLA indicate and provide information and related State provisions, and is a co- Persons filing written submissions establishing that activities involving plaintiff to the proposed Consent other types of entry either are adversely must file the original document and 12 Decree. affecting it or likely to do so. For true copies thereof with the Office of the To resolve the United States’ background, see In the Matter of Certain Secretary on or before the injunctive relief claim under Section Devices for Connecting Computers via aforementioned deadlines. Any person 106 of CERCLA, 42 U.S.C. 9606, the Telephone Lines, Inv. No. 337–TA–360, desiring to submit a document to the proposed Consent Decree requires 20 USITC Pub. No. 2843 (December 1994) Commission in confidence must request Settling Defendants to perform the (Commission Opinion). confidential treatment unless the Remedial Design/Remedial Action set If the Commission contemplates some information has already been granted forth in the Record of Decision for the form of remedy, it must consider the such treatment during the proceedings. Site (‘‘Performing Settling Defendants’’). effects of that remedy upon the public All such requests should be directed to This remedial cleanup includes interest. The factors the Commission the Secretary of the Commission and construction of a multi-layer, will consider include the effect that an must include a full statement of the impermeable cap over the area of the exclusion order and/or cease and desist reasons why the Commission should Site that was a former landfill; orders would have on (1) the public grant such treatment. See 19 CFR 201.6. construction of a groundwater pump health and welfare, (2) competitive Documents for which confidential and treatment system to collect and treat conditions in the U.S. economy, (3) U.S. treatment by the Commission is sought contaminated groundwater; long-term production of articles that are like or will be treated accordingly. All monitoring; and implementation of directly competitive with those that are nonconfidential written submissions restrictions on future uses of the Site. subject to investigation, and (4) U.S. will be available for public inspection at The total estimated cost of the remedial consumers. The Commission is cleanup for the Site is approximately the Office of the Secretary. therefore interested in receiving written $30 million ($29.98 million). submissions that address the The authority for the Commission’s To resolve the United States’ claims aforementioned public interest factors determination is contained in section for cost recovery and damages for in the context of this investigation. 337 of the Tariff Act of 1930, as injuries to natural resources under If the Commission orders some form amended (19 U.S.C. 1337), and in Section 107 of CERCLA, 42 U.S.C. 9607, of remedy, the U.S. Trade section 210.16 and 210.42–46 of the the Consent Decree requires Settling Representative, as delegated by the Commission’s Rules of Practice and Defendants to reimburse the United President, has 60 days to approve or Procedure (19 CFR 210.16; 210.42–46). States for all future response costs, and disapprove the Commission’s action. costs incurred to oversee the remedy, as By order of the Commission. See Presidential Memorandum of July set forth in the Consent Decree. Settling

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Defendants will also reimburse the by mail from the Consent Decree collective bargaining agreements. A Commonwealth for all future response Library, P.O. Box 7611, U.S. Department copy of the information collection costs, costs incurred to oversee the of Justice, Washington, DC 20044–7611 request (ICR) can be obtained by remedy, and $512,000 in past response or by faxing or e-mailing a request to contacting the office shown in the costs. In addition, Settling Defendants Tonia Fleetwood ADDRESSES section of this notice or at will pay $825,000 to the U.S. ([email protected]), fax no. http://www.RegInfo.gov. Department of Interior, which includes (202) 514–0097, phone confirmation DATES: Written comments must be $62,752 in assessment costs, to be used number (202) 514–1547. In requesting a submitted to the office shown in the to fund restoration projects in copy from the Consent Decree Library, ADDRESSES section on or before March 1, connection with the Site for natural please enclose a check, payable to the 2010. resources under the Federal and/or joint U.S. Treasury, in the amount of $112.75 ADDRESSES: Direct all written comments Federal and State trusteeship. Settling (25 cents per page reproduction cost), to G. Christopher Cosby, Office of Policy Defendants will also pay $825,000 to the or, if by e-mail or fax, forward a check and Research, Employee Benefits in the applicable amount to the Consent Commonwealth, which includes Security Administration, U.S. $44,270 in assessment costs, to be used Decree Library at the stated address. In Department of Labor, 200 Constitution to fund restoration projects in requesting a copy exclusive of exhibits Avenue, NW., Room N–5647, connection with the Site for natural and signature pages, please enclose a Washington, DC 20210. Telephone: resources under the Commonwealth’s check, payable to the U.S. Treasury, in (202) 693–8410; Fax: (202) 219–4745. trusteeship. the amount of $18 (25 cents per page These are not toll-free numbers. Beside the 20 Performing Settling reproduction cost). Defendants, the proposed Consent Comments may also be submitted Decree includes six Cashout Settling Maureen Katz, electronically to the following Internet Defendants and 23 De Minimis Settling Assistant Chief, Environmental Enforcement e-mail address: [email protected]. Defendants, each of whom will pay its Section, Environment and Natural Resources SUPPLEMENTARY INFORMATION: Division. respective allocated share of I. Background responsibility for the Site [FR Doc. E9–30960 Filed 12–29–09; 8:45 am] contamination, including standard BILLING CODE 4410–15–P Rules codified beginning at 29 CFR premiums, into a trust to be used by the 2570.150 set forth an administrative Performing Settling Defendants to pay procedure (‘‘procedural rules’’) for for the remedial cleanup, response DEPARTMENT OF LABOR obtaining a determination by the costs, and damages for injuries to Department as to whether a particular Employee Benefits Security natural resources. In exchange for the employee benefit plan is established or Administration payments to be made and work to be maintained under or pursuant to one or more collective bargaining agreements performed, the Settling Defendants will Proposed Extension of Information receive contribution protection and a for purposes of section 3(40) of ERISA. Collection; Comment Request; Petition These procedural rules concern specific covenant not to sue under Sections 106 for Finding Under Section 3(40) of criteria set forth in 29 CFR 2510.3–40 and 107 of CERCLA for remedial ERISA cleanup, response costs, and natural (‘‘criteria rules’’), which, if met, resources damages relating to the Site, AGENCY: Employee Benefits Security constitute a finding by the Department subject to certain reservation of rights. Administration, Department of Labor. that a plan is collectively bargained. The Department of Justice will receive ACTION: Notice. Plans that meet the requirements of the for a period of thirty (30) days from the criteria rules are not subject to state law. date of this publication comments SUMMARY: The Department of Labor (the Among other requirements, the relating to the Consent Decree. Department), in accordance with the procedural rules require submission of a Comments should be addressed to the Paperwork Reduction Act of 1995 (PRA) petition and affidavits by parties seeking Assistant Attorney General, (44 U.S.C. 3506(c)(2)(A)), provides the a finding. The Department has obtained Environment and Natural Resources general public and Federal agencies approval from the Office of Management Division, and either e-mailed to with an opportunity to comment on and Budget (OMB), under OMB Control [email protected] or proposed and continuing collections of No. 1210–0119, for the information mailed to P.O. Box 7611, U.S. information. This program helps the collections contained in its rules for a Department of Justice, Washington, DC Department assess the impact of its finding under section 3(40). This 20044–7611, and should refer to either: information collection requirements and approval is currently scheduled to United States v. Ausimont Industries, minimize the reporting burden on the expire on April 30, 2010. Inc., et al., Civil Action No. 1:09–cv– public. It also helps the public II. Current Actions 12169, D.J. Ref. 90–11–2–07854/1 and understand the Department’s 90–11–2–07854/2. The Consent Decree information collection requirements and This notice requests comments on an may be examined at the Office of the provide the requested data in the extension of OMB’s approval of the United States Attorney for the District of desired format. Currently, the Employee information collections included in 29 Massachusetts, One Courthouse Way, Benefits Security Administration CFR 2510.3–40. After considering Suite 9200, Boston, Massachusetts, and (EBSA) is soliciting comments on the comments received in response to this at U.S. EPA Region 1, 5 Post Office proposed extension of the information notice, the Department intends to Square—Suite 100, Boston, collections contained in regulations submit an ICR to OMB for continuing Massachusetts. During the public pertaining to the Department’s approval of the information collection comment period, the Consent Decrees procedures to making a finding under contained in 29 CFR 2510.3–40. No may also be examined on the following section 3(40) of the Employee change to the existing ICR is proposed Department of Justice Web site, http:// Retirement Income Security Act of 1974 or made at this time. An agency may not www.usdoj.gov/enrd/ (ERISA) as to whether an employee conduct or sponsor, and a person is not Consent_Decrees.html. A copy of the benefit plan is established and required to respond to, an information Consent Decrees may also be obtained maintained pursuant to one or more collection unless it displays a valid

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OMB control number. A summary of the NUCLEAR REGULATORY concluded that the MM was ICR and the current burden estimates COMMISSION discriminated against for raising concerns regarding the licensee’s follows: [NRC–2009–0574; Docket Nos. 50–259; 50– compliance with its Fitness for Duty Agency: Employee Benefits Security 260; 50–296; 50–327; 50–328; 50–390; 50– program. Administration, Department of Labor. 391; License Nos. DPR–33; DPR–52; DPR– 68; DPR–77; DPR–79; NPF–90; CPPR–92; By letter dated October 22, 2009, and Title: Petition for Finding under EA–09–009; EA–09–203] by teleconference on November 24, Section 3(40) of ERISA. 2009, the NRC identified to the Licensee Type of Review: Extension of a In the Matter of U.S. Tennessee Valley two separate apparent violations of 10 currently approved collection of Authority, Browns Ferry Nuclear Plant, CFR 50.7, and offered TVA the information. Sequoyah Nuclear Plant and Watts Bar opportunity to provide a written Nuclear Plant; Confirmatory Order response, attend a pre-decisional OMB Number: 1210–0119. Modifying License (Effective enforcement conference, or to request Affected Public: Business or other for- Immediately) ADR in which a neutral mediator with profit; Not-for-profit institutions. no decision-making authority would I Respondents: 45. facilitate discussions between the NRC U.S. Tennessee Valley Authority and TVA and, if possible, assist the NRC Responses: 45. (TVA or Licensee) is the holder of and TVA in reaching an agreement. Estimated Total Burden Hours: 0. Operating License Nos. DPR–33; DPR– TVA chose to participate in ADR. 52; DPR–68; DPR–77; DPR–79; DPR–90; Estimated Total Burden Cost and Construction Permit No. CPPR–92 III (Operating and Maintenance): $120,420. issued by the U.S. Nuclear Regulatory On December 4, 2009, the NRC and III. Desired Focus of Comments Commission (NRC or Commission) TVA met in an ADR session in pursuant to 10 CFR Part 50. The licenses Maryland, mediated by a professional The Department is particularly authorize the operation of the Browns mediator, which was arranged through interested in comments that: Ferry Nuclear Plant, Units 1, 2 and 3 Cornell University’s Institute on • Evaluate whether the proposed (BFN), Sequoyah Nuclear Plant, Units 1 Conflict Resolution. This Confirmatory collection of information is necessary and 2, and Watts Bar Nuclear Plant, Order is issued pursuant to the for the proper performance of the Unit 1 and construction activities agreement reached during the ADR functions of the agency, including associated with Watts Bar, Unit 2, in process. The elements of the agreement whether the information will have accordance with conditions specified consisted of the following: 1. The NRC acknowledged that TVA, practical utility; therein. These facilities are located in Athens, Alabama; Soddy Daisy, prior to the ADR session, took numerous • Evaluate the accuracy of the Tennessee; and Spring City, Tennessee, actions that address the issues agency’s estimate of the burden of the respectively. underlying the apparent violations. proposed collection of information, This Confirmatory Order is the result These actions include: including the validity of the of an agreement reached during an a. Browns Ferry Nuclear Plant (BFN) methodology and assumptions used; Alternative Dispute Resolution (ADR) management conducts regular ‘‘Town • Enhance the quality, utility, and mediation session conducted on Hall’’ meetings with TVA and contractor employees, which address topics of clarity of the information to be December 4, 2009. interest to the site, and during which collected; and II feedback is solicited from employees. A • Minimize the burden of the Two investigations were initiated by regular area of focus is ‘‘Safety Culture’’ collection of information on those who the NRC Office of Investigations (OI) to and the related topic of safety conscious are to respond, including through the determine if a former contractor in one work environment (SCWE). use of appropriate automated, instance and a TVA employee in the b. TVA issued ‘‘One Team, One Fleet, electronic, mechanical, or other other were discriminated against for One TVA’’ pocket-size booklets which technological collection techniques or engaging in protected activities. identify focus areas for site and other forms of information technology, On January 6, 2009, the NRC’s Office corporate success. These booklets e.g., by permitting electronic of Investigations (OI) issued its include a discussion of the need for a submissions of responses. investigative report regarding whether a free flow of information where former contracted Senior Assessor (SA) individuals can raise nuclear safety Comments submitted in response to hired to work in the Nuclear Assurance concerns without fear of retribution and this notice will be summarized and/or (NA) organization, in connection with have confidence that their concerns will included in the request for OMB the BFN Unit 1 Restart Project, was the be addressed. These booklets are widely approval; they will also become a matter subject of employment discrimination used and form a key part of daily of public record. in violation of 10 CFR 50.7, ‘‘Employee communications. Dated: December 24, 2009. protection.’’ In OI Report No. 2–2006– c. SCWE-oriented brochures (‘‘How Joseph S. Piacentini, 025, OI concluded that a SA was Do I Speak Up for Safety’’ and ‘‘Voice discriminated against for raising Your Concerns’’) are distributed and are Director, Office of Policy and Research, concerns regarding the independence of placed throughout the sites for TVA and Employee Benefits Security Administration. his manager. contractor employees. These brochures [FR Doc. E9–30996 Filed 12–29–09; 8:45 am] On July 30, 2009, OI issued its and other Concerns Resolution Program BILLING CODE 4510–29–P investigative report regarding whether a (CRP) information are also made maintenance mechanic (MM) employed available to contractor employees by TVA at BFN was the subject of through placement in their individual employment discrimination in violation in-processing packages. of 10 CFR 50.7, ‘‘Employee protection.’’ d. ‘‘Speak Up For Safety’’ message In OI Report No. 2–2009–003, OI pens, which also provide CRP contact

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telephone numbers, are regularly contractor, that the individual be compared with the results of the prior handed out to TVA and contractor required to attend a personal training years’ surveys. TVA shall make the employees. session with representatives of the TVA results of each survey and the planned e. Additional fleet-wide posters OGC and the CRP regarding TVA’s and corrective actions available for NRC promoting the CRP and encouraging the NRC’s requirements protecting review within sixty (60) calendar days raising of concerns have been placed in employees who raise concerns (TVA after the development of the planned strategic areas. Communications Practice 5, corrective actions. f. CRP representatives provide regular ‘‘Expressing Concerns and Differing d. Through the end of calendar year SCWE-oriented presentations to TVA Views’’ and 10 CFR 50.7, ‘‘Employee 2013 and on approximately a quarterly and contractor employees during mid- Protection’’), as well as methods for basis, TVA shall continue to analyze shift briefings, morning turnover promoting a safety conscious work SCWE trends and develop planned meetings, and tailgate meetings. environment. actions, as appropriate. g. CRP representatives regularly o. The apparent violations have been e. By no later than sixty (60) calendar attend contractor in-processing sessions entered into TVA’s Corrective Action days after the issuance of the prior to station outages to orient Program. Confirmatory Order, representatives contractors about the Program’s 2. In addition, TVA agreed to take the from the TVA’s OGC and Human availability for raising concerns. following actions: Resources shall conduct a lessons h. Additional ‘‘Drop Boxes’’ have a. By no later than ninety (90) learned training session with the been placed in high-traffic areas where calendar days after the issuance of this manager associated with the apparent Confirmatory Order, TVA shall TVA and contractor employees can violation discussed with TVA on implement a process to review proposed identify problems or concerns and have November 24, 2009. The training shall licensee adverse employment actions at the option of doing so anonymously if be documented and made available to TVA’s nuclear plant sites before actions they wish. the NRC upon request. i. TVA’s procedure for the Corrective are taken to determine whether the f. Through calendar year 2013, TVA Action Program has been modified to proposed action comports with shall conduct ‘‘Town Hall’’-type prevent altering problem evaluation employee protection regulations, and meetings at least annually at its nuclear report (PER) statements initiated by whether the proposed actions could power plants and corporate office with TVA or contractor employees. (Certain negatively impact the SCWE. Such a TVA and contractor employees which non-intent changes are permitted such process should consider actions to address topics of interest, including a as removing employee names, SSNs, mitigate a potential chilling effect if the discussion on TVA’s policy regarding Safeguards Information, etc.). employment action, despite its j. CRP staff conduct periodic legitimacy, could be perceived as fostering a SCWE. ‘‘Pulsings’’ of individual TVA and retaliatory by the workforce. By no later g. TVA shall incorporate a discussion contractor employees (approximately 50 than one hundred twenty (120) calendar of NRC’s employee protection rule in individuals per quarter per site) in days after the issuance of this the next revision of the ‘‘One Team, One which feedback is sought regarding Confirmatory Order, TVA shall Fleet, One TVA’’ booklet. The next work environment issues including implement a process to review proposed revision will be completed by no later willingness to raise concerns. significant adverse employment actions than December 31, 2010. k. Site electronic bulletin boards by contractors performing services at h. By no later than ninety (90) regularly communicate SCWE-related TVA’s nuclear plant sites before the calendar days after the issuance of the messages which encourage raising/ actions are taken to determine whether Confirmatory Order, TVA shall modify voicing problems and concerns. the proposed action comports with its contractor in-processing program to l. An online computer-based training employee protection regulations, and ensure that a TVA representative course was added which discusses the whether the proposed action could provides a presentation regarding the components of a nuclear safety culture, negatively impact the SCWE. Such a CRP program and the TVA’s SCWE what is meant by a SCWE, and the process will likewise consider actions to policy during the contractor in- avenues available to raise concerns. The mitigate a potential chilling effect if the processing sessions at its nuclear power training is required annually as a employment action, despite its plants. refresher for TVA employees as well as legitimacy, could be perceived as i. By no later than ninety (90) for long-term contract personnel that re- retaliatory by the workforce. calendar days after the issuance of the badge on an annual basis. b. By no later than seven (7) calendar Confirmatory Order, TVA shall revise its m. Representatives from TVA’s Office days after the issuance of the training program for new supervisors to of the General Counsel (OGC) and the Confirmatory Order, a member of TVA’s incorporate a classroom discussion of CRP completed training for TVA and executive management responsible for the NRC’s employee protection rule and contractor managers and supervisors the licensee’s nuclear power plant fleet the Company’s policy on SCWE. addressing 10 CFR 50.7 ‘‘Employee will, in writing, communicate TVA’s j. TVA’s annual online computer- Protection’’ and promoting a safety policy, and the expectations of based training course initiative, which conscious work environment. The management, regarding the employees’ discusses the components of a nuclear training covered managers and rights to raise concerns without fear of safety culture, what is meant by a supervisory staff (TVA and contractor) retaliation in the context of this SCWE, and the avenues available to on all shifts. Confirmatory Order. raise concerns, shall be maintained n. An ‘‘employment flag’’ has been c. By no later than the end of calendar through calendar year 2013. placed on the file of the contractor year 2013, TVA shall perform two (2) On December 16, 2009, TVA manager involved in the case discussed independent safety culture assessments consented to issuing this Confirmatory in NRC’s letter dated October 22, 2009. comparable to the independent survey Order with the commitments, as The employment flag provides, as a conducted in February 2009. The described in Section V below. TVA condition of being hired as an surveys shall be administered in further agreed that this Confirmatory employee, individual TVA contractor, approximately two-year intervals. TVA Order is to be effective upon issuance or as an employee of any TVA shall assess and evaluate the results and it has waived its right to a hearing.

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IV executive management responsible for 10. TVA’s annual online computer- Since TVA has agreed to take the licensee’s nuclear power plant fleet based training course initiative, which additional actions to address NRC will, in writing, communicate TVA’s discusses the components of a nuclear concerns, as set forth in Item III above, policy, and the expectations of safety culture, what is meant by a and NRC has concluded that its management, regarding the employees’ SCWE, and the avenues available to concerns can be resolved through rights to raise concerns without fear of raise concerns, shall be maintained issuance of this Confirmatory Order and retaliation in the context of this through calendar year 2013. Confirmatory Order. 11. In the event of the transfer of the thereby has agreed not to issue a Notice 3. By no later than the end of calendar operating license of a facility to another of Violation or civil penalty in this year 2013, TVA shall perform two (2) entity, if any, the commitments for such matter. independent safety culture assessments facility shall survive any transfer of I find that the Licensee’s comparable to the independent survey ownership. commitments as set forth in Section V conducted in February 2009. The 12. For clarity purposes, TVA’s are acceptable and necessary and surveys shall be administered in commitments herein are applicable to conclude that with these commitments approximately two-year intervals. TVA the above-captioned nuclear plants the public health and safety are shall assess and evaluate the results unless otherwise stated. reasonably assured. In view of the compared with the results of the prior VI foregoing, I have determined that the years’ surveys. TVA shall make the public health and safety require that the results of each survey and the planned Any person adversely affected by this Licensee’s commitments be confirmed corrective actions available for NRC Confirmatory Order, other than TVA, by this Confirmatory Order. Based on review within sixty (60) calendar days may request a hearing within 20 days of the above and the Licensee’s consent, after the development of the planned its publication in the Federal Register. this Confirmatory Order is immediately corrective actions. Where good cause is shown, effective upon issuance. 4. Through the end of calendar year consideration will be given to extending V 2013 and on approximately a quarterly the time to request a hearing. A request basis, TVA shall continue to analyze for extension of time must be made in Accordingly, pursuant to Sections SCWE trends and develop planned writing to the Director, Office of 103, 161b, 161i, 161o, 182, and 186 of actions, as appropriate. Enforcement, U.S. Nuclear Regulatory the Atomic Energy Act of 1954, as 5. By no later than sixty (60) calendar Commission, Washington, DC 20555, amended, and the Commission’s days after the issuance of this and include a statement of good cause regulations in 10 CFR 2.202 and 10 CFR Confirmatory Order, representatives for the extension. Part 50, It is hereby ordered, effective from the TVA’s OGC and Human All documents filed in NRC immediately, that TVA shall: Resources shall conduct a lessons adjudicatory proceedings, including a 1. By no later than ninety (90) learned training session with the request for hearing, a petition for leave calendar days after the issuance of this manager associated with the apparent to intervene, any motion or other Confirmatory Order, TVA shall violation discussed with TVA on document filed in the proceeding prior implement a process to review proposed November 24, 2009. The training shall to the submission of a request for licensee adverse employment actions at be documented and made available to hearing or petition to intervene, and TVA’s nuclear plant sites before actions the NRC upon request. documents filed by interested are taken to determine whether the 6. Through calendar year 2013, TVA governmental entities participating proposed action comports with shall conduct ‘‘Town Hall’’-type under 10 CFR 2.315(c), must be filed in employee protection regulations, and meetings at least annually at its nuclear accordance with the NRC E-Filing rule whether the proposed actions could power plants and corporate office with (72 FR 49139, August 28, 2007). The E- negatively impact the SCWE. Such a TVA and contractor employees which Filing process requires participants to process should consider actions to address topics of interest, including a submit and serve all adjudicatory mitigate a potential chilling effect if the discussion on TVA’s policy regarding documents over the Internet, or in some employment action, despite its fostering a SCWE. cases to mail copies on electronic legitimacy, could be perceived as 7. TVA shall incorporate a discussion storage media. Participants may not retaliatory by the workforce. By no later of NRC’s employee protection rule in submit paper copies of their filings than one hundred twenty (120) calendar the next revision of the ‘‘One Team, One unless they seek an exemption in days after the issuance of the Fleet, One TVA’’ booklet. The next accordance with the procedures confirmatory order, TVA shall revision will be completed by no later described below. implement a process to review proposed than December 31, 2010. To comply with the procedural significant adverse employment actions 8. By no later than ninety (90) requirements of E-Filing, at least ten by contractors performing services at calendar days after the issuance of this (10) days prior to the filing deadline, the TVA’s nuclear plant sites before the Confirmatory Order, TVA shall modify participant should contact the Office of actions are taken to determine whether its contractor in-processing program to the Secretary by e-mail at the proposed action comports with ensure that a TVA representative [email protected], or by telephone employee protection regulations, and provides a presentation regarding the at (301) 415–1677, to request (1) a whether the proposed action could CRP program and the TVA’s SCWE digital ID certificate, which allows the negatively impact the SCWE. Such a policy during the contractor in- participant (or its counsel or process will likewise consider actions to processing sessions. representative) to digitally sign mitigate a potential chilling effect if the 9. By no later than ninety (90) documents and access the E-Submittal employment action, despite its calendar days after the issuance of this server for any proceeding in which it is legitimacy, could be perceived as Confirmatory Order, TVA shall revise its participating; and (2) advise the retaliatory by the workforce. training program for new supervisors to Secretary that the participant will be 2. By no later than seven (7) calendar incorporate a classroom discussion of submitting a request or petition for days after the issuance of this the NRC’s employee protection rule and hearing (even in instances in which the Confirmatory Order, a member of TVA’s the Company’s policy on SCWE. participant, or its counsel or

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representative, already holds an NRC- participants separately. Therefore, or other law requires submission of such issued digital ID certificate). Based upon applicants and other participants (or information. With respect to this information, the Secretary will their counsel or representative) must copyrighted works, except for limited establish an electronic docket for the apply for and receive a digital ID excerpts that serve the purpose of the hearing in this proceeding if the certificate before a hearing request/ adjudicatory filings and would Secretary has not already established an petition to intervene is filed so that they constitute a Fair Use application, electronic docket. can obtain access to the document via participants are requested not to include Information about applying for a the E-Filing system. copyrighted materials in their digital ID certificate is available on A person filing electronically using submission. NRC’s public Web site at http:// the agency’s adjudicatory E-Filing If a person (other than the Licensee) www.nrc.gov/site-help/e-submittals/ system may seek assistance by requests a hearing, that person shall set apply-certificates.html. System contacting the NRC Meta System Help forth with particularity the manner in requirements for accessing the E- Desk through the ‘‘Contact Us’’ link which his interest is adversely affected Submittal server are detailed in NRC’s located on the NRC Web site at http:// by this Order and shall address the ‘‘Guidance for Electronic Submission,’’ www.nrc.gov/site-help/e- criteria set forth in 10 CFR 2.309(d) and which is available on the agency’s submittals.html, by e-mail at (f). public Web site at http://www.nrc.gov/ [email protected], or by a toll- If the hearing is requested by a person site-help/e-submittals.html. Participants free call at (866) 672–7640. The NRC whose interest is adversely affected, the may attempt to use other software not Meta System Help Desk is available Commission will issue an Order listed on the Web site, but should note between 8 a.m. and 8 p.m., Eastern designating the time and place of any that the NRC’s E-Filing system does not Time, Monday through Friday, hearing. If a hearing is held, the issue to support unlisted software, and the NRC excluding government holidays. be considered at such hearing shall be Meta System Help Desk will not be able Participants who believe that they whether this confirmatory order should to offer assistance in using unlisted have a good cause for not submitting be sustained. software. documents electronically must file an In the absence of any request for If a participant is electronically exemption request, in accordance with hearing, or written approval of an submitting a document to the NRC in 10 CFR 2.302(g), with their initial paper extension of time in which to request a accordance with the E-Filing rule, the filing requesting authorization to hearing, the provisions specified in participant must file the document continue to submit documents in paper Section V above shall be final 20 days using the NRC’s online, Web-based format. Such filings must be submitted from the date of this Confirmatory Order submission form. In order to serve by: (1) First-class mail addressed to the without further order or proceedings. If documents through the Electronic Office of the Secretary of the an extension of time for requesting a Information Exchange (EIE), users will Commission, U.S. Nuclear Regulatory hearing has been approved, the be required to install a Web browser Commission, Washington, DC 20555– provisions specified in Section V shall plug-in from the NRC Web site. Further 0001, Attention: Rulemaking and be final when the extension expires if a information on the Web-based Adjudications Staff; or (2) courier, hearing request has not been received. submission form, including the express mail, or expedited delivery A request for hearing shall not stay installation of the Web browser plug-in, service to the Office of the Secretary, the immediate effectiveness of this is available on the NRC’s public Web Sixteenth Floor, One White Flint North, order. site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, submittals.html. Maryland 20852, Attention: Rulemaking Dated this 22nd day of December 2009. Once a participant has obtained a and Adjudications Staff. Participants For the Nuclear Regulatory Commission. digital ID certificate and a docket has filing a document in this manner are Roy Zimmerman, been created, the participant can then responsible for serving the document on Director, Office of Enforcement. submit a request for hearing or petition all other participants. Filing is [FR Doc. E9–31019 Filed 12–29–09; 8:45 am] for leave to intervene. Submissions considered complete by first-class mail BILLING CODE 7590–01–P should be in Portable Document Format as of the time of deposit in the mail, or (PDF) in accordance with NRC guidance by courier, express mail, or expedited available on the NRC public Web site at delivery service upon depositing the NUCLEAR REGULATORY http://www.nrc.gov/site-help/e- document with the provider of the COMMISSION submittals.html. A filing is considered service. A presiding officer, having [Docket No. 040–08502; NRC–2009–0036] complete at the time the documents are granted an exemption request from submitted through the NRC’s E-Filing using E-Filing, may require a participant Notice of the Nuclear Regulatory system. To be timely, an electronic or party to use E-Filing if the presiding Commission Consent to Indirect filing must be submitted to the E-Filing officer subsequently determines that the Change of Control and Issuance of system no later than 11:59 p.m. Eastern reason for granting the exemption from License Amendment to Materials Time on the due date. Upon receipt of use of E-Filing no longer exists. License SUA–1341 for Cogema Mining, a transmission, the E-Filing system Documents submitted in adjudicatory Inc, Irigaray and Christensen Ranch time-stamps the document and sends proceedings will appear in NRC’s Facilities the submitter an e-mail notice electronic hearing docket which is confirming receipt of the document. The available to the public at http:// AGENCY: Nuclear Regulatory E-Filing system also distributes an e- ehd.nrc.gov/EHD_Proceeding/home.asp, Commission. mail notice that provides access to the unless excluded pursuant to an order of ACTION: Notice of approval of indirect document to the NRC Office of the the Commission, or the presiding change of control and issuance of General Counsel and any others who officer. Participants are requested not to license amendment. have advised the Office of the Secretary include personal privacy information, that they wish to participate in the such as Social Security numbers, home FOR FURTHER INFORMATION CONTACT: Ron proceeding, so that the filer need not addresses, or home phone numbers in C. Linton, Project Manager, Uranium serve the documents on those their filings, unless an NRC regulation Recovery Licensing Branch,

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Decommissioning and Uranium and December 3, 2009, Cogema and hearing by November 19, 2009. No Recovery Licensing Directorate, Uranium One Exploration U.S.A., Inc., requests for a hearing were received. Division of Waste Management and submitted an application to the NRC By Order dated December 17, 2009, Environmental Protection, Office of requesting approval of the change of NRC approved the indirect transfer. The Federal and State Materials and control of Source Materials License order was accompanied by a Safety Environmental Management Programs, SUA–1341 and the Irigaray and Evaluation Report (SER) documenting U.S. Nuclear Regulatory Commission, Christensen Ranch facilities. The change the basis for the NRC staff’s approval Washington, DC 20555. Telephone: of control involves a share purchase and a license amendment. These actions (301) 415–7777; fax number: (301) 415– agreement whereby all shares in comply with the standards and 5369; e-mail: [email protected]. Cogema—a subsidiary of Cogema requirements of the Atomic Energy Act SUPPLEMENTARY INFORMATION: Pursuant Resources, Inc., which in turn is a of 1954, as amended, and NRC’s rules to 10 CFR 2.106, the U.S. Nuclear subsidiary of Areva, NC (both of which and regulations. Regulatory Commission (NRC) is are Delaware corporations)—will be FOR FURTHER INFORMATION CONTACT: In providing notice of NRC consent to the acquired by Uranium One Exploration accordance with 10 CFR 2.390 of the indirect change of control and issuance U.S.A., which is also a Delaware NRC’s ‘‘Rules of Practice,’’ the details of license amendment 15 to Source corporation. Uranium One Exploration with respect to this action, including the Materials License No. SUA–1341. This U.S.A., is a subsidiary of Uranium One SER and accompanying documentation, license authorizes Cogema Mining, Inc., Americas, Inc. (a Nevada corporation). and license amendment, are available to possess uranium and 11.e (2) Uranium One Americas is a subsidiary electronically at the NRC’s Electronic byproduct material at its Irigaray and of Uranium One Investments, which, in Reading Room at http://www.nrc.gov/ Christensen Ranch in situ recovery (ISR) turn, is a subsidiary of Uranium One, reading-rm/adams.html. From this site, facilities in Johnson and Campbell Inc. (both of which are Canadian you can access the NRC’s Agencywide Counties, Wyoming. The facilities are companies). Document Access and Management currently in operating status, but are not NRC’s receipt of the request to take System (ADAMS), which provides text producing uranium at this time. this licensing action was previously and image files of NRC’s public By letter dated September 18, 2009, noticed in the Federal Register on documents. The ADAMS accession and supplemental information dated October 30, 2009 (74 FR 56241), with a numbers for the documents related to October 23, 2009, November 18, 2009, notice of an opportunity to request a this notice are:

1 ...... Applicant’s application, September 18, 2009 ...... ML092660641 2 ...... Supplementary information, October 23, 2009 ...... ML093090468 3 ...... Supplementary information, November 18, 2009 ...... ML093290146 4 ...... Supplementary information, November 18, 2009 ...... ML093360303 5 ...... Supplementary information, December 3, 2009 ...... ML093420030 6 ...... NRC Letter approving change of control, December 17, 2009 ...... ML093290021 7 ...... NRC Order dated December 17, 2009 ...... ML093290068 8 ...... NRC Materials License SUA–1341, Amendment 15, December 17, 2009 ...... ML093290083 9 ...... NRC Safety Evaluation Report dated December 17, 2009 ...... ML093290074

If you do not have access to ADAMS, NUCLEAR REGULATORY (License Amendment Request for or if there are problems in accessing the COMMISSION Decommissioning the Newfield documents located in ADAMS, contact Site), Shieldalloy’s Amended the NRC Public Document Room (PDR) Sunshine Federal Register Notice Motion for Stay Pending Judicial Review of Commission Action Reference staff at 1–800–397–4209, 301– Agency Holding the Meetings: Nuclear Transferring Regulatory Authority 415–4737, or via e-mail to [email protected]. Regulatory Commission. Over Newfield, New Jersey Site to These documents may also be viewed Date: Weeks of December 28, 2009, January 4, 11, 18, 25, and February 1, the State of New Jersey (Oct. 14, electronically on the public computers 2009) (Tentative). located at the NRC’s PDR, O 1 F21, One 2010. White Flint North, 11555 Rockville Place: Commissioners’ Conference Week of January 11, 2010—Tentative Room, 11555 Rockville Pike, Rockville, Pike, Rockville, MD 20852. The PDR Tuesday, January 12, 2010 reproduction contractor will copy Maryland. documents for a fee. Status: Public and Closed. 9:30 a.m. Briefing on Office of Nuclear Security and Incident Response— Week of December 28, 2009 Dated at Rockville, Maryland, this 22nd Programs, Performance, and Future day of December, 2009. There are no meetings scheduled for Plans (Public Meeting) (Contact: For the Nuclear Regulatory Commission. the week of December 28, 2009. Marshall Kohen, 301–415–5436). Keith I. McConnell, This meeting will be webcast live at Week of January 4, 2010—Tentative Deputy Director, Decommissioning and the Web address—http:// Uranium Recovery Licensing Directorate, Thursday, January 7, 2010 www.nrc.gov. Division of Waste Management and 12:15 p.m. Affirmation Session (Public 1:30 p.m. Briefing on Threat Environmental Protection, Office of Federal Meeting) (Tentative). Environment Assessment (Closed— and State Materials and Environmental a. PPL Bell Bend, LLC (Combined Ex. 1). Management Programs. License Application for Bell Bend Week of January 18, 2010—Tentative [FR Doc. E9–31036 Filed 12–29–09; 8:45 am] Nuclear Power Plant), LBP–09–18 BILLING CODE 7590–01–P (Ruling on Standing and Contention Tuesday, January 19, 2010 Admissibility) (Tentative). 9:30 a.m. Briefing on the NRC b. Shieldalloy Metallurgical Corp. Enforcement and Allegations

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Programs (Public Meeting) (Contact: OFFICE OF PERSONNEL for Retirement and Insurance Shahram Ghasemian, 301–415– MANAGEMENT Services, U.S. Office of Personnel 3591). Management, 1900 E Street, NW., [OMB Control No. 3206–0226, Form RI 38– Room 3305, Washington, DC 20415– This meeting will be webcast live at 128] the Web address—http:// 3500. www.nrc.gov. Proposed Collection; Comment For information regarding Request for Review of a Revised administrative coordination contact: Week of January 25, 2010—Tentative Information Collection Cyrus S. Benson, Team Leader, Publications Team, RIS Support Tuesday, January 26, 2010 AGENCY: Office of Personnel Services/Support Group, U.S. Office 9:30 a.m. Briefing on Office of Nuclear Management. of Personnel Management, 1900 E Reactor Regulation—Programs, ACTION: Notice. Street, NW., Room 4H28, Washington, Performance, and Future Plans DC 20415. (202) 606–4808. SUMMARY: In accordance with the (Public Meeting) (Contact: Quynh John Berry, Nguyen, 301–415–5844). Paperwork Reduction Act of 1995 (Pub. L. 104–13, May 22, 1995), this notice Director, U.S. Office of Personnel Management. This meeting will be webcast live at announces that the Office of Personnel the Web address—http:// Management (OPM) intends to submit to [FR Doc. E9–30976 Filed 12–29–09; 8:45 am] www.nrc.gov. the Office of Management and Budget BILLING CODE 6325–38–P Week of February 1, 2010—Tentative (OMB) a request for review of a revised information collection. ‘‘It’s Time to OFFICE OF PERSONNEL There are no meetings scheduled for Sign Up for Direct Deposit’’ (OMB MANAGEMENT the week of February 1, 2010. Control No. 3206–0226; Form RI 38– * * * * * 128), is primarily used by OPM to give Proposed Collection; Comment * The schedule for Commission recent retirees the opportunity to waive Request for Review of a Revised meetings is subject to change on short Direct Deposit of their annuity Information Collection: (OMB Control notice. To verify the status of meetings, payments. The form is sent only if the No. 3206–0143; Form RI 30–1) call (recording)—(301) 415–1292. separating agency did not give the AGENCY: Office of Personnel Contact person for more information: retiring employee this election Management. Rochelle Bavol, (301) 415–1651. opportunity. This form may also be used to enroll in Direct Deposit, which was ACTION: Notice. * * * * * its primary use before Public Law 104– SUMMARY: The NRC Commission Meeting 134 was passed. This law requires OPM In accordance with the Schedule can be found on the Internet to make all annuity payments by Direct Paperwork Reduction Act of 1995 at: http://www.nrc.gov/about-nrc/policy- Deposit unless the payee has waived the (Public Law 104–13, May 22, 1995), this making/schedule.html. service in writing. notice announces that the Office of * * * * * Comments are particularly invited on: Personnel Management (OPM) intends to submit to the Office of Management The NRC provides reasonable whether this collection of information is necessary for the proper performance of and Budget (OMB) a request for review accommodation to individuals with of a revised information collection. disabilities where appropriate. If you functions of the Office of Personnel Management, and whether it will have ‘‘Request to Disability Annuitant for need a reasonable accommodation to Information on Physical Condition and participate in these public meetings, or practical utility; whether our estimate of the public burden of this collection of Employment’’ (OMB Control No. 3206– need this meeting notice or the 0143; Form RI 30–1), is used by persons transcript or other information from the information is accurate, and based on valid assumptions and methodology; who are not yet age 60 and who are public meetings in another format (e.g. receiving disability annuity and are braille, large print), please notify the and ways in which we can minimize the burden of the collection of information subject to inquiry regarding their NRC’s Disability Program Coordinator, medical condition as OPM deems Rohn Brown, at 301–492–2279, TDD: on those who are to respond, through the use of appropriate technological reasonably necessary. RI 30–1 collects 301–415–2100, or by e-mail at information as to whether the disabling [email protected]. Determinations on collection techniques or other forms of information technology. condition has changed. requests for reasonable accommodation We estimate 8,000 RI 30–1 forms will We estimate 20,000 forms are will be made on a case-by-case basis. be completed annually. We estimate it completed annually. The form takes * * * * * takes approximately 60 minutes to approximately 30 minutes to complete. complete the form. The annual burden This notice is distributed The annual estimated burden is 10,000 electronically to subscribers. If you no is 8,000 hours. hours. Comments are particularly invited on: longer wish to receive it, or would like For copies of this proposal, contact to be added to the distribution, please Whether this collection of information Cyrus S. Benson on (202) 606–4808, is necessary for the proper performance contact the Office of the Secretary, FAX (202) 606–0910 or via e-mail to Washington, DC 20555 (301–415–1969), of functions of the Office of Personnel [email protected]. Please include Management, and whether it will have or send an e-mail to a mailing address with your request. [email protected]. practical utility; whether our estimate of DATES: Comments on this proposal the public burden of this collection of Dated: December 23, 2009. should be received within 60 calendar information is accurate, and based on Richard J. Laufer, days from the date of this publication. valid assumptions and methodology; Office of the Secretary. ADDRESSES: and ways in which we can minimize the [FR Doc. E9–30974 Filed 12–28–09; 11:15 Send or deliver comments to—James K. burden of the collection of information am] Freiert, Deputy Assistant Director, on those who are to respond, through BILLING CODE 7590–01–P Retirement Services Program, Center the use of appropriate technological

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collection techniques or other forms of use in evaluating the annuitant’s SUMMARY: In accordance with the information technology. condition. Paperwork Reduction Act of 1995 (Pub. For copies of this proposal, contact Comments are particularly invited on: L. 104–13, May 22, 1995), this notice Cyrus S. Benson on (202) 606–4808, Whether this collection of information announces that the Office of Personnel FAX (202) 606–0910 or via E-mail to is necessary for the proper performance Management (OPM) intends to submit to [email protected]. Please include of functions of the Office of Personnel the Office of Management and Budget a mailing address with your request. Management, and whether it will have (OMB) a request for review of a revised DATES: Comments on this proposal practical utility; whether our estimate of information collection. This information should be received within 60 calendar the public burden of this collection of collection, ‘‘Disabled Dependent days from the date of this publication. information is accurate, and based on Questionnaire’’ (OMB Control No. valid assumptions and methodology; ADDRESSES: Send or deliver comments 3206–0179; Form RI 30–10), is used to and ways in which we can minimize the collect sufficient information about the to—James K. Freiert, Deputy Assistant burden of the collection of information Director, Retirement Services Program, medical condition and earning capacity on those who are to respond, through for the Office of Personnel Management Center for Retirement and Insurance the use of appropriate technological Services, U.S. Office of Personnel to be able to determine whether a collection techniques or other forms of disabled adult child is eligible for health Management, 1900 E Street, NW., Room information technology. 3305, Washington, DC 20415–3500. benefits coverage and/or survivor We estimate 12,480 RI 20–7 forms are annuity payments under the Civil For Further Information Regarding completed annually. The form requires Administrative Coordination Contact: Service Retirement System or the approximately 30 minutes for Federal Employees Retirement System. Cyrus S. Benson, Team Leader, completion. The annual burden is 6,240 Publications Team, RIS Support Comments are particularly invited on: hours. Approximately 250 RI 30–3 whether this collection of information is Services/Support Group, U.S. Office of forms will be completed annually. The Personnel Management, 1900 E Street, necessary for the proper performance of form requires approximately 1 hour for functions of the Office of Personnel NW., Room 4H28, Washington, DC completion. The annual burden is 250 20415, (202) 606–4808. Management, and whether it will have hours. The total annual burden is 6,490. practical utility; whether our estimate of For copies of this proposal, contact U.S. Office of Personnel Management. the public burden of this collection of Cyrus S. Benson on (202) 606–4808, Fax John Berry, information is accurate, and based on (202) 606–0910 or via e-mail to Director. valid assumptions and methodology; [email protected]. Please include [FR Doc. E9–31030 Filed 12–29–09; 8:45 am] and ways in which we can minimize the a mailing address with your request. BILLING CODE 6325–38–P burden of the collection of information DATES: Comments on this proposal on those who are to respond, through should be received within 60 calendar the use of appropriate technological OFFICE OF PERSONNEL days from the date of this publication. collection techniques or other forms of MANAGEMENT ADDRESSES: Send or deliver comments information technology. to—James K. Freiert, Deputy Assistant Approximately 2,500 RI 30–10 forms [OMB Control No. 3206–0140; Forms RI 20– Director, Retirement Services Program, are completed annually. The form takes 7 and RI 30–3] Center for Retirement and Insurance approximately 1 hour to complete. The Services, U.S. Office of Personnel annual estimated burden is 2,500 hours. Proposed Collection; Comment Management, 1900 E Street, NW., Room For copies of this proposal, contact Request for Review of a Revised 3305, Washington, DC 20415–3500. Cyrus S. Benson on (202) 606–4808, For information regarding Information Collection FAX (202) 606–0910 or via E-mail to administrative coordination contact: [email protected]. Please include AGENCY: Office of Personnel Cyrus S. Benson, Team Leader, a mailing address with your request. Management. Publications Team, RIS Support ACTION: Notice. Services/Support Group, U.S. Office of DATES: Comments on this proposal Personnel Management, 1900 E Street, should be received within 60 calendar SUMMARY: In accordance with the NW–Room 4H28, Washington, DC days from the date of this publication. Paperwork Reduction Act of 1995 (Pub. 20415, (202) 606–4808. ADDRESSES: Send or deliver comments L. 104–13, May 22, 1995), this notice to—James K. Freiert, Deputy Assistant announces that the Office of Personnel U.S. Office of Personnel Management. John Berry, Director, Retirement Services Program, Management (OPM) intends to submit to Center for Retirement and Insurance Director. the Office of Management and Budget Services, U.S. Office of Personnel (OMB) a request for review of a revised [FR Doc. E9–31029 Filed 12–29–09; 8:45 am] Management, 1900 E Street, NW., Room information collection. ‘‘Representative BILLING CODE 6325–38–P 3305, Washington, DC 20415–3500. Payee Application’’ (OMB Control No. For information regarding 3206–0140; Form RI 20–7), is used by administrative coordination contact: the Civil Service Retirement System OFFICE OF PERSONNEL MANAGEMENT Cyrus S. Benson, Team Leader, (CSRS) and the Federal Employees Publications Team, RIS Support Retirement System (FERS) to collect [OMB Control No. 3206–0179; Form RI 30– Services/Support Group, U.S. Office of information from persons applying to be 10] Personnel Management, 1900 E Street, fiduciaries for annuitants or survivor NW., Room 4H28, Washington, DC Proposed Collection; Comment annuitants who appear to be incapable 20415. (202) 606–4808. of handling their own funds or for Request for Review of a Revised minor children. ‘‘Information Necessary Information Collection John Berry, Director, U.S. Office of Personnel for a Competency Determination’’ (OMB AGENCY: Office of Personnel Management. Control No. 3206–0140; Form RI 30–3), Management. collects medical information regarding [FR Doc. E9–30977 Filed 12–29–09; 8:45 am] ACTION: Notice. the annuitant’s competency for OPM’s BILLING CODE 6325–38–P

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OFFICE OF PERSONNEL systems engineering, enterprise White House Liaison. Effective MANAGEMENT architecture, intelligence analysis, November 09, 2009. investigation, investigative analysis and DDGS17264 Special Assistant to the Excepted Service cyber related infrastructure inter- Principal Deputy Assistant Secretary dependency analysis. This authority of Defense for Legislative Affairs. AGENCY: U.S. Office of Personnel Effective November 20, 2009. Management (OPM). may be used to make permanent, time- limited and temporary appointments in DDGS17266 Special Assistant to the ACTION: Notice. the following occupational series: Deputy Assistant Secretary of Defense SUMMARY: This gives notice of OPM Security (GS–0080), intelligence for Cyber and Space Policy. Effective decisions granting authority to make analysts (GS–0132), computer engineers November 20, 2009. (GS–0854), electronic engineers (GS– appointments under Schedules A, B, Department of Homeland Security and C in the excepted service as 0855), computer scientists (GS–1550), required by 5 CFR 213.103. operations research (GS–1515), criminal DMGS00817 Special Assistant to the Officer of Civil Rights and Civil FOR FURTHER INFORMATION CONTACT: investigators (GS–1811), Liberties. Effective November 13, Roland Edwards, Executive Resources telecommunications (GS–0391), and IT 2009. Services Group, Center for Performance specialists (GS–2210). Within the scope Management Systems and Evaluation, of this authority, the U.S. Cyber Department of the Interior Division for Human Capital Leadership Command is also authorized to hire miscellaneous administrative and DIGS01175 Deputy Director to the and Merit System Accountability, 202– Director, Congressional and 606–2246. program (GS–0301) series when those positions require unique qualifications Legislative Affairs. Effective SUPPLEMENTARY INFORMATION: Appearing not currently established by OPM. All November 20, 2009. in the listing below are the individual positions will be at the General authorities established under Schedules Department of Agriculture Schedule (GS) grade levels 09–15. No A, B, and C between November 1, 2009 new appointments may be made under DAGS00182 Special Assistant to the and November 30, 2009. These notices this authority after December 31, 2012 Administrator, Farm Service Agency. are published monthly in the Federal or the date on which OPM establishes Effective November 24, 2009. Register at http://www.gpoaccess.gov/fr. applicable qualification standards, DAGS00301 Chief of Staff to the A consolidated listing of all authorities whichever is earlier. Assistant Secretary for as of June 30 is also published each Administration. Effective November year. The following Schedules are not Schedule B 24, 2009. codified in the Code of Federal The following Schedule B DAGS02000 Chief of Staff to the Regulations. These are agency specific appointments were approved during Deputy Under Secretary for Marketing exceptions. November 2009. and Regulatory Programs. Effective Schedule A Section 213.3204 Department of State November 27, 2009. is amended to read: DAGS02001 Confidential Assistant to The following Schedule A the Administrator. Effective appointments were approved during Section 213.3204 Department of State November 27, 2009. November 2009. (d) Seventeen positions on the Schedule A. Revoked November 19, Department of Commerce household staff of the President’s Guest 2009. Revocation effective in 30 days. House (Blair and Blair-Lee Houses). DCGS00074 Director, Office of Department of Homeland Security Strategic Partnerships to the Assistant Schedule C Secretary and Director General of The Schedule A authority reads: The following Schedule C United States/Foreign Commercial Section 213.3111(a) Federal Deposit appointments were approved during Service. Effective November 02, 2009. Insurance Corporation November 2009. DCGS00553 Director of Outreach to the Assistant Secretary for Economic Up to 50 positions at the GS–5 Department of State Development. Effective November 02, through 15 grade levels at the 2009. Department of Homeland Security. No DSGS69951 Staff Assistant to the DCGS00427 Special Advisor to the new appointments may be made under Special Envoy with the Rank of Under Secretary of Commerce for this authority after September 30, 2006. Ambassador. Effective November 30, Industry and Security. Effective Schedule A. New authority 2009. November 17, 2009. established November 10, 2009. DSGS69975 Special Assistant to the Secretary of State. Effective November DCGS00446 Director of Legislative Department of Defense 30, 2009. Affairs to the Under Secretary of Commerce for Industry and Security. Section 213.3106(b) Department of Department of the Treasury Effective November 17, 2009. Defense DYGS60390 Senior Advisor to the DCGS00418 Confidential Assistant to (11) Not to exceed 3000 positions that Assistant Secretary and Chief the Under Secretary for Economic require unique qualifications not Financial Officer. Effective November Affairs. Effective November 20, 2009. currently established by OPM to 24, 2009. perform cyber risk and strategic Department of Labor analysis, incident handling and Department of Defense DLGS60225 Special Assistant to the malware/vulnerability analysis, program DDGS17262 Special Assistant to the Director of Scheduling and Advance. management, distributed control Director, Operational Test and Effective November 05, 2009 systems security, cyber incident Evaluation. Effective November 06, DLGS60252 Special Assistant to the response, cyber exercise facilitation and 2009. Director of Recovery for Auto management, cyber vulnerability DDGS17265 Deputy White House Communities and Workers. detection and assessment, network and Liaison to the Special Assistant for Effective November 05, 2009.

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Department of Health and Human EPGS06032 Deputy to the Scheduler to publish in the Federal Register notice of Services the Administrator. Effective the existence and character of records November 02, 2009. maintained by the agency (5 U.S.C. DHGS60419 Confidential Assistant to EPGS06008 Advance Specialist to the 552a(e)(4)). OPM last published OPM/ the Deputy Assistant Secretary for Administrator. Effective November Govt–1 on June 19, 2006 (FR Vol. 71, Public Affairs (Policy and Strategy). 13, 2009. Number 117). Effective November 03, 2009. DATES: This action will be effective DHGS60032 Special Assistant to the Department of Energy without further notice on February 8, Commissioner of Food and Drugs. DEGS00777 Special Assistant to the 2010 unless comments are received that Effective November 16, 2009. Deputy Chief of Staff. Effective would result in a contrary DHGS60463 Senior Advisor, Office of November 24, 2009. determination. Health Reform to the Principal Deputy DEGS00778 Special Assistant to the ADDRESSES: Assistant Secretary for Planning and Chief of Staff. Effective November 24, Send written comments to Evaluation. Effective November 18, 2009. the Office of Personnel Management, 2009. DEGS00779 Special Assistant to the Deputy Associate Director, Center for DHGS60469 Director of Deputy Secretary of Energy. Effective Workforce Information and Systems Communications, Office of Health November 27, 2009. Requirements, Room 7439, U.S. Office Reform to the Principal to the Deputy of Personnel Management, 1900 E Assistant Secretary for Planning and Federal Deposit Insurance Corporation Street, NW., Washington, DC 20415. Evaluation. Effective November 18, FDOT00015 Writer-Editor to the FOR FURTHER INFORMATION CONTACT: 2009. Chairman of the Board of Directors. Michael Trinite, Privacy Advisor 202– DHGS60240 Regional Director, Dallas, Effective November 20, 2009. 606–2016, fax 202–606–1719 or e-mail: [email protected]. Texas, Region VI to the Director of Federal Trade Commission Intergovernmental Affairs. Effective SUPPLEMENTARY INFORMATION: In November 23, 2009. FTGS60001 Director, Office of Public accordance with the Privacy Act of DHGS60244 Regional Director, Seattle, Affairs to the Chairman. Effective 1974, 5 U.S.C. 552(a), this document Washington, Region X to the Director November 09, 2009. provides public notice that the OPM is of Intergovernmental Affairs. Effective Department of Transportation proposing to adopt a new Category of November 23, 2009. Records ‘‘o’’ and a new Routine Use DTGS60377 Director, Office of ‘‘pp’’ in OPM/GOVT–1, General DHGS60255 Regional Director, Governmental, International and Chicago, Illinois-Region V to the Personnel Records system of records. Public Affairs to the Deputy These changes will not affect any Director of Intergovernmental Affairs. Administrator. Effective November Effective November 23, 2009. Privacy Act rights afforded individuals 03, 2009. who are the subject of such records. A DHGS60417 Regional Director, Kansas DTGS60465 Press Secretary to the City, Missouri, Region VII to the new Routine Use ‘‘pp’’ for OPM/GOVT– Assistant to the Secretary and Director 1 is being proposed to provide relevant Director of Intergovernmental Affairs. of Public Affairs. Effective November Effective November 23, 2009. and necessary information to Federal 20, 2009. Government Web sites and to any Department of Education DTGS60476 Deputy Press Secretary to person in support of E.O. 13490, January the Secretary and Director of Public 21, 2009, Ethics Commitments by DBGS00192 Special Assistant to the Affairs. Effective November 20, 2009. Assistant Secretary for Civil Rights. Executive Branch Personnel, and in Effective November 06, 2009. Authority: 5 U.S.C. 3301 and 3302; E.O. support of the White House’s core 10577, 3 CFR 1954–1958 Comp., p. 218. DBGS00647 Special Assistant to the principles for the business of Assistant Secretary for Elementary U.S. Office of Personnel Management. government; transparency, and Secondary Education Effective John Berry, participation, collaboration and November 09, 2009. Director. innovation. A new Category of Records is being DBGS00353 Special Assistant to the [FR Doc. E9–31027 Filed 12–29–09; 8:45 am] established to accommodate the Assistant Secretary for Planning, BILLING CODE 6325–39–P requirements, as established in E.O. Evaluation, and Policy Development. 13490, January 21, 2009, for retaining Effective November 16, 2009. the ethics pledges and pledge waiver DBGS00414 Press Secretary for OFFICE OF PERSONNEL MANAGEMENT certifications thereof in the Official Strategic Communications to the Personnel Folder. Assistant Secretary, Office of The system report, as required by 5 Communications and Outreach. Privacy Act of 1974: Amendment to System of Records U.S.C. 552a(r), has been submitted to Effective November 16, 2009. the Committee on Governmental Affairs DBGS00434 Press Secretary for Media AGENCY: U.S. Office of Personnel of the United States Senate, the Relations to the Assistant Secretary, Management. Committee on Government Reform and Office for Communications and ACTION: Proposed new Category of Oversight of the House of Outreach. Effective November 16, Records and a new Routine Use in Representatives and the Office of 2009. OPM/GOVT–1 system of records. Management and Budget. Environmental Protection Agency SUMMARY: The U.S. Office of Personnel Routine Use ‘‘pp’’ EPGS05005 Deputy Press Secretary to Management (OPM) proposes to add a ‘‘pp’’ to disclose on public and the Associate Administrator for Public new Category of Records and a new internally-accessible Federal Affairs. Effective November 02, 2009. Routine Use to OPM/GOVT–1, General Government Web sites, and to otherwise EPGS05016 Deputy Press Secretary to Personnel Records, System of Records. disclose to any person, including other the Associate Administrator for Public This action is necessary to meet the departments and agencies, the signed Affairs. Effective November 02, 2009. requirements of the Privacy Act to ethics pledges and pledge waiver

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certifications issued under E.O. 13490 of SECURITIES AND EXCHANGE to clarify the Exchange’s rules regarding January 21, 2009, Ethics Commitments COMMISSION round lots, odd lots and fixed lots. The by Executive Branch Personnel. [Release No. 34–61221; File No. SR–NSX– proposed changes are part of an effort to Category of Records 2009–08] provide clarity with respect to such definitions in the context of an ‘‘o’’ records maintained in accordance Self-Regulatory Organizations; overriding interest in maintaining a fair with E.O. 13490, section 4(e), January National Stock Exchange, Inc.; Notice and orderly market, protecting investors 21, 2009. These records include the of Filing and Immediate Effectiveness and protecting the public interest. The ethics pledge and all pledge waiver of Proposed Rule Change To Amend certifications with respect thereto. proposed changes are more fully NSX Rule 11 Governing Round Lots, discussed below. U.S. Office of Personnel Management. Odd Lots and Mixed Lots. John Berry, The definitions of ‘‘round lot’’, ‘‘odd December 22, 2009. lot’’ and ‘‘mixed lot’’ in Rule 11.2 are Director. Pursuant to Section 19(b)(1) of the proposed to be modified in order to [FR Doc. E9–31026 Filed 12–29–09; 8:45 am] Securities Exchange Act of 1934 (the clarify their meanings and to conform BILLING CODE 6325–39–P ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 with common usage and treatment notice is hereby given that on December within the financial industry.3 The 17, 2009, National Stock Exchange, Inc. definition of ‘‘round lot’’ is being SECURITIES AND EXCHANGE (‘‘NSX’’ or ‘‘Exchange’’) filed with the COMMISSION modified to mean a normal unit of Securities and Exchange Commission trading, which is most frequently (but (‘‘Commission’’) the proposed rule Sunshine Act Meeting Notice not always) 100 shares. Similarly, the change, as described in Items I, II, and definitions of ‘‘odd lot’’ and ‘‘mixed lot’’ Notice is hereby given, pursuant to III below, which Items have been are rephrased for purposes of clarity and the provisions of the Government in the prepared by the Exchange. The transparency. Sunshine Act, Public Law 94–409, that Commission is publishing this notice to the Securities and Exchange solicit comment on the proposed rule In addition, in proposed Rule Commission will hold a Closed Meeting change from interested persons. 11.11(c)(4), the definition of ‘‘Mixed Lot on Tuesday, December 29, 2009 at 10 Order’’ is modified in order to clarify I. Self-Regulatory Organization’s the Exchange’s treatment of the odd lot a.m. Statement of the Terms of the Substance Commissioners, Counsel to the portion of Mixed Lot Orders. The newly of the Proposed Rule Change Commissioners, the Deputy Secretary to added language in proposed Rule the Commission, and recording The Exchange is proposing to amend 11.11(c)(4) confirms that Mixed Lot secretaries will attend the Closed NSX Rules 11.2 and 11.11 governing Orders may be entered, and clarifies that Meeting. Certain staff members who round, odd and mixed lots. the Exchange will treat the odd lot have an interest in the matter also may The text of the proposed rule change component of a Mixed Lot Order for be present. is available on the Exchange’s Web site purposes of order interaction as an Odd at http://www.nsx.com, on the The General Counsel of the Lot Order. This language is intended to Commission’s Web site at http:// Commission, or his designee, has clarify for purposes of certainty and www.sec.gov, at the principal office of certified that, in his opinion, one or transparency how the Exchange treats the Exchange, and at the Commission’s more of the exemptions set forth in 5 the odd lot portions of Mixed Lot Public Reference Room. U.S.C. 552b(c)(5), (7), 9(B) and (10) and Orders. Consistent with the new 17 CFR 200.402(a)(5), (7), 9(ii) and (10), II. Self-Regulatory Organization’s language, the revised rule retains the permit consideration of the scheduled Statement of the Purpose of, and existing statement that the odd lot matter at the Closed Meeting. Statutory Basis for, the Proposed Rule components of Mixed Lot Orders are Commissioner Paredes, as duty Change officer, voted to consider the item listed only eligible to be protected quotations 4 for the Closed Meeting in a closed In its filing with the Commission, the if aggregated to form a round lot. session, and determined that no earlier Exchange included statements Providing this clarity with respect to the notice thereof was possible. concerning the purpose of and basis for treatment of the odd lot component of The subject matter of the Closed the proposed rule change and discussed a mixed lot order is consistent with the Meeting scheduled for Tuesday, any comments it received on the rules of other markets which December 29, 2009 will be: proposed rule change. The text of these specifically provide for the treatment of statements may be examined at the [A] matter related to an enforcement the odd lot components of mixed lot proceeding. places specified in Item IV below. The orders.5 Further, such treatment is Exchange has prepared summaries, set consistent with Reg NMS, including At times, changes in Commission forth in sections A, B, and C below, of Rules 610 and 611, which permit market priorities require alterations in the the most significant parts of such centers to establish rules for the scheduling of meeting items. statements. For further information and to ascertain what, if any, matters have been A. Self-Regulatory Organization’s 3 See FINRA Rule 6320A (‘‘ ‘Normal unit of Statement of the Purpose of, and trading’ means 100 shares of a security unless, with added, deleted or postponed, please respect to a particular security, FINRA determines contact: Statutory Basis for, the Proposed Rule that a normal unit of trading shall constitute other The Office of the Secretary at (202) Change than 100 shares’’). 551–5400. 4 The round lot component of a Mixed Lot Order 1. Purpose is treated as a round lot order. December 28, 2009. The Exchange proposes to amend 5 See NYSE Rule 124 on Odd Lot Orders and Florence E. Harmon, NSX Rules 11.2 and 11.11(c)(4) in order Supplementary Material .40 thereto; see also ISE Deputy Secretary. Rule 2105(c)(3) (providing that the odd lot component of a mixed lot order will be treated the [FR Doc. E9–31076 Filed 12–28–09; 4:15 pm] 1 15 U.S.C. 78s(b)(1). same as an odd lot order, i.e., rejected unless it BILLING CODE 8011–01–P 2 17 CFR 240.19b–4. meets certain requirements).

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handling of odd-lot orders and the odd- designate if consistent with the amendments, all written statements lot portions of mixed-lot orders.6 protection of investors and the public with respect to the proposed rule interest; provided that the self- change that are filed with the 2. Statutory Basis regulatory organization has given the Commission, and all written The Exchange believes that the Commission written notice of its intent communications relating to the proposed rule change is consistent with to file the proposed rule change at least proposed rule change between the the provisions of Section 6(b) of the five business days prior to the filing Commission and any person, other than Act,7 in general, and furthers the date of the proposed rule change.11 those that may be withheld from the objectives of Section 6(b)(5) 8 in Pursuant to Rule 19b–4(f)(6)(iii) under public in accordance with the particular in that it is designed, among the Act,12 the Commission may provisions of 5 U.S.C. 552, will be other things, to promote just and designate a shorter time period if such available for inspection and copying in equitable principles of trade, to remove action is consistent with the protection the Commission’s Public Reference impediments to and perfect the of investors and the public interest. The Room, 100 F Street, NE., Washington, mechanism of a free and open market Exchange requests that the effective date DC 20549, on official business days and a national market system, and, in for the instant rule change be thirty days between the hours of 10 a.m. and 3 p.m. general, to protect investors and the after the date of filing of this rule Copies of such filing also will be public interest. The Exchange believes change, or such earlier date as the available for inspection and copying at that the proposed rule change advances Commission determines. the principal office of the Exchange. All these objectives by providing At any time within 60 days of the comments received will be posted transparency and certainty with respect filing of the proposed rule change, the without change; the Commission does to the definitions of terms frequently Commission may summarily abrogate not edit personal identifying used in the Exchange’s rules and by such rule change if it appears to the information from submissions. You clarifying the Exchange’s treatment of Commission that such action is should submit only information that the odd lot component of Mixed Lot necessary or appropriate in the public you wish to make publicly available. All Orders. interest, for the protection of investors, submissions should refer to File or otherwise in furtherance of the Number SR–NSX–2009–08 and should B. Self-Regulatory Organization’s 13 Statement on Burden on Competition purposes of the Act. be submitted on or before January 20, The Exchange does not believe that IV. Solicitation of Comments 2010. the proposed rule change will impose Interested persons are invited to For the Commission, by the Division of any burden on competition that is not submit written data, views, and Trading and Markets, pursuant to delegated necessary or appropriate in furtherance arguments concerning the foregoing, authority.14 of the purposes of the Exchange Act. including whether the proposed rule Florence E. Harmon, Deputy Secretary. C. Self-Regulatory Organization’s change is consistent with the Act. Statement on Comments on the Comments may be submitted by any of [FR Doc. E9–30911 Filed 12–29–09; 8:45 am] Proposed Rule Change Received From the following methods: BILLING CODE 8011–01–P Members, Participants or Others Electronic Comments The Exchange has neither solicited • Use the Commission’s Internet SECURITIES AND EXCHANGE nor received written comments on the comment form (http://www.sec.gov/ COMMISSION proposed rule change. rules/sro.shtml); or • Send an e-mail to rule- [Release No. 34–61224; File No. SR– III. Date of Effectiveness of the NASDAQ–2009–110] Proposed Rule Change and Timing for [email protected]. Please include File Number SR–NSX–2009–08 on the Commission Action Self-Regulatory Organizations; The subject line. The proposed rule change will take NASDAQ Stock Market LLC; Notice of effect 30 days from the date of filing (or Paper Comments Filing and Immediate Effectiveness of such shorter time as the Commission • Send paper comments in triplicate Proposed Rule Change to Amend IM– may designate) pursuant to Section to Elizabeth M. Murphy, Secretary, 2110–7 To Reflect Changes to 19(b)(3)(A)(ii) of the Act 9 and Securities and Exchange Commission, Corresponding FINRA Rule 10 subparagraph (f)(6) of Rule 19b–4 100 F Street, NE., Washington, DC December 22, 2009. thereunder, because the proposal: (1) 20549–1090. Pursuant to Section 19(b)(1) of the Does not significantly affect the All submissions should refer to File Securities Exchange Act of 1934 protection of investors or the public Number SR–NSX–2009–08. This file (‘‘Act’’),1 and Rule 19b–4 thereunder,2 interest; (2) does not impose any number should be included on the notice is hereby given that on December significant burden on competition; and subject line if e-mail is used. To help the 14, 2009, The NASDAQ Stock Market (3) does not become operative for 30 Commission process and review your LLC (the ‘‘Exchange’’ or ‘‘NASDAQ’’) days from the date of filing, or such comments more efficiently, please use filed with the Securities and Exchange shorter time as the Commission may only one method. The Commission will Commission (‘‘Commission’’) the post all comments on the Commission’s proposed rule change as described in 6 See Responses to Frequently Asked Questions Internet Web site (http://www.sec.gov/ Concerning Rule 611 and Rule 610 of Regulation Items I, II, and III below, which Items NMS, Question 7.03: Odd-Lot Orders and Odd-Lot rules/sro.shtml). Copies of the have been prepared by the Exchange. Portions of Mixed-Lot Orders (‘‘trading centers are submission, all subsequent The Exchange has designated the permitted to establish their own rules for handling proposed rule change as constituting a odd-lot orders and the odd-lot portions of mixed- 11 As required under Rule 19b–4(f)(6)(iii), NSX non-controversial rule change under lot orders’’). provided the Commission with written notice of its 7 15 U.S.C. 78f(b). intent to file the proposed rule change at least five 8 15 U.S.C. 78f(b)(4) [sic]. business days prior to the filing date. 14 17 CFR 200.30–3(a)(12). 9 15 U.S.C. 78s(b)(3)(A)(ii). 12 17 CFR 19b–4(f)(6)(iii). 1 15 U.S.C. 78s(b)(1). 10 17 CFR 240.19b–4. 13 15 U.S.C. 78s(b)(3)(C). 2 17 CFR 240.19b–4.

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Rule 19b–4(f)(6) under the Act,3 which planned NASDAQ rules make use of processing information with respect to, renders the proposal effective upon those numbers. However, wherever and facilitating transactions in filing with the Commission. The possible, NASDAQ plans to update its securities, to remove impediments to Commission is publishing this notice to rules to reflect changes to corresponding and perfect the mechanism of a free and solicit comments on the proposed rule FINRA rules. open market and a national market change from interested persons. This filing addresses NASDAQ IM– system, and, in general, to protect 2110–7 (Interfering With the Transfer of investors and the public interest. The I. Self-Regulatory Organization’s Customer Accounts in the Context of proposed changes will conform Statement of the Terms of the Substance Employment Disputes), which provides NASDAQ IM–2110–7 to recent changes of the Proposed Rule Change that it shall be inconsistent with just made to a corresponding FINRA rule, to The Exchange is filing this proposed and equitable principles of trade for a promote application of consistent rule change to amend NASDAQ IM– member or person associated with a regulatory standards. 1002–1 [sic] to reflect recent changes to member to interfere with a customer’s a corresponding rule of the Financial request to transfer his or her account in B. Self-Regulatory Organization’s Industry Regulatory Authority connection with the change in Statement on Burden on Competition (‘‘FINRA’’). The Exchange will employment of the customer’s registered The Exchange does not believe that implement the proposed rule change representative, provided that the the proposed rule change will result in thirty days after the date of the filing. account is not subject to any lien for any burden on competition that is not The text of the proposed rule change is monies owed by the customer or other necessary or appropriate in furtherance available at http:// bona fide claim. NASDAQ IM 2110–7 of the purposes of the Act, as amended. nasdaqomx.cchwallstreet.com, on the formerly corresponded to NASD IM– C. Self-Regulatory Organization’s Commission’s Web site at http:// 2110–7. Statement on Comments on the www.sec.gov, at the Exchange’s 4 In SR–FINRA–2008–052, FINRA Proposed Rule Change Received from principal office, and at the renumbered NASD IM–2110–7 as Members, Participants or Others Commission’s Public Reference Room. FINRA Rule 2140 in the Consolidated FINRA Rulebook with only minor Written comments were neither II. Self-Regulatory Organization’s solicited nor received. Statement of the Purpose of, and changes. Specifically, IM–2110–7 was Statutory Basis for, the Proposed Rule re-codified, with conforming revisions III. Date of Effectiveness of the Change to establish it as a stand-alone FINRA Proposed Rule Change and Timing for rule rather than as interpretive material Commission Action In its filing with the Commission, the to NASD Rule 2110 (Standards of Because the foregoing proposed rule Exchange included statements Commercial Honor and Principles of concerning the purpose of and basis for change does not: (i) Significantly affect Trade). the protection of investors or the public the proposed rule change and discussed NASDAQ is proposing to re-number interest; (ii) impose any significant any comments it received on the IM 2110–7 as NASDAQ Rule 2140 and burden on competition; and (iii) become proposed rule change. The text of these to make conforming changes to the text operative for 30 days from the date on statements may be examined at the of IM 2110–7 that mirror the changes which it was filed, or such shorter time places specified in Item IV below. The made by FINRA. To accommodate new as the Commission may designate, it has Exchange has prepared summaries, set rule 2140, NASDAQ proposes to re- forth in Sections A, B, and C below, of become effective pursuant to Section number existing Rule 2140 (Restrictions 19(b)(3)(A) of the Act 7 and Rule 19b– the most significant aspects of such on Affiliation) as NASDAQ Rule 2160, statements. 4(f)(6) thereunder.8 without modifying the rule text itself. At any time within 60 days of the A. Self-Regulatory Organization’s This will ensure that the NASDAQ Rule filing of the proposed rule change, the Statement of the Purpose of, and 2140 remains consistent with FINRA Commission may summarily abrogate Statutory Basis for, the Proposed Rule Rule 2140 for regulatory purposes and such rule change if it appears to the Change administrative ease. The proposal will Commission that such action is have no substantive impact on 1. Purpose necessary or appropriate in the public NASDAQ members. interest, for the protection of investors, Many of NASDAQ’s rules are based 2. Statutory Basis or otherwise in furtherance of the on rules of FINRA (formerly the purposes of the Act. National Association of Securities The Exchange believes that the Dealers (‘‘NASD’’)). During 2008, FINRA proposed rule change is consistent with IV. Solicitation of Comments embarked on an extended process of the provisions of Section 6 of the Act,5 Interested persons are invited to moving rules formerly designated as in general, and with Sections 6(b)(5) of submit written data, views, and ‘‘NASD Rules’’ into a consolidated the Act,6 in particular, in that the arguments concerning the foregoing, FINRA rulebook. In most cases, FINRA proposal is designed to prevent including whether the proposed rule has renumbered these rules, and in fraudulent and manipulative acts and change is consistent with the Act. some cases has substantively amended practices, to promote just and equitable Comments may be submitted by any of them. Accordingly, NASDAQ also has principles of trade, to foster cooperation the following methods: initiated a process of modifying its and coordination with persons engaged rulebook to ensure that NASDAQ rules in regulating, clearing, settling, Electronic Comments corresponding to FINRA/NASD rules • Use the Commission’s Internet continue to mirror them as closely as 4 Securities Exchange Act Release No. 59495 comment form (http://www.sec.gov/ practicable. In some cases, it is not (March 3, 2009), 74 FR 10632 (March 11, 2009) rules/sro.shtml); or possible for the rule numbers of (approving SR–FINRA–2008–052); Securities • Send an e-mail to rule- Exchange Act Release No. 59495A (March 18, NASDAQ rules to mirror corresponding 2009), 74 FR 12417 (March 24, 2009) (amended [email protected]. Please include File FINRA rules, because existing or approval). 5 15 U.S.C. 78f. 7 15 U.S.C. 78s(b)(3)(A). 3 17 CFR 240.19b–4(f)(6). 6 15 U.S.C. 78f(b)(5). 8 17 CFR 240.19b–4(f)(6).

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Number SR–NASDAQ–2009–110 on the SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s subject line. COMMISSION Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Paper Comments [Release No. 34–61223; File No. SR– Change NYSEAmex–2009–86] • Send paper comments in triplicate 1. Purpose to Elizabeth M. Murphy, Secretary, Self-Regulatory Organizations; NYSE Recently, the U.S. Securities and Securities and Exchange Commission, Amex LLC; Notice of Filing of Exchange Commission (‘‘SEC’’ or 100 F Street, NE., Washington, DC Proposed Rule Change Amending ‘‘Commission’’) authorized the 20549–1090. Commentary .10 to Rule 915 and Exchange to list and trade options on Commentary .11 to Rule 916 4 All submissions should refer to File the SPDR Gold Trust (‘‘GLD’’) and on the iShares COMEX Gold Trust (‘‘IAU’’) Number SR–NASDAQ–2009–110. This December 22, 2009. and the iShares Silver Trust (‘‘SLV’’).5 file number should be included on the Pursuant to Section 19(b)(1) 1 of the subject line if e-mail is used. To help the Now, the Exchange proposes to list and Securities Exchange Act of 1934 (the trade options on the ETFS Silver Trust Commission process and review your ‘‘Act’’) 2 and Rule 19b-4 thereunder,3 (‘‘SIVR’’) and the ETFS Gold Trust comments more efficiently, please use notice is hereby given that, on December (‘‘SGOL’’). only one method. The Commission will 4, 2009, NYSE Amex LLC (‘‘NYSE Currently, Amex Rule 915 deems post all comments on the Commission’s Amex’’ or the ‘‘Exchange’’) filed with appropriate for options trading Internet Web site (http://www.sec.gov/ the Securities and Exchange Exchange-Traded Fund Shares (‘‘ETFs’’ rules/sro.shtml). Copies of the Commission (the ‘‘Commission’’) the or ‘‘Fund Shares’’) that are traded on a submission, all subsequent proposed rule change as described in national securities exchange and are amendments, all written statements Items I, II, and III below, which Items defined as an ‘‘NMS stock’’ in Rule 600 with respect to the proposed rule have been prepared by the self- of Regulation NMS and that represent (i) change that are filed with the regulatory organization. The interests in registered investment Commission, and all written Commission is publishing this notice to companies (or series thereof) organized communications relating to the solicit comments on the proposed rule as open-end management investment proposed rule change between the change from interested persons. companies, unit investment trusts or similar entities that hold portfolios of Commission and any person, other than I. Self-Regulatory Organization’s securities and/or financial instruments those that may be withheld from the Statement of the Terms of Substance of including, but not limited to, stock public in accordance with the the Proposed Rule Change provisions of 5 U.S.C. 552, will be index futures contracts, options on The Exchange proposes to amend available for inspection and copying in futures, options on securities and Commentary .10 to Rule 915 and indexes, equity caps, collars and floors, the Commission’s Public Reference Commentary .11 to Rule 916 for the swap agreements, forward contracts, Room, 100 F Street, NE., Washington, purpose of listing and trading options repurchase agreements and reverse DC 20549, on official business days on the shares of the ETFS Silver Trust purchase agreements (the ‘‘Financial between the hours of 10 a.m. and 3 p.m. and the ETFS Gold Trust. The text of the Instruments’’), and money market Copies of such filing also will be proposed rule change is available on instruments, including, but not limited available for inspection and copying at NYSE Amex’s Web site at to, U.S. government securities and the principal office of the Exchange. All www.nyse.com, on the Commission’s repurchase agreements (the ‘‘Money comments received will be posted Web site at http://www.sec.gov, at NYSE Market Instruments’’) comprising or without change; the Commission does Amex, and at the Commission’s Public otherwise based on or representing not edit personal identifying Reference Room. A copy of this filing is investments in indexes or portfolios of information from submissions. You available on the Exchange’s Web site at securities and/or Financial Instruments should submit only information that www.nyse.com, at the Exchange’s and Money Market Instruments (or that you wish to make publicly available. All principal office and at the Commission’s hold securities in one or more other submissions should refer to File Public Reference Room. registered investment companies that Number SR–NASDAQ–2009–110 and themselves hold such portfolios of II. Self-Regulatory Organization’s securities and/or Financial Instruments should be submitted on or before Statement of the Purpose of, and January 20, 2010. and Money Market Instruments); or (ii) Statutory Basis for, the Proposed Rule interests in a trust or similar entity that For the Commission, by the Division of Change holds a specified non-U.S. currency Trading and Markets, pursuant to delegated In its filing with the Commission, the deposited with the trust or similar entity 9 authority. self-regulatory organization included when aggregated in some specified Florence E. Harmon, statements concerning the purpose of, minimum number may be surrendered Deputy Secretary. and basis for, the proposed rule change to the trust by the beneficial owner to [FR Doc. E9–30914 Filed 12–29–09; 8:45 am] and discussed any comments it received receive the specified non-U.S. currency BILLING CODE 8011–01–P on the proposed rule change. The text and pays the beneficial owner interest of those statements may be examined at and other distributions on deposited the places specified in Item IV below. non-U.S. currency, if any, declared and The Exchange has prepared summaries, paid by the trust; or (iii) commodity set forth in sections A, B, and C below, pool interests principally engaged, of the most significant parts of such statements. 4 See Securities Exchange Act Release No. 57894 (May 30, 2008), 73 FR 32061 (June 5, 2008) (order approving SR–Amex–2008–15). 1 15 U.S.C. 78s(b)(1). 5 See Securities Exchange Act Release No. 59055 2 15 U.S.C. 78a. (December 4, 2008), 73 FR 238 (December 10, 2008) 9 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. (order approving SR–Amex–2008–68).

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directly or indirectly, in holding and/or to deliver the investment assets as soon information from the New York managing portfolios or baskets of as possible and such undertaking is Mercantile Exchange, Inc. (‘‘NYMEX’’), securities, commodity futures contracts, secured by the delivery and pursuant to a comprehensive options on commodity futures contracts, maintenance of collateral consisting of surveillance sharing agreement, related swaps, forward contracts and/or options cash or cash equivalents satisfactory to to any financial instrument that is on physical commodities and/or non- the issuer, as provided in the respective based, in whole or in part, upon an U.S. currency (‘‘Commodity Pool prospectus. interest in or performance of silver or Units’’), or (iv) represents an interest in This proposal is intended to provide gold. Prior to listing and trading options a registered investment company appropriate standards for the listing and on SIVR or SGOL, the Exchange (‘‘Investment Company’’) organized as trading of options on SIVR and SGOL. represents that it will either have the an open-end management investment The proposed revision to Commentary ability to obtain specific trading company or similar entity, that invests .11 to Rule 916 specifically provides information via ISG or through a in a portfolio of securities selected by that shares of SIVR and SGOL be comprehensive surveillance sharing the Investment Company’s investment deemed ‘‘Exchange-Traded Fund agreement with the marketplace or adviser consistent with the Investment Shares’’ for purposes of Commentary .07 marketplaces with last sale reporting Company’s investment objectives and to Rule 916. Under the applicable that represent(s) the highest volume in policies, which is issued in a specified continued listing criteria in derivatives (options or futures) on the aggregate minimum number in return Commentary .07 to Amex Rule 916, the underlying gold or silver. for a deposit of a specified portfolio of Exchange will consider the suspension securities and/or a cash amount with a of opening transactions in SIVR or 2. Statutory Basis value equal to the next determined net SGOL in any of the following The proposed rule change is asset value (‘‘NAV’’), and when circumstances: (1) Following the initial consistent with Section 6(b) 9 of the aggregated in the same specified twelve-month period beginning upon Securities Exchange Act of 1934 (the minimum number, may be redeemed at the commencement of trading of SIVR ‘‘Act’’) in general, and furthers the a holder’s request, which holder will be or SGOL, there are fewer than 50 record objectives of Section 6(b)(5) 10 in paid a specified portfolio of securities and/or beneficial holders of SIVR or particular in that it is designed to and/or cash with a value equal to the SGOL for 30 or more consecutive prevent fraudulent and manipulative next determined NAV (‘‘Managed Fund trading days; (2) the value of the acts and practices, to promote just and 6 Share’’’’). In addition, pursuant to underlying silver or underlying gold is equitable principles of trade, to foster Commentary .10 to Rule 915 the no longer calculated or available; or (3) cooperation and coordination with Exchange may also list options based on such other event occurs or condition persons engaged in facilitating shares of GLD, IAU, and SLV. This exists that in the opinion of the transactions in securities, and to remove proposed rule change seeks to expand Exchange makes further dealing on the impediments to and perfect the the current exception set forth in Exchange inadvisable. In addition, SIVR mechanisms of a free and open market shall not be deemed to meet the Commentary .10 to Rule 915 for and a national market system. Exchange-Traded Fund Shares that may requirements for continued approval, be approved for options trading on the and the Exchange shall not open for B. Self-Regulatory Organization’s Exchange to include SIVR and SGOL. trading any additional series of option Statement on Burden on Competition Apart from allowing SIVR and SGOL contracts of the class covering SIVR or to be underlyings for options traded on SGOL, respectively, if SIVR or SGOL The Exchange does not believe that the Exchange as described above, the ceases to be an ‘‘NMS Stock’’ as the proposed rule change will impose listing standards for Exchange-Traded provided for in Commentary .07(2) to any burden on competition that is not Fund Shares will remain unchanged Rule 916 or SIVR or SGOL is halted necessary or appropriate in furtherance from those that apply under current from trading on the primary listing of the purposes of the Act. Exchange rules. Exchange-Traded Fund market, or if SIVR or SGOL is delisted. C. Self-Regulatory Organization’s Shares on which options may be listed The Exchange represents that the Statement on Comments on the and traded must still be listed and listing and trading of SIVR options or Proposed Rule Change Received From traded on a national securities exchange SGOL options under NYSE Amex rules Members, Participants or Others and must satisfy the other listing will not have any effect on the rules standards set forth in Commentary .06 pertaining to position and exercise No written comments were solicited to Rule 915. Specifically, in addition to limits 7 or margin.8 or received with respect to the proposed satisfying the listing requirements set The Exchange represents that it has an rule change. forth above, Exchange-Traded Fund adequate surveillance program in place III. Date of Effectiveness of the Shares must meet either (1) the criteria for options on SIVR and SGOL. The Proposed Rule Change and Timing for and guidelines under Commentary .01 Exchange may obtain trading Commission Action to Rule 915; or (2) be available for information via the Intermarket creation or redemption each business Surveillance Group (‘‘ISG’’) from other Within 35 days of the date of day from or through the issuer in cash exchanges who are members or affiliates publication of this notice in the Federal or in kind at a price related to net asset of the ISG. The Exchange may also Register or within such longer period (i) value, and the issuer must be obligated obtain trading information from various as the Commission may designate up to to issue Exchange-Traded Fund Shares commodity futures exchanges 90 days of such date if it finds such in a specified aggregate number even if worldwide that have entered into longer period to be appropriate and some or all of the investment assets comprehensive surveillance sharing publishes its reasons for so finding or required to be deposited have not been agreements with the Exchange. In (ii) as to which the self-regulatory received by the issuer, subject to the connection with SIVR and SGOL, the organization consents, the Commission condition that the person obligated to Exchange represents that it may obtain will: deposit the investments has undertaken 7 See NYSE Amex Rules 904 and 905. 9 15 U.S.C. 78f(b). 6 See Commentary .06 to Rule 915. 8 See NYSE Amex Rule 462. 10 15 U.S.C. 78f(b)(5).

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(A) by order approve the proposed For the Commission, by the Division of on the proposed rule change. The text rule change, or Trading and Markets, pursuant to delegated of those statements may be examined at (B) institute proceedings to determine authority.11 the places specified in Item IV below. whether the proposed rule change Florence E. Harmon, The Exchange has prepared summaries, should be disapproved. Deputy Secretary. set forth in sections A, B, and C below, IV. Solicitation of Comments [FR Doc. E9–30916 Filed 12–29–09; 8:45 am] of the most significant parts of such BILLING CODE 8011–01–P statements. Interested persons are invited to submit written data, views, and A. Self-Regulatory Organization’s Statement of the Purpose of, and arguments concerning the foregoing, SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule including whether the proposed rule COMMISSION change is consistent with the Act. Change [Release No. 34–61230; File No. SR–NYSE– Comments may be submitted by any of 1. Purpose the following methods: 2009–124] The Exchange proposes to amend Electronic Comments Self-Regulatory Organizations; New Section 703.22 of the Manual, the • Use the Commission’s Internet York Stock Exchange LLC; Notice of Exchange’s listing standard for Equity comment form (http://www.sec.gov/ Filing and Order Granting Accelerated Index-Linked Securities, Commodity- rules/sro.shtml); or Approval of a Proposed Rule Change Linked Securities and Currency-Linked • Send an e-mail to rule- Proposing To Amend Section 703.22 of Securities pursuant to Rule 19b–4 3 [email protected]. Please include File the Listed Company Manual under the Securities and Exchange Act of 1934 (the ‘‘Act’’). The Exchange is Number SR–NYSEAmex–2009–86 on December 23, 2009. the subject line. proposing to amend the current generic Pursuant to Section 19(b)(1) of the listing standards under Section 703.22 Paper Comments Securities Exchange Act of 1934 and with respect to products that are 1 2 • Send paper comments in triplicate (‘‘Act’’) and Rule 19b–4 thereunder, listed pursuant to the amended to Elizabeth M. Murphy, Secretary, notice is hereby given that on December standards, the Exchange will within five Securities and Exchange Commission, 14, 2009, New York Stock Exchange (5) business days after the 100 F Street, NE., Washington, DC LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed commencement of trading of an Equity 20549–1090. with the Securities and Exchange Index-Linked Securities, Commodity- Commission (‘‘Commission’’) the All submissions should refer to File Linked Securities and Currency-Linked proposed rule change as described in Number SR–NYSEAmex–2009–86. This Securities (collectively ‘‘Index-Linked Items I and II below, which Items have file number should be included on the Securities’’) pursuant to Section 703.22 been prepared by NYSE. The subject line if e-mail is used. To help the of the Manual, file a Form 19b–4(e).4 Commission is publishing this notice to Commission process and review your The Exchange’s proposal will conform solicit comments on the proposed rule comments more efficiently, please use Section 703.22 to the current listing change from interested persons and is only one method. The Commission will standards for Index-Linked Securities approving the proposed rule change on post all comments on the Commission’s on NYSE Arca, Inc. (‘‘NYSE Arca’’).5 an accelerated basis. Internet Web site (http://www.sec.gov/ Specifically, the proposal will amend rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s the relevant provisions of Section submission, all subsequent Statement of the Terms of Substance of 703.22 so that such provisions mimic amendments, all written statements the Proposed Rule Change the relevant standards in NYSE Arca Equities Rule 5.2(j)(6). with respect to the proposed rule NYSE proposes to amend Section change that are filed with the The Exchange proposes to renumber 703.22 of the Exchange’s Listed current subsections (C) through (F) of Commission, and all written Company Manual (the ‘‘Manual’’), the communications relating to the Section 703.22 as a result of the listing standard for Equity Index-Linked proposed changes. Unless otherwise proposed rule change between the Securities, Commodity-Linked Commission and any person, other than indicated, references to rules being Securities and Currency-Linked amended reflect such renumbering. those that may be withheld from the Securities. The text of the Proposed public in accordance with the Rule Change is attached as Exhibit 5. General Issuer Listing Standards provisions of 5 U.S.C. 552, will be The text of the proposed rule change is available for inspection and copying in Consistent with the last sentence of available on the Exchange’s Web site at NYSE Arca Equities Rule 5.2(j)(6)(A)(e), the Commission’s Public Reference http://www.nyse.com, at the Exchange’s Room, 100 F Street, NE., Washington, the Exchange proposes to amend the principal office and at the Commission’s issuer listing standard to allow for DC 20549, on official business days Public Reference Room. between the hours of 10 a.m. and 3 p.m. Index-Linked Securities to be issued by Copies of the filing also will be available II. Self-Regulatory Organization’s supranational entities, and proposes Statement of the Purpose of, and that such issuers will be evaluated on a for inspection and copying at the 6 principal office of the Exchange. All Statutory Basis for, the Proposed Rule case-by-case basis. Specifically Section comments received will be posted Change 703.22(A)(1) will be amended to read as follows: without change; the Commission does In its filing with the Commission, the not edit personal identifying self-regulatory organization included If the issuer is a New York Stock Exchange- listed company, the entity must be a information from submissions. You statements concerning the purpose of, should submit only information that and basis for, the proposed rule change you wish to make available publicly. All 3 17 CFR 240.19b–4(e). and discussed any comments it received 4 submissions should refer to File 17 CFR 240.19b–4(e)(2)(ii); 17 CFR 249.820. 5 See NYSE Arca Equities Rule 5.2(j)(6). Number SR–NYSEAmex–2009–86 and 11 17 CFR 200.30–3(a)(12). 6 See Securities and Exchange Release No. 56637 should be submitted on or before 1 15 U.S.C. 78s(b)(1). (October 10, 2007), 72 FR 58704 (October 16, 2007) January 20, 2010. 2 17 CFR 240.19b–4. (SR–NYSEArca–2007–92).

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company in good standing (i.e., meets performance of an underlying Reference redemption is based on an index or indexes Continued Listing Criteria); if an affiliate of Asset. of equity securities, securities of closed-end an NYSE-listed company, the NYSE-listed management investment companies company must be a company in good Equity Index-Linked Securities registered under the Investment Company standing; if not listed, the issuer must meet Equity Index-Linked Securities are Act of 1940 (the ‘‘1940 Act’’) and/or the size and earnings requirements of linked to the performance of an investment company units. The issue must Sections 102.01–102.03 or Sections 103.01– underlying index or indexes of equity meet the following initial listing criteria: 103.05. (Sovereign issuers and supranational entities will be evaluated on a case-by-case securities. The Exchange proposes to Further, Section basis.) add the following paragraph to the 703.22(C)(I)(1)(b)(vii)(A) for continued beginning of Section 703.22: listing will be renumbered to Section Limitation on Leverage The payment at maturity with respect to 703.22(C)(I)(1)(b)(v)(A) and, consistent with NYSE Arca Rule Currently, Section 703.22(B)(6) Equity Index-Linked Securities, Commodity- 5.2(j)(6)(B)(I)(1)(v)(A) will be amended provides that the payment at maturity Linked Securities and Currency-Linked Securities is based on the performance of: as follows: may not be based on a multiple of the negative performance of an underlying The Exchange proposes to clarify Securities (other than foreign country index or indexes, Commodity Reference Section 703.22 by designating that an securities and American Depository Receipts Asset or Currency Reference Asset, as underlying index or indexes of equity (‘‘ADRs’’) that are (i) issued by a 1934 Act the case may be, although the payment securities will be referred to as an reporting company or by an investment company registered under the 1940 Act, at maturity may or may not provide for Equity Reference Asset. Section 703.22(i) will define an Equity which in each case is listed on a national a multiple of the positive performance securities exchange and (ii) an ‘‘NMS stock’’ of an underlying index or indexes, Reference Asset as: (as defined in Rule 600 of SEC Regulation Commodity Reference Asset or Currency In the case of Equity Index-Linked NMS); or Reference Asset, as the case may be. Securities, an underlying index or indexes of equity securities (an ‘‘Equity Reference Index Weighing Criteria and Notional Consistent with NYSE Arca Equities Asset’’), or Volume Rule 5.2(j)(6)(A)(d), the Exchange proposes to amend Section 703.22(B)(6) The Exchange proposed to amend the Consistent with NYSE Arca Equities to allow the Exchange to consider for initial and continued listing standards Rules 5.2(j)(6)(B)(I)(1)(b)(ii) and listing and trading Index-Linked for Equity Index-Linked Securities. 5.2(j)(6)(B)(I)(2)(a)(ii), the Exchange Securities that provide that in no event Accordingly, the Exchange proposes to proposes to conform the equity index will a loss or negative payment at add new Section 703.22(C). The relevant weighting requirements and adopt maturity be accelerated by a multiple subsections of current Section 703.22(B) criteria based upon the notional volume that exceeds three times the will be renumbered and amended as traded per month to both the listing performance of an underlying Reference Section 703.22 (C) as discussed below. standards and continued listing standards for Equity Index-Linked Asset.7 Specifically, Section 1940 Act Securities 703.22(B)(6) will be amended to read as Securities. Currently, component securities in follows: Currently for initial listing, Section the underlying equity index for Equity 703.22(C)(I)(1)(b)(ii) provides that each The payment at maturity may or may not Index-Linked Securities must be either: component security of an equity index provide for a multiple of the direct or inverse (1) Securities that are (a) issued by a shall have trading volume in each of the performance of an underlying Reference reporting company under the Act that is last six months of not less than Asset; however, in no event will a loss or listed on a national securities exchange negative payment at maturity be accelerated 1,000,000 shares per month, except that by a multiple that exceeds three times the and (b) an ‘‘NMS stock,’’ as defined in for each of the lowest weighted 10 performance of an underlying Reference Rule 600 of Regulation NMS; or (2) component securities in the index that Asset. foreign country securities or American in the aggregate account for no more Depository Shares, subject to than 10% of the weight of the index, the In connection with Index-Linked limitations. trading volume will be at least 500,000 Securities that seek to provide a loss or Consistent with NYSE Arca Equities shares per month in each of the last six payment at maturity that will be Rule 5.2(j)(6)(B)(I)(1), the Exchange months. accelerated by an inverse multiple that proposes to amend Section The Exchange is proposing to delete exceeds three times the performance of 703.22(C)(I)(1) to permit the listing and the current requirement and adopt an underlying Reference Asset, the trading of Equity Index-Linked criteria that looks to a minimum global Exchange’s proposal would continue to Securities where the underlying index notional volume (‘‘Global Notional require specific Commission approval consists in whole or in part of closed- 12 8 Volume’’) traded per month averaged pursuant to Section 19(b)(2) of the Act. end fund securities or exchange-traded over the last six months.13 Proposed In particular, Section 703.22 would fund (ETF) securities, which, in each Section 703.22(C)(I)(1)(b)(ii) will be expressly prohibit Index-Linked case, are registered under the 1940 Act amended as follows: Securities that seek to provide such and are listed on national securities results from being approved by the exchanges.11 Accordingly, Section Component stocks that in the aggregate Exchange for listing and trading account for at least 90% of the weight of the 703.22(C)(I)(1) for initial listing will be index each shall have a minimum global pursuant to Rule 19b–4(e) under the amended as follows: monthly trading volume of 1,000,000 shares, 9 Act. Fees and expenses are excluded The Exchange will consider listing Equity or minimum Global Notional Volume traded for the purposes of determining whether Index-Linked Securities that meet the per month of $25,000,000, averaged over the such results exceed three times the requirements of this subparagraph (C)(I), last six months. where the payment at maturity or earlier 7 See Securities and Exchange Release No. 59332 12 Global Notional Volume is defined as the total (January 30, 2009), 74 FR 6338 (February 6, 2009) 10 See 17 CFR 242.600(b)(47). shares traded globally times the price per share. (SR–NYSEArca–2008–136). 11 See Securities and Exchange Release No. 56879 13 See Securities and Exchange Release No. 58376 8 15 U.S.C. 78s(b)(2). (December 3, 2007), 72 FR 69271 (December 7, (August 18, 2008), 73 FR 49726 (August 22, 2008) 9 17 CFR 240.19b–4(e). 2007) (SR–NYSEArca–2007–110). (SR–NYSEArca–2008–70).

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With respect to the continued listing the time the index is rebalanced. monthly trading volume of at least criteria, Section 703.22(B)(I)(2)(a)(iii) Specifically, the newly renumbered 1,000,000 shares over the previous six currently sets forth that the trading Section 703.22(C)(I)(2)(a)(i) will be months. volume of each component security in amended as follows: Consistent with the NYSE Arca Rule, the index must be at least 500,000 The criteria that no single component the Exchange proposes that shares for each of the last six months, represent more than 25% of the dollar weight capitalization-weighted index or except that for each of the lowest of the index and the five highest dollar modified capitalization weighted weighted components in the index that weighted components in the index can not indexes comply with the initial and in the aggregate account for no more represent more than 50% (or 60% for indexes continued listing requirements currently than 10% of the dollar weight of the with less than 25 components) of the dollar applicable to all other equity indexes weight of the index, need only be satisfied at under Section 703.22(C)(I) regardless of index, trading volume must be at least the time the Index is rebalanced; and 400,000 shares for each of the last six the index methodology. Consistent with NYSE Arca Equities months. Index Standardized Option Criteria The Exchange is proposing to delete Rule 5.6(j)(6)(B)(I)(2)(d), the Exchange the current requirement and adopt proposes to relocate and amend Section Consistent with NYSE Arca Equities criteria that looks to minimum Global 703.22(C)(I)(1)(b)(iii) from the initial Rule 5.2(j)(6)(B)(I)(1)(b)(iv) as well as Notional Volume traded per month listing standards to the continued listing the criteria applied by options averaged over the last six months. standards to new paragraph Section exchanges to securities underlying 16 Proposed Section 703.22(C)(I)(2)(a)(iii) 703.22(C)(I)(2)(d), which currently exchange-traded options, the will be renumbered to Section requires that equity indexes based upon Exchange also proposes to amend 703.22(C)(I)(2)(a)(ii) and will be the equal-dollar, or modified equal- current Equity Index-Linked Securities amended as follows: dollar weighting method be rebalanced Section 703.22(C)(I)(1)(b)(vi) to at least semiannually. Instead, the incorporate a limited exception to the Component stocks that in the aggregate Exchange proposes that an index be requirement that 90% of the index’s account for at least 90% of the weight of the numerical value and at least 80% of the index each shall have a minimum global rebalanced at least annually. monthly trading volume of 500,000 shares, or Specifically, new paragraph Section total number of component securities minimum Global Notional Volume traded per 703.22(C)(I)(1)(b)(iii) will be relocated underlying and Equity Reference Asset, month of $12,500,000, averaged over the last and amended as follows: as defined above, must meet the then six months. Index Rebalancing—Indexes will be current criteria for standardized options With respect to both the initial and rebalanced at least annually. trading on a national securities continued listing standards, the Capitalization Weighted Index exchange. The Exchange proposes that Exchange believes that considering the Methodologies an underlying index would not be weighting of the bottom 10% subject to such requirement if (1) no Consistent with NYSE Arca Equities underlying component security component securities is insignificant for Rule 5.2(j)(6)(B)(I), the Exchange determining the liquidity of the index. represents more than 10% of the dollar proposes to (1) eliminate initial and weight of such index and (ii) such index Rather, the Exchange proposes that continued listing capitalization focusing on 90% of the top weighed has a minimum of 20 component weighted and modified capitalization 17 index component securities is a better securities. Specifically, Section weighted index requirements for Equity 703.22(C)(I)(1)(b)(vi) for initial listing indication as to whether the index or Index-Linked Securities.15 Specifically, indexes has sufficient liquidity for will be renumbered to Section the Exchange proposes to eliminate 703.22(C)(I)(1)(b)(iv) and will be listing and trading of the related Equity Section 703.22(C))(I)(1)(b)(iv)[sic], the Index-Linked Security. amended as follows: current initial listing requirement, that 90% of the index’s numerical value and at Index Rebalancing in the case of a capitalization weighted least 80% of the total number of component index or modified capitalization securities will meet the then current criteria Consistent with NYSE Arca Equities weighted index, the lesser of the five for standardized options trading on a Rule 5.2(j)(6)(B)(I)(2)(a)(i), the Exchange highest dollar weighted component national securities exchange; an index will proposes to (i) conform equity index securities in the index or the highest not be subject to this requirement if (a) no rebalancing criteria, and (ii) amend the underlying component security represents dollar weighted component securities in quarterly index rebalancing requirement more than 10% of the dollar weight of the the index that in the aggregate represent for equal-dollar or modified equal-dollar index and (b) the index has a minimum of at least 30% of the total number of weighed indexes and relocate the 20 components; and component securities in the index, must requirement for initial listing standards have an average monthly trading Comprehensive Surveillance Sharing to the continued listing standards for Agreements 14 volume of at least 2,000,000 shares over Equity Index-Linked Securities. Currently, the Exchange’s listing For Equity Index-Linked Securities, the previous six months. The Exchange standards for Equity Index-Linked the Exchange proposes to remove, from also proposes to eliminate Section Securities limit the permissible the current Section 703.22(B)(I)(2)(a)(i), 703.22(C)(I)(2)(a)(iv), the current aggregate weight of underlying foreign the requirement that only capitalization continued listing requirement, that in country securities to 20% of the overall weighted, modified capitalization the case of a capitalization-weighted index where the primary trading weighted and price weighted indexes be index or modified capitalization markets of the foreign country securities reviewed as of the first day of January weighted index, the lesser of the five or American Depository Receipts and July in each year. Instead, the highest dollar weighted component (‘‘ADRs’’) are not members of the Exchange proposed that Section securities in the index or the highest 703.22(B)(I)(2)(a)(i) will require all dollar weighted component securities in 16 See, e.g., Rule 5.3 of NYSE Arca, Inc.; Rule Indexes to be subject to the standard at the index that in the aggregate represent at least 30% of the total number of 1009 of the Philadelphia Stock Exchange, Inc.; Rule 5.3 of the Chicago Board Options Exchange, 14 See Securities and Exchange Release No. 57634 stocks in the index have an average Incorporated: and Rule 502 of the International (April 8, 2008), 73 FR 20081 (April 14, 2008) (SR– Securities Exchange, LLC. NYSEArca–2008–35). 15 See Footnote 13. 17 See Footnote 11.

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Intermarket Surveillance Group (‘‘ISG’’) Specifically, Sections 703.22(C)(I)(2)(a), securities. The proposed amendment or are not otherwise parties to (b) and (c) will be amended as follows: provides that the Exchange will comprehensive surveillance sharing (a) The Exchange will commence delisting commence delisting proceedings if the agreements (‘‘CSSA’’) with the or removal proceedings (unless the underlying index value or values are no Exchange. Consistent with NYSE Arca Commission has approved the continued longer calculated or widely Equities Rule 5.2(j)(6)(B)(I)(b)(1)(v)(B) as trading of the subject Index-Linked Security), disseminated on at least a 15-second well as NYSE Arca Options Rule if any of the initial listing criteria described basis with respect to an index or 5.3(g)(2)(A), the Exchange proposes to in paragraphs (1)(a) and (1)(b)(2) above are indexes containing only securities listed amend Section 703.22(C)(I)(1)(b)(vii)(B) not continuously maintained, except that: on a national securities exchange, or at to increase the permissible aggregate (b) In connection with an Equity Index- least a 60-second basis with respect to weight of underlying foreign country Linked Security that is listed pursuant to an index or indexes containing foreign Section 703.22, the Exchange will commence securities up to 50% of the overall delisting or removal proceedings (unless the country securities. Specifically, Section index. According to the proposal, the Commission has approved the continued 703.22(C)(I)(2)(c)(ii) will be amended as Exchange will permit the listing and trading of the subject Index-Linked Security) follows: trading of Equity Index-Linked if an underlying index or indexes fails to If the value of the index or composite value Securities where the underlying foreign satisfy the maintenance standards or of the indexes, if applicable, is no longer country securities or ADRs, which trade conditions for such index or indexes as set calculated or widely disseminated on at least on foreign markets that are not ISG forth by the Commission in its order under a 15-second basis with respect to indexes members or are not otherwise subject to Section 19(b)(2) of the 1934 Act approving containing only securities listed on a national a CSSA agreement with the Exchange, the index or indexes for the trading of securities exchange, or on at least a 60- account for up to 50% of the aggregate options or other derivatives. second basis with respect to indexes (c) The Exchange will also commence containing foreign country securities, dollar weight of the index, so long as: delisting or removal proceedings (unless the provided, however, that, if the official index (i) the securities of any one primary Commission has approved the continued value does not change during some or all of foreign market which is not an ISG trading of the subject Index-Linked Security), the period when trading is occurring on the member or does not have a CSSA with under any of the following circumstances: Exchange (for example, for indexes of foreign the Exchange do not represent more country securities, because of time zone 1 than 20% of the dollar weight of the Index Rebalancing After 33 ⁄3 Change to differences or holidays in the countries index, and (ii) the securities of any two Underlying Components and Greater where such indexes’ component stocks trade) primary foreign markets which are not Than Ten Components Requirement then the last calculated official index value must remain available throughout the ISG members or do not have a CSSA Consistent with NYSE Arca Equities Exchange’s trading hours; or with the Exchange do not represent Rules, the Exchange proposes to delete more than 33% of the dollar weight of Section 703.22(B)(I)(2)(a)(ii), the 2. Statutory Basis the index. Specifically, Section continued listing requirement for Equity The Exchange believes that the 703.22(C)(I)(1)(b)(vii)(B) will be Index-Linked Securities that prohibit an proposed rule change is consistent with renumbered to Section index from increasing or decreasing by Section 6(b) 21 of the Securities 703.22(C)(I)(1)(b)(v)(B) and will be 331⁄3% the number of index components Exchange Act of 1934 (the ‘‘Act’’),22 in amended as follows: initially listed and also prohibit an general, and furthers the objectives of Foreign country securities or ADRs, index from having less than 10 Section 6(b)(5) 23 of the Act in particular provided that foreign country securities or components.19 in that it is designed to promote just and foreign country securities underlying ADRs equitable principles of trade, to foster having their primary trading market outside Index Dissemination Requirements for Foreign Country Securities cooperation and coordination with the United States on foreign trading markets persons engaged in regulating, clearing, that are not members of the Intermarket Section 703.22(C)(I)(2)(c)(ii) provides settling, processing information with Surveillance Group (‘‘ISG’’) or parties to that the Exchange will commence comprehensive surveillance sharing respect to, and facilitating transactions agreements with the Exchange will not in the delisting proceedings of an issue of in securities, to remove impediments to aggregate represent more than 50% of the Equity Index-Linked Securities (unless and perfect the mechanism of a free and dollar weight of the index, provided further the Commission has approved open market and a national market that: continued trading) if the value of the system, and, in general, to protect (i) the securities of any one such market do index or composite value of the indexes investors and the public interest. The not represent more than 20% of the dollar underlying such issue is no longer NYSE’s listing requirements for Index- weight of the index, and calculated or widely disseminated on at Linked Securities as amended by the (ii) the securities of any two such markets least a 15-second basis. Consistent with do not represent more than 33% of the dollar proposed rule change remain at least as weight of the index. NYSE Arca Equities Rules stringent as those of any other national 5.2(j)(6)(B)(I)(2)(c)(ii) and 5.2(j)(3), securities exchange and, consequently, Clarify the Applicability of the Commentary .01(b)(2) 20, the Exchange the proposed amendment is consistent Continued Listing Criteria proposes to amend Section with the protection of investors and the Consistent with NYSE Arca Equities 703.22(C)(I)(2)(c)(ii) to distinguish public interest. Rule 5.2(j)(6)(B)(I)(2)(a), (b) and (c), the between indexes consisting solely of B. Self-Regulatory Organization’s Exchange proposes to clarify (1) that the U.S. equity securities and those Statement on Burden on Competition applicable continued listing criteria consisting of foreign securities or a apply unless the Commission has combination of U.S. and foreign equity The Exchange does not believe that approved continued trading of the the proposed rule change will impose Equity Index-Linked Securities,18 and 19 See Securities and Exchange Release No. 57132 any burden on competition that is not (2) which initial listing criteria will (January 11, 2008), 73 FR 3300 (January 17, 2008) necessary or appropriate in furtherance (SR–NYSEArca–2007–125). of the purposes of the Act. continuously be maintained. 20 The requirements for Investment Company Units were approved by the Commission in 18 See Securities and Exchange Release No. 52204 Securities Exchange Act Release No. 34–55621 21 15 U.S.C. 78f(b). (August 3, 2005), 70 FR 46559 (August 10, 2005) (April 12, 2007), 72 FR 19571 (April 18, 2007) (SR– 22 15 U.S.C. 78a. (SR–PCX–2006–63) [sic]. NYSEArca–2006–86). 23 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s Number SR–NYSE–2009–124 and Commission believes that the NYSE’s Statement on Comments on the should be submitted on or before proposal to amend Section 703.22 of the Proposed Rule Change Received From January 20, 2010. Listed Company Manual is consistent Members, Participants or Others IV. Commission’s Findings and Order with the Act for the reasons contained 27 No written comments were solicited Granting Accelerated Approval of the in the previous approval orders. In or received with respect to the proposed Proposed Rule Change addition, the Commission also believes rule change. that the technical changes to Section After careful consideration, the 703.22 of the Listed Company Manual III. Solicitation of Comments Commission finds that the proposed clarify the format and application of the rule change is consistent with the Interested persons are invited to proposed amendments. In addition, the requirements of the Act and the rules submit written data, views, and Commission believes that the and regulations thereunder applicable to arguments concerning the foregoing, Exchange’s amendment to Section a national securities exchange.24 The including whether the proposed rule 703.22 of the Listed Company Manual change is consistent with the Act. Commission believes that the proposal is consistent with Section 6(b)(5) 25 of relating to the listing and trading of Comments may be submitted by any of Equity Index-Linked Securities should the following methods: the Act in particular in that it is designed to promote just and equitable fulfill the intended objective of Rule Electronic Comments principles of trade, to foster cooperation 19b–4(e) under the Act 28 by allowing such derivative securities products to be • Use the Commission’s Internet and coordination with persons engaged comment form (http://www.sec.gov/ in regulating, clearing, settling, listed and traded without separate rules/sro.shtml); or processing information with respect to, Commission approval. The Commission • Send an e-mail to rule- and facilitating transactions in believes that the proposed rule change [email protected]. Please include File securities, to remove impediments to should facilitate the listing and trading Number SR–NYSE–2009–124 on the and perfect the mechanism of a free and of additional types of Equity Index- subject line. open market and a national market Linked Securities and reduce the system, and, in general, to protect timeframe to bringing these securities to Paper Comments investors and the public interest. market. • Send paper comments in triplicate The Exchange is proposing to amend The Commission also finds good provisions of Section 703.22 of the to Elizabeth M. Murphy, Secretary, cause, pursuant to Section 19(b)(2) of Listed Company Manual to conform Securities and Exchange Commission, the Act,29 for approving the proposed certain provisions with corresponding Station Place, 100 F Street, NE., rule change prior to the 30th day after Washington, DC 20549–1090. provisions in NYSE Arca Equities Rule the date of publication of notice in the All submissions should refer to File 5.2(j)(6). As such, provisions relating to (i) general issuer listing standards; (ii) Federal Register. With this proposal, Number SR–NYSE–2009–124. This file the Exchange is adopting changes that number should be included on the limitation on leverage; (iii) 1940 Act securities and underlying equity have previously been approved by the subject line if e-mail is used. To help the Commission,30 and that will conform Commission process and review your indexes; (iv) index weighing criteria and provisions of Section 703.22 of the comments more efficiently, please use notional volume; (v) index rebalancing; Listed Company Manual to only one method. The Commission will (vi) capitalization weighted index post all comments on the Commission’s methologies; (vii) index standardized corresponding provisions of NYSE Arca Internet Web site (http://www.sec.gov/ option criteria; (viii) aggregate weight of Equities Rule 5.2(j)(6). The Commission rules/sro.shtml). Copies of the underlying foreign country securities does not believe that this proposal raises submission, all subsequent where these are no comprehensive any novel regulatory issues. Therefore, amendments, all written statements surveillance sharing agreements; (ix) the the Commission finds good cause, with respect to the proposed rule applicability of continued listing consistent with Section 19(b)(2) of the 1 change that are filed with the criteria; (x) index rebalancing after 33 ⁄3 Act,31 to approve the proposed rule Commission, and all written change to underlying components, and change on an accelerated basis. communications relating to the (xi) index dissemination requirements proposed rule change between the for foreign country securities will be 2008) (SR–NYSEArca–2008–70) (index weighing Commission and any person, other than amended in a manner consistent with criteria and notional volume; capitalization those that may be withheld from the the corresponding provision in NYSE weighted index methodologies); 57634 (April 8, Arca Equities Rule 5.2(j)(6). The 2008), 73 FR 20081 (April 14, 2008) (SR– public in accordance with the NYSEArca–2008–35) (index rebalancing); 59180 provisions of 5 U.S.C. 552, will be Commission notes that it has previously (December 30, 2008), 74 FR 754 (January 7, 2009) available for inspection and copying in approved these changes as made to (SR–NYSEArca–2008–121) (aggregate weight of 26 the Commission’s Public Reference NYSE Arca Equities Rule 5.2(j)(6). The underlying foreign country securities where there are no comprehensive surveillance sharing Room, 100 F Street, NE., Washington, agreements); 52204 (August 3, 2005), 70 FR 46559 24 In approving this rule change, the Commission (August 10, 2005) (SR–PCX–2005–63) (applicability DC 20549, on official business days notes that it has considered the proposed rule’s of continued listing criteria); 57132 (January 11, between the hours of 10 a.m. and 3 p.m. impact on efficiency, competition, and capital Copies of such filing also will be formation. See 15 U.S.C. 78c(f). 2008), 73 FR 3300 (January 17, 2008) (SR– NYSEArca–2007–125) (index rebalancing after 331⁄3 25 15 U.S.C. 78f(b)(5). available for inspection and copying at change to underlying components and ten- 26 the principal office of NYSE. All See Securities Exchange Act Release Nos. component minimum); and 57389 (February 27, 56637 (October 10, 2007), 72 FR 58704 (October 16, 2008) 73 FR 11973 (March 5, 2008) (SR–NYSEArca– comments received will be posted 2007) (SR–NYSEArca–2007–92) (general issuer without change; the Commission does 2008–06) (index dissemination requirements for listing standards); 59332 (January 30, 2009), 74 FR foreign country securities). 6338 (February 6, 2009) (SR–NYSEArca–2008–136) not edit personal identifying 27 Id. (limitation on leverage); 56879 (December 3, 2007), information from submissions. You 28 72 FR 69271 (December 7, 2007) (SR–NYSEArca– 17 CFR 240.19b–4(e). should submit only information that 2007–110) (1940 Act securities and underlying 29 15 U.S.C. 78s(b)(2). you wish to make publicly available. All equity indexes; index standardized option criteria); 30 See supra note 26. submissions should refer to File 58376 (August 18, 2008), 73 FR 49726 (August 22, 31 15 U.S.C. 78s(b)(2).

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V. Conclusion January 4, 2010. The text of the currently pay $75 each time one of their It is therefore ordered, pursuant to proposed rule change is available on the registered persons participates in the Section 19(b)(2) of the Act,32 that the Exchange’s Web site at http:// Regulatory Element. Following the proposed rule change (SR–NYSE–2009– www.cboe.org/Legal, at the Exchange’s consolidation of NASD’s and NYSE 124) be, and it hereby is, approved on Office of the Secretary, and at the Regulation’s member regulation an accelerated basis. Commission. operations and the creation of FINRA, For the Commission, by the Division of II. Self-Regulatory Organization’s FINRA assumed responsibility for all Trading and Markets, pursuant to delegated Statement of the Purpose of, and aspects of the Program and thereafter authority.33 Statutory Basis for, the Proposed Rule conducted a financial review and Florence E. Harmon, Change evaluation of the program’s budget. Deputy Secretary. In its filing with the Commission, Based on this assessment, FINRA [FR Doc. E9–30948 Filed 12–29–09; 8:45 am] CBOE included statements concerning determined that an increase in the BILLING CODE 8011–01–P the purpose of and basis for the Regulatory Element session fee is proposed rule change and discussed any necessary to cover the full costs comments it received on the proposed associated with the Program, including SECURITIES AND EXCHANGE rule change. The text of these statements costs associated with the redesign of the COMMISSION may be examined at the places specified Regulatory Element.7 [Release No. 34–61232; File No. SR–CBOE– in Item IV below. The CBOE has CBOE’s proposed implementation 2009–094] prepared summaries, set forth in date is January 4, 2010.8 sections A, B, and C below, of the most Self-Regulatory Organizations; significant aspects of such statements. 2. Statutory Basis Chicago Board Options Exchange, Incorporated; Notice of Filing and A. Self-Regulatory Organization’s The proposed rule change is Immediate Effectiveness of Proposed Statement of the Purpose of, and consistent with Section 6(b) of the Rule Change Relating To Increasing Statutory Basis for, the Proposed Rule Securities Exchange Act of 1934 9 the Session Fee for the Regulatory Change (‘‘Act’’) , in general, and furthers the 10 Element of Continuing Education 1. Purpose objectives of Sections 6(b)(4) and Requirements 6(b)(5) 11 of the Act in particular, in that The Regulatory Element, a computer- it is designed to provide for the December 23, 2009. based education program administered equitable allocation of reasonable dues, Pursuant to Section 19(b)(1) of the by the Financial Industry Regulatory fees, and other charges among CBOE Securities Exchange Act of 1934 Authority, Inc. (‘‘FINRA’’) (f/k/a members and other persons using its 1 2 National Association of Securities (‘‘Act’’), and Rule 19b–4 thereunder, facilities, and that CBOE rules must be Dealers, Inc. (‘‘NASD’’)) to help ensure notice is hereby given that on December designed to prevent fraudulent and that registered persons are kept up-to- 17, 2009, the Chicago Board Options manipulative acts and practices, to date on regulatory, compliance, and Exchange, Incorporated (‘‘CBOE’’ or the promote just and equitable principles of sales practice matters in the industry, is ‘‘Exchange’’) filed with the Securities trade, and, in general, to protect and Exchange Commission a component of the Securities Industry Continuing Education Program investors and the public interest. CBOE (‘‘Commission’’) the proposed rule believes that the proposed rule change change as described in Items I, II, and (‘‘Program’’) under Rule 9.3A. The Securities Industry/Regulatory Council is designed to accomplish these ends by III below, which Items have been enabling the Program to be maintained prepared by the CBOE. CBOE has on Continuing Education (‘‘Council’’) on a revenue neutral basis while designated this proposal as one was organized in 1995 to facilitate maintaining adequate reserves for establishing or changing a due, fee, or cooperative industry/regulatory unanticipated future expenditures. other charge applicable only to a coordination of the administration and member under Section 19(b)(3)(A)(ii) of future development of the Program in B. Self-Regulatory Organization’s the Act 3 and Rule 19b–4(f)(2) keeping with applicable industry Statement on Burden on Competition thereunder,4 which renders the proposal regulations and changing industry effective upon filing with the needs. Its roles include recommending CBOE does not believe that the Commission. The Commission is and helping develop specific content proposed rule change will impose any publishing this notice to solicit and questions for the Regulatory burden on competition that is not comments on the proposed rule change Element, defining minimum core necessary or appropriate in furtherance from interested parties. curricula for the Firm Element of [sic] purposes of the Act. component of the Program, and I. Self-Regulatory Organization’s developing and updating information 7 The redesign updates the presentation and Statement of the Terms of Substance of about the Program for industry-wide content of the Regulatory Element to take advantage the Proposed Rule Change dissemination.5 of the latest innovations in adult learning theories CBOE proposes to amend its Fees It is the Council’s responsibility to and technological advances. This is the first such maintain the Program on a revenue large-scale redesign since the inception of the Schedule to increase the session fee for Program and should result in a significantly the Regulatory Element of the neutral basis while maintaining improved product and experience for members. Continuing Education requirements of adequate reserves for unanticipated FINRA will first implement the redesign of the Rule 9.3A with an implementation date future expenditures.6 CBOE members General Program (S101) and the Series 6 Program (S106). The redesign of the Supervisors Program (S201) will be implemented at a later stage. 5 The Council currently consists of 20 32 15 U.S.C. 78s(b)(2). 8 individuals, 14 of whom are securities industry The Commission notes that this proposed rule 33 17 CFR 200.30–3(a)(12). professionals and six of whom represent self- change would increase the Regulatory Element 1 15 U.S.C. 78s(b)(1). regulatory organizations, including CBOE. session fee from $75 to $100. 2 9 17 CFR 240.19b–4. 6 The Regulatory Element session fee was initially 15 U.S.C. 78f(b). 3 15 U.S.C. 78s(b)(3)(A)(ii). set at $75 when NASD established the continuing 10 15 U.S.C. 78f(b)(4). 4 17 CFR 240.19b–4(f)(2). education requirements in 1995. 11 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s communications relating to the November 17, 2009.3 On November 25, Statement on Comments on the proposed rule change between the 2009, the Exchange filed Amendment Proposed Rule Change Received From Commission and any person, other than No. 1 to the proposed rule change.4 The Members, Participants, or Others those that may be withheld from the Commission received one comment 5 No written comments were solicited public in accordance with the letter on the proposal. This order or received with respect to the proposed provisions of 5 U.S.C. 552, will be approves the proposed rule change as rule change. available for inspection and copying in amended. the Commission’s Public Reference II. Description of the Proposal III. Date of Effectiveness of the Room on official business days between Proposed Rule Change and Timing for the hours of 10 a.m. and 3 p.m. Copies The Exchange seeks to amend NYSE Commission Action of such filing also will be available for Rule 123C to modify its closing 6 Because the foregoing rule change inspection and copying at the principal process. Specifically, the Exchange establishes or changes a due, fee, or office of CBOE. All comments received proposes to amend NYSE Rule 123C to: other charge imposed by the Exchange, will be posted without change; the (i) Extend the time for the entry of it has become effective pursuant to Commission does not edit personal Market ‘‘At-The-Close’’ (‘‘MOC’’) and Section 19(b)(3)(A) of the Act 12 and identifying information from Limit ‘‘At-The-Close’’ (‘‘LOC’’) orders subparagraph (f)(2) of Rule 19b–4 13 submissions. You should submit only from 3:40 p.m. to 3:45 p.m.; (ii) amend thereunder. At any time within 60 days information that you wish to make the procedures for the entry of MOC/ of the filing of the proposed rule change, available publicly. All submissions LOC orders in response to imbalance the Commission may summarily should refer to File Number SR–CBOE– publications and regulatory trading abrogate such rule change if it appears 2009–094 and should be submitted on halts; (iii) change to the cancellation to the Commission that such action is or before January 20, 2010. time for MOC/LOC orders to 3:58 p.m.; (iv) require only one mandatory necessary or appropriate in the public For the Commission, by the Division of interest, for the protection of investors, imbalance publication; (v) rescind the Trading and Markets, pursuant to delegated provisions governing Expiration Friday or otherwise in furtherance of the authority.14 purposes of the Act. Auxiliary Procedures for the Opening Florence E. Harmon, and Due Diligence Requirements; (vi) IV. Solicitation of Comments Deputy Secretary. modify the dissemination of Order Interested persons are invited to [FR Doc. E9–30928 Filed 12–29–09; 8:45 am] Imbalance Information pursuant to submit written data, views, and BILLING CODE 8011–01–P NYSE Rule 123C(6) to commence at 3:45 arguments concerning the foregoing, including whether the proposed rule 3 See Securities Exchange Act Release No. 60974 change is consistent with the Act. SECURITIES AND EXCHANGE (November 9, 2009), 74 FR 59299 (‘‘Notice’’). COMMISSION 4 In Amendment No. 1, the Exchange proposes to Comments may be submitted by any of correct an erroneous cross-reference in Exhibit 5. the following methods: Because Amendment No. 1 is technical in nature, [Release No. 34–61233; File No. SR–NYSE– the Commission is not publishing it for comment. Electronic Comments 2009–111] 5 See Letter from John F. Neary, Managing • Use the Commission’s Internet Director, Morgan Stanley, to Elizabeth M. Murphy, Secretary, Commission, dated December 8, 2009 comment form (http://www.sec.gov/ Self-Regulatory Organizations; New (‘‘Morgan Stanley Letter’’). rules/sro.shtml); or York Stock Exchange LLC; Order While the Morgan Stanley Letter welcomed the • Send an e-mail to rule- Approving the Proposed Rule Change, incremental progress under the proposal with [email protected]. Please include File as Modified by Amendment No. 1, regard to transperancy, the commenter urged NYSE to adopt additional changes to the closing process, Number SR–CBOE–2009–094 on the Amending NYSE Rule 123C To Modify including mandating a final and absolute cutoff subject line. the Procedures for Its Closing Process time for participation in the closing process and and Making Conforming Changes to instituting a more transparent and accurate Paper Comments NYSE Rules 13 and 15 calculation of the real time closing imbalance feed. • Send paper comments in triplicate On December 18, 2009, NYSE responded to the December 23, 2009. Morgan Stanley letter. See Letter from Janet M. to Elizabeth M. Murphy, Secretary, Kissane, Senior Vice President—Legal & Corporate Securities and Exchange Commission, I. Introduction Secretary, NYSE Euronext, to Elizabeth M. Murphy, 100 F Street, NE., Washington, DC Secretary, Commission (‘‘Response Letter’’). In the 20549–1090. On November 9, 2009, the New York Response Letter, NYSE noted that it took into consideration input provided by its diverse All submissions should refer to File Stock Exchange LLC (‘‘NYSE’’ or the constituent base, including Morgan Stanley, in Number SR–CBOE–2009–094. This file ‘‘Exchange’’) filed with the Securities crafting the changes to the closing process, as well number should be included on the and Exchange Commission as accommodating the interests of diverse constituencies whose business models vary widely, subject line if e-mail is used. To help the (‘‘Commission’’), pursuant to Section and ensuring that changes are implemented in a Commission process and review your 19(b)(1) of the Securities Exchange Act way that minimizes the possibility of unintended comments more efficiently, please use of 1934 (‘‘Act’’) 1 and Rule 19b–4 consequences. NYSE stated that, given available only one method. The Commission will thereunder,2 a proposed rule change to development resources and the complexity of modern markets, it was hesitant to introduce a level post all comments on the Commission’s modify the procedures for its closing of incremental change that could have broad- Internet Web site (http://www.sec.gov/ process in Rule 123C and make ranging and unforeseen consequences. NYSE noted rules/sro.shtml). Copies of the conforming changes to NYSE Rules 13 further that, as it implements the changes to the submission, all subsequent (‘‘Definitions of Orders’’) and Rule 15 closing process, it will continue to work with its varied constituency, including Morgan Stanley, to amendments, all written statements (‘‘Pre-Opening Indications’’). The assess the operation of the closing process, with an with respect to the proposed rule proposed rule change was published for eye toward any potential changes in the behavior change that are filed with the comment in the Federal Register on of market participants and to identify further ways to enhance the efficiency and transparency of the Commission, and all written Close. 14 17 CFR 200.30–3(a)(12). 6 Conforming changes related to the information 12 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). disseminated prior to the opening transaction are 13 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4. also proposed.

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p.m.; (vii) include additional publications ten minutes apart are not orders, even in the event of legitimate information in both the pre-opening and useful. Accordingly, the Exchange error, would not be permitted.16 pre-closing Order Imbalance proposes to modify the order The Exchange further proposes to Information data feeds; (viii) amend information available prior to the create a CO order type, which would NYSE Rule 13 to create a conditional- closing transaction and amend NYSE provide all market participants an instruction limit order type called the Rule 123C to provide for a single additional method to offset an order Closing Offset Order (‘‘CO order’’); (ix) imbalance publication as soon as imbalance at the close. The CO order delete the ‘‘At the Close’’ order type practicable after 3:45 p.m., to be referred would not be guaranteed to participate from NYSE Rule 13 and replace it with to as the ‘‘Mandatory MOC/LOC in the closing transaction. CO orders the specific definitions of MOC and Imbalance Publication’’ (herein would only be eligible to participate in LOC orders; and (x) codify the hierarchy ‘‘Mandatory MOC/LOC Imbalance’’), the closing transaction when there is an of allocation of interest in the closing when there is an imbalance: (i) Of imbalance of orders to be executed on transaction in NYSE Rule 123(C). 50,000 shares or more; or (ii) of less than the opposite side of the market from the Similar changes are proposed to the 50,000 shares that is deemed to be CO order and there is no other interest rules of its affiliate, NYSE Amex LLC.7 ‘‘significant’’ (i.e., significant in relation remaining to trade at the closing price. The Exchange stated in its filing that to the average daily volume of the CO orders must yield to all other it seeks to build on changes it made security).10 The last sale price at 3:45 eligible interest. earlier this year to simplify its closing p.m. would serve as the basis for the Unlike MOC/LOC orders, CO orders procedures in order to provide Mandatory MOC/LOC Imbalance. could be entered on any side of the customers with a more efficient closing market at anytime prior to the close.17 8 The proposal retains the current process. The closing transaction on the ability to publish an Informational CO orders would not be included in the Exchange continues to be a manual Imbalance of any size. The Exchange calculation of the Mandatory MOC/LOC auction, which the Exchange believes seeks to extend the time for the Imbalance and Informational Imbalance. facilitates greater price discovery and publication of such imbalance from 3:40 Consistent with the cancellation allows for the maximum interaction p.m. until 3:45 p.m. in order to provide requirements for MOC and LOC orders, between market participants. While the a mechanism for an imbalance a CO order could be cancelled or Exchange currently provides DMM units publication prior to any Mandatory reduced for any reason up to 3:45 p.m. with electronic tools to facilitate an MOC/LOC Imbalance if the DMM, in Between 3:45 p.m. and 3:58 p.m., a CO efficient closing process, the Exchange consultation with a Floor Official or order could be canceled or reduced only believes that the proposed changes qualified NYSE Euronext employee as in the case of a legitimate error. After would maximize the use of those tools defined in Supplementary Material .10 3:58 p.m., a CO order, like MOC/LOC and allow for an even more efficient of NYSE Rule 46, deems that such orders, could not be cancelled or closing process. imbalance publication is warranted for reduced for any reason. Order Entry, Cancellation, Mandatory the security. In extending the time to CO orders would be eligible to MOC/LOC Imbalance and Informational 3:45 p.m., the proposed rule would participate in the closing transaction Imbalance Publications provide that a Mandatory MOC/LOC only to offset an imbalance and could The Exchange proposes to amend Imbalance or ‘‘no imbalance’’ notice not add to or flip the imbalance. If there NYSE Rule 123C to require electronic must occur as soon as possible after 3:45 is an imbalance at the close and the entry of all MOC and LOC orders, p.m.11 price of the closing transaction is at or including those entered to offset The proposed new rule would further within the limit of the CO order, the CO imbalances.9 The Exchange stated that explicitly state that the entry of MOC/ order would be eligible to participate in electronic entry of MOC and LOC LOC orders in response to a Mandatory the closing transaction, subject to strict interest would obviate the need to have MOC/LOC Imbalance after 3:45 p.m. time priority of receipt in Exchange imbalance publications at both 3:40 may be entered only to offset the systems among such eligible CO orders p.m. and 3:50 p.m. because the DMM published imbalance.12 In the case of a and after yielding to all other interest in would not have to manually keep track ‘‘no imbalance’’ notification, no the closing execution, including MOCs, of the MOC/LOC interest; rather, offsetting MOC/LOC interest could be marketable LOCs, ‘‘G’’ orders, DMM Exchange systems would track the entered at all after 3:45 p.m.13 interest, and at-priced LOCs. CO orders electronically entered MOC/LOC The Exchange’s proposal also allows deemed eligible to participate in the interest, which the Exchange believes customers to cancel or reduce MOC/ close would be executed at the price of would allow its systems to disseminate LOC orders only in cases of legitimate the closing transaction. If the number of imbalance information to all market errors 14 between 3:45 p.m. and 3:58 shares represented by CO orders is participants in a more accurate and p.m.15 After 3:58 p.m., cancellations or larger than the number of shares timely fashion. In addition, according to reductions in the size of MOC/LOC required to offset the imbalance, the Exchange, its customers have Exchange systems would execute only those shares of CO orders required to expressed that in the current trading 10 See proposed NYSE Rule 123C(1)(d) and (4). environment two imbalance 11 See proposed NYSE Rule 123C(1)(b) and (4). complete the execution of the imbalance 12 See proposed NYSE Rule 123C(2)(b)(i). in full based on the time priority of 7 See SR–NYSEAmex–2009–81. 13 See proposed NYSE Rule 123C(2)(b)(ii). receipt in Exchange systems of the CO 8 See Notice, supra note 3, at pp. 59299–304 for 14 Pursuant to proposed NYSE Rule 123C(1)(c), a orders. CO orders therefore would not a detailed description of the current closing legitimate error is defined to be an error in any term be allowed to swing an imbalance to the process. of an MOC or LOC order, such as price, number of opposite side of the market. 9 In the event a Floor broker’s handheld device shares, side of the transaction (buy or sell) or malfunctions, the DMM should assist the Floor identification of the security. broker by entering or cancelling MOC/LOC orders 15 See proposed NYSE Rule 123C(3) (Cancellation 16 The Exchange could temporarily suspend the on the Floor broker’s behalf. DMMs perform this of MOC and LOC orders). The Exchange anticipates prohibitions on canceling or reducing an MOC or administrative function on a best efforts basis. See that DMMs will have sufficient time to perform the LOC order if there is an extreme order imbalance NYSE Information Memos 09–26 (June 18, 2009); requisite calculations for the closing transaction at or near the close. See proposed NYSE Rule NYSE Member Education Bulletin 05–24 (December while affording customers the ability to cancel or 123C(9). 9, 2005). reduce in size an MOC/LOC order until 3:58 p.m. 17 See proposed NYSE Rule 123C(2)(b)(iv).

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Modifications to Order Imbalance marketable LOC orders, and CO orders) MOC/LOC interest would not be Information Data Feed Prior to the could be executed in full. allowed.22 Closing and Opening Transaction Similarly the Exchange proposes to Unlike MOC/LOC orders, the entry of conform the pre-opening Order CO orders on both sides of the market The Exchange further proposes to Imbalance Information data feed to would be permitted when a Trading modify the Order Imbalance data feed provide its market participants with Halt occurs in a security, but is lifted disseminated prior to the closing more information prior to the opening prior to the close of trading in the transaction. Pursuant to proposed NYSE transaction. As such, the pre-opening security. Because CO orders are the Rule 123C(6)(a)(iii), the Order Order Imbalance Information data feed interest of last resort in the closing Imbalance data feed would be would include the price at which all the transaction, entry of such orders is not disseminated approximately every five interest eligible to participate in the restricted to offsetting the Mandatory seconds between 3:45 pm and 4:00 pm. opening transaction may be executed in MOC/LOC Imbalance. Moreover, the Exchange proposes to full.19 The Exchange does not propose Rescission of Expiration Friday expand the order information included to modify the time periods pursuant to Auxiliary Procedures for the Opening in the Order Imbalance Information data NYSE Rule 15 when the pre-opening and Due Diligence Requirements feed. Currently, the pre-closing Order Order Imbalance data feed is The Exchange proposes to rescind the Imbalance Information data feed disseminated. Moreover, the calculation provisions governing ‘‘Expiration Friday includes the: (i) Reference price; (ii) of the reference price would also remain Auxiliary Procedures for the Opening.’’ MOC/LOC imbalance and the side of the the same. market; (iii) d-Quotes and all other e- According to the Exchange, the Quotes containing pegging instructions Execution of the Closing Transaction provisions governing Expiration Friday were created to facilitate a fair and eligible to participate in the closing The Exchange proposes to maintain transaction; and (iv) MOC/LOC paired orderly opening transaction in light of its current execution logic and to codify the additional order flow on Expiration quantity at reference price. The the hierarchy of allocation logic applied proposed new data feed would also Fridays. Because Exchange systems now to interest participating in the closing allow the DMM to accommodate for additionally include (i) CO orders on transaction. Proposed NYSE Rule the opposite side of the imbalance and such fluctuations in volume, the 123C(7) would list all the interest that Exchange believes that these provisions (ii) at-priced LOC interest eligible to must be executed or cancelled as part of offset the imbalance. are unnecessary. The order marking the closing transaction and the provisions were an accommodation to The proposed Order Imbalance hierarchy of the interest that may be member organizations whose systems Information data feed prior to the used to offset the closing imbalance. were unable to electronically affix the closing transaction would also make This codification would now also designation, and the Exchange states available two new data fields. The incorporate the new proposed CO order that all of its member organizations are proposed new data fields would provide type into the closing transaction as the capable of affixing appropriate order subscribers with a snap shot of the last interest eligible to participate in the designations. prices at which interest eligible to closing transaction to offset an The Exchange further seeks to make participate in the closing transaction imbalance. the provisions of NYSE Rule 123C would be executed in full against contra Trading Halts govern solely Market and Limit ‘‘on the interest at the time data feed is Close’’ Policy. Therefore, the Exchange disseminated. It would also provide The Exchange further proposes to proposes to delete the ‘‘Due Diligence subscribers with the price at which amend NYSE Rule 123C to define Requirements’’ from this rule as they are closing-only interest (i.e., MOC orders, ‘‘trading halt’’ as a halt in trading in any redundant with the provisions codified marketable LOC orders, and CO orders security pursuant to the provisions of in NYSE Rule 405. on the opposite side of the imbalance) NYSE Rule 123D (‘‘Trading Halt’’).20 may be executed in full and the price at Under the proposal, when a Trading III. Discussion and Commission Findings which orders in the Display Book (e.g., Halt is in effect at 3:45 p.m., a Minimum Display Reserve Orders, Floor Mandatory MOC/LOC Imbalance would The Commission finds that the broker reserve e-Quotes not designated be published as close to the resumption proposed rule change, as amended, is to be excluded from the aggregated of trading as possible if the Trading Halt consistent with the requirements of the agency interest information available to is lifted prior to the close of trading. In Act and the rules and regulations the DMM, d-Quotes pegged e-Quotes,18 this event, MOC/LOC orders could be thereunder applicable to a national and Stop orders) would be executed in entered to offset the published securities exchange.23 In particular, it is full. Only those CO orders on the imbalance. If the Trading Halt is not consistent with Section 6(b)(5) of the opposite side of the imbalance would be lifted, the entry of MOC/LOC interest, Act,24 which requires, among other included in the calculation of the new including offsetting interest, would be things, that the rules of a national data fields. If the price at which all prohibited. securities exchange be designed to closing orders in the Display Book Where a Trading Halt occurs in a promote just and equitable principles of would be executed in full is at or security after a Mandatory MOC/LOC trade, to remove impediments to and between the quote, then both data fields Imbalance is published, MOC/LOC perfect the mechanism of a free and indicating imbalance information would orders could be entered to offset the open market and a national market publish the price at which the closing- published imbalance.21 Where a system and, in general, to protect only interest (i.e., MOC orders, Trading Halt occurs after 3:45 p.m. and investors and the public interest, and there is no Mandatory MOC/LOC 18 d-Quotes and pegged e-Quotes included in this Imbalance in the security, the entry of 22 See proposed NYSE Rule 123C(2)(c)(iii). new data field of the Order Imbalance Information 23 In approving this proposed rule change, the data feed would be included at the price indicated Commission has considered the proposed rule’s on the order as the base price to be used to calculate 19 See Proposed NYSE Rule 15. impact on efficiency, competition, and capital the range of discretion and not at prices within their 20 See proposed NYSE Rule 123C(1)(f). formation. See 15 U.S.C. 78c(f). discretionary pricing instructions. 21 See proposed NYSE Rule 123C(2)(c)(i). 24 15 U.S.C. 78f(b)(5).

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not be designed to permit unfair therefore allow them to make better- Rule 19b–4(f)(2) thereunder,4 which discrimination between customers, informed trading decisions. renders the proposal effective upon issuers, brokers, or dealers. The The Commission believes that the filing with the Commission. The Commission also finds that the remainder of the proposed changes, Commission is publishing this notice to proposed rule change as amended is including the codification of the solicit comments on the proposed rule consistent with the provisions of hierarchy of the allocation of interest in from interested persons. Section 6(b)(8) of the Act,25 which the closing, the clarification of the I. Self-Regulatory Organization’s requires that the rules of an exchange definition of MOC and LOC orders, the Statement of the Terms of Substance of not impose any burden on competition inclusion of additional information in the Proposed Rule Change not necessary or appropriate in the Order Imbalance Information data furtherance of the purposes of the Act. feeds, and the rescission of the The Exchange proposes to amend the The electronic entry of MOC/LOC provisions governing Expiration Friday Fee Schedule of the Boston Options interest should increase the efficiency of Auxiliary Procedures for the Opening Exchange Group, LLC (‘‘BOX’’). The text NYSE’s market and permit accurate and Due Diligence Requirements are of the proposed rule change is available information to be disseminated to either non-substantive or non- from the principal office of the market participants more quickly. The controversial in nature, while enhancing Exchange, at the Commission’s Public modification of the procedures for the the transparency of NYSE’s market at Reference Room, on the Exchange’s entry of MOC/LOC orders in response to the close, and therefore are consistent Internet Web site at http:// imbalance publications and regulatory with the Act. nasdaqomxbx.cchwallstreet.com/ trading halts should likewise improve NASDAQOMXBX/Filings/, and on the IV. Conclusion transparency and efficiency. Commission’s Internet Web site at In connection with the change from It is therefore ordered, pursuant to http://www.sec.gov/. Section 19(b)(2) of the Act,26 that the two imbalance publications to one, the II. Self-Regulatory Organization’s proposed rule change, as amended (SR– Commission notes the Exchange’s Statement of the Purpose of, and NYSE–2009–111), be, and it hereby is, representation that its customers have Statutory Basis for, the Proposed Rule approved. expressed that two imbalance Change publications ten minutes apart in the For the Commission, by the Division of current electronic environment are Trading and Markets, pursuant to delegated In its filing with the Commission, the unnecessary. Moving the cut-off time for authority.27 self-regulatory organization included the entry of MOC/LOC orders from 3:40 Florence E. Harmon, statements concerning the purpose of, p.m. to 3:45 p.m. should allow Deputy Secretary. and basis for, the proposed rule change and discussed any comments it received Exchange participants additional [FR Doc. E9–30927 Filed 12–29–09; 8:45 am] on the proposed rule change. The text control of the handling of their orders to BILLING CODE 8011–01–P be executed in the closing transaction of these statements may be examined at and additional participation in active the places specified in Item IV below. markets. SECURITIES AND EXCHANGE The self-regulatory organization has In connection with the postponing of COMMISSION prepared summaries, set forth in the cancellation time for MOC and LOC Sections A, B, and C below, of the most orders to 3:58 p.m, the Commission [Release No. 34–61229; File No. SR–BX– significant aspects of such statements. notes the Exchange’s representations 2009–083] A. Self-Regulatory Organization’s that, with the proposed requirement that Statement of the Purpose of, and Self-Regulatory Organizations; all MOC/LOC orders be entered Statutory Basis for, the Proposed Rule NASDAQ OMX BX, Inc.; Notice of Filing electronically, Exchange systems will Change keep track of the available interest thus and Immediate Effectiveness of making it more readily available for the Proposed Rule Change Relating to the 1. Purpose DMM and that systemic tracking of Fee Schedule of the Boston Options On November 13, 2006 BOX entered MOC/LOC interest makes it entirely Exchange Facility into a licensing agreement feasible for the DMM to review in two December 22, 2009. (‘‘Agreement’’) with The NASDAQ OMX minutes the interest eligible to Pursuant to Section 19(b)(1) of the Group, Inc. (‘‘NASDAQ OMX’’) participate in the closing transaction Securities Exchange Act of 1934 (formerly known as the Nasdaq Stock and facilitate the execution of the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Market, Inc.) to use various indices and closing transaction. notice is hereby given that on December trademarks in connection with the The creation of the CO order provides 16, 2009, NASDAQ OMX BX, Inc. (the listing and trading of index options on ® 5 an additional source of liquidity to ‘‘Exchange’’) filed with the Securities the full value Nasdaq-100 (‘‘NDX’’) offset an imbalance going into the and Exchange Commission 4 closing transaction, and thus should (‘‘Commission’’) the proposed rule 17 CFR 240.19b–4(f)(2). 5 Nasdaq®, Nasdaq-100® and Nasdaq-100 Index® increase the greater efficiency of the change as described in Items I, II, and closing process. are registered trademarks of The NASDAQ OMX III below, which Items have been Group, Inc. (which with its affiliates are the The Commission believes that these prepared by the self-regulatory ‘‘Corporations’’) and are licensed for use by the proposed modifications are consistent organization. The Exchange filed the Boston Options Exchange Group, LLC in connection with the Act because, taken as a whole, with the trading of options products based on the proposed rule change pursuant to ® they should enhance the efficiency and Nasdaq-100 Index . The product(s) have not been Section 19(b)(3)(A)(ii) of the Act,3 and passed on by the Corporations as to their legality transparency of the closing transaction or suitability. The product(s) are not issued, and provide customers with a more endorsed, sold, or promoted by the Corporations. 26 15 U.S.C. 78s(b)(2). The Corporations make no warranties and bear no accurate depiction of market conditions 27 17 CFR 200.30–3(a)(12). liability with respect to the product(s). The prior to the closing transaction, and 1 15 U.S.C. 78s(b)(1). Corporations do not guarantee the accuracy and/or 2 17 CFR 240.19b–4. uninterrupted calculation of the Nasdaq-100 Index® 25 15 U.S.C. 78f(b)(8). 3 15 U.S.C. 78s(b)(3)(A)(ii). or any data included therein. The Corporations

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and the reduced value Nasdaq-100® any burden on competition not submission, all subsequent Index (Mini-NDX® Index (MNX)).6 The necessary or appropriate in furtherance amendments, all written statements Agreement established a license fee, of the purposes of the Act. with respect to the proposed rule currently $0.16 per contract, payable by change that are filed with the C. Self-Regulatory Organization’s BOX to NASDAQ OMX, for NDX and Commission, and all written Statement on Comments on the MNX options contracts traded on BOX.7 communications relating to the This Agreement between BOX and Proposed Rule Change Received from proposed rule change between the NASDAQ OMX was set to expire on Members, Participants or Others Commission and any person, other than December 31, 2009. BOX and NASDAQ The Exchange has neither solicited those that may be withheld from the OMX have entered into an extension of nor received comments on the proposed public in accordance with the the Agreement whereby a six (6) cent rule change. provisions of 5 U.S.C. 552, will be increase in the per contract license fee available for inspection and copying in III. Date of Effectiveness of the charged to BOX by NASDAQ OMX has the Commission’s Public Reference Proposed Rule Change and Timing for been agreed to. Room, 100 F Street, NE., Washington, Commission Action The Exchange is submitting this DC 20549, on official business days proposed rule change to increase the The foregoing rule change has become between the hours of 10 a.m. and 3 p.m. surcharge fee for transactions in NDX effective pursuant to Section Copies of such filing also will be and MNX options by six (6) cents, to 19(b)(3)(A)(ii) of the Exchange Act10 and available for inspection and copying at $0.22. This increase will Rule 19b–4(f)(2) thereunder,11 because the principal office of the Exchange. All correspondingly offset the increased it establishes or changes a due, fee, or comments received will be posted costs incurred by BOX. As with certain other charge applicable only to a without change; the Commission does other licensed options, the Exchange member. not edit personal identifying adopted and maintains a surcharge fee At any time within 60 days of the information from submissions. You for trading in these options to defray the filing of the proposed rule change, the should submit only information that licensing costs. The Exchange believes Commission may summarily abrogate you wish to make publicly available. All that charging BOX Options Participants the rule change if it appears to the submissions should refer to File that trade these instruments is the most Commission that the action is necessary Number SR–BX–2009–083 and should equitable means of recovering the costs or appropriate in the public interest, for be submitted on or before January 20, of the license. the protection of investors, or would 2010. otherwise further the purposes of the 2. Statutory Basis For the Commission, by the Division of Act. Trading and Markets, pursuant to delegated The Exchange believes that the 12 IV. Solicitation of Comments authority. proposal is consistent with the Florence E. Harmon, requirements of Section 6(b) of the Act,8 Interested persons are invited to Deputy Secretary. in general, and Section 6(b)(4) of the submit written data, views, and [FR Doc. E9–30926 Filed 12–29–09; 8:45 am] Act,9 in particular, in that it provides for arguments concerning the foregoing, the equitable allocation of reasonable including whether the proposed rule BILLING CODE 8011–01–P dues, fees, and other charges among its change is consistent with the Act. members and issuers and other persons Comments may be submitted by any of SECURITIES AND EXCHANGE using its facilities. the following methods: COMMISSION B. Self-Regulatory Organization’s Electronic Comments [Release No. 34–61231; File No. SR–FINRA– Statement on Burden on Competition • Use the Commission’s Internet 2009–092] The Exchange does not believe that comment form (http://www.sec.gov/ the proposed rule change will impose rules/sro.shtml); or Self-Regulatory Organizations; • Send an e-mail to rule- Financial Industry Regulatory make no warranty, express or implied, as to results [email protected]. Please include File Authority, Inc.; Notice of Filing and to be obtained by licensee, owners of the product(s), Number SR–BX–2009–083 on the Immediate Effectiveness of Proposed or any other person or entity from the use of the Rule Change To Extend the Date by ® subject line. Nasdaq-100 Index or any data included therein. Which Eligible Registrants Must The Corporations make no express or implied warranties, and expressly disclaim all warranties of Paper Comments Complete a Firm-Element Continuing merchantability or fitness for a particular purpose • Send paper comments in triplicate Education Program To Qualify To or use with respect to the Nasdaq-100 Index® or any Engage in a Security Futures Business data included therein. Without limiting any of the to Elizabeth M. Murphy, Secretary, foregoing, in no event shall the Corporations have Securities and Exchange Commission, December 23, 2009. any liability for any lost profits or special, 100 F Street, NE., Washington, DC Pursuant to Section 19(b)(1) of the incidental, punitive, indirect or consequential 20549–1090. damages, even if notified of the possibility of such Securities Exchange Act of 1934 damages. All submissions should refer to File (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 6 Id. Number SR–BX–2009–083. This file notice is hereby given that on December 7 On November 14, 2006 the Exchange established number should be included on the 18, 2009, Financial Industry Regulatory a $0.15 surcharge fee for transactions in options on subject line if e-mail is used. To help the Authority, Inc. (‘‘FINRA’’) filed with the NDX and MNX. See Securities Exchange Act Commission process and review your Release No. 55000 (December 21, 2006), 71 FR Securities and Exchange Commission 78479 (December 29, 2006) (SR–BSE–2006–47). The comments more efficiently, please use (‘‘SEC’’ or ‘‘Commission’’) the proposed Exchange subsequently increased the surcharge fee only one method. The Commission will rule change as described in Items I and to $0.16 in response to a corresponding increase in post all comments on the Commission’s II below, which Items have been the license fees charged by NASDAQ OMX to BOX. Internet Web site (http://www.sec.gov/ See Securities Exchange Act Release No. 57114 prepared by FINRA. The Commission is (January 8, 2008), 73 FR 2961 (January 16, 2008) rules/sro.shtml). Copies of the (SR–BSE–2008–01). 12 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78f(b). 10 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78s(b)(1). 9 15 U.S.C. 78f(b)(4). 11 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4.

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publishing this notice to solicit personnel, who may not be familiar eligible registrants to complete a firm- comments on the proposed rule change with risks, trading characteristics, terms element continuing education program from interested persons. and nomenclature of these products, or that will qualify them to engage in a the fact that they are subject to the joint security futures business. I. Self-Regulatory Organization’s jurisdiction of the SEC and CFTC, Statement of the Terms of Substance of B. Self-Regulatory Organization’s the Proposed Rule Change receive the necessary training. FINRA initially considered replacing Statement on Burden on Competition FINRA is a proposing to amend NASD the firm-element continuing education FINRA does not believe that the Rule 1022 (Categories of Principal requirement with revised qualification proposed rule change will result in any Registration) and NASD Rule 1032 examinations for these categories that burden on competition that is not (Categories of Representative addressed security futures, however, necessary or appropriate in furtherance Registration) to extend to December 31, such qualification examinations have of the purposes of the Act. 2012 the date by which eligible not been implemented. In 2006, FINRA registrants must complete a firm- C. Self-Regulatory Organization’s amended NASD Rule 1022 (Categories Statement on Comments on the element continuing education program of Principal Registration) and Rule 1032 to qualify to engage in a security futures Proposed Rule Change Received From (Categories of Representative Members, Participants or Others business. Registration) to extend the date by The text of the proposed rule change which eligible registrants must complete Written comments were neither is available on FINRA’s Web site at the firm-element continuing education solicited nor received. http://www.finra.org, at the principal requirement to engage in a security III. Date of Effectiveness of the office of FINRA, on the Commission’s futures business from December 31, Proposed Rule Change and Timing for Web site at http://www.sec.gov, and at 2006 to December 31, 2009.4 In view of Commission Action the Commission’s Public Reference the fact that there are no revised Because the foregoing proposed rule Room. qualification examinations addressing change does not: (i) Significantly affect security futures, FINRA intends to II. Self-Regulatory Organization’s the protection of investors or the public continue to require eligible registrants to Statement of the Purpose of, and interest; (ii) impose any significant complete the mandated firm-element Statutory Basis for, the Proposed Rule burden on competition; and (iii) become continuing education requirement Change operative for 30 days from the date on before engaging in any security futures In its filing with the Commission, which it was filed, or such shorter time business. The proposed rule change FINRA included statements concerning as the Commission may designate, it has amends NASD Rule 1022 (Categories of the purpose of and basis for the become effective pursuant to Section Principal Registration) and NASD Rule proposed rule change and discussed any 19(b)(3)(A) of the Act 7 and Rule 19b– 1032 (Categories of Representative comments it received on the proposed 4(f)(6) thereunder.8 rule change. The text of these statements Registration) to extend the date by The Exchange has requested that the may be examined at the places specified which eligible registrants must complete Commission waive the 30-day operative in Item IV below. FINRA has prepared the firm-element continuing education delay to permit the proposed rule summaries, set forth in sections A, B, requirement to engage in a security change to become operative on futures business from December 31, and C below, of the most significant 5 December 31, 2009. The Commission aspects of such statements. 2009 to December 31, 2012. finds that waiver of the operative delay FINRA has filed the proposed rule is consistent with the protection of A. Self-Regulatory Organization’s change for immediate effectiveness. The investors and the public interest Statement of the Purpose of, and implementation date will be December because the waiver will keep in place Statutory Basis for, the Proposed Rule 31, 2009. the ability of registered persons to Change 2. Statutory Basis qualify to sell security futures by 1. Purpose FINRA believes that the proposed rule completing a firm-element continuing In 2003 [sic], FINRA modified the change is consistent with the provisions education program in lieu of an exam. following registration categories to of Section 15A(b)(6) of the Act,6 which Therefore, the Commission designates include the activities of engaging in and requires, among other things, that the proposal operative on December 31, 9 supervising securities futures: (1) FINRA rules must be designed to 2009. Registered Options Principal (Series 4); prevent fraudulent and manipulative At any time within 60 days of the (2) Limited Principal—General acts and practices, to promote just and filing of the proposed rule change, the Securities Sales Supervisor (Series 9/ equitable principles of trade, and, in Commission may summarily abrogate 10); (3) General Securities general, to protect investors and the such rule change if it appears to the Representative (Series 7); and (4) public interest. The proposed rule Commission that such action is Registered Options Representative change is necessary to continue to allow necessary or appropriate in the public (Series 42).3 FINRA also required that interest, for the protection of investors, or otherwise in furtherance of the persons currently registered or 4 See Securities Exchange Act Release No. 54617 becoming registered in these categories (October 17, 2006), 71 FR 62498 (October 25, 2006) purposes of the Act. (Notice of Filing and Immediate Effectiveness of complete a firm-element continuing File No. SR–NASD–2006–118). IV. Solicitation of Comments education requirement addressing 5 The Commission notes that FINRA has proposed Interested persons are invited to security futures before they conducted to amend its rule text to provide that, as of submit written data, views and any security futures business. FINRA December 31, 2009, for eligible registrants, the instituted this continuing education deadline for completing a firm-element continuing education program in order to qualify to engage in 7 15 U.S.C. 78s(b)(3)(A). requirement to ensure that registered security futures activities is the earlier of December 8 17 CFR 240.19b–4(f)(6). 31, 2012, or one business day prior to the date a 9 For purposes only of waiving the 30-day 3 See Securities Exchange Act Release No. 46663 new examination that includes security futures operative delay, the Commission has considered the (October 15, 2002), 67 FR 64944 (October 22, 2002) products is offered. proposed rule’s impact on efficiency, competition, (Order Approving File No. SR–NASD–2002–40). 6 15 U.S.C. 78o–3(b)(6). and capital formation. See 15 U.S.C. 78c(f).

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arguments concerning the foregoing, For the Commission, by the Division of II. Self-Regulatory Organization’s including whether the proposed rule Trading and Markets, pursuant to delegated Statement of the Purpose of, and change is consistent with the Act. authority.10 Statutory Basis for, the Proposed Rule Comments may be submitted by any of Florence E. Harmon, Change the following methods: Deputy Secretary. In its filing with the Commission, the self-regulatory organization included Electronic Comments [FR Doc. E9–30925 Filed 12–29–09; 8:45 am] BILLING CODE 8010–01–P statements concerning the purpose of, • Use the Commission’s Internet and basis for, the proposed rule change comment form (http://www.sec.gov/ and discussed any comments it received rules/sro.shtml); or SECURITIES AND EXCHANGE on the proposed rule change. The text • COMMISSION of those statements may be examined at Send an e-mail to rule- the places specified in Item IV below. [email protected]. Please include File The Exchange has prepared summaries, [Release No. 34–61227; File No. SR– Number SR–FINRA–2009–092 on the set forth in sections A, B, and C below, NYSEArca–2009–114] subject line. of the most significant parts of such Paper Comments Self-Regulatory Organizations; NYSE statements. Arca, Inc.; Notice of Filing of Proposed • A. Self-Regulatory Organization’s Send paper comments in triplicate Rule Change Relating to the Listing of Statement of the Purpose of, and to Elizabeth M. Murphy, Secretary, Grail McDonnell Fixed Income ETFs Statutory Basis for, the Proposed Rule Securities and Exchange Commission, Change 100 F Street, NE., Washington, DC December 22, 2009. 1. Purpose 20549–1090. Pursuant to Section 19(b)(1) 1 of the NYSE Exchange proposes to list and All submissions should refer to File Securities Exchange Act of 1934 (the ‘‘Exchange Act’’) 2 and Rule 19b–4 trade the Shares of the ETFs under Number SR–FINRA–2009–092. This file NYSE Arca Equities Rule 8.600, which thereunder,3 notice is hereby given that number should be included on the governs the listing and trading of on December 16, 2009, NYSE Arca, Inc. subject line if e-mail is used. To help the Managed Fund Shares on the Commission process and review your (‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed Exchange.4 Each of the ETFs will be an comments more efficiently, please use with the Securities and Exchange actively managed exchange traded fund only one method. The Commission will Commission (the ‘‘Commission’’) the each of which is a series of Grail post all comments on the Commission’s proposed rule change as described in Advisors ETF Trust (‘‘Trust’’). The Trust Internet Web site (http://www.sec.gov/ Items I, II, and III below, which Items is registered with the Commission as an rules/sro.shtml). Copies of the have been prepared by the self- investment company.5 submission, all subsequent regulatory organization. The amendments, all written statements Commission is publishing this notice to 4 The Commission approved NYSE Arca Equities with respect to the proposed rule solicit comments on the proposed rule Rule 8.600 and the listing and trading of certain funds of the PowerShares Actively Managed Funds change that are filed with the change from interested persons. Trust on the Exchange pursuant to Rule 8.600 in Commission, and all written I. Self-Regulatory Organization’s Securities Exchange Act Release No. 57619 (April communications relating to the 4, 2008) 73 FR 19544 (April 10, 2008) (SR– Statement of the Terms of Substance of NYSEArca–2008–25). The Commission also proposed rule change between the the Proposed Rule Change previously approved listing and trading on the Commission and any person, other than Exchange, or trading on the Exchange pursuant to those that may be withheld from the Pursuant to the provisions of Section unlisted trading privileges (‘‘UTP’’) of the following actively managed funds under Rule 8.600: public in accordance with the 19(b)(1) of the Exchange Act, NYSE Securities Exchange Act Release Nos. 57626 (April provisions of 5 U.S.C. 552, will be Arca, through its wholly-owned 4, 2008), 73 FR 19923 (April 11, 2008) (SR– available for inspection and copying in subsidiary NYSE Arca Equities, Inc. NYSEArca–2008–28) (order approving trading on the Commission’s Public Reference (‘‘NYSE Arca Equities’’ or the the Exchange pursuant to UTP of Bear Stearns Active ETF); 57801 (May 8, 2008), 73 FR 27878 Room, 100 F Street, NE., Washington, ‘‘Corporation’’), proposes to list and (May 14, 2008) (SR–NYSEArca–2008–31) (order DC 20549, on official business days trade the shares of the following funds approving Exchange listing and trading of twelve between the hours of 10 a.m. and 3 p.m. under NYSE Arca Equities Rule 8.600: actively-managed funds of the WisdomTree Trust); 59826 (April 28, 2009), 74 FR 20512 (May 4, 2009) Copies of such filing also will be Grail McDonnell Intermediate (SR–NYSEArca–2009–22) (order approving available for inspection and copying at Municipal Bond ETF and the Grail Exchange listing and trading of Grail American the principal office of FINRA. All McDonnell Core Taxable Bond ETF Beacon Large Cap Value ETF; 60460 (August 7, 2009), 74 FR 41468 (August 17, 2009) (SR– comments received will be posted (each an ‘‘ETF’’ and, collectively, the NYSEArca–2009–55) (order approving Exchange without change; the Commission does ‘‘ETFs’’). The shares of the ETFs are listing and trading of Dent Tactical ETF); 60717 not edit personal identifying collectively referred to herein as the (September 24, 2009), 74 FR 50853 (October 1, information from submissions. You ‘‘Shares.’’ 2009) (SR–NYSEArca–2009–74 (order approving listing of four Grail Advisors RP ETFs); 60975 should submit only information that The text of the proposed rule change (November 10, 2009), 74 FR 59590 (November 18, you wish to make available publicly. All is available on the Exchange’s Web site 2009) (SR–NYSEArca–2009–83) (order approving submissions should refer to File listing of Grail American Beacon International at http://www.nyse.com, at the Equity ETF); 60981 (November 10, 2009), 74 FR Number SR–FINRA–2009–092 and Exchange’s principal office and at the 59594 (November 18, 2009) (SR–NYSEArca–2009– should be submitted on or before Commission’s Public Reference Room. 79) (order approving listing of five fixed income January 20, 2010. funds of the PIMCO ETF Trust). 5 See Registration Statement on Form N–1A for the Trust filed with the Securities and Exchange Commission on October 5, 2009 (File Nos. 333– 1 15 U.S.C. 78s(b)(1). 148082 and 811–22154) (the ‘‘Registration 2 15 U.S.C. 78a. Statement’’). The descriptions of the ETFs and the 10 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. Continued

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Description of the Shares and the Funds investment-grade securities rated BB+ securities or below investment-grade Grail Advisors, LLC is each Fund’s (or comparable) or below by a rating securities referenced above), and up to investment manager (‘‘Manager’’). agency or, if unrated, determined by 80% of its assets in corporate bonds. In McDonnell Investment Management, McDonnell to be of comparable quality. addition, the ETFs may invest up to LLC (‘‘McDonnell’’ or ‘‘Sub-Adviser’’) The ETF may invest up to 20% of its 30% of its assets in municipal serves as each ETF’s sub-adviser. The assets in taxable debt securities. These securities. The Fund may only invest in Bank of New York Mellon Corporation may include securities issued by the U.S. dollar-denominated securities. It is the administrator, Fund accountant, U.S. Government, its agencies and may also invest in securities of other transfer agent and custodian for the instrumentalities, corporate debt investment companies, including other ETFs. ALPS Distributors, Inc. serves as securities, mortgage-backed and other Funds and money market funds. According to the Registration the distributor of Creation Units for each asset-backed securities, and securities of Statement, the Sub-Adviser, with ETF on an agency basis. other investment companies, including other exchange-traded funds. The ETF respect to each of the ETFs, adheres to Grail McDonnell Intermediate may only invest in U.S. dollar- a total return investment philosophy in Municipal Bond ETF denominated securities. which the investment team seeks to According to the Registration reduce the ETFs’ exposure to interest Grail McDonnell Core Taxable Bond rate risk by limiting dependence on the Statement, the investment objective of ETF the ETF is a high level of current tax- timing of purchases and sales for the portfolio by controlling its interest rate exempt income and higher risk-adjusted According to the Registration sensitivity (i.e. duration) relative to the returns relative to its benchmark.6 The Statement, the investment objective of benchmark. McDonnell looks for ETF invests, under normal the ETF is a high level of current opportunities to outperform the ETFs’ circumstances, at least 80% of its net income and higher risk-adjusted returns 7 stated risk tolerance/benchmark by assets (plus the amount of any relative to its benchmark. The ETF identifying relative value opportunities borrowings for investment purposes) in invests, under normal circumstances, at among sectors and securities, and debt securities with interest payments least 80% of its net assets (plus the exploiting the changing shape of the exempt from federal income taxes. The amount of any borrowings for yield curve. The investment process ETF will typically invest in municipal investment purposes) in debt securities. The ETF will invest primarily in employed by McDonnell utilizes securities and will invest, under normal fundamental credit analysis within a market conditions, primarily in tax investment-grade securities, including securities issued by the U.S. quantitative risk management exempt general obligation, revenue and framework in order to identify relative private activity bonds and notes, which Government, its agencies and instrumentalities, municipal securities, return opportunities across sectors, are issued by or on behalf of states, among securities and along the territories or possessions of the U.S. and mortgage-backed and other asset-backed securities, and corporate and bank maturity/yield curve spectrum. Credit the District of Columbia and their analysts and portfolio managers political subdivisions, agencies and obligations, including commercial paper, corporate notes and bonds. While participate in regular periodic instrumentalities (including Puerto discussions of trends and opportunities Rico, the Virgin Islands and Guam). The the ETF may invest in securities of any maturity, under normal circumstances, in making sector and security selections. ETFs investments generally include As discussed below, the ETFs may municipal securities with a full range of the average duration of the portfolio is typically expected to range from three to invest in derivative instruments, such as maturities and broad issuer and futures and interest rate, total return and geographic diversification. While the six years. Duration is a measure of the underlying portfolio’s price sensitivity credit default swaps. Investments in Fund may invest in securities of any derivatives must be consistent with the maturity, under normal circumstances, to changes in interest rates. The ETF invests primarily in ETFs’ investment objective and may the dollar-weighted average maturity of investment grade securities, which are only be used to manage risk and not to the portfolio is expected to range from securities rated in one of the top four enhance leverage. three to ten years. credit quality categories by at least one Under adverse market conditions, the The ETF invests primarily in ETFs may, for temporary defensive investment grade securities, which are rating agency. The ETF may invest up to 20% of its net assets in high yield purposes, invest up to 100% of its assets securities rated in one of the top four in cash or cash equivalents, including credit quality categories by at least one securities or below investment-grade securities rated BB+ (or comparable) or investment grade short-term obligations. nationally recognized statistical rating To the extent the Fund invokes this organization rating that security (‘‘rating below by a rating agency or, if unrated, determined by McDonnell to be of strategy, its ability to achieve its agency’’). The ETF considers pre- investment objective may be affected refunded bonds or escrowed to maturity comparable quality. The ETF may invest without limit in adversely. municipal securities, regardless of securities issued by the U.S. The Funds will not invest in non-U.S. rating, to be investment grade securities. Government, its agencies and equity securities. The ETF may invest up to 20% of its net instrumentalities, up to 90% of its assets assets in high yield securities or below Investment Policies of the ETFs in mortgage-backed and other asset- The Registration Statement backed securities, (subject to the 20% of Shares contained herein are based on information enumerates investment policies which Fund assets limitation for high yield in the Registration Statement. may be changed with respect to an ETF 6 The benchmark for the Grail McDonnell Intermediate Municipal Bond ETF is the Barclays 7 The benchmark for the Grail McDonnell Core only by a vote of the holders of a 3 to 15 Year National Municipal Bond Index, which Taxable Bond ETF is Barclays Aggregate Index, majority of the ETF’s outstanding voting is a rules-based, market-value-weighted index which represents securities that are SEC-registered, securities. Among these policies are the engineered for the long-term tax-exempt bond taxable, and dollar denominated. The index covers following: (1) Regarding diversification, market. To be included in the index, bonds must the U.S. investment grade fixed rate bond market, be rated investment-grade (Baa3/BBB- or higher) by with index components for government and the ETFs may not invest more than 5% at least two of the following ratings agencies: corporate securities, mortgage pass-through of their total assets (taken at market Moody’s, S&P, and Fitch. securities, and asset-backed securities. value) in securities of any one issuer,

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other than obligations issued or types of options, futures contracts, or Commentary .07 to Rule 8.600 guaranteed by the U.S. Government, its futures options are traded in the future, provides that, if the investment adviser agencies and instrumentalities, or an ETF also may use those instruments, to the Investment Company issuing purchase more than 10% of the voting provided that their use is consistent Managed Fund Shares is affiliated with securities of any one issuer, with respect with the ETF’s investment objective. An a broker-dealer, such investment adviser to 75% of the ETF’s total assets; and (2) ETF may, to the extent specified in the shall erect a ‘‘fire wall’’ between the regarding concentration, the ETFs may Registration Statement, purchase and investment adviser and the broker- not invest more than 25% of their total sell both put and call options on fixed dealer with respect to access to assets in the securities of companies income or other securities or indexes in information concerning the composition primarily engaged in any one industry standardized contracts traded on foreign and/or changes to such Investment or group of industries provided that: (i) or domestic securities exchanges, boards Company portfolio.9 In addition, This limitation does not apply to of trade, or similar entities, or quoted on Commentary .07 further requires that obligations issued or guaranteed by the Nasdaq or on an over-the-counter personnel who make decisions on the U.S. Government, its agencies and market, and agreements, sometimes open-end fund’s portfolio composition instrumentalities; and (ii) municipalities called cash puts, which may accompany must be subject to procedures designed and their agencies and authorities are the purchase of a new issue of bonds to prevent the use and dissemination of not deemed to be industries. from a dealer. An ETF will write call material nonpublic information The ETFs may not invest more than options and put options only if they are regarding the open-end fund’s portfolio. 15% of their net assets in illiquid ‘‘covered.’’ Commentary .07 to Rule 8.600 is similar securities, including time deposits and An ETF may invest in futures to Commentary .03(a)(i) and (iii) to repurchase agreements that mature in contracts and options thereon with NYSE Arca Equities Rule 5.2(j)(3); more than seven days.8 For this respect to, but not limited to, interest however, Commentary .07 in connection purpose, ‘‘illiquid securities’’ are rates and security indexes. An ETF will with the establishment of a ‘‘fire wall’’ securities that the ETF may not sell or only enter into futures contracts and between the investment adviser and the dispose of within seven days in the futures options which are standardized broker-dealer reflects the applicable ordinary course of business at and traded on a U.S. exchange, board of open-end fund’s portfolio, not an approximately the amount at which the trade, or similar entity, or quoted on an underlying benchmark index, as is the ETF has valued the securities. automated quotation system. According case with index-based funds. Grail According to the Registration to the Registration Statement, neither Advisors, LLC is affiliated with a Statement, in addition to the investment the Trust nor the Funds are deemed to broker-dealer, Grail Securities, LLC, and strategies described in the prospectus be ‘‘commodity pools’’ or ‘‘commodity has implemented a fire wall with for the ETFs, the ETFs may invest in pool operators’’ under the Commodity respect to such broker-dealer regarding mortgage- or other asset-backed Exchange Act, and are not subject to access to information concerning the securities. Mortgage-related securities registration or regulation as such under composition and/or changes to a include mortgage pass-through the Commodity Exchange Act. portfolio. The Sub-Adviser is not securities, collateralized mortgage An ETF may engage in swap affiliated with a broker-dealer.10 Any obligations (‘‘CMOs’’), commercial transactions, including, but not limited mortgage-backed securities, mortgage to, swap agreements on interest rates or 9 An investment adviser to an open-end fund is security indexes and specific securities. required to be registered under the Investment dollar rolls, CMO residuals, stripped Advisers Act of 1940 (the ‘‘Advisers Act’’). As a mortgage-backed securities (‘‘SMBSs’’) An ETF also may enter into options on swap agreements (‘‘swap options’’). The result, the Manager and Sub-adviser are subject to and other securities that directly or the provisions of Rule 204A–1 under the Advisers ETFs may purchase or otherwise receive indirectly represent a participation in, Act relating to codes of ethics. This Rule requires warrants or rights. The ETFs may enter or are secured by and payable from, investment advisers to adopt a code of ethics that into repurchase agreements with banks reflects the fiduciary nature of the relationship to mortgage loans on real property. In and broker-dealers. An ETF may invest clients as well as compliance with other applicable pursuing their individual objectives, the securities laws. Accordingly, procedures designed a portion of its assets in cash or cash ETFs may, to the extent permitted by to prevent the communication and misuse of non- items pending other investments or to their investment objective and policies, public information by an investment adviser must maintain liquid assets required in be consistent with Rule 204A–1 under the Advisers purchase and sell (write) both put connection with some of the ETF’s Act. options and call options on securities, 10 investments. These cash items may The Exchange represents that Grail Advisors, swap agreements, securities indexes, LLC, as the investment adviser of the Funds, and include money market instruments, and enter into interest rate and index McDonnell, the sub-adviser, and their related such as securities issued by the U.S. personnel, are subject to Investment Advisers Act futures contracts and purchase and sell Government and its agencies, bankers’ Rule 204A–1. This Rule specifically requires the options on such futures contracts acceptances, commercial paper, and adoption of a code of ethics by an investment adviser to include, at a minimum: (i) Standards of (‘‘futures options’’) for hedging purposes bank certificates of deposit. or to seek to replicate the composition business conduct that reflect the firm’s/personnel Each ETF may invest in municipal fiduciary obligations; (ii) provisions requiring and performance of a particular index, securities. The ETFs may invest in supervised persons to comply with applicable except that the ETFs do not intend to pooled real estate investment vehicles federal securities laws; (iii) provisions that require enter into transactions involving and other real estate-related investments all access persons to report, and the firm to review, currency futures or options. their personal securities transactions and holdings such as securities of companies periodically as specifically set forth in Rule 204A– An ETF also may enter into swap principally engaged in the real estate 1; (iv) provisions requiring supervised persons to agreements with respect to interest rates industry. Each ETF may invest in the report any violations of the code of ethics promptly and indexes of securities. An ETF may securities of other investment to the chief compliance officer (‘‘CCO’’) or, invest in structured notes. If other types provided the CCO also receives reports of all companies to the extent permitted by violations, to other persons designated in the code of financial instruments, including other law. Subject to applicable regulatory of ethics; and (v) provisions requiring the requirements, an ETF may invest in investment adviser to provide each of the 8 This is a non-fundamental investment supervised persons with a copy of the code of ethics restriction applicable to each Fund and may be shares of both open- and closed-end with an acknowledgement by said supervised changed with respect to a Fund by a vote of a investment companies (including persons. In addition, Rule 206(4)–7 under the majority of the Board. money market funds and ETFs). Continued

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additional Fund sub-advisers that are information will be publicly available at fees, portfolio holdings disclosure affiliated with a broker-dealer will be no charge. policies, distributions and taxes is required to implement a fire wall with In addition, for each ETF, an included in the Registration Statement. respect to such broker-dealer regarding estimated value, defined in NYSE Arca All terms relating to the ETFs that are access to information concerning the Equities Rule 8.600 as the ‘‘Portfolio referred to, but not defined in, this composition and/or changes to a Indicative Value,’’ that reflects an proposed rule change are defined in the portfolio. estimated intraday value of the ETF’s Registration Statement. portfolio, will be disseminated. The Availability of Information Portfolio Indicative Value will be based Initial and Continued Listing upon the current value for the The Shares will be subject to NYSE The ETFs’ Web site (http:// components of the Disclosed Portfolio Arca Equities Rule 8.600(d), which sets www.grailadvisors.com), which will be and will be updated and disseminated forth the initial and continued listing publicly available prior to the public by one or more major market data criteria applicable to Managed Fund offering of Shares, will include a form vendors at least every 15 seconds during Shares. The Exchange represents that, of the prospectus for each ETF that may the Core Trading Session. The for initial and/or continued listing, the be downloaded. The Web site will dissemination of the Portfolio Indicative Shares must be in compliance with Rule include additional quantitative Value, together with the Disclosed 10A–3 14 under the Exchange Act, as information updated on a daily basis, Portfolio, will allow investors to provided by NYSE Arca Equities Rule including, for the ETFs: (1) the prior determine the value of the underlying 5.3. A minimum of 100,000 Shares will business day’s reported NAV, mid-point portfolio of an ETF on a daily basis and be outstanding at the commencement of of the bid/ask spread at the time of to provide a close estimate of that value trading on the Exchange. The Exchange calculation of such NAV (the ‘‘Bid/Ask throughout the trading day. will obtain a representation from the Price’’),11 and a calculation of the Information regarding market price issuer of the Shares that the net asset premium and discount of the Bid/Ask and volume of the Shares is and will be value per Share will be calculated daily Price against the NAV; and (2) data in continually available on a real-time and that the net asset value and the chart format displaying the frequency basis throughout the day on brokers’ Disclosed Portfolio will be made distribution of discounts and premiums computer screens and other electronic available to all market participants at of the daily Bid/Ask Price against the services. The previous day’s closing the same time. NAV, within appropriate ranges, for price and trading volume information each of the four previous calendar will be published daily in the financial Trading Halts quarters. On each business day, before section of newspapers. Quotation and With respect to trading halts, the commencement of trading in Shares in last sale information for the Shares will Exchange may consider all relevant the Core Trading Session 12 on the be available via the Consolidated Tape factors in exercising its discretion to Exchange, the Trust will disclose on its Association high-speed line. halt or suspend trading in the Shares of Web site the identities and quantities of On a daily basis, the ETFs will the ETFs. Shares of the ETFs will be the portfolio of securities and other disclose on the ETFs’ Web site for each halted if the ‘‘circuit breaker’’ assets (the ‘‘Disclosed Portfolio’’) held portfolio security or other financial parameters in NYSE Arca Equities Rule by the ETFs that will form the basis for instrument of the ETF the following 7.12 are reached. Trading may be halted the ETFs’ calculation of NAV at the end information: Ticker symbol (if because of market conditions or for of the business day.13 The Web site and applicable), name of security or reasons that, in the view of the financial instrument, number of shares Exchange, make trading in the Shares Advisers Act makes it unlawful for an investment or dollar value of financial instruments inadvisable. These may include: (1) The adviser to provide investment advice to clients held in the portfolio, and percentage extent to which trading is not occurring unless such investment adviser has (i) Adopted and weighting of the security or financial in the securities comprising the implemented written policies and procedures reasonably designed to prevent violation, by the instrument in the portfolio. Disclosed Portfolio and/or the financial investment adviser and its supervised persons, of Investors can also obtain the Trust’s instruments of the ETFs; or (2) whether the Advisers Act and the Commission rules adopted Statement of Additional Information other unusual conditions or thereunder; (ii) implemented, at a minimum, an (‘‘SAI’’), the ETF’s Shareholder Reports, circumstances detrimental to the annual review regarding the adequacy of the and its Form N–CSR and Form N–SAR, policies and procedures established pursuant to maintenance of a fair and orderly subparagraph (i) above and the effectiveness of their filed twice a year. The Trust’s SAI and market are present. Trading in the implementation; and (iii) designated an individual Shareholder Reports are available free Shares will be subject to NYSE Arca (who is a supervised person) responsible for upon request from the Trust, and those Equities Rule 8.600(d)(2)(D), which sets administering the policies and procedures adopted documents and the Form N–CSR and under subparagraph (i) above. forth circumstances under which Shares 11 The Bid/Ask Price of each ETF is determined Form N–SAR may be viewed on-screen of the ETFs may be halted. using the midpoint of the highest bid and the or downloaded from the Commission’s lowest offer on the Exchange as of the time of Web site at http://www.sec.gov. Trading Rules calculation of the NAV. The records relating to Bid/ Information regarding market price and The Exchange deems the Shares to be Ask Prices will be retained by each ETF and its service providers. trading volume of the Shares is and will equity securities, thus rendering trading 12 The Core Trading Session is 9:30 a.m. to 4 p.m. be continually available on a real-time in the Shares subject to the Exchange’s Eastern time. basis throughout the day on brokers’ existing rules governing the trading of 13 Under accounting procedures followed by the computer screens and other electronic equity securities. Shares will trade on ETF, trades made on the prior business day (‘‘T’’) services. Information regarding the the NYSE Arca Marketplace from 4 a.m. will be booked and reflected in NAV on the current business day (‘‘T+1’’). Notwithstanding the previous day’s closing price and trading to 8 p.m. Eastern time in accordance foregoing, portfolio trades that are executed prior to volume information will be published with NYSE Arca Equities Rule 7.34 the opening of the Exchange on any business day daily in the financial section of (Opening, Core, and Late Trading may be booked and reflected in NAV on such newspapers. Additional information Sessions). The Exchange has business day. Accordingly, each ETF will be able to disclose at the beginning of the business day the regarding the Shares and the ETFs, appropriate rules to facilitate portfolio that will form the basis for the NAV including investment strategies, risks, calculation at the end of the business day. creation and redemption procedures, 14 See 17 CFR 240.10A–3.

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transactions in the Shares during all In addition, the Bulletin will (B) institute proceedings to determine trading sessions. The minimum trading reference that the ETFs are subject to whether the proposed rule change increment for Shares on the Exchange various fees and expenses described in should be disapproved. will be $0.01. the Registration Statement. The Bulletin The Exchange has requested will discuss any exemptive, no-action, accelerated approval of this proposed Surveillance and interpretive relief granted by the rule change prior to the 30th day after The Exchange intends to utilize its Commission from any rules under the the date of publication of notice in the existing surveillance procedures Exchange Act. The Bulletin will also Federal Register. The Commission is applicable to derivative products (which disclose that the NAV for the Shares considering granting accelerated includes Managed Fund Shares) to will be calculated after 4:00 p.m. approval of the proposed rule change at monitor trading in the Shares. The Eastern time each trading day. the end of a 15-day comment period. Exchange represents that these procedures are adequate to properly 2. Statutory Basis IV. Solicitation of Comments monitor Exchange trading of the Shares Interested persons are invited to The basis under the Exchange Act for in all trading sessions and to deter and submit written data, views, and this proposed rule change is the detect violations of Exchange rules and arguments concerning the foregoing, requirement under Section 6(b)(5) 16 applicable federal securities laws. including whether the proposed rule that an exchange have rules that are The Exchange’s current trading change is consistent with the Act. designed to prevent fraudulent and surveillance focuses on detecting Comments may be submitted by any of manipulative acts and practices, to securities trading outside their normal the following methods: patterns. When such situations are promote just and equitable principles of detected, surveillance analysis follows trade, to remove impediments to, and Electronic Comments and investigations are opened, where perfect the mechanism of a free and • Use the Commission’s Internet appropriate, to review the behavior of open market and, in general, to protect comment form (http://www.sec.gov/ all relevant parties for all relevant investors and the public interest. The rules/sro.shtml); or trading violations. Exchange believes that the proposed • Send an e-mail to rule- The Exchange may obtain information rule change will facilitate the listing and [email protected]. Please include File via the Intermarket Surveillance Group trading of additional types of exchange- Number SR–NYSEArca–2009–114 on (‘‘ISG’’) from other exchanges who are traded products that will enhance the subject line. members of ISG.15 competition among market participants, In addition, the Exchange also has a to the benefit of investors and the Paper Comments general policy prohibiting the marketplace. In addition, the listing and • Send paper comments in triplicate distribution of material, non-public trading criteria set forth in NYSE Arca to Elizabeth M. Murphy, Secretary, information by its employees. Equities Rule 8.600 are intended to Securities and Exchange Commission, protect investors and the public interest. 100 F Street, NE., Washington, DC Information Bulletin B. Self-Regulatory Organization’s 20549–1090. Prior to the commencement of All submissions should refer to File Statement on Burden on Competition trading, the Exchange will inform its Number SR–NYSEArca–2009–114. This ETP Holders in an Information Bulletin The Exchange does not believe that file number should be included on the (‘‘Bulletin’’) of the special the proposed rule change will impose subject line if e-mail is used. To help the characteristics and risks associated with any burden on competition that is not Commission process and review your trading the Shares. Specifically, the necessary or appropriate in furtherance comments more efficiently, please use Bulletin will discuss the following: (1) of the purposes of the Act. only one method. The Commission will The procedures for purchases and post all comments on the Commission’s redemptions of Shares in Creation Unit C. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ aggregations (and that Shares are not Statement on Comments on the rules/sro.shtml). Copies of the individually redeemable); (2) NYSE Proposed Rule Change Received from submission, all subsequent Arca Equities Rule 9.2(a), which Members, Participants or Others amendments, all written statements imposes a duty of due diligence on its No written comments were solicited with respect to the proposed rule ETP Holders to learn the essential facts or received with respect to the proposed change that are filed with the relating to every customer prior to rule change. Commission, and all written trading the Shares; (3) the risks involved communications relating to the in trading the Shares during the III. Date of Effectiveness of the proposed rule change between the Opening and Late Trading Sessions Proposed Rule Change and Timing for Commission and any person, other than when an updated Portfolio Indicative Commission Action those that may be withheld from the Value will not be calculated or publicly public in accordance with the disseminated; (4) how information Within 35 days of the date of provisions of 5 U.S.C. 552, will be regarding the Portfolio Indicative Value publication of this notice in the Federal available for inspection and copying in is disseminated; (5) the requirement that Register or within such longer period (i) the Commission’s Public Reference ETP Holders deliver a prospectus to as the Commission may designate up to Room, 100 F Street, NE., Washington, investors purchasing newly issued 90 days of such date if it finds such DC 20549, on official business days Shares prior to or concurrently with the longer period to be appropriate and between the hours of 10 a.m. and 3 p.m. confirmation of a transaction; and (6) publishes its reasons for so finding or Copies of the filing also will be available trading information. (ii) as to which the Exchange consents, for inspection and copying at the the Commission will: principal office of the Exchange. All 15 For a list of the current members of ISG, see (A) by order approve such proposed comments received will be posted http://www.isgportal.org. The Exchange notes that rule change, or not all of the components of the Disclosed Portfolio without change; the Commission does for the ETFs may trade on exchanges that are not edit personal identifying members of ISG. 16 15 U.S.C. 78f(b)(5). information from submissions. You

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should submit only information that any comments it received on the non-U.S. currency or currencies and you wish to make available publicly. All proposed rule change. The text of these pays the beneficial owner interest and submissions should refer to File statements may be examined at the other distributions on the deposited Number SR–NYSEArca–2009–114 and places specified in Item IV below. The non-U.S. currency or currencies, if any, should be submitted on or before self-regulatory organization has declared and paid by the trust January 14, 2010. prepared summaries, set forth in (‘‘Funds’’) or (iii) represent commodity For the Commission, by the Division of Sections A, B and C below, of the most pool interests principally engaged, Trading and Markets, pursuant to delegated significant aspects of such statements. directly or indirectly, in holding and/or 17 managing portfolios or baskets of authority. A. Self-Regulatory Organization’s securities, commodity futures contracts, Florence E. Harmon, Statement of the Purpose of, and options on commodity futures contracts, Deputy Secretary. Statutory Basis for, the Proposed Rule [FR Doc. E9–30919 Filed 12–29–09; 8:45 am] swaps, forward contracts and/or options Change on physical commodities and/or non- BILLING CODE 8011–01–P 1. Purpose U.S. currency (‘‘Commodity Pool ETFs’’) ® Recently, the U.S. Securities and or (iv) are issued by the SPDR Gold SECURITIES AND EXCHANGE Exchange Commission (‘‘SEC’’ or Trust are eligible as underlying COMMISSION ‘‘Commission’’) authorized ISE to list securities for options traded on the and trade options on the SPDR Gold Exchange or (v) represents an interest in [Release No. 34–61228; File No. SR–ISE– a registered investment company 2009–106] Trust 3 and on the iShares COMEX Gold Trust and the iShares Silver Trust.4 (‘‘Investment Company’’) organized as Self-Regulatory Organizations; Now, the Exchange proposes to list and an open-end management company or International Securities Exchange, trade options on the ETFS Gold Trust similar entity, that invests in a portfolio of securities selected by the Investment LLC; Notice of Filing of Proposed Rule and the ETFS Silver Trust. Change To List and Trade Options on Under current Rule 502(h), only Company’s investment adviser the ETFS Gold Trust and the ETFS Exchange-Traded Fund Shares, or ETFs, consistent with the Investment Silver Trust that are traded on a national securities Company’s investment objectives and exchange and are defined as an ‘‘NMS’’ policies, which is issued in a specified December 22, 2009. stock under Rule 600 of Regulation aggregate minimum number in return Pursuant to Section 19(b)(1) of the NMS, and that (i) represent interests in for a deposit of a specified portfolio of Securities Exchange Act of 1934 (the registered investment companies (or securities and/or a cash amount with a 1 2 value equal to the next determined net ‘‘Act’’), and Rule 19b–4 thereunder, series thereof) organized as open-end asset value (‘‘NAV’’), and when notice is hereby given that on December management investment companies, aggregated in the same specified 10, 2009, the International Securities unit investment trusts or similar entities minimum number, may be redeemed at Exchange, LLC (the ‘‘Exchange’’ or the that hold portfolios of securities and/or a holder’s request, which holder will be ‘‘ISE’’) filed with the Securities and financial instruments, including, but not paid a specified portfolio of securities Exchange Commission (‘‘Commission’’) limited to, stock index futures contracts, and/or cash with a value equal to the the proposed rule change as described options on futures, options on securities next determined NAV (‘‘Managed Fund in Items I, II, and III below, which items and indices, equity caps, collars and Share’’).5 This rule change proposes to have been prepared by the Exchange. floors, swap agreements, forward expand the types of ETFs that may be The Commission is publishing this contracts, repurchase agreements and notice to solicit comments on the approved for options trading on the reverse repurchase agreements (the Exchange to include the ETFS Gold proposed rule change from interested ‘‘Financial Instruments’’), and money persons. Trust and the ETFS Silver Trust. market instruments, including, but not Apart from allowing the ETFS Gold I. Self-Regulatory Organization’s limited to, U.S. government securities Trust and the ETFS Silver Trust to be Statement of the Terms of Substance of and repurchase agreements (the ‘‘Money underlyings for options traded on the the Proposed Rule Change Market Instruments’’) comprising or Exchange as described above, the listing otherwise based on or representing The Exchange proposes to amend its standards for ETFs will remain investments in broad-based indexes or rules to enable the listing and trading on unchanged from those that apply under portfolios of securities and/or Financial the Exchange of options on the ETFS current Exchange rules. ETFs on which Instruments and Money Market Gold Trust and the ETFS Silver Trust. options may be listed and traded must Instruments (or that hold securities in The text of the proposed rule change is still be listed and traded on a national one or more other registered investment available on the Exchange’s Web site securities exchange and must satisfy the companies that themselves hold such http://www.ise.com, at the principal other listing standards set forth in ISE portfolios of securities and/or Financial office of the Exchange, and at the Rule 502(h). Instruments and Money Market Commission’s Public Reference Room. Specifically, in addition to satisfying Instruments) or (ii) represent interests in the aforementioned listing II. Self-Regulatory Organization’s a trust that holds a specified non-U.S. requirements, ETFs must meet (1) the Statement of the Purpose of, and currency or currencies deposited with criteria and guidelines under ISE Rules Statutory Basis for, the Proposed Rule the trust when aggregated in some 502(a) and (b) or (2) be available for Change specified minimum number may be creation or redemption each business In its filing with the Commission, the surrendered to the trust by the day from or through the issuing trust, Exchange included statements beneficial owner to receive the specified investment company, commodity pool concerning the purpose of, and basis for, or other entity in cash or in kind at a the proposed rule change and discussed 3 See Securities Exchange Act Release No. 57894 price related to net asset value, and the (May 30, 2008), 73 FR 32061 (June 5, 2008) (SR– issuer must be obligated to issue ISE–2008–12). 17 17 CFR 200.30–3(a)(12). 4 See Securities Exchange Act Release No. 59055 Exchange-Traded Fund Shares in a 1 15 U.S.C. 78s(b)(1). (December 4, 2008), 73 FR 75148 (December 10, 2 17 CFR 240.19b–4. 2008) (SR–ISE–2008–58). 5 See ISE Rule 502(h).

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specified aggregate number even if some based, in whole or in part, upon an IV. Solicitation of Comments or all of the investment assets and/or interest in or performance of gold or cash required to be deposited have not silver. Interested persons are invited to been received by the issuer, subject to submit written data, views, and 2. Statutory Basis the condition that the person obligated arguments concerning the foregoing, to deposit the investment assets has The proposed rule change is including whether the proposed rule undertaken to deliver them as soon as consistent with Section 6(b) 8 of the change is consistent with the Act. possible and such undertaking is Securities Exchange Act of 1934 (the Comments may be submitted by any of secured by the delivery and ‘‘Act’’), in general, and furthers the the following methods: maintenance of collateral consisting of objectives of Section 6(b)(5) 9 in cash or cash equivalents satisfactory to particular in that it is designed to Electronic Comments the issuer, as provided in the respective prevent fraudulent and manipulative • Use the Commission’s Internet prospectus. acts and practices, to promote just and comment form (http://www.sec.gov/ The Exchange states that the current equitable principles of trade, to foster rules/sro.shtml); or continued listing standards for options cooperation and coordination with on ETFs will apply to options on the persons engaged in facilitating • Send an e-mail to rule- ETFS Gold Trust and the ETFS Silver transactions in securities, and to remove [email protected]. Please include File Trust. Specifically, under ISE Rule impediments to and perfect the Number SR–ISE–2009–106 on the 503(h), options on Exchange-Traded mechanisms of a free and open market subject line. Fund Shares may be subject to the and a national market system in a Paper Comments suspension of opening transactions as manner consistent with the protection follows: (1) Following the initial twelve- of investors and the public interest. In • Send paper comments in triplicate month period beginning upon the particular, the Exchange believes that to Elizabeth M. Murphy, Secretary, commencement of trading of the amending its rules to accommodate the Securities and Exchange Commission, Exchange-Traded Fund Shares, there are listing and trading of options on the 100 F Street, NE., Washington, DC fewer than 50 record and/or beneficial ETFS Gold Trust and the ETFS Silver 20549–1090. holders of the Exchange-Traded Fund Trust will benefit investors by providing Shares for 30 or more consecutive them with valuable risk management All submissions should refer to File trading days; (2) the value of the tools. Number SR–ISE–2009–106. This file underlying silver or underlying gold is number should be included on the B. Self-Regulatory Organization’s no longer calculated or available; or (3) subject line if e-mail is used. To help the Statement on Burden on Competition such other event occurs or condition Commission process and review your exists that in the opinion of the The proposed rule change does not comments more efficiently, please use Exchange makes further dealing on the impose any burden on competition that only one method. The Commission will Exchange inadvisable. is not necessary or appropriate in post all comments on the Commission’s Additionally, the ETFS Gold Trust furtherance of the purposes of the Act. and the ETFS Silver Trust shall not be Internet Web site (http://www.sec.gov/ deemed to meet the requirements for C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the continued approval, and the Exchange Statement on Comments on the submission, all subsequent shall not open for trading any additional Proposed Rule Change Received From amendments, all written statements series of option contracts of the class Members, Participants or Others with respect to the proposed rule covering the ETFS Gold Trust or the The Exchange has not solicited, and change that are filed with the ETFS Silver Trust, respectively, if the does not intend to solicit, comments on Commission, and all written ETFS Gold Trust or the ETFS Silver this proposed rule change. The communications relating to the Trust ceases to be an ‘‘NMS stock’’ as Exchange has not received any proposed rule change between the provided for in ISE Rule 503(b)(5) or the unsolicited written comments from Commission and any person, other than ETFS Gold Trust or the ETFS Silver members or other interested parties. those that may be withheld from the Trust is halted from trading on its public in accordance with the III. Date of Effectiveness of the primary market. provisions of 5 U.S.C. 552, will be Proposed Rule Change and Timing for The addition of the ETFS Gold Trust available for inspection and copying in Commission Action and the ETFS Silver Trust to ISE Rule the Commission’s Public Reference 502(h) will not have any effect on the Within 35 days of the date of Room, 100 F Street, NE., Washington, rules pertaining to position and exercise publication of this notice in the Federal DC 20549, on official business days 6 7 limits or margin. Register or within such longer period (i) between the hours of 10 a.m. and 3 p.m. The Exchange represents that its as the Commission may designate up to Copies of the filing also will be available surveillance procedures applicable to 90 days of such date if it finds such for inspection and copying at the trading in options the ETFS Gold Trust longer period to be appropriate and principal office of the Exchange. All and the ETFS Silver Trust will be publishes its reasons for so finding or comments received will be posted similar to those applicable to all other (ii) as to which the self-regulatory without change; the Commission does options on other ETFs currently traded organization consents, the Commission on the Exchange. Also, the Exchange will: not edit personal identifying may obtain information from the New (a) By order approve such proposed information from submissions. You York Mercantile Exchange, Inc. rule change, or should submit only information that (‘‘NYMEX’’) (a member of the (b) Institute proceedings to determine you wish to make available publicly. All Intermarket Surveillance Group) related whether the proposed rule change submissions should refer to File to any financial instrument that is should be disapproved. Number SR–ISE–2009–106 and should be submitted on or before January 20, 6 See ISE Rules 412 and 414. 8 15 U.S.C. 78f(b). 2010. 7 See ISE Rule 1202. 9 15 U.S.C. 78f(b)(5).

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For the Commission, by the Division of of those statements may be examined at receive the specified non-U.S. currency, Trading and Markets, pursuant to delegated the places specified in Item IV below. and pays the beneficial owner interest authority.10 The Exchange has prepared summaries, and other distributions on deposited Florence E. Harmon, set forth in sections A, B, and C below, non-U.S. currency, if any, declared and Deputy Secretary. of the most significant parts of such paid by the trust; or (iii) commodity [FR Doc. E9–30917 Filed 12–29–09; 8:45 am] statements. pool interests principally engaged, directly or indirectly, in holding and/or BILLING CODE 8011–01–P A. Self-Regulatory Organization’s managing portfolios or baskets of Statement of the Purpose of, and securities, commodity futures contracts, Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE options on commodity futures contracts, Change COMMISSION swaps, forward contracts and/or options on physical commodities and/or non- [Release No. 34–61222; File No. SR– 1. Purpose NYSEArca–2009–110] Recently, the U.S. Securities and U.S. currency (‘‘Commodity Pool Exchange Commission (‘‘SEC’’ or Units’’), or (iv) represent interests in the Self-Regulatory Organizations; NYSE ‘‘Commission’’) authorized the SPDR Gold Trust, are eligible as Arca, Inc.; Notice of Filing of Proposed Exchange to list and trade options on underlying securities for options traded Rule Change Amending Rule 5.3 the SPDR Gold Trust (‘‘GLD’’) 4 and on on the Exchange or (iv) represent the iShares COMEX Gold Trust (‘‘IAU’’) interests in the SPDR Gold Trust, or (v) December 22, 2009. and the iShares Silver Trust (‘‘SLV’’).5 represent interests in the iShares Pursuant to Section 19(b)(1) 1 of the Now, the Exchange proposes to list and COMEX Gold Trust, or (vi) represent Securities Exchange Act of 1934 (the trade options on the ETFS Silver Trust interests in the iShares Silver Trust, (vii) ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 (‘‘SIVR’’) and the ETFS Gold Trust represents an interest in a registered notice is hereby given that on December investment company (‘‘Investment (‘‘SGOL’’). 4, 2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ Currently, Rule 5.3 deems appropriate Company’’) organized as an open-end or the ‘‘Exchange’’) filed with the for options trading Exchange-Traded management investment company or Securities and Exchange Commission Fund Shares (‘‘ETFs’’ or ‘‘Fund Shares’’ similar entity, that invests in a portfolio (the ‘‘Commission’’) the proposed rule or ‘‘Units’’) that are traded on a national of securities selected by the Investment change as described in Items I, II, and securities exchange and are defined as Company’s investment adviser III below, which Items have been an ‘‘NMS stock’’ in Rule 600(b)(47) of consistent with the Investment prepared by the self-regulatory Regulation NMS and that represent (i) Company’s investment objectives and policies, which is issued in a specified organization. The Commission is interests in registered investment aggregate minimum number in return publishing this notice to solicit companies (or series thereof) organized for a deposit of a specified portfolio of comments on the proposed rule change as open-end management investment securities and/or a cash amount with a from interested persons. companies, unit investment trusts or value equal to the next determined net similar entities that hold portfolios of I. Self-Regulatory Organization’s asset value (‘‘NAV’’), and when securities and/or financial instruments Statement of the Terms of Substance of aggregated in the same specified including, but not limited to, options on the Proposed Rule Change minimum number, may be redeemed at securities and indexes, equity caps, The Exchange proposes to amend a holder’s request, which holder will be collars and floors, swap agreements, certain rules in order to enable the paid a specified portfolio of securities forward contracts, repurchase listing and trading on the Exchange of and/or cash with a value equal to the agreements and reverse purchase options on the ETFS Silver Trust and next determined NAV (‘‘Managed Fund agreements (the ‘‘Financial the ETFS Gold Trust. The text of the Share’’).6 This rule change proposes to Instruments’’), and money market proposed rule change is available on expand the types of ETFs that may be instruments, including, but not limited NYSE Arca’s Web site at http:// approved for options trading on the to, U.S. government securities and www.nyse.com, on the Commission’s Exchange to include the ETFS Silver repurchase agreements (the ‘‘Money Web site at http://www.sec.gov, at NYSE Trust and the ETFS Gold Trust. Market Instruments’’) comprising or Arca, and at the Commission’s Public Apart from allowing the ETFS Silver otherwise based on or representing Reference Room. A copy of this filing is Trust and ETFS Gold Trust to be investments in indexes or portfolios of available on the Exchange’s Web site at underlyings for options traded on the securities and/or Financial Instruments http://www.nyse.com, at the Exchange’s Exchange as described above, the listing and Money Market Instruments (or that principal office and at the Commission’s standards for ETFs will remain hold securities in one or more other Public Reference Room. unchanged from those that apply under registered investment companies that current Exchange rules. ETFs on which II. Self-Regulatory Organization’s themselves hold such portfolios of options may be listed and traded must Statement of the Purpose of, and securities and/or Financial Instruments still be listed and traded on a national Statutory Basis for, the Proposed Rule and Money Marker Instruments); or (ii) securities exchange and must satisfy the Change interests in a trust or similar entity that other listing standards set forth in Rule In its filing with the Commission, the holds a specified non-U.S. currency 5.3(g). self-regulatory organization included deposited with the trust or similar entity Specifically, in addition to satisfying statements concerning the purpose of, when aggregated in some specified the aforementioned listing and basis for, the proposed rule change minimum number may be surrendered requirements, Units must meet either (1) and discussed any comments it received to the trust by the beneficial owner to the criteria and guidelines under Rule on the proposed rule change. The text 5.3(a) and (b) or (2) they must be 4 See Securities Exchange Act Release No. 57894 available for creation or redemption (May 30, 2008), 73 FR 32061 (June 5, 2008) (order 10 each business day from or through the 17 CFR 200.30–3(a)(12). approving SR–NYSEArca–2008–52). 1 15 U.S.C. 78s(b)(1). 5 See Securities Exchange Act Release No. 59055 issuer in cash or in kind at a price 2 15 U.S.C. 78a. (December 4, 2008), 73 FR 238 (December 10, 2008) 3 17 CFR 240.19b–4. (order approving SR–NYSEArca–2008–66). 6 See Rule 5.3(g).

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related to net asset value, and the issuer that is based, in whole or part, upon an Electronic Comments must be obligated to issue Units in a interest in or performance of silver or • specified aggregate number even if some gold. Use the Commission’s Internet or all of the investment assets required comment form (http://www.sec.gov/ 2. Statutory Basis to be deposited have not been received rules/sro.shtml); or by the issuer, subject to the condition The proposed rule change is • Send an e-mail to rule- that the person obligated to deposit the consistent with Section 6(b) 9 of the [email protected]. Please include File investments has undertaken to deliver Securities Exchange Act of 1934 (the Number SR–NYSEArca–2009–110 on the investment assets as soon as ‘‘Act’’) in general, and furthers the the subject line. possible and such undertaking is objectives of Section 6(b)(5) 10 in secured by the delivery and particular in that it is designed to Paper Comments maintenance of collateral consisting of prevent fraudulent and manipulative • cash or cash equivalents satisfactory to Send paper comments in triplicate acts and practices, to promote just and to Elizabeth M. Murphy, Secretary, the issuer, as provided in the respective equitable principles of trade, to foster Securities and Exchange Commission, prospectus. cooperation and coordination with 100 F Street, NE., Washington, DC The Exchange states that the current persons engaged in facilitating 20549–1090. continued listing standards for options transactions in securities, and to remove on ETFs will apply to options on the impediments to and perfect the All submissions should refer to File ETFS Silver Trust and the ETFS Gold mechanisms of a free and open market Number SR–NYSEArca–2009–110. This Trust. Specifically, under Rule 5.4(k), and a national market system. file number should be included on the options on Units may be subject to the subject line if e-mail is used. To help the suspension of opening transactions as B. Self-Regulatory Organization’s follows: (1) Following the initial twelve- Statement on Burden on Competition Commission process and review your month period beginning upon the comments more efficiently, please use The Exchange does not believe that commencement of trading of the Units, only one method. The Commission will the proposed rule change will impose there are fewer than 50 record and/or post all comments on the Commission’s any burden on competition that is not beneficial holders of the Units for 30 or Internet Web site (http://www.sec.gov/ necessary or appropriate in furtherance more consecutive trading days; (2) the rules/sro.shtml). Copies of the of the purposes of the Act. value of the underlying silver or submission, all subsequent underlying gold is no longer calculated C. Self-Regulatory Organization’s amendments, all written statements or available; or (3) such other event Statement on Comments on the with respect to the proposed rule occurs or condition exists that in the Proposed Rule Change Received from change that are filed with the opinion of the Exchange makes further Members, Participants or Others Commission, and all written dealing on the Exchange inadvisable. communications relating to the Additionally, the ETFS Silver Trust No written comments were solicited proposed rule change between the or received with respect to the proposed and the ETFS Gold Trust shall not be Commission and any person, other than rule change. deemed to meet the requirements for those that may be withheld from the continued approval, and the Exchange III. Date of Effectiveness of the public in accordance with the shall not open for trading any additional Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be series of option contracts of the class Commission Action available for inspection and copying in covering the ETFS Silver Trust or the the Commission’s Public Reference Within 35 days of the date of ETFS Gold Trust, respectively, if the Room, 100 F Street, NE., Washington, ETFS Silver Trust or the ETFS Gold publication of this notice in the Federal DC 20549, on official business days Trust ceases to be an ‘‘NMS stock’’ as Register or within such longer period (i) between the hours of 10 a.m. and 3 p.m. provided for in Rule 5.4(b)(5) or the as the Commission may designate up to Copies of the filing also will be available ETFS Silver Trust or the ETFS Gold 90 days of such date if it finds such Trust is halted from trading on its longer period to be appropriate and for inspection and copying at the primary market. publishes its reasons for so finding or principal office of the Exchange. All The addition of the ETFS Silver Trust (ii) as to which the self-regulatory comments received will be posted and the ETFS Gold Trust to Rule 5.3(g) organization consents, the Commission without change; the Commission does will not have any effect on the rules will: not edit personal identifying pertaining to position and exercise (A) By order approve the proposed information from submissions. You limits 7 or margin.8 rule change, or should submit only information that The Exchange represents that its you wish to make available publicly. All (B) Institute proceedings to determine surveillance procedures applicable to whether the proposed rule change submissions should refer to File trading in options on the ETFS Silver should be disapproved. Number SR–NYSEArca–2009–110 and Trust and the ETFS Gold Trust will be should be submitted on or before similar to those applicable to all other IV. Solicitation of Comments January 20, 2010. options on other ETFs currently traded on the Exchange. Also, the Exchange Interested persons are invited to For the Commission, by the Division of submit written data, views, and Trading and Markets, pursuant to delegated may obtain information from the New 11 York Mercantile Exchange, Inc. arguments concerning the foregoing, authority. (‘‘NYMEX’’) (a member of the including whether the proposed rule Florence E. Harmon, Intermarket Surveillance Group) related change is consistent with the Act. Deputy Secretary. to any financial instrument traded there Comments may be submitted by any of [FR Doc. E9–30915 Filed 12–29–09; 8:45 am] the following methods: BILLING CODE 8011–01–P 7 See Rule 6.8 regarding positions limits, and Rule 6.9 regarding exercise limits. 9 15 U.S.C. 78f(b). 8 See Rules 4.15 and 4.16 regarding margins. 10 15 U.S.C. 78f(b)(5). 11 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s request for a different hearing location COMMISSION Statement of the Purpose of, and in the customer’s state of residence.4 Statutory Basis for, the Proposed Rule FINRA believes the proposal is [Release No. 34–61217; File No. SR–FINRA– Change customer-friendly because it gives 2009–073] customers more control over the 1. Purpose arbitration process, by providing them Self-Regulatory Organizations; Hearing Location Selection under the with a choice of hearing locations. Financial Industry Regulatory Customer Code: Hearing Location Selection under the Authority, Inc.; Notice of Filing of Currently, Rule 12213(a) of the Industry Code: Proposed Rule Change To Amend the Customer Code states that generally, the Rule 13213(a) of the Industry Code Hearing Location Rules of the Codes Director of FINRA Dispute Resolution states, in relevant part, that in cases of Arbitration Procedure for Customer (‘‘Director’’) will select the hearing involving an associated person, the and Industry Disputes December 22, location closest to the customer’s Director will generally select the hearing 2009. residence at the time of the events location closest to where the associated giving rise to the dispute. FINRA has person was employed at the time of the Pursuant to Section 19(b)(1) of the determined that its policy concerning events giving rise to the dispute. FINRA Securities Exchange Act of 1934 has not received requests from 1 2 selection of a hearing location under the (‘‘Act’’) and Rule 19b–4 thereunder, Customer Code may be broader than the associated persons for different hearing notice is hereby given that Financial rule describes. locations, other than the closest hearing Industry Regulatory Authority, Inc. Under the current rule in the location under the current rule. (‘‘FINRA’’) (f/k/a National Association Customer Code, for example, if a However, FINRA believes that of Securities Dealers, Inc. (‘‘NASD’’)) customer in an arbitration proceeding associated persons also should have the filed with the Securities and Exchange lives in Hoboken, New Jersey, the option to select a hearing location in Commission (‘‘SEC’’ or ‘‘Commission’’) Director will select the New York City their state of employment at the time of on October 28, 2009, the proposed rule hearing location, because this hearing the events giving rise to the dispute, if change as described in Items I, II, and location is closer to the customer’s the closest hearing location to their III below, which Items have been residence, Hoboken,3 than FINRA’s employment is in a different state. substantially prepared by FINRA. The Newark, New Jersey hearing location. Thus, FINRA is proposing to amend Commission is publishing this notice to There have been instances, however, Rule 13213(a) of the Industry Code in solicit comments on the proposed rule in which the Director has granted two ways. First, FINRA would broaden change from interested persons. customers’ requests to select a hearing the criteria for selecting the appropriate I. Self-Regulatory Organization’s location in their state of residence at the hearing location by referring to the time Statement of the Terms of Substance of time of the events giving rise to the of the events giving rise to the dispute. the Proposed Rule Change dispute, even though the in-state FINRA notes that this amendment hearing location may not be the closest clarifies current practice and makes the FINRA Dispute Resolution is hearing location. Thus, in the example rule language under the Industry Code proposing to amend Rules 12213(a) and above, if the customer requests the consistent with the comparable rule 13313(a) of the Code of Arbitration Newark, New Jersey hearing location, under the Customer Code. The second Procedure for Customer Disputes the Director generally will grant the change to Rule 13213(a) would allow an (‘‘Customer Code’’) and the Code of request, even though the closest hearing associated person to request a different Arbitration Procedure for Industry location is the New York City location. hearing location, other than the closest Disputes (‘‘Industry Code’’), The Director typically attempts to honor hearing location. Specifically, the respectively, to expand the criteria for such requests as a convenience to public proposal would state that the Director selecting a hearing location for an customers. will select the hearing location closest arbitration proceeding. FINRA is proposing, therefore, to to where the associated person was The text of the proposed rule change amend Rule 12213(a) of the Customer employed at the time of the events is available on FINRA’s Web site at Code to add this criterion for selecting giving rise to the dispute, unless the http://www.finra.org, at the principal a hearing location. The proposed hearing location closest to the office of FINRA and at the amendment to the rule would state that associated person’s employment is in a Commission’s Public Reference Room. the Director will select the hearing different state. In that case, the II. Self-Regulatory Organization’s location closest to the customer’s associated person may request a hearing Statement of the Purpose of, and residence at the time of the events location in his or her state of Statutory Basis for, the Proposed Rule giving rise to the dispute, unless the employment at the time of the events Change hearing location closest to the giving rise to the dispute. customer’s residence is in a different Under the proposal, the Director In its filing with the Commission, state. In that case, the customer may would continue to select the hearing FINRA included statements concerning request a hearing location in the location closest to where the associated the purpose of and basis for the customer’s state of residence at the time person was employed at the time of the proposed rule change and discussed any of the events giving rise to the dispute. comments it received on the proposed 4 Under the proposal, the Director If the customer requests a different hearing rule change. The text of these statements location other than the location closest to the would continue to select the hearing may be examined at the places specified customer’s residence at the time of the events giving location closest to the customer’s in Item IV below. FINRA has prepared rise to the dispute and makes the request before the residence at the time of the events arbitrator or arbitrators are selected, the Director summaries, set forth in Sections A, B, giving rise to the dispute. However, the will grant the request. If the customer requests a and C below, of the most significant different hearing location other than the location Director would honor a customer’s aspects of such statements. closest to the customer’s residence at the time of the events giving rise to the dispute and makes the 3 Hoboken, New Jersey is less than a mile by ferry request after the arbitrator or arbitrators are 1 15 U.S.C. 78s(b)(1). across the Hudson River from FINRA’s New York selected, the customer must submit the request to 2 17 CFR 240.19b–4. City hearing location. the arbitrator or panel.

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events giving rise to the dispute. organization consents, the Commission All submissions should refer to the However, the Director would honor an will: File Number SR–FINRA–2009–073 and associated person’s request for a (A) By order approve such proposed should be submitted on or before different hearing location in the rule change, or January 20, 2010. associated person’s state of (B) Institute proceedings to determine 5 For the Commission, by the Division of employment. FINRA believes the whether the proposed rule change Trading and Markets, pursuant to delegated proposal would benefit associated should be disapproved. authority.7 persons by providing them with a choice of hearing locations. IV. Solicitation of Comments Florence E. Harmon, Deputy Secretary. 2. Statutory Basis Interested persons are invited to submit written data, views, and [FR Doc. E9–30913 Filed 12–29–09; 8:45 am] FINRA believes that the proposed rule arguments concerning the foregoing, BILLING CODE 8011–01–P change is consistent with the provisions 6 including whether the proposed rule of Section 15A(b)(6) of the Act, which change is consistent with the Act. The requires, among other things, that Commission in particular requests SECURITIES AND EXCHANGE FINRA rules must be designed to comment on the effect of allowing COMMISSION prevent fraudulent and manipulative customers or associated persons to acts and practices, to promote just and request a different hearing location after [Release No. 34–61207; File No. SR–Phlx– equitable principles of trade, and, in the arbitrator or arbitrators have been 2009–84] general, to protect investors and the selected. Comments may be submitted public interest. The proposed rule by any of the following methods: Self-Regulatory Organizations; change is consistent with FINRA’s NASDAQ OMX PHLX, Inc.; Order statutory obligations under the Act to Electronic Comments Approving Proposed Rule Change, as protect investors and the public interest • Use the Commission’s Internet Modified by Amendment No. 1 Thereto, because the proposal would assist in the comment form (http://www.sec.gov/ To Amend Rules Relating to Conduct efficient administration of the rules/sro.shtml); or of Business on the Exchange arbitration process by giving customers • Send an e-mail to rule- and associated persons more control December 18, 2009. over where the arbitration would be [email protected]. Please include File held. Number SR–FINRA–2009–073 on the On October 29, 2009, NASDAQ OMX subject line. PHLX, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed B. Self-Regulatory Organization’s Paper Comments with the Securities and Exchange Statement on Burden on Competition Commission (‘‘Commission’’), pursuant FINRA does not believe that the • Send paper comments in triplicate to Section 19(b)(1) of the Securities proposed rule change will result in any to Elizabeth M. Murphy, Secretary, Exchange Act of 1934 (‘‘Act’’) 1 and Rule burden on competition that is not Securities and Exchange Commission, 19b–4 thereunder,2 a proposed rule necessary or appropriate in furtherance 100 F Street, NE., Washington, DC change that would: (i) Create an of the purposes of the Act, as amended. 20549–1090. expedited hearing process for members All submissions should refer to File posing an immediate threat to the safety C. Self-Regulatory Organization’s Number SR–FINRA–2009–073. This file of persons or property, seriously Statement on Comments on the number should be included on the disrupting Exchange operations, or who Proposed Rule Change Received From subject line if e-mail is used. To help the Members, Participants, or Others are in possession of a firearm on the Commission process and review your Exchange trading floor; (ii) increase the Written comments were neither comments more efficiently, please use time period a member may be solicited nor received by FINRA. only one method. The Commission will physically excluded from the trading III. Date of Effectiveness of the post all comments on the Commission’s floor; (iii) increase the maximum Proposed Rule Change and Timing for Internet Web site (http://www.sec.gov/ amount a member may be fined Commission Action rules/sro.shtml). Copies of the pursuant to Rule 60; (iv) amend submission, all subsequent language applicable to contesting Within 35 days of the date of amendments, all written statements citations and create a forum fee of $100 publication of this notice in the Federal with respect to the proposed rule for contesting citations; (v) add language Register or within such longer period (i) change that are filed with the to explicitly prohibit alcohol and illegal as the Commission may designate up to Commission, and all written controlled substances on the trading 90 days of such date if it finds such communications relating to the floor; (vi) increase fines for various longer period to be appropriate and proposed rule change between the regulations; (vii) require non-member publishes its reasons for so finding or Commission and any person, other than visitors who are performing contract (ii) as to which the self-regulatory those that may be withheld from the work at the Exchange on behalf of public in accordance with the members to provide a certificate of 5 If the associated person requests a different hearing location other than the location closest to provisions of 5 U.S.C. 552, will be insurance and add fines for failure to where the associated person was employed at the available for inspection and copying in provide proof of insurance; (viii) add a time of the of the events giving rise to dispute and the Commission’s Public Reference rule to limit exchange liability and makes the request before the arbitrator or arbitrators Room, 100 F Street, NE., Washington DC are selected, the Director will grant the request. If require reimbursement of certain the associated person requests a different hearing 20549–1090. All comments received expenses; (ix) amend the disciplinary location other than the location closest to where the will be posted without change; the rules to allow Enforcement Staff to associated person was employed at the time of the Commission does not edit personal request a hearing; and (x) increase the of the events giving rise to dispute and makes the identifying information from request after the arbitrator or arbitrators are selected, the associated person must submit the submissions. You should submit only 7 17 CFR 200.30–3(a)(12). request to the arbitrator or panel. information that you wish to make 1 15 U.S.C. 78s(b)(1). 6 15 U.S.C. 78o–3(b)(6). available publicly. 2 17 CFR 240.19b–4.

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limit on fines from $5,000 to $10,000 In approving this proposed rule known as Egyptian al-Jihad, also known and add clarifying language to Rule 970. change, the Commission in no way as Jihad Group, also known as New On November 6, 2009, Phlx filed minimizes the importance of Jihad, has merged with al-Qa’ida, and Amendment No. 1. The proposed rule compliance with Phlx rules and all that the relevant circumstances change, as amended, was published for other rules subject to the imposition of described in Section 219(a)(1) of the comment in the Federal Register on fines under the MRP. The Commission INA still exist with respect to that November 17, 2009.3 The Commission believes that the violation of any self- organization. received no comments on the proposal. regulatory organization’s rules, as well Therefore, I hereby determine that the This order approves the proposed rule as Commission rules, is a serious matter. amendment of the designation of al- change. However, the MRP provides a Jihad, and its aliases, as a foreign After careful consideration, the reasonable means of addressing rule terrorist organization, pursuant to Commission finds that the proposed violations that do not rise to the level of Section 219 of the INA (8 U.S.C. 1189), rule change is consistent with the requiring formal disciplinary shall be maintained as a designated alias requirements of the Act and the rules proceedings, while providing greater of al-Qa’ida, as provided for in 74 FR and regulations thereunder applicable to flexibility in handling certain violations. 4069 (January 22, 2009). a national securities exchange.4 In The Commission expects that Phlx will This determination shall be published particular, the Commission believes that continue to conduct surveillance with in the Federal Register. the proposed rule change is consistent due diligence and make a determination Dated: December 18, 2009. 5 with Section 6(b)(5) of the Act in that based on its findings, on a case-by-case James B. Steinberg, it is designed to promote just and basis, whether a fine of more or less Deputy Secretary of State. equitable principles of trade, to remove than the recommended amount is impediments to and perfect the [FR Doc. E9–30835 Filed 12–29–09; 8:45 am] appropriate for a violation under the BILLING CODE 4710–10–P mechanism of a free and open market MRP or whether a violation requires and a national market system, and, in formal disciplinary action. general to protect investors and the It is therefore ordered, pursuant to DEPARTMENT OF TRANSPORTATION public interest. The Commission Section 19(b)(2) of the Act 8 and Rule believes the proposed rule change may 19d–1(c)(2) under the Act,9 that the Federal Railroad Administration facilitate prompt, appropriate, and proposed rule change (SR–Phlx–2009– effective discipline for violations of 84), as amended, be, and hereby is, Environmental Impact Statement for Rule 60 and the regulations thereunder approved and the minor rule plan the California High-Speed Train Project designed to maintain order on the amendment is declared effective. from Merced to Sacramento, CA Exchange. With regard to the proposed rule For the Commission, by the Division of AGENCY: Federal Railroad change’s amendments to the Phlx’s Trading and Markets, pursuant to delegated Administration (FRA), U.S. Department 10 Minor Rule Plan (‘‘MRP’’), the authority. of Transportation (DOT). Commission also believes that the Florence E. Harmon, ACTION: Notice of intent to prepare an proposed rule change is consistent with Deputy Secretary. environmental impact statement. Sections 6(b)(1) and 6(b)(6) of the Act,6 [FR Doc. E9–30912 Filed 12–29–09; 8:45 am] which require that the rules of an BILLING CODE 8011–01–P SUMMARY: This notice is to advise the exchange enable the exchange to enforce public that FRA and the California compliance with, and provide High-Speed Rail Authority (Authority) will jointly prepare a project appropriate discipline for, violations of DEPARTMENT OF STATE Commission and Exchange rules. Environmental Impact Statement (EIS) Furthermore, the Commission believes [Public Notice 6858] and a project Environmental Impact that the proposed changes to the MRP Report (EIR) for the Merced to should strengthen the Exchange’s ability In the Matter of the Review of the Sacramento Section of the Authority’s to carry out its oversight and Designation of al-Jihad AKA Egyptian proposed California High-Speed Train enforcement responsibilities as a self- Islamic Jihad AKA Egyptian al-Jihad (HST) System in compliance with regulatory organization in cases where AKA Jihad Group AKA New Jihad as relevant State and Federal laws, in full disciplinary proceedings are a Foreign Terrorist Organization particular the National Environmental unsuitable in view of the minor nature Pursuant to Section 219 of the Policy Act (NEPA) and the California of the particular violation. Therefore, Immigration and Nationality Act, as Environmental Quality Act (CEQA). The the Commission finds that the proposed Amended San Joaquin Regional Rail Commission (SJRRC) is interested in providing rule change amending the MRP is Based upon a review of the intercity and commuter regional rail consistent with the public interest, the Administrative Record assembled in passenger services within this section of protection of investors, or otherwise in this matter pursuant to Section the HST System connecting to the furtherance of the purposes of the Act, 219(a)(4)(C) of the Immigration and Altamont Corridor Rail Project. FRA is as required by Rule 19d–1(c)(2) under Nationality Act, as amended (8 U.S.C. 7 issuing this Notice to alert interested the Act, which governs minor rule 1189(a)(4)(C)) (‘‘INA’’), and in parties and solicit public and agency violation plans. consultation with the Attorney General input into the development of the scope and the Secretary of the Treasury, I 3 of the EIS and to advise the public that Securities Exchange Act Release No. 60961 conclude that there is a sufficient (November 6, 2009), 74 FR 59279. outreach activities conducted by the factual basis to find that al-Jihad, also 4 In approving this proposed rule change, the Authority and their representatives will known as Egyptian Islamic Jihad, also Commission notes that it has considered the be considered in the preparation of the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 8 15 U.S.C. 78s(b)(2) combined EIR/EIS. The U.S. Army 5 15 U.S.C. 78f(b)(5). 9 17 CFR 240.19d–1(c)(2). Corps of Engineers may serve as a 6 15 U.S.C. 78f(b)(5) and 78f(b)(6). 10 17 CFR 200.30–3(a)(12); 17 CFR 200.30– cooperating agency for the preparation 7 17 CFR 240.19d–1(c)(2). 3(a)(44). of the EIR/EIS.

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In 2001, the Authority and FRA facilities, and stations along the economic, or environmental issues started a tiered environmental review preferred alternative corridors from related to potential alternatives. process for the HST System and in 2005, Merced to Sacramento. Agency Responsibilities completed the first tier California High- DATES: Written comments on the scope Speed Train Program EIR/EIS of the Merced to Sacramento HST The Authority was established in (Statewide Program EIR/EIS) and Project EIR/EIS should be provided to 1996 and is authorized and directed by approved the statewide HST System for the Authority by 5 p.m., Friday, statute to undertake the planning and intercity travel in California between the February 26, 2010. Public scoping development of a proposed statewide major metropolitan centers of meetings are scheduled from January 20, HST network that is fully coordinated Sacramento and the San Francisco Bay 2010 to January 28, 2010, at the times, with other public transportation Area in the north, through the Central dates, and locations listed below. services. The Authority adopted a Final Business Plan in June 2000, which Valley, to Los Angeles and San Diego in ADDRESSES: Written comments on the the south. The approved HST System reviewed the economic feasibility of an scope of this EIR/EIS should be sent to 800-mile-long HST capable of operating would be about 800-miles long, with Mr. Dan Leavitt, Deputy Director, electric propulsion and steel-wheel-on- speeds in excess of 200 mph on a mostly ATTN: Merced to Sacramento HST dedicated, fully grade-separated state-of- steel-rail trains capable of maximum Project EIR/EIS, California High-Speed operating speeds of 220 miles per hour the-art track. The Authority released Rail Authority, 925 L Street, Suite 1425, updated business plans in November (mph) on a mostly dedicated system of Sacramento, CA 95814, or via e-mail fully grade-separated, access-controlled 2008, and on December 14, 2009. with subject line ‘‘Merced to steel track with state-of-the-art safety, The FRA has responsibility for Sacramento Section’’ to: signaling, communication, and overseeing the safety of railroad [email protected]. Comments may automated train control systems. In operations, including the safety of any also be provided orally or in writing at approving the HST System, the proposed high-speed ground the scoping meetings scheduled at the Authority and FRA also selected transportation system. For the proposed following locations: corridors/general alignments and station project, FRA may need to take certain • Stockton, CA, January 20, 2010, location options throughout most of the regulatory actions prior to operation. from 3 p.m. to 7 p.m., San Joaquin system. The Statewide Program EIR/EIS The FRA is also authorized to provide Council of Governments, 555 E. Weber selected the Union Pacific Railroad Federal funding for intercity passenger Avenue, Stockton, CA. rail capital investments through high- Company (UPRR) corridor for the high- • Merced, CA, January 21, 2010, from speed and intercity passenger rail grant speed train route from Sacramento 3 p.m. to 7 p.m., Merced Senior Center, south to Stockton and the Burlington programs created in the Passenger Rail 755 W. 15th Street, Merced, CA. Investment and Improvement Act of Northern Santa Fe (BNSF) railroad • Sacramento, CA, January 27, 2010, corridor from Stockton south to Merced. 2008. from 3 p.m. to 7 p.m., Amtrak Depot, The SJRRC manages and operates the Consistent with the Clean Water Act Model Room, 301 I Street, Sacramento, implementing regulations and because current Altamont Commuter Express CA. (ACE) service between Stockton and San the UPRR alignment option may have • Modesto, CA, January 28, 2010, more potential impacts to waters and Jose. The SJRRC and the Authority have from 3 p.m. to 7 p.m., Modesto Center signed a Memorandum of biological resources, the Central Plaza, 1000 L Street, Modesto, CA. California Traction (CCT) alignment Understanding (MOU), which FOR FURTHER INFORMATION CONTACT: between Sacramento and Stockton will Mr. recognizes their mutual interest in the also be evaluated as part of the Project David Valenstein, Environmental development of this section of the HST EIR/EIS. Program Manager, Office of Railroad System and that establishes SJRRC as a In 2008, the Authority and FRA Development, Federal Railroad local partner for the development of the completed a second program EIR/EIS to Administration, 1200 New Jersey Merced to Sacramento HST Project. Avenue, SE (Mail Stop 20), Washington, evaluate and select general alignments Background and station locations within the broad DC 20590 (telephone (202) 493–6368); corridor between and including the or Mr. Dan Leavitt, Deputy Director, In 2005, the Authority and FRA Altamont Pass and the Pacheco Pass to ATTN: Merced to Sacramento HST completed the Statewide Program EIR/ connect the Bay Area and Central Valley Project EIR/EIS, California High-Speed EIS for the Proposed California High- portions of the HST System. The Rail Authority, 925 L Street, Suite 1425, Speed Train System High-Speed as the Authority and FRA selected the Pacheco Sacramento, CA 95814 (telephone (916) first phase of a tiered environmental Pass with the San Francisco and San 324–1541). review process. The Authority certified Jose termini network alternative, as well SUPPLEMENTARY INFORMATION: the Statewide Program EIR under CEQA as preferred corridor alignments and and approved the proposed HST Scoping station location options. The UPRR System. FRA issued a Record of corridor was selected as the preferred The FRA, the Authority, and SJRRC Decision on the Statewide Program EIR/ alignment through the portion of the invite all interested individuals, EIS as required under NEPA. The Central Valley from south of Stockton to organizations, public agencies, and Statewide Program EIR/EIS established Merced and the BNSF corridor was Native American Tribes to comment on the purpose and need for the HST recommended for further study in this the scope of the EIS, including the System and compared the proposed area for the Project EIR/EIS. project’s purpose and need, the HST System with both a No Project/No The preparation of the Merced to alternatives to be studied, the impacts to Action Alternative and a Modal Sacramento HST Project EIR/EIS will be evaluated, and the evaluation Alternative. In approving the Statewide involve the development of preliminary methods to be used. Comments should Program EIR/EIS, the Authority and engineering designs and the assessment focus on: Alternatives that may be less FRA selected the HST Alternative, of potential environmental effects costly or have fewer environmental or selected certain corridors/general associated with the construction, community impacts while achieving alignments and general station locations operation, and maintenance of the HST similar transportation objectives and the for further study, incorporated System, including track, ancillary identification of any significant social, mitigation strategies and design

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practices, and specified further powered steel wheel trains; and (4) UPRR railroad alignment through the measures to guide the development of provide a transportation system that is portion of the Central Valley from the HST System during the site-specific commercially viable. The need for an Merced to south of Stockton as the project environmental review to avoid HST System is directly related to the preferred alternative. This Project EIR/ and minimize potential adverse expected growth in population, and EIS will also evaluate the BNSF railroad environmental impacts. Additional increases in intercity travel demand in alignment in this part of the Central consideration will be given to the California over the next twenty years Valley because of the uncertainty of potential operation of a regional and beyond. With the growth in travel negotiating with the UPRR for some of passenger rail service in this section of demand, there will be an increase in their right-of-way. In the Statewide the Authority’s HST System travel delays arising from the growing Program EIR/EIS, the Authority and infrastructure by SJRRC, who may congestion on California’s highways and FRA selected the UPRR alignment as the potentially develop additional regional at its airports. In addition, there will be preferred alternative from Stockton to stations for such a service. negative effects on the economy, quality Sacramento. However, because the The Merced to Sacramento HST of life, and air quality in and around Statewide Program EIR/EIS concluded Project EIR/EIS will tier from the California’s metropolitan areas from an that the UPRR alignment has more Statewide Program EIR/EIS and the Bay increasingly congested transportation potential impacts to waters and Area to Central Valley HST Program system that will become less reliable as biological resources than the CCT EIR/EIS in accordance with Council on travel demand increases. The intercity alignment option, the CCT alignment Environmental Quality (CEQ) highway system, commercial airports, will also be evaluated in this Project regulations, (40 CFR 1508.28), the State and conventional passenger rail serving EIR/EIS between Stockton and CEQA Guidelines (14 California Code of the intercity travel market are currently Sacramento. In the Central Valley, the Regulations 15168(b)) and FRA’s operating at or near capacity, and will HST System would operate at speeds up Procedures for Considering require large public investments for to 220 mph on tracks separate from the Environmental Impacts (64 FR 28545 maintenance and expansion to meet existing BNSF and UPRR tracks. Further (May 26, 1999)). Tiering ensures that the existing demand and future growth. The engineering studies to be undertaken as Merced to Sacramento HST Project EIR/ proposed HST System is designed to part of this EIR/EIS process will EIS builds upon program analysis and address some of the social, economic examine and refine alignments in the decisions made with the Statewide and environmental problems associated BNSF and UPRR corridors. The entire Program EIR/EIS and the Bay Area to with transportation congestion in alignment would be grade-separated. In Central Valley HST Program EIR/EIS. California. In addition to serving a addition, alternative sites for right-of- The Merced to Sacramento HST Project statewide need, the project will consider way maintenance, train storage EIS the viability of sharing track with facilities, and a fleet storage/service and regionally operated services which may inspection/light maintenance facility in The Project EIR/EIS will describe site- serve additional regional stations (that Sacramento will be evaluated. Finally, specific environmental impacts, identify would not be used by HST trains) features necessary to accommodate specific mitigation measures to address located between the HST stations connections to the Altamont Rail those impacts, and will incorporate identified on the statewide HST System. Corridor Project between Stockton and design features to avoid and minimize Alternatives: The Merced to Modesto will be identified and potential adverse environmental Sacramento HST Project EIR/EIS will evaluated. impacts. The FRA and the Authority consider a No Action or No Project Preferred station locations selected by will assess the site characteristics, size, Alternative and an HST Alternative for the Authority and FRA through the nature, and timing of the proposed the Merced to Sacramento section. Statewide Program EIR/EIS will be project to determine whether the No Action Alternative: The No Action evaluated for Sacramento and Stockton. impacts are potentially significant and Alternative (No Project or No Build) These stations are downtown whether impacts can be avoided or represents the conditions in the corridor Sacramento, and downtown Stockton. mitigated. This Project EIR/EIS will as it existed in 2009, and as it would In addition, the preferred downtown identify and evaluate reasonable and exist based on programmed and funded Modesto station location selected by the feasible site-specific alignment improvements to the intercity Authority and FRA through the Bay alternatives, and evaluate the impacts of transportation system and other Area to Central Valley HST Program construction, operation, and reasonably foreseeable projects through EIR/EIS on the UPRR alignment and the maintenance of the HST System. 2035, taking into account the following ‘‘Amtrak Briggsmore’’ site on the BNSF Information and documents regarding sources of information: the State alignment will also be evaluated in the this HST environmental review process Transportation Improvement Program Merced to Sacramento HST Project EIR/ will be made available through the (STIP) and Regional Transportation EIS to serve the Modesto area. The Authority’s Internet site: http:// Plans (RTPs) for all modes of travel, station in Merced will be analyzed in www.cahighspeedrail.ca.gov/. airport plans, intercity passenger rail the separate EIR/EIS for the Merced to Purpose and Need of the Proposed plans, as well as city and county plans. Fresno section of the HST System. Project: The purpose of Merced to HST Alternative: The Authority Alternative station sites at or near the Sacramento HST Project is to implement proposes to construct, operate and selected station locations may be the statewide HST System along the maintain an electric-powered steel- identified and evaluated. Additional corridors selected in program-level wheel-on-steel-rail HST System, about regional stations which potentially documents that will: (1) Link Southern 800 miles long, capable of operating could be served by regional trains (but California cities, the Central Valley, speeds of 220 mph on mostly dedicated, not HST services) may also be identified Sacramento, and Bay Area; (2) provide fully grade-separated, access controlled and evaluated. a new transportation option that tracks, with state-of-the-art safety, increases mobility throughout signaling, and automated train control The EIS Process California; (3) provide reliable HST systems. As part of the Bay Area to The purpose of the EIR/EIS process is service that delivers predictable and Central Valley HST Program EIR/EIS, to explore in a public setting the consistent travel times using electric the Authority and FRA selected the potentially significant effects of

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implementing the proposed action on Environmentally Damaging Practicable National Historic Preservation Act of the physical, human, and natural Alternative (LEDPA) by the U.S. Army 1966 (16 U.S.C. 470f). In accordance environment. The FRA and the Corps of Engineers. with regulations issued by the Advisory Authority will continue the tiered In concert with the spirit of the CEQ’s Council on Historic Preservation, 36 evaluation of all significant NEPA regulations, FRA will encourage CFR part 800, FRA intends to coordinate environmental, social, and economic incorporation by reference (40 CFR compliance with Section 106 of this Act impacts of the construction and 1502.21) of preceding planning and with the preparation of the EIR/EIS, operation of the Merced to Sacramento environmental documents. Also, it is beginning with the identification of Section of the HST System. Areas of one of the mandates of the CEQ consulting parties through the scoping investigation will be developed during regulations that Federal agency’s reduce process, in a manner consistent with the the scoping process and may include, paperwork (§ 1500.4), produce a standards set out in 36 CFR 800.8. reasonable number of pages without but not be limited to, transportation Issued in Washington, DC on December 23, impacts; safety and security; land use being overwhelming (§ 1502.7) and 2009. and zoning; indirect and cumulative create environmental documents that Paul Nissenbaum, impacts; land acquisition, are written in plain language and are displacements, and relocations; cultural highly accessible to the reader Director, Office of Passenger and Freight Programs, Federal Railroad Administration. resource impacts, including impacts on (§ 1502.8). The NEPA document will historical and archaeological resources emphasize graphics, virtual simulation, [FR Doc. E9–30963 Filed 12–29–09; 8:45 am] and parklands/recreation areas; and an accessible narrative format. BILLING CODE 4910–06–P neighborhood compatibility and Technical documentation will be environmental justice; natural resource established in appendices. impacts including air quality, wetlands, Scoping and Comments: FRA DEPARTMENT OF THE TREASURY water resources, noise, vibration, encourages broad participation in the energy, wildlife; and ecosystems, EIS process during scoping and review Submission for OMB Review; including endangered species and of the resulting environmental Comment Request temporary construction impacts. documents. Comments are invited from December 23, 2009. all interested agencies and the public to Measures to avoid, minimize, and The Department of the Treasury will ensure the full range of issues related to mitigate adverse impacts will be submit the following public information the proposed action and reasonable identified and evaluated. collection requirement to OMB for FRA and the Authority will comply alternatives are addressed and all review and clearance under the with all environmental laws, significant issues are identified. In Paperwork Reduction Act of 1995, regulations, and executive orders particular, FRA is interested in learning Public Law 104–13 on or after the date applicable to the proposed project whether there are areas of of publication of this notice. Copies of during the environmental review environmental concern where there this submission may be obtained by process to the maximum extent might be a potential for significant site- calling the Treasury Bureau Clearance practicable. These requirements specific impacts from the Merced- Officer listed. Comments regarding this include, but are not limited to, the Sacramento Section of the HST System. information collection should be regulations of the CEQ implementing Public agencies with jurisdiction are addressed to the OMB reviewer listed NEPA (40 CFR parts 1500–1508), State requested to advise FRA and the CEQA Guidelines (14 California Code of Authority of the applicable permit and and to the Treasury PRA Clearance Regulations 15168(b)) and FRA’s environmental review requirements of Officer, Department of the Treasury, Procedures for Considering each agency, and the scope and content 1750 Pennsylvania Avenue, NW., Suite Environmental Impacts (64 FR 28545, of the environmental information 11010, Washington, DC 20220. May 26, 1999), project-level air quality germane to the agency’s statutory DATES: Written comments should be conformity regulation of the U.S. responsibilities relevant to the proposed received on or before January 29, 2010 Environmental Protection Agency (EPA) project. Public agencies are requested to to be assured of consideration. (40 CFR part 93(b)), Section 404(b)(1) advise FRA if they anticipate taking a Internal Revenue Service (IRS) EPA guidelines (40 CFR part 230), major action in connection with the Executive Orders 11988, 11990, and proposed project and if they wish to OMB Number: 1545–0140. 12898 regarding floodplains, wetlands, cooperate in the preparation of the Type of Review: Revision of a and environmental justice, respectively, Project EIR/EIS. Public scoping currently approved collection. Section 106 of the National Historic meetings have been scheduled as an Title: Form 2210, Underpayment of Preservation Act (36 CFR part 800), important component of the scoping Estimated Tax by Individuals, Estate, Section 7 of the Endangered Species Act process for both the State and Federal and Trusts; Form 2210–F, (50 CFR part 402), and Section 4(f) of environmental review. The scoping Underpayment of Estimated Tax by the Department of Transportation Act meetings described in this Notice will Farmers and Fishermen. (49 USC 303). Measures to avoid, also be the subject of additional public Form: 2210. minimize, and mitigate all adverse notification. Description: Internal Revenue Code impacts will be identified and FRA is seeking participation and section 6654 imposes a penalty for evaluated. input of all interested Federal, State, failure to pay estimated tax. These forms This EIR/EIS process will also and local agencies, Native American are used by taxpayers to determine continue the NEPA/Clean Water Act groups, and other concerned private whether they are subject to the penalty Section 404 integration process organizations or individuals on the and to compute the penalty if it applies. established through the Statewide scope of the EIR/EIS. Implementation of The Service uses this information to Program EIR/EIS process. The EIR/EIS the Merced to Sacramento Section of the determine whether the taxpayer is will evaluate project alignment HST System is a Federal undertaking subject to the penalty, and to verify the alternatives and station and with the potential to affect historic penalty amount. maintenance facility locations to properties. As such, it is subject to the Respondents: Individuals and support a determination of the Least requirements of Section 106 of the Households.

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Estimated Total Burden Hours: forth in a checklist questionnaire the OMB Number: 1545–2018. 2,405,663 hours. information that must be included in a Type of Review: Extension of a OMB Number: 1545–1276. request for ruling under section 355. currently approved collection. Type of Review: Extension of a This revenue procedure updates Title: Revenue Procedure 2006–31, currently approved collection. information that taxpayers must provide Revocation of Election filed under I.R.C. Title: FI–88–86 (Final) Real Estate in order to receive letter rulings under 83(b). Mortgage Investment Conduits (TD section 355. This information is Description: This revenue procedure 8458). required to determine whether a sets forth the procedures to be followed Description: Section 860E(e) imposes taxpayer would qualify for non- by individuals who wish to request an excise tax on the transfer of a recognition treatment. permission to revoke the election they residual interest in a REMIC to a Respondents: Businesses or other for- made under section 83(b). disqualified party. The tax must be paid profits. Respondents: Individuals or by the transferor of a pass-thru entity of Estimated Total Burden Hours: 36,000 Households. which the disqualified party is an hours. Estimated Total Burden Hours: 400 interest holder. OMB Number: 1545–2004. hours. Respondents: Businesses or other for- Type of Review: Extension of a Clearance Officer: R. Joseph Durbala, profits. currently approved collection. (202) 622–3634, Internal Revenue Estimated Total Burden Hours: 525 Title: Deduction for Energy Efficient Service, 1111 Constitution Avenue, hours. Commercial Buildings. NW., Room 6129, Washington, DC OMB Number: 1545–1680. Description: This notice sets forth a 20224. Type of Review: Extension of a process that allows the owner of energy OMB Reviewer: Shagufta Ahmed, currently approved collection. efficient commercial building property (202) 395–7873, Office of Management Title: United States Additional Estate to certify that the property satisfies the and Budget, Room 10235, New Tax Return Under Code Section 2057. requirements of Section 179D(c)(1) and Executive Office Building, Washington, Form: 706–D. (d). This notice also provides a DC 20503. Description: Form 706–D is used by procedure whereby the developer of individuals to compute and pay the computer software may certify to the Celina Elphage, additional taxes due under Code section Internal Revenue Service that the Treasury PRA Clearance Officer. 2057. IRS uses the information to software is acceptable for use in [FR Doc. E9–30896 Filed 12–29–09; 8:45 am] determine that the taxes have been calculating energy and power BILLING CODE 4810–01–P properly computed. consumption for purposes of Section Respondents: Individuals or 179D of the Code. households. Respondents: Businesses or other for- DEPARTMENT OF THE TREASURY Estimated Total Burden Hours: 530 profits. hours. Estimated Total Burden Hours: 3,761 Bureau of Engraving and Printing OMB Number: 1545–1693. hours. Type of Review: Extension of a OMB Number: 1545–2017. Privacy Act of 1974, as Amended; currently approved collection. Type of Review: Extension of a Systems of Records Title: Form 8871, Political currently approved collection. AGENCY: Bureau of Engraving and Organization Notice of Section 527 Title: Notice 2006–46 Announcement Printing, Treasury. Status; Form 8453–X, Political of Rules to be included in Final ACTION: Alteration of a Privacy Act Organization Declaration for Electronic Regulations under Section 897(d) and System of Records Notice. Filing of Notice of Section 527 Status. (e) of the Internal Revenue Code. Form: 8871, 8453–X. Description: This notice announces SUMMARY: In accordance with the Description: Internal Revenue Code that the IRS and Treasury Department requirements of the Privacy Act of 1974, section 527, as amended by Public Law will leave final regulations under as amended, 5 U.S.C. 552a, the Bureau 106–230 and Public Law 107–276, section 897(d) and (e) of the Internal of Engraving and Printing (BEP) is requires certain political organizations Revenue Code that will revise the rules publishing an alteration of its Privacy to provide information to the IRS under Temp. Treas. Reg. Sec. 1.897–5T, Act systems of records entitled regarding their name and address, their Notice 89–85, and Temp. Treas. Reg. ‘‘Treasury/BEP .006—Debt Files purpose, and the names and addresses Sec. 1.897–6T to take into account (Employees).’’ of their officers, highly compensated statutory mergers and consolidations employees, board of directors, and any under foreign or possessions law which DATES: Comments must be received no related entities (within the meaning of may now qualify for non-recognition later than January 29, 2010. The new section 168(h)94). Forms 8871 and treatment under section 368(a)(1)(A). systems of records will be effective 8453–X are used for this purpose. The specific collections of information February 8, 2010 unless BEP receives Respondents: Not-for-profit are contained in Temp. Treas. Reg. comments that would result in a institutions. Subsection 1.897–5T(c)(4)(II)(C) and contrary determination. Estimated Total Burden Hours: 35,195 1.897–6T(b)(1). These reporting ADDRESSES: Comments should be sent to hours. requirements notify the IRS of the Clifford Daly, Attorney-Advisor, Office OMB Number: 1545–1846. transfer and enable it to verify that the of the Chief Counsel, Bureau of Type of Review: Extension of a transferor qualified for non-recognition Engraving and Printing, Washington, DC currently approved collection. and that the transferee will be subject to 20228. Comments will be made Title: Revenue Procedure 2003–48, U.S. tax on a subsequent disposition of available for inspection upon written Update of Checklist Questionnaire the U.S. real property. request. The Department will make such Regarding Requests for Spin-Off Respondents: Businesses or other for- comments available for public Rulings. profits. inspection and copying at BEP, Room Description: This revenue procedure Estimated Total Burden Hours: 500 419–A, Bureau of Engraving and updates Rev. Proc. 96–30, which sets hours. Printing, Washington, DC 20228, on

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official business days between the hours The system of records notice was last Veterans Affairs, has submitted the of 10 a.m. and 5 p.m. Eastern Time. You published in its entirety on June 29, collection of information abstracted can make an appointment to inspect 2009, at 74 FR 31092. The proposed below to the Office of Management and comments by telephoning 202–874– alterations to ‘‘Treasury/BEP .006—Debt Budget (OMB) for review and comment. 2500. All comments, including Files (Employees)’’ are set forth below. The PRA submission describes the attachments and other supporting nature of the information collection and materials, received are part of the public Treasury/BEP .006 its expected cost and burden; it includes record and subject to public disclosure. SYSTEM NAME: the actual data collection instrument. You should submit only information Debt Files (Employees)—Treasury/ DATE: Comments must be submitted on that you wish to make available BEP. or before January 29, 2010. publicly. ADDRESSES: Submit written comments FOR FURTHER INFORMATION CONTACT: SYSTEM LOCATION: on the collection of information through Clifford Daly, Attorney-Advisor, Office Bureau of Engraving and Printing, http://www.Regulations.gov; or to VA’s of the Chief Counsel, Bureau of 14th and C Streets, SW., Washington, OMB Desk Officer, OMB Human Engraving and Printing, Washington, DC DC 20228. Resources and Housing Branch, New 20228 at 202–874–2630. * * * * * Executive Office Building, Room 10235, SUPPLEMENTARY INFORMATION: Pursuant Washington, DC 20503 (202) 395–7316. ROUTINE USES OF RECORDS MAINTAINED IN THE Please refer to ‘‘OMB Control No. 2900– to the Privacy Act of 1974 (5 U.S.C. SYSTEM, INCLUDING CATEGORIES OF USERS AND 552a) and the Office of Management and THE PURPOSES OF SUCH USES: 0737’’ in any correspondence. Budget (OMB) Circular No. A–130, the *** FOR FURTHER INFORMATION CONTACT: Bureau of Engraving and Printing (BEP) Description of change: The period ‘‘.’’ Denise McLamb, Enterprise Records completed a review of its Privacy Act at the end of routine use (9) is replaced Service (005R1B), Department of system of records notice. As a result of with a semicolon ‘‘;’’, and the following Veterans Affairs, 810 Vermont Avenue, the review BEP is proposing to add two routines uses are added in numerical NW., Washington, DC 20420, (202) 461– new routine uses to BEP .006 to assist order at the end thereof: 7485, FAX (202) 273–0443 or e-mail BEP to perform necessary functions ‘‘(10) Disclose information to a court [email protected]. Please such as (1) to maintain records about of competent jurisdiction, an authorized refer to ‘‘OMB Control No. 2900–0737.’’ individuals who owe debt(s) to the official or authorized state agency as SUPPLEMENTAL INFORMATION: United States, through one or more of its defined in 5 C.F.R. parts 581 and 582, Title: eBenefits Portal. departments and agencies, and/or to or a party to a garnishment action, in OMB Control Number: 2900–0737. individuals, including past due support response to legal process, including Type of Review: Extension of a enforced by states and (2) for the interrogatories, served on the Bureau of currently approved collection. purpose of taking action to facilitate the Engraving and Printing in connection Abstract: The eBenefits portal, a joint collection and resolution of the debt(s) with garnishment proceedings against a project between the VA and DoD, is using various collection methods, current or former employee; intended to serve as a single point of including, but not limited to, offset, ‘‘(11) These records may be used to entry for benefits information. Users levy, administrative wage garnishment. provide information to private creditors include members of the armed forces, The proposed routine uses are as for the purpose of garnishment of wages veterans, wounded warriors, family follows: of an employee if a debt has been members, delegates, and caregivers. (1) These records may be used to reduced to a judgment.’’ Users wishing to access the full disclose information to a court of functionality of the eBenefits portal will * * * * * competent jurisdiction, an authorized register for a single sign-on credential official or authorized state agency as Dated: December 17, 2009. that will ultimately be shared by other defined in 5 CFR parts 581 and 582, or Melissa Hartman, VA and DoD portals. The eBenefits a party to a garnishment action, in Acting Deputy Assistant Secretary for Privacy portal allows authenticated users to response to legal process, including and Treasury Records. create profiles for themselves so they interrogatories, served on the Bureau of [FR Doc. E9–30894 Filed 12–29–09; 8:45 am] can see a customized view of their Engraving and Printing in connection BILLING CODE 4810–39–P homepage, receive personalized alerts, with garnishment proceedings against a view a calendar of appointments, view current or former employee, and content related to their benefits, and opt (2) These records may be used to DEPARTMENT OF VETERANS into other individualized features. provide information to private creditors AFFAIRS Profiles will initially be populated with for the purpose of garnishment of wages data from the existing Defense of an employee if a debt has been [OMB Control No. 2900–0737] Enrollment Eligibility Reporting database, but will also offer users the reduced to a judgment. Agency Information Collection The report of the altered systems of option to indicate preferences and (eBenefits Portal) Activity Under OMB records, as required by 5 U.S.C. 552a(r) individual details that will enable the Review of the Privacy Act, has been submitted portal to deliver personalized to the Committee on Government AGENCY: Office of Information and information. Reform of the House of Representatives, Technology, Department of Veterans An agency may not conduct or the Committee on Homeland Security Affairs. sponsor, and a person is not required to and Governmental Affairs of the Senate, ACTION: Notice. respond to a collection of information and the Office of Management and unless it displays a currently valid OMB Budget, pursuant to Appendix I to OMB SUMMARY: In compliance with the control number. The Federal Register Circular A–130, ‘‘Federal Agency Paperwork Reduction Act (PRA) of 1995 Notice with a 60-day comment period Responsibilities for Maintaining (44 U.S.C. 3501–21), this notice soliciting comments on this collection Records About Individuals,’’ dated announces that the Office of Information of information was published on November 30, 2000. and Technology, Department of October 23, 2009, at page 54882.

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Affected Public: Individuals or Frequency of Response: On occasion. By direction of the Secretary: Households. Estimated Number of Respondents: Denise McLamb, Estimated Annual Burden: 225,000 270,000. Program Analyst, Enterprise Records Service. hours. [FR Doc. E9–30834 Filed 12–29–09; 8:45 am] Estimated Average Burden Per Dated: December 23, 2009. BILLING CODE 8320–01–P Respondent: 5 minutes.

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Part II

Environmental Protection Agency 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry; Final Rule

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ENVIRONMENTAL PROTECTION available either electronically in http:// V. Summary of Comments and Responses AGENCY www.regulations.gov or in hard copy at A. Source Category Listing and the Area Source NESHAP for Chemical Applicability 40 CFR Part 63 Preparations Manufacturing Docket, B. Alternative Standards EPA/DC, EPA West, Room 3334, 1301 C. GACT Limits [EPA–HQ–OAR–2009–0028; FRL–9095–1] D. Initial Compliance Constitution Ave., NW., Washington, RIN 2060–AN46 E. Continuous Monitoring, Inspections and DC. The Public Reading Room is open Reporting from 8:30 a.m. to 4:30 p.m., Monday National Emission Standards for F. Title V Permitting through Friday, excluding legal Hazardous Air Pollutants for Area G. Cost Impacts holidays. The telephone number for the Sources: Chemical Preparations H. Miscellaneous Public Reading Room is (202) 566–1744, VI. Impacts of the Final Standards Industry and the telephone number for the Air A. What Are the Air Impacts? AGENCY: Environmental Protection Docket is (202) 566–1742. B. What Are the Cost Impacts? Agency (EPA). FOR FURTHER INFORMATION CONTACT: Mr. C. What Are the Economic Impacts? Warren Johnson, Outreach and D. What Are the Non-Air Health, ACTION: Final rule. Environmental, and Energy Impacts? Information Division, Office of Air VII. Statutory and Executive Order Reviews SUMMARY: EPA is promulgating national Quality Planning and Standards (C404– A. Executive Order 12866: Regulatory emissions standards for control of 05), Environmental Protection Agency, Planning and Review hazardous air pollutants (HAP) from the Research Triangle Park, North Carolina B. Paperwork Reduction Act chemical preparations area source 27711, telephone number: (919) 541– C. Regulatory Flexibility Act category. These final emissions 5124; fax number: (919) 541–0242; e- D. Unfunded Mandates Reform Act standards for new and existing sources mail address: [email protected]. E. Executive Order 13132: Federalism reflect EPA’s final determination SUPPLEMENTARY INFORMATION: F. Executive Order 13175: Consultation regarding the generally available control Outline. The information in this and Coordination With Indian Tribal technology or management practices preamble is organized as follows: Governments (GACT) for the source category. G. Executive Order 13045: Protection of I. General Information Children From Environmental Health DATES: This final rule is effective on A. Does This Action Apply to Me? and Safety Risks December 30, 2009. B. Where Can I Get a Copy of This H. Executive Order 13211: Actions ADDRESSES: EPA has established a Document? Concerning Regulations That docket for this action under Docket ID C. Judicial Review Significantly Affect Energy Supply, No. EPA–HQ–OAR–2009–0028. All II. Background Information for This Final Distribution, or Use Rule I. National Technology Transfer and documents in the docket are listed in III. Summary of Changes Since Proposal the Federal Docket Management System Advancement Act IV. Summary of Final Standards J. Executive Order 12898: Federal Actions index at http://www.regulations.gov. A. Do the Final Standards Apply to My Although listed in the index, some To Address Environmental Justice in Source? Minority Populations and Low-Income B. When Must I Comply With the Final information is not publicly available, Populations Standards? e.g., confidential business information K. Congressional Review Act (CBI) or other information whose C. What Are My Final Standards? disclosure is restricted by statute. D. What Are My Initial and Continuous I. General Information Monitoring Requirements? Certain other material, such as E. What Are My Notification, A. Does this Action Apply to Me? copyrighted material, is not placed on Recordkeeping, and Reporting the Internet and will be publicly Requirements? The regulated category and entities available only in hard copy form. F. What Are the Title V Permit potentially affected by the final Publicly available docket materials are Requirements? standards include:

Category NAICS Examples of regulated entities code 1

All other miscellaneous chemical product and preparation manu- 325998 Area source facilities that manufacture chemical preparations facturing. containing metal compounds of chromium, lead, manganese, or nickel, except for manufacturers of indelible ink, India ink, writing ink, and stamp pad ink. Chemical preparations include, but are not limited to, fluxes, water treatment chemicals, rust preventatives and plating chemicals, concrete additives, gela- tin, and drilling fluids. 1 North American Industry Classification System.

This table is not intended to be See 40 CFR 63.11599. Therefore, preparations area source rule. To exhaustive, but rather provides a guide chemical preparation operations that determine whether operations at your for readers regarding entities likely to be manufacture indelible ink, India ink, facility are regulated by this action, you affected by this action. Chemical writing ink or stamp pad ink, or any should examine the applicability preparation operations described by the combination thereof, are subject to the criteria in 40 CFR 63.11579 of subpart NAICS code 325998 that manufacture paints and allied products area source BBBBBBB (NESHAP for Area Sources: indelible ink, India ink, writing ink, and rule and those operations must comply Chemical Preparations Industry). If you stamp pad ink are subject to area source all applicable requirements specified in have any questions regarding the regulations for paints and allied Subpart CCCCCCC. Such operations are applicability of this action to a products (40 CFR Subpart CCCCCCC). not subject to the final chemical particular entity or operations at your

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facility, consult either the delegated II. Background Information for This Administration (SBA) standards in 13 authority for the entity or your EPA Final Rule CFR 121.201. For this source category, regional representative as listed in 40 Section 112(d) of the CAA requires small businesses are defined as those CFR 63.13 of subpart A (General EPA to establish national emission with fewer than 500 employees. Provisions). standards for hazardous air pollutants Determining what constitutes GACT (NESHAP) for both major and area involves considering the control B. Where Can I Get a Copy of This technologies and management practices sources of hazardous air pollutants Document? that are generally available to the area (HAP) that are listed for regulation sources in the source category. We also In addition to being available in the under CAA section 112(c). A major consider the standards applicable to docket, an electronic copy of this final source emits or has the potential to emit major sources in the same industrial action will also be available on the 10 tons per year (tpy) or more of any sector to determine if the control Worldwide Web (WWW) through the single HAP or 25 tpy or more of any technologies and management practices Technology Transfer Network (TTN). combination of HAP. An area source is employed by those sources are Following signature, a copy of this final a stationary source that is not a major transferable and generally available to action will be posted on the TTN’s source. area sources. In appropriate policy and guidance page for newly Section 112(k)(3)(B) of the CAA calls circumstances, we may also consider final or promulgated rules at the for EPA to identify at least 30 HAP that, technologies and practices at area and following address: http://www.epa.gov/ as the result of emissions from area major sources in similar categories to ttn/oarpg/. The TTN provides sources, pose the greatest threat to determine whether such technologies information and technology exchange in public health in the largest number of and practices could be considered various areas of air pollution control. urban areas. EPA implemented this generally available for the area source provision in 1999 in the Integrated C. Judicial Review category being considered. Finally, as Urban Air Toxics Strategy (64 FR 38715, noted above, in determining GACT for Under section 307(b)(1) of the Clean July 19, 1999). Specifically, in the Air Act (CAA), judicial review of this a particular category of area sources, we Integrated Urban Air Toxics Strategy, consider the costs and economic final rule is available only by filing a EPA identified 30 HAP that pose the petition for review in the United States impacts of using available control greatest potential health threat in urban technologies and management practices Court of Appeals for the District of areas, and these HAP are referred to as Columbia Circuit by March 1, 2010. on sources in that category. the ‘‘30 urban HAP.’’ Section 112(c)(3) We are promulgating these national Under section 307(b)(2) of the CAA, the requires EPA to list sufficient categories emission standards in response to a requirements established by this final or subcategories of area sources to court-ordered deadline that requires rule may not be challenged separately in ensure that area sources representing 90 EPA to sign final rules establishing any civil or criminal proceedings percent of the emissions of the 30 urban emission standards for two source brought by EPA to enforce these HAP are subject to regulation. We also categories listed pursuant to section requirements. implemented these requirements 112(c)(3) and (k) by December 16, 2009 Section 307(d)(7)(B) of the CAA through the Integrated Urban Air Toxics (Sierra Club v. Johnson, no. 01–1537, further provides that ‘‘[o]nly an Strategy. A primary goal of the D.D.C., March 2006). We intend to objection to a rule or procedure which Integrated Urban Air Toxics Strategy is publish a separate rulemaking in the was raised with reasonable specificity to achieve a 75 percent reduction in Federal Register for the other source during the period for public comment cancer incidence attributable to HAP category due in December 2009. (including any public hearing) may be emitted from stationary sources. raised during judicial review.’’ This Under CAA section 112(d)(5), we may III. Summary of Changes Since section also provides a mechanism for elect to promulgate standards or Proposal EPA to convene a proceeding for requirements for area sources ‘‘which The final rule contains several reconsideration, ‘‘[i]f the person raising provide for the use of generally revisions and clarifications to the an objection can demonstrate to EPA available control technology or proposed rule in response to public that it was impracticable to raise such management practices (GACT) by such comments. We explain the reasons for objection within [the period for public sources to reduce emissions of the following changes in detail in the comment] or if the grounds for such hazardous air pollutants.’’ Additional summary of comments and responses objection arose after the period for information on GACT is found in the (section V of this preamble): public comment (but within the time Senate report on the legislation (Senate • Revised the definition of chemical specified for judicial review) and if such Report Number 101–228, December 20, preparation to mean a target HAP- objection is of central relevance to the 1989), which describes GACT as: containing product, or intermediate outcome of the rule.’’ Any person * * * methods, practices and techniques used in the manufacture of other seeking to make such a demonstration to which are commercially available and products, manufactured in a process us should submit a Petition for appropriate for application by the sources in operation described by the NAICS code Reconsideration to the Office of the the category considering economic impacts 325998 if the operation manufactures Administrator, U.S. EPA, Room 3000, and the technical capabilities of the firms to target HAP-containing products or Ariel Rios Building, 1200 Pennsylvania operate and maintain the emissions control intermediates other than indelible ink, Ave., NW., Washington, DC 20460, with systems. India ink, writing ink, and stamp pad a copy to both the person(s) listed in the Consistent with the legislative history, ink. Indelible ink, India ink, writing ink, preceding FOR FURTHER INFORMATION we can consider costs and economic and stamp pad ink manufacturing CONTACT section, and the Associate impacts in determining GACT, which is operations are subject to regulation General Counsel for the Air and particularly important when developing under the paints and allied products Radiation Law Office, Office of General regulations for source categories, like area source rule (40 CFR part 63, Counsel (Mail Code 2344A), U.S. EPA, this one, that have almost 40 percent of subpart CCCCCCC), not this rule. 1200 Pennsylvania Ave., NW., firms classified as small businesses • Revised the emission standard for Washington, DC 20460. according to the Small Business existing sources to include an

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alternative standard of 0.03 grains per • Corrected a typographical error in reduction efficiency or the process vent dry standard cubic foot (gr/dscf) § 63.11585 where there were two stream must meet an outlet particulate matter (PM) concentration at paragraphs identified as paragraph (b). concentration of 0.03 gr/dscf, with or the outlet of the control device as an • Clarified the definition of without control. On a process by alternative to routing process vent ‘‘chemical preparation’’ to specify that it process basis, if an existing source can streams to a control device with a 95 applies to target HAP-containing demonstrate and certify that the PM percent PM reduction efficiency. products or intermediates. concentration of each of the process • Added standards for new sources • Revised the definition of ‘‘target vent streams from equipment that uses, that require either routing process vent HAP-containing’’ to clarify separate contains or contacts target HAP within streams to a control device with a 98 minimum concentration levels for a chemical preparation operation will percent PM efficiency or meeting the trivalent and hexavalent chromium not exceed 0.03 gr/dscf, then the source 0.03 gr/dscf alternative standard compounds. is not required to route the process vent mentioned above. streams to a control device with a 95 IV. Summary of Final Standards • Revised the standards to include a percent PM reduction efficiency. The mechanism that allows sources (which A. Do the Final Standards Apply to My final rule includes appropriately in these standards means the collection Source? reduced recordkeeping and reporting of emission points from chemical requirements for sources that can The final subpart BBBBBBB standards comply with the 0.03 gr/dscf alternative preparations operations) to demonstrate apply to each existing and new area and certify that the process vent streams standard without the use of a control source chemical preparations facility, as device. in the chemical preparation operations defined in the final rule. The standards at the facility will not exceed PM do not apply to research or laboratory D. What Are My Initial and Continuous concentrations of 0.03 gr/dscf. This facilities, as defined in section 112(c)(7) Monitoring Requirements? revision is intended to significantly of the CAA. They also do not apply to The final standards require an initial reduce monitoring, recordkeeping and chemical preparation operations compliance assessment that process reporting requirements for sources that described by the NAICS code 325998 vent streams are either being routed to have, or can establish, very small that manufacture indelible ink, India a control device with a 95 percent (98 process emissions. ink, writing ink, and stamp pad ink, percent for new sources) PM reduction • Revised the monitoring which are subject to area source efficiency or with an outlet PM requirements to provide options for the regulations for paints and allied concentration of 0.03 gr/dscf, or a use of bag leak detection systems, products (40 CFR part 63, Subpart certification that process vent streams audible parameter monitor alarm CCCCCCC). from equipment that either contains, systems, or a continuous parameter contacts, or is processing target HAP- monitoring system (CPMS). We also B. When Must I Comply With the Final Standards? containing materials will not exceed a removed the use of a continuous PM concentration of 0.03 gr/dscf. The emissions monitoring systems (CEMS) All existing area source facilities owner and operator must also establish as an alternative to a CPMS, since we subject to this final rule are required to parameter values (e.g., liquid flow or are unaware of any existing chemical comply with the rule requirements no pressure drop) for the control device preparations area sources currently later than December 30, 2010. New that will be monitored to demonstrate using CEMS to monitor PM emissions, sources are required to comply with the continuous compliance or must install a and do not expect any sources to rule requirements by December 30, 2009 bag system leak detection system or operate a CEMS system to monitor or upon startup of the facility, audible parameter monitoring alarm compliance with the final standards (see whichever is later. which indicates failure of the discussion in section V.E.). Because the majority of existing particulate control system. • Clarified the averaging sources in this category are already The rule provides alternatives for requirements for sources using a CPMS well-controlled, we believe that one demonstrating initial compliance. so that the average is calculated on the year is a reasonable amount of time to Specifically, initial compliance basis of either a 24-hour rolling period allow existing sources to conduct assessments to determine whether the or a batch period (i.e., the period that compliance demonstrations and prepare PM percent reduction standard or outlet equipment is processing a batch of the initial reports required for concentration standard are being met target HAP-containing materials), compliance with the final rule. may consist of performance testing, whichever is less. control device manufacturer C. What Are My Final Standards? • Revised the reporting requirements performance guarantees, or engineering to require only annual reporting if no As we explained in the proposed rule, calculations. Sources that opt to deviations occur, but semiannual PM is a surrogate for the target HAP (i.e., demonstrate and certify that the PM reporting if a deviation occurred within metal compounds of chromium, lead, concentration of each of the process the reporting period. manganese, and nickel). The final vent streams from equipment that either • Modified the inspection standards for existing sources require contains, contacts, or is processing requirements for vent collection system process vent streams from chemical target HAP-containing materials within ductwork that is difficult or dangerous manufacturing processes with a chemical preparation operation will to access. equipment that uses, contains or not exceed 0.03 gr/dscf must provide • Revised the definition of contacts target HAP to either be routed either emission test data or engineering ‘‘responsible official’’ to make it easier to a control device with a 95 percent PM calculations to support their for sources to identify the appropriate reduction efficiency or to meet an outlet certification. person at a chemical preparations concentration of 0.03 gr/dscf, with or For existing sources, the final facility. without control. For new sources the standards require owners or operators to • Corrected a typographical error in final standards require these process conduct the initial compliance Table 2 to specify that the PM test vent streams to either be routed to a assessment by June 28, 2011. Owners or method is Method 5, not 5A. control device with a 98 percent PM operators of new sources are required to

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conduct compliance assessments by to identify periods when equipment amendments (67 FR 70427) to the June 28, 2010 or 180 days after startup, contains, contacts, or is processing original source category list included in whichever is later. target HAP-containing materials, as well the 1999 Integrated Urban Air Toxics The rule provides alternative for as records of control device performance Strategy, for which there was demonstrating continuous compliance. guarantees, inspections and monitoring opportunity to comment. We included Continuous compliance with the final system calibrations for CPMS, if this source category on the section emission limits is demonstrated by applicable. Facilities are also required to 112(c)(3) area source category list, based monitoring control device operating submit semi-annual compliance upon emissions data for the 1990 parameters established during the initial summary reports if a deviation occurs baseline year, for its contribution compliance assessment or with a bag within the reporting period. If no toward meeting the CAA section leak detector system. For an existing deviation occurs, then annual 112(c)(3)’s requirement that we list source that opts to use a CPMS, the final compliance summary reports must be sufficient categories and subcategories standards for demonstrating continuous submitted. of sources to ensure that area sources compliance are based upon an overall Sources certifying that the particulate representing 90 percent of the area average per batch or over 24 hours, matter concentration of each of the source emissions of the 30 hazardous air whichever is less, when the equipment process vent streams from equipment pollutants that present the greatest either contains, contacts, or is that either contains, contacts, or is threat to public health in the largest processing target HAP-containing processing target HAP-containing number of urban areas are subject to materials. As alternatives to a CPMS, materials within a chemical preparation regulation under CAA section 112. The sources must install either a bag leak operation will not exceed 0.03 gr/dscf chemical preparations area source detection system, such as a triboelectric have appropriately reduced category was listed for its contributions monitor and alarm, or a parameter recordkeeping and reporting toward meeting the 90 percent monitor alarm that will alert operators requirements. requirement for compounds of of periods when the device parameters chromium, manganese, lead and nickel. (such as pressure drop or scrubber F. What Are the Title V Permit The commenters in this case were liquid flow rate) are outside the Requirements? concerned that this source category operating upper or lower threshold or This final rule exempts the chemical would overlap with other source range specified by the control device preparations manufacturing area source categories for which they are subject. manufacturer. category from title V permitting The overlap concerns are addressed in In the final rule, sources certifying requirements unless the affected source the following comment response. that the particulate matter concentration is otherwise required by law to obtain Comment. Several commenters of each of the process vent streams from a title V permit. For example, sources contended that the chemical equipment that uses, contains or that have title V permits because they preparations area source category as contacts target HAP within a chemical are major sources under the criteria defined in the proposed rule overlaps preparation operation will not exceed pollutant program would maintain those with the chemical manufacturing and 0.03 gr/dscf have appropriately reduced permits. paint and allied products source duct collection system inspection categories and advocated that the requirements to ensure that the basis for V. Summary of Comments and applicability of the rule be further the grain loading does not change. In Responses clarified to avoid confusion regarding addition, they must record material loss During the comment period on the which area source regulation applies to information that supports their proposed rule, we received eleven a particular operation. certification for each subsequent quarter comment letters, which were submitted Response. When the chemical and must continue to operate in by industry, small business preparations area source category was accordance with their certifications. environmental assistance programs and initially listed, it was identified as consisting of facilities covered by E. What Are My Notification, environmental advocacy groups. standard industrial classification (SIC) Recordkeeping, and Reporting Sections V.A. through V.H. summarize code 2899. We subsequently moved to Requirements? some of the more significant comments and explain our response. For comment the use of North American Industrial Affected new and existing sources are summaries and responses not addressed Classification System (NAICS) codes, required to comply with certain in this preamble, see the response to rather than SIC codes, to identify the reporting requirements set forth in this comment document in the docket for types of facilities included in a final rule as well as certain this rule, Docket ID No. EPA–HQ–OAR– particular area source category. SIC requirements set forth in the General 2009–0028. codes are translated to NAICS codes Provisions (40 CFR part 63, subpart A), using the U.S. Census Bureau’s as identified in Tables 5 and 6 of this A. Source Category Listing and ‘‘bridge’’. The ‘‘bridge’’ correlates the final rule. The General Provisions Applicability four-digit SIC code to the corresponding include specific requirements for Comment. Several commenters six-digit NAICS code or codes. As notifications, recordkeeping, and contended that EPA did not provide the discussed in the background reporting. Among other requirements, opportunity to comment on the addition information document for the proposal each facility is required to submit an of the chemical preparations source (See Docket EPA–HQ–OAR–2009– initial notification that complies with category to the area source category list 0028), under the ‘‘bridge’’ the 2899 SIC the requirements in 40 CFR 63.9(b) of and that chemical preparations should code translates to four separate NAICS the General Provisions within 120 days not be regulated as a source category per codes (311942—Spice and extract of the effective date of the final rule and sections 112(c)(3) and 112(k)(3)(B)(ii) of manufacturing, 325199—All other basic a notification of compliance status that the CAA. organic chemical manufacturing, complies with the requirements in 40 Response. We listed the chemical 325510—Paint and coating CFR 63.9(h) within 60 days after preparations source category on manufacturing, 325998—All other completion of the initial compliance November 22, 2002, under CAA section miscellaneous chemical product and assessment. Sources must keep records 112(c)(3) in one of a series of preparation manufacturing). As a result,

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at the time of proposal, we believed that manufactures target HAP-containing because it is not requiring emission it was possible for the chemical products or intermediates other than reductions beyond the level that is preparations source category to consist indelible ink, India ink, writing ink, and currently being achieved from this well- of operations that could be classified stamp pad ink. Indelible ink, India ink, controlled source category. In support of under one of these four possible North writing ink, and stamp pad ink this assertion, the commenter compares American Industrial Classification manufacturing operations are subject to the requirements in the proposed rule to System (NAICS) codes, depending on regulation by the paints and allied the area source category’s current the product or intermediate the products area source rule (40 CFR part emission and control status. Such a operation was producing. In the 63, subpart CCCCCCC). comparison is flawed. proposed rule, we, therefore, identified Congress promulgated the relevant B. Alternative Standards all four categories as potentially CAA area source provisions in 1990 in containing sources subject to the Comment. Several commenters asked light of the level of area source HAP chemical preparations area source rule. questions regarding whether their emissions at that time. Congress Based on comments we received on the operations were subject to the rule and, directed EPA to identify not less than 30 proposal, however, we now recognize presuming their operations were HAP which, as a result of emissions that the chemical preparations area subject, expressed support for including from area sources, present the greatest source category as listed consists an alternative compliance option based threat to public health in the largest exclusively of sources classified by on a PM concentration. One commenter number of urban areas, and to list NAICS code 325998. (For a more described an operation where liquids sufficient area source categories to detailed discussion of the containing target HAP compounds were ensure that area sources representing 90 circumstances, see the final technical mixed in a closed tank. According to the percent of the 30 HAP listed are subject support document included in the commenter, PM matter is not emitted to regulation. As explained in the docket for this final rule.) We also from this mixing operation. The Integrated Urban Air Toxics Strategy, realized that the NAICS code 311942, commenter further stated that EPA based its listing decisions on the spice and extract manufacturing, is not demonstrating 95 percent control would baseline National Toxics Inventory a source of target HAP emissions, since be difficult, since there were no (NTI) that the Agency compiled for operations conducted at facilities discernable PM emissions from this purposes of implementing its air toxics included in that NAICS code produce operation. program after the 1990 CAA table salt and other food products. In Response. We agree with the Amendments (64 FR 38706, 38711, addition, we have determined that commenter, and have added an n.10). The baseline NTI reflected HAP sources in NAICS code 325999 are alternative standard of 0.03 gr/dscf PM emissions from chemical preparations subject to the chemical manufacturing concentration to the final rule. Sources manufacturing area sources in 1990. area source rule (40 CFR part 63, may either meet the requirement to Thus, contrary to the commenter’s subpart VVVVVV) and that sources in route the process vent stream to a suggestion, the relevant emission level NAICS code 325510 are subject to the control device with a 95 percent PM for comparison is the emission level paint and allied products area source reduction efficiency or the 0.03 gr/dscf reflected in our baseline NTI, not the rule (40 CFR part 63, subpart PM concentration standard. current emission level. CCCCCCC). For these reasons, this final Furthermore, sources demonstrating and Furthermore, in promulgating the area rule only applies to facilities classified providing a certification statement that source provisions in the CAA, Congress by NAICS code 325998. (40 CFR each of the process vent streams from did not require EPA to issue area source 63.11579 and 63.11588.) Based on these equipment that either contains, standards that must achieve a specific comments, we also recognized that even contacts, or is processing target HAP- level of emission reduction. Rather, within the 325998 NAICS code there containing materials within a chemical Congress authorized EPA to issue was some overlap with the paint and preparation operation will not exceed standards under section 112(d)(5) for allied products area source rule (40 CFR 0.03 gr/dscf have appropriately reduced area sources that reflect GACT for the part 63, subpart CCCCCCC). reporting, recordkeeping and inspection source category. To qualify as being Specifically, we recognized that sources requirements (to ensure that the basis generally available, a GACT standard in the 325998 NAICS code that for the PM concentration certification would most likely be an existing control manufacture indelible ink, India ink, does not change). technology or management practice: ‘‘[A]n equipment standard would writing ink, and stamp pad ink are C. GACT Limits subject to regulation under the paint require neighborhood dry cleaning and allied products area source rule. (40 Comment. One commenter contends establishments to employ the CFR 63.11599) Operations at sources in that, ‘‘EPA failed to calculate any commercially available systems the 325998 NAICS code that potential HAP reductions from the associated with the lowest measured manufacture indelible ink, India ink, proposed rule, because the proposed emissions * * *. S. Rep. 101–128, at writing ink, or stamp pad ink, or any rule will not actually lead to any 171–172 (emphasis added). Thus, it is combination thereof, are, therefore, not reductions.’’ The commenter believes both reasonable and consistent with subject to this final rule. (40 CFR that the proposed rule is ‘‘ * * * to Congressional intent that the GACT- 63.11579 and 63.11588.) preserve the status quo * * *’’ and that based standards being finalized today To facilitate these changes, the the level of control currently in place is codify the use of the existing effective definition of ‘‘chemical preparation’’ in the accepted level of control. PM control approach being used by the final rule has been revised to read Response. The commenter does not sources in the category. For all of these as follows: challenge any aspect of EPA’s proposed reasons, this final rule is consistent with Chemical preparation means a target GACT determination for this area source sections 112(c)(3), 112(k)(3)(B), and HAP-containing product, or category. Instead, the commenter makes 112(d)(5). intermediate used in the manufacture of a blanket assertion that EPA is not Comment. One commenter asserted other products, manufactured in a acting consistently with the purposes of that, although section 112(d)(5) does process operation described by the the area source provisions in the CAA authorize EPA to issue GACT standards NAICS code 325998 if the operation (i.e., sections 112(c)(3) and 112(k)(3)(B)), in lieu of maximum achievable control

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technology (MACT) standards, the provides that, for area sources listed provides that EPA may consider costs in Agency’s decision to do so is subject to pursuant to section 112(c)(3), EPA determining what constitutes GACT for the familiar administrative law ‘‘may, in lieu of’’ the authorities area source category. requirements. The commenter provided in section 112(d)(2) and 112(f), Congress plainly recognized that area maintained that to be non-arbitrary, the elect to promulgate standards pursuant sources differ from major sources, decision must—at a minimum—be to section 112(d)(5). which is why Congress allowed EPA to supported by a rational explanation. Section 112(d)(2) provides that consider costs in setting GACT The commenter stated that EPA has emission standards established under standards for area sources under section provided no explanation whatsoever for that provision ‘‘require the maximum 112(d)(5), but did not allow that its apparent decision to issue GACT degree of reduction in emissions’’ of consideration in setting MACT floors for standards instead of MACT standards HAP (also known as MACT). Section major sources pursuant to section and, for this reason alone, its decision 112(d)(3), in turn, defines what 112(d)(3). This important dichotomy is arbitrary and capricious. constitutes the ‘‘maximum degree of between section 112(d)(3) and section The commenter stated that EPA’s reduction in emissions’’ for new and 112(d)(5) provides further evidence that decision to issue GACT standards existing sources. See section 112(d)(3). Congress sought to do precisely what pursuant to CAA section 112(d)(5), Webster’s dictionary defines the phrase the title of section 112(d)(5) states— instead of MACT standards pursuant to ‘‘in lieu of’’ to mean ‘‘in the place of’’ provide EPA the authority to issue section 112(d)(2) and (3), is arbitrary or ‘‘instead of.’’ See Webster’s II New ‘‘[a]lternative standards for area and capricious because EPA provided Riverside University (1994). Thus, sources.’’ no rationale for its decision to issue section 112(d)(5) authorizes EPA to Notwithstanding the commenter’s GACT standards. The commenter also promulgate standards under section claim, EPA properly issued standards claimed that the proposed standards are 112(d)(5) that provide for the use of for the area source category at issue here based solely on cost and are thus GACT, instead of issuing MACT under section 112(d)(5) and in doing so unlawful and arbitrary. The commenter standards pursuant to section 112(d)(2) provided a reasoned basis for its claims that CAA section 112(d)(5) does and (d)(3). The statute does not set any selection of GACT for the chemical not direct EPA to set standards based on condition precedent for issuing preparations area source category. As what is cost effective; rather, according standards under section 112(d)(5) other explained in the proposed rule and to the commenter EPA must establish than that the area source category or below, EPA evaluated the control GACT based on the ‘‘methods, practices subcategory at issue must be one that technologies and management practices and techniques which are commercially EPA listed pursuant to section 112(c)(3), that reduce PM emissions at chemical available and appropriate for which is the case here. preparations manufacturing facilities. In application by the sources in the The commenter argues that EPA must its evaluation, EPA used information category considering economic provide a rationale for issuing GACT from industry contacts and reviewed impacts.’’ The commenter stated that, standards under section 112(d)(5), operating permits to identify the because cost effectiveness is not instead of MACT standards. The emission controls and management relevant under CAA section 112(d)(5), commenter is incorrect. Had Congress practices that are currently used to the reliance on cost effectiveness as the intended that EPA first conduct a MACT control PM emissions. sole determining factor in establishing analysis for each area source category, In our evaluation, we determined that GACT renders the proposed standards Congress would have stated so expressly all of the chemical preparations unlawful. in section 112(d)(5). Congress did not operations are currently controlled with Response. As the commenter require EPA to conduct any MACT either a fabric filter or wet scrubber. The commenter further argues that recognizes, in section 112(d)(5), analysis, floor analysis or beyond-the- EPA inappropriately chose GACT based Congress gave EPA explicit authority to floor analysis before the Agency could solely on costs, and, according to the issue alternative emission standards for issue a section 112(d)(5) standard. commenter, cost is not relevant to GACT area sources. Specifically, section Rather, Congress authorized EPA to determinations and as such the 112(d)(5), which is titled, ‘‘Alternative issue GACT standards for area source standards are unlawful. We disagree. standard for area sources,’’ provides: categories listed under section 112(c)(3), Contrary to the commenter’s assertions, and that is precisely what EPA has done With respect only to categories and the Agency’s consideration of cost in this rulemaking. subcategories of area sources listed pursuant effectiveness in establishing GACT and Although EPA need not justify its to subsection (c) of this section, the the Agency’s views on what is a cost Administrator may, in lieu of the authorities exercise of discretion in choosing to effective requirement under section provided in paragraph (2) and subsection (f) issue a GACT standard for an area 112(d)(5) are relevant. The U.S. Court of of this section, elect to promulgate standards source listed pursuant to section Appeals for the DC Circuit has stated or requirements applicable to sources in such 112(c)(3), EPA still must have a that cost effectiveness is a reasonable categories or subcategories which provide for reasoned basis for the GACT the use of generally available control measure of cost as long as the statute determination for the particular area technologies or management practices by does not mandate a specific method of source category. The legislative history such sources to reduce emissions of determining cost. See Husqvarna AB v. supporting section 112(d)(5) provides hazardous air pollutants. See CAA section EPA, 254 F.3d 195, 201 (DC Cir. 2001) that GACT is to encompass: 112(d)(5). (finding that EPA’s decision to consider There are two critical aspects to * * * methods, practices and techniques costs on a per ton of emissions removed section 112(d)(5). First, section 112(d)(5) which are commercially available and basis is reasonable because CAA section applies only to those categories and appropriate for application by the sources in 213 did not mandate a specific method subcategories of area sources listed the category considering economic impacts and the technical capabilities of the firms to of cost analysis). pursuant to section 112(c). The operate and maintain the emissions control The commenter also failed to provide commenter does not dispute that EPA systems. See Senate Report on the 1990 any information indicating that our cost- listed the chemical preparations area Amendments to the Act (S. Rep. No. 101– effectiveness determinations were source category pursuant to section 228, 101st Cong. 1st session. 171–172). The unreasonable and, likewise, failed to 112(c). Second, section 112(d)(5) discussion in the Senate report clearly provide any information concerning the

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economic impacts associated with operator when the device is operating Response. We disagree that the requiring the standards that the outside the manufacturer’s proposed requirements are too commenter suggests represent GACT. recommended range. A bag leak burdensome. The required inspections The commenter appears to take issue detection system or parameter monitor are simple external visual assessments with the manner in which the Agency alarm systems are significantly less of the integrity of the collection system. establishes GACT but provides no complicated to install and operate than This should be easily accomplished by alternative approach, instead only a CPMS and provide a comparable level sources. While these may be induced attacking the Agency’s consideration of of assurance that the source is operating draft systems, we believe that they still cost (i.e., cost-effectiveness) as a in compliance with applicable warrant inspection. For example, an consideration in the establishment of requirements. Sources that already inspection can identify points along the GACT. The Agency proposed GACT operate CPMS have the option of ductwork where PM may be building up standards for the chemical preparations continuing to use their existing system inside the duct and consequently falling area source category that were to demonstrate compliance. out of leaks in the ductwork, indicating established consistent with the Consequently, we believe that the not only the existence of a possible leak, requirements of CAA section 112(d)(5). proposed compliance deadline of 1 year but that the amount of vacuum that the Finally, even though not required, is adequate. system was designed to induce is not EPA did provide a rationale for why it being achieved. We do, however, E. Continuous Monitoring, Inspections set a GACT standard in the proposed recognize the need for inspection safety and Reporting rule. In the proposal, we explained that and have added provisions to the final the facilities in the chemical Comment. One commenter stated that rule that reduce inspection preparations area source category at CEMS are not applicable to small requirements for sections of ductwork issue here are already well controlled chemical preparations operations. that are deemed to be unsafe or difficult for the urban HAP for which the source Response. We agree with the to inspect. category was listed pursuant to section commenter that current permit data do Comment. Several commenters 112(c)(3). See 74 FR 39018 through and not support requiring CEMS for existing contended that semiannual reporting is 39019. Consideration of costs and sources. The final rule does not contain too burdensome for area sources and is economic impacts is especially any CEMS requirements. more appropriate for major source important for the well-controlled area Comment. Several commenters requirements. sources at issue in this final action. contended that the use of CPMS was Response. We have revised the final Given the current, well-controlled uncommon at existing chemical rule reporting requirements so that emission levels, a MACT floor preparations facilities, and that the costs sources must submit an annual report determination, where costs cannot be of installing these systems were not instead of semi-annual reports if no considered, could result in only accounted for in the proposed rule. deviations occur. If a deviation occurs, marginal reductions in emissions at very Response. We agree that requiring then a semi-annual report must be high costs for the area source category. CPMS installation and operation for submitted that summarizes the D. Initial Compliance existing sources that do not already deviation and describes the corrective actions taken by the facility. Comment. Several commenters utilize such a system to monitor their contended that EPA proposed a very control device’s performance may not be F. Title V Permitting economically feasible based upon data short compliance deadline for existing Comment. One commenter argued from the commenters. As a result, we sources—only one year from issuance of that the agency’s proposal to exempt the have revised the rule so that existing the final rule. The commenters argue chemical preparations area source and new sources can demonstrate that the proposed one-year compliance category from title V requirements is continuous compliance through the use deadline is premised upon EPA’s unlawful and arbitrary. The commenter of any of the following: (1) A CPMS; (2) assumption, which they do not agree states that section 502(a) of the CAA a bag leak detection system that notifies with, that sources will not have to authorizes EPA to exempt area source operators when a leak is detected; or (3) install or modify air pollution control or categories from title V permitting a parameter monitor with an audible monitoring equipment to meet the requirements if the Administrator finds alarm that notifies operators when a standards. that compliance with such requirements Response. We generally disagree, monitored control device parameter, is ‘‘impracticable, infeasible or particularly when additional such as pressure drop or scrubber liquid unnecessarily burdensome.’’ 42 U.S.C. flexibilities included in the final rule flow rate, is outside of the control section 7661a(a). The commenter notes are considered. The comment appears to device manufacturer’s that EPA did not claim that title V be premised on an incorrect assumption recommendations. Note that neither the requirements are impracticable or that new control devices will need to be bag leak detection system nor the infeasible for the chemical preparations installed to comply with the PM parameter monitor alarm systems area source category it proposes to emission limits. We continue to believe require a data acquisition and handling exempt, but that EPA instead relied that additional add-on controls will not system to function properly, which, entirely on its claim that title V would be needed to comply with the final according to commenters, is the be ‘‘unnecessarily burdensome.’’ predominant portion of the cost of a GACT standards, particularly since we Response. Section 502(a) of the CAA CPMS. revised the proposed GACT limits by states, in relevant part, that: providing an alternative PM Comment. Several commenters concentration limit. Likewise, we have contended that the inspection * * * [t]he Administrator may, in the revised the proposed monitoring requirements were too burdensome, Administrator’s discretion and consistent with the applicable provisions of this requirements by providing compliance arguing that the vent collection system chapter, promulgate regulations to exempt alternatives for existing and new may be difficult to access or inspect and one or more source categories (in whole or facilities. Sources may use a CPMS, a that inspections are unnecessary in part) from the requirements of this bag leak detection system or a parameter because the vent collection systems are subsection if the Administrator finds that monitor alarm system that notifies the induced draft systems. compliance with such requirements is

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impracticable, infeasible, or unnecessarily for an area source category. As stated Instead, the factors are to be considered burdensome on such categories, except that above, the CAA provides the in combination and EPA determines the Administrator may not exempt any major Administrator discretion to exempt an whether the factors, taken together, source from such regulations. See 42 U.S.C. area source category from title V if he/ support an exemption from title V for a section 7661a(a). she determines that compliance with particular source category. The statute plainly vests the title V requirements is ‘‘impracticable, The commenter asserts that ‘‘EPA Administrator with discretion to infeasible, or unnecessarily must show that the ‘‘burden’’ of determine when it is appropriate to burdensome’’ on an area source compliance is unnecessary.’’ This is not, exempt non-major (i.e., area) sources of category. See CAA section 502(a). In however, one of the four factors that we air pollution from the requirements of December 2005, in a national developed in the Exemption Rule in title V. The commenter correctly notes rulemaking, EPA interpreted the term interpreting the term ‘‘unnecessarily that EPA based the proposed ‘‘unnecessarily burdensome’’ in CAA burdensome’’ in CAA section 502, but exemptions solely on a determination section 502 and developed a four factor rather a new test that the commenter that title V is ‘‘unnecessarily balancing test for determining whether maintains EPA ‘‘must’’ meet in burdensome,’’ and did not rely on title V is unnecessarily burdensome for determining what is ‘‘unnecessarily whether the requirements of title V are a particular area source category, such burdensome’’ under CAA section 502. ‘‘impracticable’’ or ‘‘infeasible,’’ which that an exemption from title V is EPA did not re-open its interpretation of are alternative bases for exempting area appropriate. See 70 FR 75320, December the term ‘‘unnecessarily burdensome’’ sources from title V. 19, 2005 (‘‘Exemption Rule’’). In in CAA section 502 in the August 5, To the extent the commenter is addition to interpreting the term 2009 proposed rule for the chemical asserting that EPA must determine that ‘‘unnecessarily burdensome’’ and preparation area source category. all three criteria in CAA section 502 are developing the four factor balancing test Rather, we applied the four factor met before an area source category can in the Exemption Rule, EPA applied the balancing test articulated in the be exempted from title V, the test to certain area source categories. Exemption Rule to this source category. commenter misreads the statute. The The four factors that EPA identified in Had we sought to re-open our statute expressly provides that EPA may the Exemption Rule for determining interpretation of the term exempt an area source category from whether title V is unnecessarily ‘‘unnecessarily burdensome’’ in CAA title V requirements if EPA determines burdensome on a particular area source section 502 and modify it from what that the requirements are category include: (1) Whether title V was articulated in the Exemption Rule, ‘‘impracticable, infeasible or would result in significant we would have stated so in the August unnecessarily burdensome.’’ See CAA improvements to the compliance 5, 2009 proposed rule and solicited section 502. If Congress had wanted to requirements, including monitoring, comments on a revised interpretation, require that all three criteria be met recordkeeping, and reporting, that are which we did not do. Accordingly, we before a category could be exempted proposed for an area source category (70 reject the commenter’s attempt to create from title V, it would have stated so by FR 75323); (2) whether title V a new test for determining what using the word ‘‘and,’’ in place of ‘‘or.’’ permitting would impose significant constitutes ‘‘unnecessarily burdensome’’ For the reasons explained in the burdens on the area source category and under CAA section 502, as that issue preamble to the proposed rule, we whether the burdens would be falls outside the purview of this believe that it is appropriate to exempt aggravated by any difficulty the sources rulemaking. sources in the chemical preparation area may have in obtaining assistance from Moreover, had the comment been source category, which are not permitting agencies (70 FR 75324); (3) framed as a request to reopen our otherwise required to have a title V whether the costs of title V permitting interpretation of the term permit, from title V permitting and, on for the area source category would be ‘‘unnecessarily burdensome’’ in CAA that basis, have retained the exemption justified, taking into consideration any section 502, which it was not, we would in the final rule. potential gains in compliance likely to deny such request because we have a Comment. One commenter stated that occur for such sources (70 FR 75325); court-ordered deadline to complete this in order to demonstrate that compliance and (4) whether there are rulemaking by December 16, 2009. In with title V would be ‘‘unnecessarily implementation and enforcement any event, although the commenter burdensome,’’ EPA must show, among programs in place that are sufficient to espouses a new interpretation of the other things, that the ‘‘burden’’ of assure compliance with the NESHAP for term ‘‘unnecessarily burdensome’’ in compliance is unnecessary. According the area source category, without relying CAA section 502 and attempts to create to the commenter, by promulgating title on title V permits (70 FR 75326). a new test for determining whether the V, Congress indicated that it viewed the In discussing the above factors in the requirements of title V are burden imposed by its requirements as Exemption Rule, we explained that we ‘‘unnecessarily burdensome’’ for an area necessary as a general rule. The considered on ‘‘a case-by-case basis the source category, the commenter does commenter maintained that the title V extent to which one or more of the four not explain why EPA’s interpretation of requirements provide many benefits that factors supported title V exemptions for the term ‘‘unnecessarily burdensome’’ is Congress viewed as necessary. Thus, in a given source category, and then we arbitrary, capricious or otherwise not in the commenter’s view, EPA must show assessed whether considered together accordance with law. We maintain that why, for any given category, special those factors demonstrated that our interpretation of the term circumstances make compliance compliance with title V requirements ‘‘unnecessarily burdensome’’ in section unnecessary. The commenter believed would be ‘unnecessarily burdensome’ 502, as set forth in the Exemption Rule, that EPA has not made that showing for on the category, consistent with section is reasonable. the chemical preparations area source 502(a) of the Act.’’ See 70 FR 75323. Comment. One commenter stated that category it proposes to exempt. Thus, we concluded that not all of the exempting a source category from title V Response. EPA does not agree with four factors must weigh in favor of permitting requirements deprives both the commenter’s characterization of the exemption for EPA to determine that the public generally and individual demonstration required for determining title V is unnecessarily burdensome for members of the public who would that title V is unnecessarily burdensome a particular area source category. obtain and use permitting information

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from the benefit of citizen oversight and of title V are ‘‘unnecessarily commenter does not provide any enforcement that Congress plainly burdensome’’ on an area source information indicating that States will viewed as necessary. According to the category. Specifically, the commenter treat information submitted under these commenter, the text and legislative argues that EPA does not claim or NESHAP differently than information history of the CAA provide that demonstrate with substantial evidence submitted pursuant to a title V permit. Congress intended ordinary citizens to that citizens would have the same Even accepting the commenter’s be able to get emissions and compliance access to information and the same assertions that it is more difficult for information about air toxics sources and ability to enforce under these NESHAP, citizens to enforce the NESHAP absent to be able to use that information in absent title V. The commenter’s position a title V permit, which we dispute, in enforcement actions and in public represents a significant revision of the evaluating the fourth factor in EPA’s policy decisions on a State and local fourth factor that EPA developed in the balancing test, EPA concluded that there level. Exemption Rule in interpreting the term are adequate implementation and The commenter stated that Congress ‘‘unnecessarily burdensome’’ in CAA enforcement programs in place to did not think that enforcement by States section 502. For all of the reasons enforce the NESHAP. The commenter or other government entities was explained above, the commenter’s has provided no information to the enough; if it had, Congress would not attempt to create a new test for EPA to contrary or explained how the absence have enacted the citizen suit provisions, meet in determining whether title V is of title V actually impairs the ability of and the legislative history of the CAA ‘‘unnecessarily burdensome’’ on an area citizens to enforce the provisions of this would not show that Congress viewed source category cannot be sustained. NESHAP. Furthermore, the fourth factor citizens’ access to information and This rulemaking did not re-open EPA’s is just one of the factors that we ability to enforce CAA requirements as interpretation of the term evaluated in determining if the title V highly important both as an individual ‘‘unnecessarily burdensome’’ in CAA requirements were unnecessarily right and as a crucial means to ensuring section 502. EPA reasonably applied the burdensome. As explained above, we compliance. According to the four factors to the facts of the chemical considered that factor together with the commenter, if a source does not have a preparation area source category, and other factors and determined that it was title V permit, it is difficult or the commenter has not identified any appropriate to finalize the proposed impossible—depending on the laws, flaw in EPA’s application of the four exemption for the chemical preparation regulations and practices of the State in factor test. area source category. which the source operates—for a Moreover, as explained in the Comment. One commenter explained member of the public to obtain relevant proposal, we considered that title V provides important information about its emissions and implementation and enforcement issues monitoring benefits, and, according to compliance status. The commenter in the fourth factor of the four factor the commenter, EPA assumes that title stated that likewise, it is difficult or balancing test. Specifically, the fourth V monitoring would not add any impossible for citizens to bring factor of EPA’s unnecessarily monitoring requirements beyond those enforcement actions. burdensome analysis provides that EPA required by the regulations for the The commenter continued that EPA will consider whether there are source category. The commenter said does not claim—far less demonstrate implementation and enforcement that in its proposal EPA proposed with substantial evidence, as would be programs in place that are sufficient to ‘‘using parametric monitoring’’ of either required—that citizens would have the assure compliance with the NESHAP process changes or add-on controls. 74 same ability to obtain compliance and without relying on title V permits. See FR at 39020. The commenter further emissions information about sources in 74 FR 39021. states that ‘‘EPA argues that its proposed the categories it proposes to exempt In applying the fourth factor here, standard, by including these without title V permits. The commenter EPA determined that there are adequate requirements, provides monitoring also said that likewise, EPA does not enforcement programs in place to assure ‘sufficient to assure compliance’ with claim—far less demonstrate with compliance with the CAA. As stated in the proposed rule. Id. At 39021. The substantial evidence—that citizens the proposal, we believe that State- commenter maintains that EPA made would have the same enforcement delegated programs are sufficient to conclusory assertions and that the ability. Thus, according to the assure compliance with the NESHAP Agency failed to provide any evidence commenter, the exemptions EPA and that EPA retains authority to to demonstrate that the proposed proposes plainly eliminate benefits that enforce this NESHAP under the CAA. monitoring requirements will assure Congress thought necessary. The See 74 FR 39021. We also indicated that compliance with the NESHAP for the commenter claimed that to justify its States and EPA often conduct voluntary exempt sources. The commenter stated exemptions, EPA would have to show compliance assistance, outreach, and that, for this reason as well, EPA’s claim that the informational and enforcement education programs to assist sources that title V requirements are benefits that Congress intended title V and that these additional programs will ‘‘unnecessarily burdensome’’ is arbitrary to confer—benefits which the supplement and enhance the success of and capricious, and the exemption is commenter argues are eliminated by the compliance with this NESHAP. See 74 unlawful and arbitrary and capricious. exemptions—are for some reason FR 39021. The commenter does not Response. The EPA used the four unnecessary with respect to the challenge the conclusion that there are factor test to determine if title V categories it proposes to exempt. adequate State and Federal programs in requirements were unnecessarily The commenter concluded that EPA place to ensure compliance with and burdensome for the chemical does not even acknowledge these enforcement of the NESHAP. Instead, preparation area source category. In the benefits of title V, far less explain why the commenter provides an first factor, EPA considers whether they are unnecessary, and that, for this unsubstantiated assertion that imposition of title V requirements reason alone, EPA’s proposed information about compliance by the would result in significant exemptions are unlawful and arbitrary. area sources with these NESHAP will improvements to the compliance Response. Once again, the commenter not be as accessible to the public as requirements that are proposed for the attempts to create a new test for information provided to a State area source category. See 70 FR 75323. determining whether the requirements pursuant to title V. In fact, the It is in the context of this first factor that

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EPA evaluates the monitoring, if imposition of title V permitting compliance with the emission limits recordkeeping and reporting requirements is unnecessarily finalized in this rule. The source must requirements of the proposed NESHAP burdensome for the chemical also submit semi-annual or annual to determine the extent to which those preparations area source category. The compliance reports to the permitting requirements are consistent with the commenter also mischaracterizes the agency. This information is available to requirements of title V. first factor of the four factor balancing the public once the source has filed the The commenter asserts that ‘‘EPA test with regard to determining whether required compliance reports with the argues that its proposed standard, by imposition of title V would result in permitting agency. including these requirements, provides significant improvements in The EPA believes that these monitoring ‘sufficient to assure compliance. In addition, the commenter requirements in the rule itself, including compliance’ with the proposed rule.’’ mischaracterizes the analysis in the the requirement to provide information EPA does in fact believe that the third factor of the balancing test which about the source’s compliance that is requirements in the proposed standard, instructs EPA to take into account any available to the public, are sufficient to which are carried forward in this final gains in compliance that would result ensure compliance with the rule, provide monitoring ‘‘sufficient to from the imposition of the title V requirements of the rule, and does not assure compliance.’’ The commenter requirements. feel that title V requirements, if does not provide any evidence that First, EPA nowhere states, nor does it applicable to these sources, would offer contradicts this conclusion. believe, that title V never confers significant improvements in Based on the foregoing, we considered additional compliance benefits as the compliance. whether title V monitoring requirements commenter asserts. Rather, EPA Third, the commenter incorrectly would lead to significant improvements considered potential additional characterizes our statements in the in the monitoring requirements in the compliance benefits resulting from proposed rule concerning our proposed NESHAP and determined that requiring a title V permit for sources in application of the third factor. Under they would not. We believe that the the chemical preparations area source the third factor, EPA evaluates ‘‘whether monitoring, recordkeeping and category and, nevertheless, concluded the costs of title V permitting for the reporting requirements in this area that requiring title V permits would be area source category would be justified, source rule are sufficient to assure unnecessarily burdensome. taking into consideration any potential compliance. For the reasons described Second, the commenter gains in compliance likely to occur for above and in the proposed rule, the first mischaracterizes the first factor by such sources.’’ Contrary to what the factor supports exempting this area asserting that EPA must demonstrate commenter alleges, EPA did not state in source category from title V that title V will provide no additional the proposed rule that compliance with requirements. Further, as explained compliance benefits. The first factor title V would not yield any gains in above, we determined that the factors, calls for a consideration of ‘‘whether compliance with the underlying weighed together, support exemption of title V would result in significant requirements in the relevant NESHAP, the chemical preparations area source improvements to the compliance nor does factor three require such a category from title V. requirements, including monitoring, determination. Comment. According to one recordkeeping, and reporting, that are Instead, consistent with the third commenter, EPA argued that proposed for an area source category.’’ factor, we considered whether the costs compliance with title V would not yield Thus, contrary to the commenter’s of title V are justified in light of any any gains in compliance with assertion, the inquiry under the first potential gains in compliance. In other underlying requirements in the relevant factor is not whether title V will provide words, EPA must consider the costs of NESHAP (74 FR 39021). The commenter any compliance benefit, but rather title V permitting requirements in stated that EPA’s conclusory claim whether it will provide significant conjunction with any improvement in could be made equally with respect to improvements in compliance compliance above what the rule requires any major or area source category. requirements. and, on that basis, determine whether According to the commenter, the EPA believes that the monitoring, those costs would be justified. EPA Agency provides no specific reasons to recordkeeping, and reporting determined that approximately 40 believe—with respect to any of the requirements in the final rule are percent (10 of the 26) of the sources that categories it proposes to exempt—that sufficient both to assure compliance EPA believes would be subject to the the additional informational, with the requirements of the rule and to chemical preparations area source rule monitoring, reporting, certification, and allow the public the opportunity to are small businesses with limited enforcement requirements that exist in obtain knowledge about the source, resources. As stated in the proposal (74 title V, but not in these NESHAP, would consistent with two of the goals of title FR 39021), EPA estimated that the not provide additional compliance V permitting. For example, in the Initial average cost of obtaining and complying benefits. The commenter also stated that Notification, the source must identify its with a title V permit was $65,700 per the only basis for EPA’s claim is, size, whether it must meet any of the source for a 5-year permit period, apparently, its beliefs that those GACT requirements in the rule, and including fees. See Information additional requirements never confer how it plans to comply with applicable Collection Request for Part 70 Operating additional compliance benefits. rule requirements. The source must Permit Regulations, 72 FR 32290, June According to the commenter, by certify how it is complying with the rule 12, 2007, EPA ICR Number 1587.07. advancing such an argument, EPA and that it has complied with the Based on this information, EPA merely seeks to elevate its own policy requirements to: (1) Establish determined that there is a significant judgment over Congress’ decisions recordkeeping to demonstrate cost burden to the industry to require reflected in the CAA’s text and compliance with the emission limits; (2) title V permitting for all the sources legislative history. establish monitoring of the controls as subject to the rule. In addition, in Response. The commenter takes out of required; and, (3) establish analyzing factor one, EPA found that context certain statements in the recordkeeping regarding the parametric imposition of the title V requirements proposed rule concerning the factors monitoring requirements. The source offers no significant improvements in used in the balancing test to determine must keep records to document ongoing compliance. In considering the third

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factor, we stated in part that, ‘‘Because ‘‘unnecessarily burdensome’’ is a burdensome, we concluded that, the costs, both economic and non- reasonable one. In addition, our because approximately 40 percent (10 of economic, of compliance with title V are determination to exempt the chemical the 26) of the sources were small high for any small entity, and the preparations area source category from businesses with limited resource, the potential for gains in compliance is low, title V is specific to this rule, and is not, costs imposed on the source category title V permitting is not justified for this as the commenter suggests, reflective of were significant compared to the source category. Accordingly, the third a general view that title V requirements additional compliance benefits offered factor supports title V exemptions for are unnecessary. We review the facts of by the title V permitting process. this area source category.’’ See 74 FR each area source category individually Comment. One commenter stated that 39021. in determining whether to exempt the the legislative history of the CAA shows Most importantly, EPA considered all category, or a portion of the category, that Congress did not intend EPA to four factors in the balancing test in from the requirements of title V exempt source categories from determining whether title V was pursuant to section 502. To the extent compliance with title V unless doing so unnecessarily burdensome on the the commenter asserts that our would not adversely affect public chemical preparations area source application of the fourth factor is health, welfare, or the environment. category. EPA found it reasonable after flawed, we disagree. The fourth factor Nonetheless, according to the considering all four factors to exempt involves a determination as to whether commenter, EPA does not make any this source category from the permitting there are implementation and showing that its exemptions would not requirements in title V. This rulemaking enforcement programs in place that are have adverse impacts on health, welfare did not re-open EPA’s interpretation of sufficient to assure compliance with the and the environment. The commenter the term ‘‘unnecessarily burdensome’’ rule without relying on the title V stated that, instead, EPA offered only in CAA section 502. Because the permits. In discussing the fourth factor the conclusory assertion that ‘‘the level commenter’s statements do not in the proposal, EPA states that, prior to of control would remain the same’’ demonstrate a flaw in EPA’s application delegating implementation and whether title V permits are required or of the four factor balancing test to the enforcement to a State, EPA must ensure not. specific facts of the chemical that the State has programs in place to The commenter continued by stating preparations source category, the enforce the rule. EPA believes that these that EPA relied entirely on the comments provide no basis for the programs will be sufficient to assure conclusory arguments advanced Agency to reconsider its proposal to compliance with the rule. EPA also elsewhere in its proposal that exempt the area source category from retains authority to enforce this compliance with title V would not yield title V. NESHAP anytime under CAA sections additional compliance with the Comment. According to one 112, 113 and 114. EPA also noted other underlying NESHAP. The commenter commenter, ‘‘[t]he agency does not factors in the proposal that together are stated that those arguments are wrong identify any aspect of any of the sufficient to assure compliance with this for the reasons given above, and underlying NESHAP showing that with area source standard. therefore EPA’s claims about public respect to these specific NESHAP— The commenter argues that EPA health, welfare and the environment are unlike all the other major and area cannot exempt this area source from wrong too. The commenter also stated source NESHAP it has issued without title V permitting requirements because that Congress enacted title V for a title V exemptions—title V compliance ‘‘[t]he agency does not identify any reason: To assure compliance with all is unnecessary.’’ Instead, according to aspect of any of the underlying NESHAP applicable requirements and to the commenter, EPA merely pointed to showing that with respect to these empower citizens to get information and existing State requirements and the specific NESHAP—unlike all the other enforce the CAA. The commenter said potential for actions by States and EPA major and area source NESHAP it has that those benefits—of which EPA’s that are generally applicable to all issued without title V exemptions—title proposed rule deprives the public— categories (along with some small V compliance is unnecessary.’’ As an would improve compliance with the business and voluntary programs). The initial matter, EPA cannot exempt major underlying standards and thus have commenter said that, absent a showing sources from title V permitting 42 U.S.C. benefits for public health, welfare and by EPA that distinguishes the sources it 502(a). As for area sources, the standard the environment. According to the proposes to exempt from other sources, that the commenter proposes—that EPA commenter, EPA has not demonstrated the Agency’s argument boils down to must show that ‘‘title V compliance is that these benefits are unnecessary with the generic and conclusory claim that it unnecessary’’—is not consistent with respect to any specific source category, generally views title V requirements as the standard the Agency established in but again simply rests on its own unnecessary. The commenter stated the Exemption Rule and applied in the apparent belief that they are never that, while this may be EPA’s view, it proposed rule in determining if title V necessary. was not Congress’ view when Congress requirements are unnecessarily The commenter concluded that, for enacted title V, and a general view that burdensome for the chemical the reasons given above, the attempt to title V is unnecessary does not suffice to preparations area source category. substitute EPA’s judgment for Congress’ show that title V compliance is Furthermore, we disagree that the is unlawful and arbitrary. unnecessarily burdensome. basis for excluding the chemical Response. Congress gave the Response. The commenter again takes preparations area source category from Administrator the authority to exempt issue with the Agency’s test for title V requirements is generally area sources from compliance with title determining whether title V is applicable to any source category. As V if, in his or her discretion, the unnecessarily burdensome, as explained in the proposal preamble and Administrator ‘‘finds that compliance developed in the Exemption Rule. Our above, we balanced the four factors with [title V] is impracticable, interpretation of the term considering the facts and circumstances infeasible, or unnecessarily ‘‘unnecessarily burdensome’’ is not the of the chemical preparations area source burdensome.’’ See CAA section 502(a). subject of this rulemaking. In any event, category. For example, in assessing EPA has interpreted one of the three as explained above, we believe the whether the costs of requiring the justifications for exempting area Agency’s interpretation of the term sources to obtain a title V permit was sources, ‘‘unnecessarily burdensome,’’

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as requiring consideration of the four chemical by giving a chemical abstracts chemicals below these concentration factors discussed above. EPA applied service (CAS) number. According to the levels. See 40 CFR 372.38, Toxic these four factors to the chemical commenter, this will make it more Chemical Release Reporting: preparations area source category and specific and direct (i.e., is trivalent Community Right-To-Know (Reporting concluded that requiring title V for this chromium applicable as chromium or Requirements). Accordingly, the area source category would be not). The commenter proceeds to say percentages noted in the definition of unnecessarily burdensome. that giving the CAS numbers and stating ‘‘target HAP-containing’’ define the In addition to determining that title V the fact that only these specific CAS scope of the listed source category; they would be unnecessarily burdensome on numbers are applicable to the rule are not exemptions. sources in the chemical preparations would clarify applicability. The To address the potential for area source category, consistent with the commenter, along with another inconsistency with reporting Exemption Rule, EPA also considered commenter, also questioned whether requirements, we have revised the whether exempting the chemical there are distinctions between trivalent definition of ‘‘target HAP-containing’’ to preparations area source category from and hexavalent chromium compounds reflect the different thresholds for title V would adversely affect public in the rule. One commenter noted that trivalent and hexavalent chromium health, welfare or the environment. As the de minimis thresholds are different compounds as follows: explained in the proposal preamble, we in OSHA requirements and the Toxics Target HAP-containing means raw concluded that exempting the chemical Release Inventory’s (TRI’s) reporting materials, intermediates, or products preparations area source category from requirements. Several commenters that contain one or more target HAP. title V would not adversely affect public asked, in general, whether there were Any material that contains compounds health, welfare or the environment going to be de minimis exemptions of chromium (VI), lead, or nickel in because the level of control would be provided in the applicability amounts greater than or equal to 0.1 the same even if title V applied. We requirements of the rule. percent by weight (as the metal), or further explained that the title V permit Response. The CAA specifically lists manganese or chromium (III) program does not generally impose new ‘‘chromium compounds’’ as a hazardous compounds in amounts greater than or substantive air quality control air pollutant. In our original listing for equal to 1.0 percent by weight (as the requirements on sources, but instead the Urban Air Toxics Strategy (64 FR metal) is considered to be target HAP- requires that certain procedural 38706, July 19, 1999), we listed containing. Target HAP content is measures be followed, particularly with ‘‘chromium compounds’’ as one of the shown in the formulation data provided respect to determining compliance with Urban HAP targeted for the Integrated by the manufacturer or supplier, such as applicable requirements. The Urban Air Toxics Strategy. CAA section the Material Safety Data Sheet for the commenter has not provided any 112(c)(3) requires us to list source material. information that demonstrates that categories accounting for 90 percent of Comment. One commenter suggested exemption of the chemical preparations the emissions of each of the listed urban that the term ‘‘responsible official’’ be area source category from title V will HAP, including chromium compounds. defined in the rule, believing that plant adversely affect public health, welfare As explained above, we need the manager at some smaller plants may not or the environment. chemical preparations area source qualify as a ‘‘responsible official’’ category at issue here to reach the 90 G. Cost Impacts according to the General Provisions. percent requirement in CAA section According to the commenter, this would Comment. Several commenters stated 112(c)(3) for chromium compounds. result in facilities having the additional that compliance costs are Many of our control strategies for burden of requesting delegation of this underestimated for sources that chromium and other metal HAP involve through an implementing agency. The currently do not have monitoring the use of PM as a surrogate for commenter suggests following the systems and/or controls. chromium and other metal HAP. These approach and definition used in the Response. We generally disagree, PM control strategies control all National Perchloroethylene Air particularly considering additional chromium compounds along with PM Emission Standards for Dry Cleaning flexibilities that are included in the final and other metal HAP, therefore the form Facilities Regulation (‘‘Dry Cleaning rule. The commenter’s assertion appears of chromium would not change the type NESHAP,’’ 40 CFR part 63, subpart M). to be premised on the commenters’ of PM control strategy we choose. In Response. We agree with the assumption that sources will need to summary, although we recognize the commenter that there may be install new control devices. As we differences in the health effects of unnecessary burdens associated with indicated in the proposed rule, we do hexavalent and trivalent chromium, we the requirements for delegation of not believe that this will be the case. are required to regulate chromium ‘‘responsible official,’’ as set forth in the Further, with the inclusion of the compounds from the chemical General Provisions, for small facilities alternative 0.03 gr/dscf PM standard, preparations area source category at affected by the rule. The approach issue in this rule. along with the options for utilized by 40 CFR part 63, subpart M As we have pointed out in several demonstrating ongoing compliance seems to be appropriate for the chemical other than CPMS available in the final other area source rulemakings, the CAA section 112(k) inventory was primarily preparations area source category also. rule, we believe that no new capital Therefore, we have revised the costs should be factored into the based on the 1990 TRI, and that is the case for the chemical manufacturing definition of ‘‘responsible official’’ in analysis. As such, we believe that the the final regulation to be more compliance costs previously estimated area source categories as well. The reporting requirements for the TRI do consistent with the definition used in for the proposed rule are a reasonable the Dry Cleaning NESHAP. estimate of the cost of complying with not include de minimis concentrations this rule. of toxic chemicals in mixtures, as VI. Impacts of the Final Standards reflected in the above concentration H. Miscellaneous levels; therefore, the CAA section 112(k) A. What Are the Air Impacts? Comment. One commenter requested inventory would not have included Since 1990, the performance of the that EPA be more specific as to the emissions from operations involving PM control technology utilized by the

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chemical preparations industry has not The additional cost of one-time determined that this action is a advanced significantly. We believe, activities during the first year of ‘‘significant regulatory action’’ because however, that market forces, such as the compliance is estimated to be it may raise novel legal or policy issues. economic benefits inherent in approximately $2,400 per facility. This Accordingly, EPA submitted this action minimizing raw material or product includes labor hours for reading and to the OMB for review under Executive losses from dust emissions, have understanding the rule, preparation of Order 12866 and any changes made in encouraged widespread use of these the Initial Notification of Applicability, response to the OMB recommendations controls. Further, improvements in preparation of the Notification of have been documented in the docket for formulations of products produced by Compliance Status, development of a this action. the chemical preparations industry, record system, and personnel training, B. Paperwork Reduction Act such as reduction or elimination of lead for an industry-wide average estimate of chromate in certain products, have approximately 32 hours per facility in The information collection enabled the industry to further reduce the first year for one-time activities. The requirements in this final rule have been their air impacts. Therefore, while this resulting total hours for one-time submitted to OMB for approval under final rule does not require air emission activities, ongoing inspections, the Paperwork Reduction Act, 44 U.S.C. reductions from existing sources beyond recordkeeping and semiannual 3501 et seq. The information collection those currently being achieved by such compliance reporting (assumes worst- requirements are not enforceable until sources, we believe that this final rule case scenario where a deviation occurs) OMB approves them. reflects significant reductions in activities for the first year of compliance The recordkeeping and reporting emissions since 1990 based on the use are 113 hours per facility. requirements in this final rule are based of effective PM control technology and Information on our cost impact on the requirements in EPA’s NESHAP General Provisions (40 CFR part 63, ensures that affected sources maintain estimates on the sources in the chemical subpart A). The recordkeeping and and operate the control equipment such preparations area source category is reporting requirements in the General that the performance level is available in the docket for this final Provisions are mandatory pursuant to maintained. rule. (See Docket ID No. EPA–HQ– section 114 of the CAA (42 U.S.C 7414). OAR–2009–0028). B. What Are the Cost Impacts? All information other than emissions All existing chemical preparations C. What Are the Economic Impacts? data submitted to EPA pursuant to the industry facilities are expected to The only measurable costs information collection requirements for currently be achieving the level of attributable to these final standards are which a claim of confidentiality is made control required by the final standards. associated with the monitoring, is safeguarded according to with CAA section 114(c) and the Agency’s That is, we believe that all existing recordkeeping, and reporting implementing regulations at 40 CFR part sources currently either route vent requirements. These final standards are 2, subpart B. streams from specified equipment that estimated to impact a total of 26 area This final NESHAP requires chemical use target HAP to a control device with source facilities. We estimate that preparations area sources to submit an a 95 percent PM reduction efficiency, or approximately 40 percent (10 of 26) of Initial Notification of Applicability and have an outlet PM concentration at or these facilities are small entities as a Notification of Compliance Status below 0.03 gr/dscf. Although this final defined by the SBA. Our analysis according to the requirements in 40 CFR rule contains requirements for new area indicates that compliance with this final sources, we are not aware of any new 63.9 of the General Provisions (subpart rule would not have a significant area sources being constructed now or A) and to conduct continuous adverse impact on any facilities, large or planned in the next 3 years, and, parametric monitoring (e.g., device small, since these costs are less than 1 consequently, we did not estimate any parameter alarm), conduct vent percent of revenues for each facility. cost impacts for new sources. Therefore, collection system and control device no additional air pollution control D. What Are the Non-Air Health, inspections and submit semi-annual or devices would be required. No other Environmental, and Energy Impacts? annual compliance reports (as capital costs are associated with this No detrimental secondary impacts are applicable). The total annual burden for this final rule and no operational and expected to occur from compliance with information collection averaged over the maintenance costs are expected because the final rule by chemical preparations we believe that facilities are already first three years of this ICR is estimated industry sources because all facilities following the manufacturer’s to be 2,372 labor hours per year at a are currently achieving the GACT level instructions for proper operation and labor cost of approximately $176,000 or of control. No additional solid waste maintenance of pollution control approximately $6,800 per facility. The would be generated as a result of the PM devices and vent collection systems. total average burden is approximately emissions collected and there are no The annual cost of monitoring 91 hours per facility per year. Burden is additional energy impacts associated (including inspections), reporting, and defined at 5 CFR 1320.3(b). recordkeeping for this final rule is with the operation of control devices at An agency may not conduct or estimated to be approximately $6,800 chemical preparations industry sources. sponsor, and a person is not required to per facility per year after the first year. We expect no increase in the generation respond to, a collection of information The costs are, therefore, expected to be of wastewater or other water quality unless it displays a currently valid OMB less than 1 percent of revenues. The impacts. control number. EPA displays OMB annual estimate includes 20 hours per VII. Statutory and Executive Order control numbers in various ways. For facility per year for preparing Reviews example, EPA lists OMB control semiannual compliance reports, which numbers for EPA’s regulations in 40 are required only if a deviation occurs. A. Executive Order 12866: Regulatory CFR part 9, which we amend Sources with no deviations to report Planning and Review periodically. Additionally, we may must submit annual compliance reports, Under Executive Order 12866 (58 FR display the OMB control number in which would result in less burden than 51735, October 4, 1993), the Office of another part of the CFR, or in a valid estimated. Management and Budget (OMB) has Federal Register notice, or by other

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appropriate means. The OMB control Although this final rule will not have F. Executive Order 13175: Consultation number display will become effective a significant economic impact on a and Coordination With Indian Tribal the earliest of any of the methods substantial number of small entities, Governments authorized in 40 CFR part 9. EPA nonetheless has tried to minimize This action does not have Tribal When this ICR is approved by OMB, the impact of this final rule on small implications, as specified in Executive the Agency will publish a Federal entities. The standards represent Order 13175 (65 FR 67249, November 9, Register notice announcing this practices and controls that are common 2000). This final action imposes no approval and displaying the OMB throughout the chemical preparations requirements on Tribal governments; control number for the approved industry. The standards also require thus, Executive Order 13175 does not information collection requirements only the essential recordkeeping and apply to this action. contained in this final rule. We will also reporting needed to demonstrate and publish a technical amendment to 40 verify compliance. These standards G. Executive Order 13045: Protection of CFR part 9 in the Federal Register to were developed based on information Children From Environmental Health consolidate the display of the OMB obtained from consultation with small and Safety Risks control number with other approved business representatives at the State and EPA interprets Executive Order 13045 information collection requirements. national level and industry as applying only to those regulatory representatives that are affiliated with actions that are based on health or safety C. Regulatory Flexibility Act small businesses. risks, such that the analysis required under section 5–501 of the Executive The Regulatory Flexibility Act D. Unfunded Mandates Reform Act generally requires an agency to prepare Order has the potential to influence the a regulatory flexibility analysis of any This final rule does not contain a regulation. This action is not subject to rule subject to notice and comment Federal mandate that may result in Executive Order 13045 because it is rulemaking requirements under the expenditures of $100 million or more based solely on technology Administrative Procedure Act or any for State, local, and Tribal governments, performance. It is also not other statute unless the agency certifies in the aggregate, or the private sector in ‘‘economically significant’’. that the rule would not have a any one year. The total annual cost of H. Executive Order 13211: Actions significant economic impact on a the rule is estimated at $183,000/yr. Concerning Regulations That substantial number of small entities. This final rule is not expected to impact Significantly Affect Energy Supply, Small entities include small businesses, State, local, or Tribal governments. Distribution, or Use small not-for-profit enterprises, and Thus, this action is not subject to the small governmental jurisdictions. requirements of sections 202 and 205 of This action is not a ‘‘significant energy action’’ as defined in Executive For purposes of assessing the impacts the UMRA. Order 13211 (66 FR 28355 (May 22, of today’s rule on small entities, small This final rule is also not subject to 2001)) because it is not likely to have a entity is defined as (1) a small business the requirements of section 203 of significant adverse effect on the supply, that is engaged in the manufacturing of UMRA because it contains no regulatory distribution, or use of energy. We have chemical preparations as defined by the requirements that might significantly or concluded that this final rule will not Small Business Administration’s (SBA) uniquely affect small governments. This likely have any significant adverse regulations at 13 CFR 121.201; (2) a final rule contains no requirements that energy effects because no additional small governmental jurisdiction that is a apply to such governments, imposes no pollution controls or other equipment government of a city, county, town, obligations upon them, and would not that consume energy will be needed to school district or special district with a result in expenditures by them of $100 comply with the final rule. population of less than 50,000; and (3) million or more in any one year or any a small organization that is any not-for- disproportionate impacts on them. I. National Technology Transfer and profit enterprise which is independently Advancement Act E. Executive Order 13132: Federalism owned and operated and is not Section 12(d) of the National dominant in its field. This action does not have federalism Technology Transfer and Advancement After considering the economic implications. It will not have substantial Act of 1995 (‘‘NTTAA’’), Public Law No. impacts of this final rule on small direct effects on the States, on the 104–113 (15 U.S.C. 272 note) directs entities, I certify that this action will not relationship between the national EPA to use voluntary consensus have a significant economic impact on government and the States, or on the standards (VCS) in its regulatory a substantial number of small entities. distribution of power and activities unless to do so would be This final rule is estimated to impact all responsibilities among the various inconsistent with applicable law or new and 26 existing chemical levels of government, as specified in otherwise impractical. Voluntary preparations area source facilities. We Executive Order 13132. This final rule consensus standards are technical estimate that 10 of these facilities may does not impose any requirements on standards (e.g., materials specifications, be small entities. We have determined State and local governments and test methods, sampling procedures, and that small entity compliance costs, as therefore creates no substantial direct business practices) that are developed or assessed by the facilities’ cost-to-sales effects on the States. Thus, Executive adopted by voluntary consensus ratio, are expected to be less than 1 Order 13132 does not apply to this standards bodies. NTTAA directs EPA percent. The costs are so small that the action. Although section 6 of Executive to provide Congress, through OMB, impact is not expected to be significant. Order 13132 does not apply to this explanations when the Agency decides Although this final rule contains action, EPA did solicit comment from not to use available and applicable VCS. requirements for new area sources, we State program officials and consulted This final rulemaking involves are not aware of any new area sources with representatives of State technical standards. EPA has decided to being constructed now or planned in the governments in developing this action. use EPA Methods 1, 1A, 2, 2A, 2C, 2D, next 3 years, and, consequently, we did A summary of these comments and 2F, 2G, 3, 3A, 3B, 4, and 5. Consistent not estimate any impacts for new EPA’s response to these comments is with the NTTAA, EPA conducted sources. provided in section V of this preamble. searches to identify voluntary consensus

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standards in addition to these EPA Small Business Regulatory Enforcement 63.11588 What definitions apply to this methods. The search identified 16 Fairness Act of 1996, generally provides subpart? voluntary consensus standards that that before a rule may take effect, the Tables of Subpart BBBBBBB of Part 63 were potentially applicable for this rule agency promulgating the rule must Table 1 of Subpart BBBBBBB of Part 63— in lieu of EPA reference methods. EPA submit a rule report, which includes a Emission Reduction and PM has decided to use ASME PTC 19.10– copy of the rule, to each House of Concentration Requirements 1981, ‘‘Flue and Exhaust Gas Analyses’’ Congress and to the Comptroller General Table 2 of Subpart BBBBBBB of Part 63— as an acceptable alternative to EPA of the United States. EPA will submit a Initial Compliance Demonstration Method 3B. EPA determined the 15 report containing this final rule and Methods With the Emission Reduction other candidate VCS (ASTM D3154–00 other required information to the U.S. and PM Concentration Requirements in (2006), ASTM D3464–96 (2007), ASTM Senate, the U.S. House of Table 1 D3796–90 (2004), ISO 10780:1994, Representatives, and the Comptroller Table 3 of Subpart BBBBBBB of Part 63—Test Methods ASME B133.9–1994 (2001), ANSI/ General of the United States prior to ASME PTC 19–10–1981 Part 10, ISO Table 4 of Subpart BBBBBBB of Part 63— publication of this final rule in the Continuous Compliance Demonstration 10396:1993 (2007), ISO 12039:2001, Federal Register. A major rule cannot Methods With the Emission Reduction ASTM D5835–95 (2007), ASTM D6522– take effect until 60 days after it is and PM Concentration Requirements in 00 (2005), CAN/CSA Z223.2–M86 published in the Federal Register. This Table 1 (1999), ISO 9096:1992 (2003), ANSI/ action is not a ‘‘major rule’’ as defined Table 5 of Subpart BBBBBBB of Part 63— ASME PTC–38–1980 (1985), ASTM by 5 U.S.C. 804(2). This final rule will Reporting Requirements D3685/D3685M–98 (2005), CAN/CSA be effective December 30, 2009. Table 6 of Subpart BBBBBBB of Part 63— Z223.1–M1977) identified for measuring General Provisions emissions of pollutants or their List of Subjects in 40 CFR Part 63 Subpart BBBBBBB—National surrogates subject to emission standards Environmental protection, Air Emission Standards for Hazardous Air in the final rule would not be practical pollution control, Hazardous Pollutants for Area Sources: Chemical due to lack of equivalency, substances, Reporting and Preparations Industry documentation, validation data and recordkeeping requirements. other important technical and policy Dated: December 16, 2009. Applicability and Compliance Dates considerations. No applicable voluntary Lisa P. Jackson, consensus standards were identified for § 63.11579 Am I subject to this subpart? EPA Methods 1A, 2A, 2D, 2F, 2G, and Administrator. (a) You are subject to this subpart if 5. ■ For the reasons stated in the preamble, you meet all of the following conditions: Under §§ 63.7(f) and 63.8(f) of subpart title 40, chapter I, part 63 of the Code (1) You own or operate a chemical A of the General Provisions, a source of Federal Regulations is amended as preparations facility (as defined in may apply to EPA for permission to use follows: § 63.11588, ‘‘What definitions apply to alternative test methods or alternative this subpart?’’), monitoring requirements in place of any PART 63—[AMENDED] (2) The chemical preparations facility required testing methods, performance ■ 1. The authority citation for part 63 is a stationary area source of hazardous specifications, or procedures in the final continues to read as follows: air pollutants (HAP) (as defined in rule. § 63.2), and Authority: 42 U.S.C 7401, et seq. (3) The chemical preparations facility J. Executive Order 12898: Federal ■ 2. Part 63 is amended by adding has at least one chemical preparations Actions To Address Environmental subpart BBBBBBB to read as follows: operation in target HAP service (as Justice in Minority Populations and defined in § 63.11588, ‘‘What Low-Income Populations Subpart BBBBBBB—National definitions apply to this subpart?’’). Executive Order 12898 (59 FR 7629, Emission Standards for Hazardous Air (b) The affected source is all chemical February 16, 1994) establishes Federal Pollutants for Area Sources: Chemical preparations operations (as defined in executive policy on environmental Preparations Industry § 63.11588, ‘‘What definitions apply to justice. Its main provision directs Sec. this subpart?’’) located at a facility that Federal agencies, to the greatest extent meets the criteria specified in paragraph practicable and permitted by law, to Applicability and Compliance Dates (a) of this section. make environmental justice part of their 63.11579 Am I subject to this subpart? (1) An affected source is existing if mission by identifying and addressing, 63.11580 What are my compliance dates? you commenced construction, as as appropriate, disproportionately high Standards and Compliance Requirements defined in § 63.2, of the affected source and adverse human health or before August 5, 2009. 63.11581 What are my standards? (2) An affected source is new if you environmental effects of their programs, 63.11582 What are my compliance policies, and activities on minority requirements? commenced construction or populations and low-income 63.11583 What are my monitoring reconstruction, as defined in § 63.2, of populations in the U.S. requirements? the affected source on or after August 5, EPA has determined that this final 63.11584 What are my initial and 2009. rule will not have disproportionately continuous compliance management (c) On and after December 30, 2009, high and adverse human health or practice requirements? if your chemical preparations operation environmental effects on minority or 63.11585 What are my notification, becomes a major source, as defined in low-income populations because it recordkeeping, and reporting § 63.2, you must continue to meet the requirements? increases the level of environmental requirements of this subpart in addition protection for all affected populations. Other Requirements and Information to any maximum achievable control technology standards which may apply K. Congressional Review Act 63.11586 Who implements and enforces this subpart? at that time. The Congressional Review Act, 5 63.11587 What General Provisions sections (d) This subpart does not apply to U.S.C. 801, et seq., as added by the apply to this subpart? research and development facilities, as

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defined in section 112(c)(7) of the Clean the test meets the following supporting documentation must contain Air Act. requirements. the items specified in paragraphs (d)(1) (e) You are exempt from the (i) The test was conducted under through (d)(5) of this section. These obligation to obtain a permit under 40 conditions that represent normal calculations and supporting CFR part 70 or 40 CFR part 71, provided operation. documentation must be included in you are not otherwise required by law (ii) The test was performed using the your NOCSR (in accordance with to obtain a permit under 40 CFR 70.3(a) methods specified in Table 3 of this § 63.11585(b)(3)). or 40 CFR 71.3(a). Notwithstanding the subpart. (1) Calculations and supporting previous sentence, you must (iii) The test was conducted with a documentation, such as delivery continuously comply with the minimum of three separate test runs, as receipts, production logs and raw provisions of this subpart. specified in § 63.7(e)(3). material safety data sheets that quantify (f) You are exempt from the (b) If you choose to demonstrate the amount of raw materials used in the requirements specified in this subpart if compliance with the emission reduction manufacture of chemical preparations the chemical preparations operations at or 0.03 gr/dscf PM concentration (as defined in § 63.11588) in the prior your facility are subject to the requirements in Table 1 of this subpart calendar year. requirements specified in subpart by conducting an emissions test, you (2) Calculations and supporting VVVVVV or subpart CCCCCCC of this must follow the requirements specified documentation, such as sales receipts, part. in paragraphs (b)(1) through (b)(4) of production logs and product material this section and include the results in safety data sheets (MSDS) for chemical § 63.11580 What are my compliance your Notification of Compliance Status dates? preparations (as defined in § 63.11588) Report (NOCSR) in accordance with products that quantify the amount of (a) If you own or operate an existing § 63.11585(b)(3). products produced by the chemical affected source, you must achieve (1) You must conduct the tests under preparations operations in the prior compliance with the applicable conditions that represent normal calendar year. provisions in this subpart no later than operation. (3) Calculations and supporting December 30, 2010. (2) You must perform the test using documentation of raw material losses to (b) If you start up a new affected the methods specified in Table 3 of this source on or before December 30, 2009, the atmosphere from the chemical subpart. preparations operations. This quantity you must achieve compliance with this (3) You must conduct a minimum of subpart no later than December 30, (Qi in the equations in paragraph (5) of three separate test runs for each this section) is the amount of target 2009. performance test required in this (c) If you start up a new affected HAP-containing PM in the uncontrolled section, as specified in § 63.7(e)(3). air emissions from the chemical source after December 30, 2009, you (4) You must use the following must achieve compliance with this preparations operation, and does not equation to demonstrate compliance include quantified and documented subpart upon startup of your affected with the emission reduction source. losses to solid or liquid waste streams, requirements specified in Table 1 of this or material that is recycled back into the Standards and Compliance subpart: chemical preparations operation. Requirements RE = [1 ¥ (Ci ¥ Co)/Ci]*100 (4) Calculation and supporting § 63.11581 What are my standards? Where: documentation of quantities of target RE = PM removal efficiency, percent. HAP-containing PM captured by the You must meet one of the vent collection system and PM control requirements in paragraph (a) or (b) of Ci = Concentration of PM at inlet of control device, gr/dscf. device for the calendar year prior to the this section that apply to you. These Co = Concentration of PM at outlet of control compliance date (Qo in the equations in standards apply at all times. device, gr/dscf. paragraph (5) of this section). (a) You must meet one of the emission (5) Use one of the following standards in Table 1 of this subpart and (c) If you choose to demonstrate calculation methods to demonstrate the management practices in compliance with the emission reduction compliance with the requirements § 63.11584(a) through (c) of this subpart, or 0.03 gr/dscf PM concentration specified in Table 1 of this subpart: or requirements specified in Table 1 of this (i) For emission reduction, use the (b) You must demonstrate that the subpart by providing control device results of the calculations from particulate matter concentration of each manufacturer’s performance guarantee paragraphs (d)(3) and (d)(4) of this of the process vent streams from information, then you must include the section in the following equation: equipment in target HAP service within following information in your NOCSR ¥ ¥ a chemical preparation operation will (in accordance with § 63.11585(b)(3)). RE = [1 (Qi Qo)/Qi]*100 not exceed 0.03 gr/dscf and meet the (1) Control device make, model, and Where: installation date. management practices in § 63.11584(d). RE = Annual average PM removal efficiency, (2) Performance guarantee certificate percent. § 63.11582 What are my compliance provided by the control device Qi = Annual amount of PM in uncontrolled requirements? manufacturer. emissions, pounds per year. (a) You must demonstrate initial (3) If a filter is used to control PM, Qo = Annual amount of PM captured by compliance with the emission reduction performance guarantee information for control device, pounds per year. the fabric or fiber filters used in the or 0.03 gr/dscf particulate matter (PM) (ii) For the 0.03 gr/dscf PM control device. concentration requirements specified in concentration, use the results of (d) If you choose to demonstrate Table 1 of this subpart as follows: calculations from paragraphs (d)(3) and compliance with the emission reduction (1) Using the methods specified in (d)(4) of this section in the following or 0.03 gr/dscf PM concentration Table 2 of this subpart, or equation: (2) For existing sources only, using requirements specified in Table 1 of this ¥ the results of an emissions test subpart by providing engineering PC = [Qi Qo]*7000/DCFM*MPY conducted in the past 5 years, provided calculations, then the calculations and Where:

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PC = Annual average PM concentration, preparation operation are in target HAP (2) The CPMS must complete a grains per dry standard cubic foot (gr/ service: minimum of one cycle of operation for dscf). (a) Operate a bag leak detection each successive 15-minute period. Qi = Annual amount of PM in uncontrolled system with alarm that will alert (3) To determine the 24-hour rolling emissions, pounds per year. operators of a leak in the control device average for the monitored parameter(s), Qo = Annual amount of PM captured by control device, pounds per year. (Qo is filter material. If a bag leak detection you must: equal to zero if the process vent stream system with alarm is used to (i) Have data from at least three of is not routed to a control device.) demonstrate compliance, then the four equally spaced data values for that DCFM = Process vent stream flowrate, dscf following steps must be performed: hour from a CPMS, except as stated in per minute (dscfm). (1) You must install, calibrate, paragraph (c)(2) of this section. MPY = Minutes per year equipment are in operate, and maintain each bag leak (ii) Determine each successive 24- target HAP service. detection system and alarm according to hour rolling average from all recorded (e) If you are certifying that the manufacturer’s specifications, and as readings for each 24-hour period, except particulate matter concentration of each specified in paragraph (a)(2) of this as stated in paragraph (c)(2) of this of the process vent streams from section. section. equipment in target HAP service within (2) The bag leak detection system and (4) For averaging periods of a chemical preparation operation will alarm must be maintained and operated monitoring data from production in not exceed 0.03 gr/dscf, then you must: in a manner consistent with good air target HAP service less than 24 hours, (1) Include the following information pollution control practices at all times. you must: in your NOCSR (in accordance with (b) Operate a control device parameter (i) Have valid data from at least three § 63.11585(b)(6)). (such as pressure drop or water flow, as of four equally spaced data values for (i) A certification statement by the appropriate) monitor and alarm system each hour from a CPMS that is not out- responsible official that certifies that the that will alert operators that the control of-control according to your particulate matter concentration of each device is operating outside the upper or manufacturer’s recommendations. of the process vent streams from lower threshold or range established by (ii) Determine the average from all equipment in target HAP service within the control device manufacturer that recorded readings for the production a chemical preparation operation will indicate proper operation of the control period, except as stated in not exceed 0.03 gr/dscf. The statement device to meet the emissions reduction § 63.11583(c)(2). shall contain that official’s name, title, or PM concentration requirements. (5) You must record the results of and signature, certifying the truth, (1) You must install, calibrate, each calibration and validation check of accuracy, and completeness of the operate, and maintain each control the CPMS. certification statement. device parameter monitor and alarm (e) For each pressure measurement (ii) Engineering calculations and system according to manufacturer’s device, you must meet the requirements supporting documentation containing: specifications, and as specified in of paragraph (b) or (c) of this section, as (A) The annual raw material losses to paragraph (b)(2) of this section. applicable, and the following: the atmosphere from paragraph (d)(3) of (2) The control device parameter (1) Locate the pressure sensor(s) in, or this section; and monitor and alarm system must be as close as possible to, a position that (B) The calculation of the PM maintained and operated in a manner provides a representative measurement concentration of process vent streams consistent with good air pollution of the pressure. from equipment in target HAP service control practices at all times. (2) Use a gauge with a minimum from paragraph (d)(5)(ii) of this section, (c) Operate a continuous parameter measurement sensitivity of 0.12 using zero for the parameter Qo since monitoring system (CPMS) to monitor kiloPascals or a transducer with a there is no control device, given in control device operation. If a CPMS is minimum measurement sensitivity of 5 gr/dscf. used to demonstrate compliance, then percent of the pressure range. (2) For each subsequent calendar the following steps must be performed: (3) Check pressure tap for plugging quarter (i.e., three months), maintain the (1) Establish and maintain site- daily. Perform an accuracy check at following records to ensure that your specific control device parameter values least quarterly or following an operating certification statement is valid on a that indicate proper operation of the parameter deviation: continual basis: control device to meet the emissions (i) According to the manufacturer’s (A) The quarterly raw material losses reduction or PM concentration procedures; or to the atmosphere from paragraph (d)(3) requirements. (ii) By comparing the sensor output to of this section; and (2) You must operate the continuous redundant sensor output. (B) The calculation of the PM parameter monitoring system (CPMS) (4) Conduct calibration checks any concentration of process vent streams during all periods when the process time the sensor exceeds the from equipment in target HAP service equipment is in target HAP service and manufacturer’s specified maximum from paragraph (d)(5)(ii) of this section, use all the data collected during these operating pressure range or install a new but on a quarterly basis instead of an periods in assessing the operation of the pressure sensor. annual basis, given in gr/dscf. Use zero process vent collection system and (5) At least monthly or following an for the parameter Qo since there is no control device. operating parameter deviation, perform control device. (d) You must install, calibrate, a leak check of all components for operate, and maintain each control integrity, all electrical connections for § 63.11583 What are my monitoring device CPMS according to continuity, and all mechanical requirements? manufacturer’s specifications, and as connections for leakage, if redundant To demonstrate continuous specified in paragraphs (d)(1) through sensors are not used. compliance with the emissions standard (d)(5) of this section. (6) You must record the results of the in Table 1, you must use one of the (1) The CPMS must be maintained plugging, accuracy and calibration monitoring methods described in and operated in a manner consistent checks specified in paragraphs (e)(3) paragraphs (a), (b) or (c) of this section with good air pollution control practices through (e)(5) of this section in while equipment within a chemical at all times. accordance with § 63.11585.

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(f) For each monitoring system You must conduct an initial inspection water flow to the wet particulate control required in this section, you must of each vent collection system and system. develop and make available for particulate control device according to (B) You must conduct monthly visual inspection by the delegated authority, the requirements in paragraphs (a)(1)(i) inspections of the vent collection upon request, a site-specific monitoring through (iv) of this section. You must system ductwork and wet particulate plan that addresses the following: record the results of each inspection control equipment for leaks (as defined (1) Selection and justification of the according to paragraph (b) of this in § 63.11588, ‘‘What definitions apply monitored parameter that indicates section and perform corrective action to this subpart?’’). proper operation of the control device to where necessary. You must conduct (C) You must conduct inspections of meet the emissions limitation, if the each inspection no later than 180 days the interior of the wet control system (if parameter measured is something other after your applicable compliance date applicable) to determine the structural than pressure drop. for each control device which has been integrity and condition of the control (2) Installation of the bag leak operated within 180 days following the equipment every 12 months. detector, parameter monitoring device, compliance date. For a control device (D) You are required to inspect or CPMS at a measurement location which has not been installed or ductwork that is unsafe or difficult to relative to each affected process unit operated within 180 days following the inspect only during periods when it is such that the measurement is compliance date, you must conduct an safe or physically possible to do so. representative of control of PM initial inspection prior to startup of the (ii) You must inspect and maintain emissions (e.g., on the last control control device. each dry particulate control unit device); (i) For each wet particulate control according to the requirements in (3) Performance and equipment system, you must verify the presence of paragraphs (a)(2)(ii)(A) through (C) of specifications for the parametric signal water flow to the control equipment. this section. analyzer, alarm, and the data collection You must also visually inspect the vent (A) You must conduct monthly visual and reduction system, as appropriate; collection system ductwork and control inspections of the vent collection and equipment for leaks (as defined in system ductwork for leaks (as defined in (4) Performance evaluation § 63.11588, ‘‘What definitions apply to § 63.11588, ‘‘What definitions apply to procedures and acceptance criteria this subpart?’’) and inspect the interior this subpart?’’). according to the manufacturer (e.g., of the control equipment (if applicable) (B) You must conduct inspections of calibrations). for structural integrity and the condition the interior of the dry particulate control (5) Ongoing operation and of the control system. unit for structural integrity and to maintenance procedures in accordance (ii) For each dry particulate control determine the condition of the fabric with the manufacturer’s system, you must visually inspect the filter (if applicable) every 12 months. recommendations or the general vent collection system ductwork and (C) You are required to inspect requirements of § 63.8(c)(1) and (c)(3); dry particulate control unit for leaks (as ductwork that is unsafe or difficult to (6) Ongoing data quality assurance defined in § 63.11588, ‘‘What inspect only during periods when it is procedures in accordance with the definitions apply to this subpart?’’). You safe or physically possible to do so. manufacturer’s recommendations; and must also inspect the inside of each dry (b) You must record the information (7) Ongoing recordkeeping and particulate control unit for structural specified in paragraphs (b)(1) through reporting procedures in accordance with integrity and condition. (6) of this section for each inspection the general requirements of § 63.10(c), (iii) An initial inspection of the activity. (e)(1), and (e)(2)(i) and the requirements internal components of a wet or dry (1) The date, place, and time; of § 63.11585. particulate control system is not (2) Person conducting the activity; (g) You must conduct a performance required if there is a record that an (3) Method of inspection; evaluation of each bag leak detection inspection has been performed within (4) Operating conditions during the system, control device parameter the past 12 months and any activity; monitor and alarm system, or CPMS in maintenance actions have been (5) Results; and accordance with your site-specific resolved. (6) Description of any correction monitoring plan. (iv) An initial inspection of ductwork actions taken. (h) You must operate and maintain that is unsafe or difficult to inspect is (c) At all times the owner or operator each bag leak detection system, control not required. must operate and maintain any affected device parameter monitor and alarm (2) Ongoing vent collection system source, including associated air system, or CPMS in continuous and particulate control device pollution control equipment and operation, and collect parametric data at inspections. Following the initial monitoring equipment, in a manner all times that emissions are routed to the inspections, you must perform periodic consistent with safety and good air monitored control device. inspections of each vent collection pollution control practices for § 63.11584 What are my initial and system and PM control device according minimizing emissions. The general duty continuous compliance management to the requirements in paragraphs to minimize emissions does not require practice requirements? (a)(2)(i) or (ii) of this section. You must the owner or operator to make any (a) For each new and existing affected record the results of each inspection further efforts to reduce emissions if source, you must demonstrate initial according to paragraph (b) of this levels required by this standard have compliance by conducting the section and perform corrective action been achieved. Determination of inspection activities in paragraph (a)(1) where necessary. whether such operation and of this section and demonstrate ongoing (i) You must inspect and maintain maintenance procedures are being used compliance by conducting the each wet control system according to will be based on information available inspection activities in paragraph (a)(2) the requirements in paragraphs to the Administrator which may of this section. (a)(2)(i)(A) through (D) of this section. include, but is not limited to, (1) Initial vent collection system and (A) You must conduct a daily monitoring results, review of operation particulate control device inspections. inspection to verify the presence of and maintenance procedures, review of

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operation and maintenance records, and performance test results, if applicable, July 31 or January 31, whichever date inspection of the source. before the close of business on the 60th follows the end of the first calendar half (d) If you have provided certification calendar day following the applicable after the compliance date that is that each process vent stream from compliance date specified in § 63.11580 specified for your affected source in equipment in target HAP service will or completion of the performance test, § 63.11580 (i.e., January 31 for a source not contain a PM concentration greater whichever is sooner. The NOCSR must that is existing with a compliance date than 0.03 gr/dscf, the management include the information in of December 30, 2010). practice requirements are as follows: § 63.9(h)(2)(i)(A) through (G) necessary (C) Each subsequent compliance (1) You must conduct an initial visual to demonstrate compliance with the report for a period in which deviations inspection of the vent collection system emission standard as of the applicable occur must cover the semiannual ductwork for leaks (as defined in compliance date. reporting period from January 1 through § 63.11588, ‘‘What definitions apply to (4) If you have an existing source and June 30 or the semiannual reporting this subpart?’’). are using data from a previously period from July 1 through December (2) You must conduct monthly visual conducted performance test to serve as 31. inspections of the vent collection documentation of compliance with the (D) Each subsequent compliance system ductwork for leaks (as defined in emission reduction or 0.03 gr/dscf PM report for a period in which deviations § 63.11588, ‘‘What definitions apply to concentration requirements of this occur must be postmarked or delivered this subpart?’’). subpart, you must submit the test data no later than July 31 or January 31, (3) You are required to inspect in lieu of the initial performance test whichever date is the first date ductwork that is unsafe or difficult to results with the NOCSR required under following the end of the semiannual inspect only during periods when it is paragraph (b)(3) of this section. reporting period. safe or physically possible to do so. (5) You must provide the results of (ii) If no deviations occur, then: (4) You must record the information the initial management practices (A) The first compliance report must specified in paragraphs (d)(4)(i) through required by § 63.11584(a)(1) and (d)(1). cover the period beginning on the (iv) of this section for each inspection. (6) If you are providing certification compliance date that is specified for (i) The date, place, and time; that the particulate matter concentration your affected source in § 63.11580 and (ii) Person conducting the activity; of each of the process vent streams from ending on December 31 following the (iii) Results; and equipment in target HAP service within end of the first calendar year after the (iv) Description of any correction a chemical preparation operation will compliance date that is specified for actions taken. not exceed 0.03 gr/dscf, you must your source in § 63.11580. submit this certification in the NOCSR (B) The first compliance report must § 63.11585 What are my notification, required in paragraph (b)(3) of this be postmarked or delivered no later than recordkeeping, and reporting requirements? section. You must submit the January 31 following the end of the first certification statement, including the calendar year after the compliance date (a) What General Provision supporting calculations or performance that is specified for your affected source notification, recordkeeping and test results, if applicable. The in § 63.11580. reporting requirements must I meet? certification statement and supporting (C) Each subsequent compliance You must meet the requirements of 40 documentation must include the report for a period in which deviations CFR part 63 subpart A according to information in § 63.11582(e)(1) occur must cover the annual reporting Table 6. necessary to demonstrate compliance period from January 1 through (b) What notifications must I submit with the emission standard as of the December 31. and when? compliance date. (D) Each subsequent compliance (1) Initial Notification of (c) What reports must I submit and report for a period in which no Applicability. If you own or operate an when? deviations occur must be postmarked or existing affected source, you must (1) You must submit compliance delivered no later than January 31 submit an initial notification of reports as specified in Table 5 of this immediately following the previous applicability as required by § 63.9(b)(2) subpart that applies to you. calendar year. no later than April 29, 2010. If you own (2) Unless the Administrator has (3) The compliance report must or operate a new affected source, you approved a different schedule for contain the following information: must submit an initial notification of submission of reports under § 63.10(a), (i) Company name and address. applicability required by § 63.9(b)(2) no you must submit each compliance (ii) Statement by a responsible official later than 120 days after initial start-up report specified in Table 5 of this with that official’s name, title, and of operation or April 29, 2010, subpart according to the following signature, certifying the truth, accuracy, whichever is later. The initial dates: and completeness of the content of the notification of applicability must (i) If deviations occur, then: report. include the information specified in (A) The first compliance report must (iii) Date of report and beginning and § 63.9(b)(2)(i) through (iii). cover the period beginning on the ending dates of the reporting period. (2) Notification of Intent to conduct a compliance date that is specified for (iv) If there are no deviations from the Performance Test. If you elect to your affected source in § 63.11580 and emission reduction or 0.03 gr/dscf PM conduct a performance test, you must ending on June 30 or December 31, concentration requirements as specified submit a notification of intent to whichever date is the first date in Table 1, a statement that there were conduct a performance test at least 60 following the end of the first calendar no deviations from the emission calendar days before the performance half after the compliance date that is reduction or 0.03 gr/dscf PM test is scheduled to begin, as required in specified for your source in § 63.11580 concentration requirements during the § 63.7(b)(1). (i.e., December 31 for a source that is reporting period. (3) Notification of Compliance Status existing with a compliance date of (v) If there were no periods during Report (NOCSR). You must submit a December 30, 2010). which the CPMS (if a CPMS is used to NOCSR according to § 63.9(h)(2)(ii). You (B) The first compliance report must demonstrate compliance) was out-of- must submit the NOCSR, including the be postmarked or delivered no later than control as defined by the manufacturer’s

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recommendations, a statement that there (B) Material safety data sheets (MSDS) Protection Agency (U.S. EPA) or a were no periods during which the of target HAP-containing materials being delegated authority such as your State, CPMS was out-of-control during the processed. local, or Tribal agency. If the U.S. EPA reporting period. (iii) Records of performance tests and Administrator has delegated authority to (vi) A description of any changes in performance evaluations as required in your State, local, or Tribal agency, then monitoring systems or CPMS, processes § 63.10(b)(2)(viii). that agency (the delegated authority), in (including changes that establish the (iv) Records of CPMS (if a CPMS is addition to the U.S. EPA, has the basis for certification that the PM used to demonstrate compliance) authority to implement and enforce this concentration from process vents will calibration checks and adjustments and subpart. You should contact your U.S. not exceed 0.03 gr/dscf or the addition maintenance performed on CPMS as EPA Regional Office to find out if of new processes), or controls since the required by § 63.10(b)(2)(x) and (xi). implementation and enforcement of this last reporting period or for the first (v) Records of CPMS as required by subpart has been delegated. compliance report, since the notification § 63.10(c) and § 63.11583(d)(5). (b) In delegating implementation and of compliance status report. (vi) Records of all inspections as enforcement authority of this subpart to (4) For each deviation, as applicable required by § 63.11584(b) and pressure a State, local, or Tribal agency under 40 and as defined in § 63.11588, you must measurement device checks (if CFR part 63, subpart E, the following include the information in paragraphs applicable) as required by authorities are retained by the (c)(3)(i) through (c)(3)(iii) of this section, § 63.11583(e)(6). Administrator of U.S. EPA: and the information in paragraphs (vii) Records of the site-specific (1) Approval of alternatives to the (c)(4)(i) through (4)(ix) of this section monitoring plan developed according to requirements in §§ 63.11579, 63.11580, that apply to you. § 63.11583(f). 63.11581, 63.11582, 63.11583, and (i) The date and time that each (viii) Records of particulate control 63.11584. deviation started and stopped. device manufacturing specifications and (2) Approval of major changes to test (ii) The date and time that each bag recommendations. methods under § 63.7(e)(2)(ii) and (f) leak detector, parameter monitor, or (2) You must maintain the records and as defined in § 63.90. CPMS was inoperative, except for zero specified in paragraph (d)(1) of this (3) Approval of major changes to (low-level) and high-level checks. monitoring under § 63.8(f) and as (iii) If a CPMS is used, the date, time section in accordance with paragraphs defined in § 63.90. and duration that each CPMS was out- (d)(2)(i) through (d)(2)(iii) of this (4) Approval of major changes to of-control. section. (iv) A summary of the total duration (i) Your records must be in a form recordkeeping and reporting under of the deviation during the reporting suitable and readily available for § 63.10(f) and as defined in § 63.90. expeditious review, according to period and the total duration as a § 63.11587 What General Provisions percent of the total source operating § 63.10(b)(1). sections apply to this subpart? (ii) As specified in § 63.10(b)(1), you time during that reporting period. You must comply with the (v) A list of reasons for the deviations must keep each record for 5 years following the date of each recorded requirements of the General Provisions during the reporting period. (40 CFR part 63, subpart A) according to (vi) If a CPMS is used, a summary of action. Table 6 of this subpart. the total duration of CPMS downtime (iii) You must keep each record onsite during the reporting period and the total for at least 2 years after the date of each § 63.11588 What definitions apply to this duration of CPMS downtime as a recorded action according to subpart? percent of the total source operating § 63.10(b)(1). You may keep the records Chemical preparation means a target time during that reporting period. offsite for the remaining 3 years. HAP-containing product, or (vii) A brief description of the process (3) If you are providing certification intermediate used in the manufacture of units. that the particulate matter concentration other products, manufactured in a (viii) A brief description of the bag of each of the process vent streams from process operation described by the leak detector, parameter monitor, or equipment in target HAP service within NAICS code 325998 if the operation CPMS. a chemical preparation operation will manufactures target HAP-containing (ix) If a CPMS is used, the date of the not exceed 0.03 gr/dscf, you must products or intermediates other than latest CPMS certification or audit. maintain the following records (5) If acceptable to both the indelible ink, India ink, writing ink, and according to paragraphs (d)(2)(i) through stamp pad ink. Indelible ink, India ink, Administrator and you, you may submit (d)(2)(iii) of this section: reports and notifications electronically. writing ink, and stamp pad ink (i) Records of the initial certification manufacturing operations are subject to (d) What records must I maintain? statement and supporting (1) You must maintain the following regulation by the paints and allied documentation specified in paragraph records: products area source rule (40 CFR part (i) A copy of each notification and (b)(6) of this section. 63, subpart CCCCCCC). report that you submitted to comply (ii) Records of ductwork inspections Chemical preparations facility means with this subpart, including all specified in § 63.11584(d)(4). any facility-wide collection of chemical documentation supporting any Initial (iii) Records of the quarterly raw preparation operations. Notification of Applicability or NOCSR material losses to the atmosphere and Chemical preparations operation that you submitted, according to the process vent stream PM concentration means the collection of mixing, requirements in § 63.10(b)(2)(xiv). calculations specified in blending, milling, and extruding (ii) Records identifying periods when § 63.11582(e)(2). equipment used to manufacture the chemical preparations operation is Other Requirements and Information chemical preparations. A chemical in target HAP service using: preparation operation may include all, (A) Production records showing the § 63.11586 Who implements and enforces or only some, of the equipment listed dates and times the chemical this subpart? above, depending on the chemical preparations operation is processing (a) This subpart can be implemented preparation being manufactured. Mixing target HAP-containing materials; and and enforced by the U.S. Environmental and blending equipment may be used to

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process either wet or dry materials, or Process vent stream means a gas principal executive officer or ranking a combination of wet and dry materials. stream from any equipment in target official. Milling equipment includes, but is not HAP service at the point where that gas Target HAP means metal compounds limited to, various types of rolling mills, stream is discharged from a vent for chromium, lead, manganese, and rotary mills, and grinders. Extruding collection system to the atmosphere, or nickel. equipment, for the purposes of this inlet of a control device, if any. Target HAP-containing means raw subpart, includes direct and indirect Research and development equipment materials, intermediates, or products extruders, spray driers, and prilling means any equipment whose primary that contain one or more target HAP. towers. purpose is to conduct research and Deviation means any instance in development to develop new processes Any material that contains compounds which an affected source subject to this and products, where such equipment is of chromium (VI), lead, or nickel in subpart, or an owner or operator of such operated under the close supervision of amounts greater than or equal to 0.1 a source: technically trained personnel and is not percent by weight (as the metal), or (1) Fails to meet any requirement or engaged in the manufacture of products manganese or chromium (III) management practice established by this for commercial sale in commerce, compounds in amounts greater than or subpart; except in a de minimis manner. equal to 1.0 percent by weight (as the (2) Fails to meet any term or condition Responsible official means one of the metal) is considered to be target HAP- that is adopted to implement a following: containing. Target HAP content is requirement in this subpart and that is (1) For a corporation: A president, shown in the formulation data provided included in the operating permit for any secretary, treasurer, or vice president of by the manufacturer or supplier, such as affected source required to obtain such the corporation in charge of a principal the Material Safety Data Sheet for the a permit; or business function, or any other person material. (3) Fails to meet any emissions limit. who performs similar policy or Unsafe or difficult to inspect means In target HAP service means that decision-making functions for the the equipment cannot be inspected equipment in the chemical preparation corporation, or a duly authorized without elevating the inspection operation either contains, contacts, or is representative of such person if the personnel more than two meters above processing target HAP-containing representative is responsible for the a support surface or it is not accessible materials. overall operation of one or more at anytime in a safe manner. Leak means a break in the integrity of chemical preparations facilities; Vent collection system means hoods, the vent collection or control device (2) For a partnership: A general enclosures, ductwork and fans utilized system (i.e., in the duct work, piping, partner; to remove particulate emissions from etc.) such that visual particulate (3) For a sole proprietorship: The chemical preparations operations work emissions, liquids or residue form owner; or areas. outside the vent collection system or (4) For a municipality, State, Federal, control device. or other public agency: Either a Tables of Subpart BBBBBBB of Part 63

TABLE 1 OF SUBPART BBBBBBB OF PART 63—EMISSION REDUCTION AND PM CONCENTRATION REQUIREMENTS

For each * * * You must * * * Using * * *

1. Process Vent Stream from equipment in tar- Route the process vent stream to a PM con- Vent collection system and PM control device, get HAP service. trol device with: such as a wet scrubber or fabric filter, that a. A PM percent reduction efficiency of are maintained and operated per manufac- 95 percent (98 percent for new turer’s recommendations. sources), or. b. An outlet concentration of 0.03 gr/dscf or less.

TABLE 2 OF SUBPART BBBBBBB OF PART 63—INITIAL COMPLIANCE DEMONSTRATION METHODS WITH THE EMISSION REDUCTION AND PM CONCENTRATION REQUIREMENTS

If you are demonstrating compliance with the * * * You must demonstrate initial compliance by one of the following methods * * *

1. Requirement to route all process vent streams from a. Perform a PM emissions test using the methods listed in Table 3 to this subpart; equipment in target HAP service to a PM control de- or vice with a PM percent reduction efficiency of 95 per- b. Provide performance guarantee information from the control device manufacturer cent (98 percent for new sources) or an outlet con- that certifies the device is capable of reducing PM concentrations by 95 percent centration of 0.03 gr/dscf or less.. (98 percent for new sources) or achieves an outlet concentration of 0.03 gr/dscf or less; or c. Provide engineering calculations, such as mass balance and flow rate calculations, that demonstrate that the control device is capable of reducing PM concentration from the chemical preparations operation process vent streams by 95 percent (98 percent for new sources) or achieving an outlet concentration of 0.03 gr/dscf or less. 2. Certification that all process vent streams from equip- a. Perform a PM emissions test using the methods listed in Table 3 to this subpart; ment in target HAP service will not contain a PM con- or centration greater than 0.03 gr/dscf. b. Provide engineering calculations, such as mass balance and flow rate calcula- tions, that demonstrate that the PM concentration from the chemical preparations operation process vent streams will not be greater than 0.03 gr/dscf.

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TABLE 3 OF SUBPART BBBBBBB OF PART 63—TEST METHODS

For * * * You must use * * *

1. Selecting the sampling locations a and the number of EPA test method 1 or 1A in appendix A to part 60. traverse points. 2. Determining the velocity and volumetric flow rate ...... EPA test method 2, 2A, 2C, 2D, 2F, or 2G, as appropriate, in appendix A to part 60. 3. Determining the gas molecular weight used for flow EPA test method 3, 3A, 3B, as appropriate, in appendix A to part 60. rate determination. 4. Measuring the moisture content of the stack gas ...... EPA test method 4 in appendix A to part 60. 5. Measuring the PM emissions ...... EPA test method 5 in appendix A to part 60. a The sampling locations must be located at the outlet of the process equipment (or control device, if applicable), prior to any releases to the atmosphere.

TABLE 4 OF SUBPART BBBBBBB OF PART 63—CONTINUOUS COMPLIANCE DEMONSTRATION METHODS WITH THE EMISSION REDUCTION AND PM CONCENTRATION REQUIREMENTS

If you are demonstrating compliance with the * * * You must demonstrate continuous compliance by * * *

1. Requirement to route all process vent streams from Using one of the following monitoring methods: equipment in target HAP service to a PM control de- a. A bag leak detector and alarm system, that notifies operators when a leak in vice with a PM percent reduction efficiency of 95 per- the filter media is detected. cent (98 percent for new sources) or an outlet con- b. A control device parameter monitor and alarm system, that notifies operators centration of 0.03 gr/dscf or less. when the control device is operating outside of the upper or lower thresholds established by the control device manufacturer. Monitored parameters may in- clude electricity supply to vent collection system fans, pressure drop across the control device, or scrubber liquor flow to the control device, as appropriate to the particulate matter control device being used. c. A CPMS, and maintaining records of data verifying that the vent collection system and control device were operated within the range of parameters es- tablished to comply with the emission reduction or 0.03 gr/dscf PM concentra- tion requirements (i.e., according to manufacturer’s recommendations or at the conditions used during the most recent performance test) while the chemical preparations operation was in target HAP service. The control device moni- toring data are averaged over a 24-hour period or an overall average per batch, whichever is less, while the chemical preparations operation is in target HAP service. Monitored parameters may include electricity supply to vent col- lection system fans, pressure drop across the control device, or scrubber liq- uor flow to the control device, as appropriate to the particulate matter control device being used. 2. Certification that all process vent streams from equip- a. Conducting monthly visual inspections of the vent collection system ductwork for ment in target HAP service will not contain a PM con- leaks. centration greater than 0.03 gr/dscf.

TABLE 5 OF SUBPART BBBBBBB OF PART 63—REPORTING REQUIREMENTS

If you are demonstrating compliance with the * * * You must submit a compliance report as follows * * *

1. Requirement to route all process vent streams from a. An initial notice of compliance status report (NOCSR) as specified in equipment in target HAP service to a PM control de- § 63.11585(b)(3), and then as follows in (b) or (c) as applicable to you: vice with a PM percent reduction efficiency of 95 per- b. If there were no deviations during the reporting period, you must submit an annual cent (98 percent for new sources) or an outlet con- report containing: centration of 0.03 gr/dscf or less. 1. A statement that there were no deviations from the requirement to route all process vent streams from equipment in target HAP service to a PM control device that achieves a PM percent reduction efficiency of 95 percent (98 per- cent for new sources) or an outlet concentration of 0.03 gr/dscf or less during the reporting period. 2. If there were no periods during which the process vent collection system and control device was not operating normally (i.e., according to manufacturer’s recommendations or at the conditions used during the most recent perform- ance test), a statement that the vent collection system and control device were operated normally at all times during the reporting period. c. If you have a deviation from the requirement to route all process vent streams from equipment in target HAP service to a PM control device that achieves a PM percent reduction efficiency of 95 percent (98 percent for new sources) or to an outlet concentration of 0.03 gr/dscf or less, or periods where the vent collection system or control device were not operated normally, then you must submit a semi-annual report for that reporting period. The report must contain the informa- tion specified in § 63.11585(c).

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TABLE 5 OF SUBPART BBBBBBB OF PART 63—REPORTING REQUIREMENTS—Continued

If you are demonstrating compliance with the * * * You must submit a compliance report as follows * * *

2. Certification that all process vent streams from equip- a. An initial NOCSR as specified in § 63.11585(b)(3) that contains the following ment in target HAP service will not contain a PM con- items: centration greater than 0.03 gr/dscf. 1. A statement certifying that all process vent streams from equipment in target HAP service will not contain a PM concentration greater than 0.03 gr/dscf. The statement shall contain that official’s name, title, and signature, certifying the truth, accuracy, and completeness of the certification statement. 2. Test results or engineering calculations that demonstrate process vent streams covered by the certification will not contain a PM concentration great- er than 0.03 gr/dscf.

TABLE 6 OF SUBPART BBBBBBB OF PART 63—GENERAL PROVISIONS

Citation Subject Applies to subpart BBBBBBB

§ 63.1 ...... Applicability ...... Yes. § 63.2 ...... Definitions ...... Yes. § 63.3 ...... Units and Abbreviations ...... Yes. § 63.4 ...... Prohibited Activities ...... Yes. § 63.5 ...... Construction/Reconstruction ...... Yes. § 63.6(a)–(d) ...... Compliance with Standards and Maintenance Require- Yes. ments. § 63.6(e)(1)(i)–(ii) ...... Operation and Maintenance Requirements ...... No. § 63.6(e)(1)(iii) ...... Operation and Maintenance Requirements ...... Yes. § 63.6(e)(2) ...... [Reserved] ...... § 63.6(e)(3) ...... Startup, Shutdown, and Malfunction Plan ...... No. Subpart BBBBBBB does not require startup, shutdown, and malfunction plans. § 63.6(f)(1) ...... Compliance with Non-Opacity Emissions Standards—Appli- No. The emission limits apply at all times. cability. § 63.6(f)(2)–(3) ...... Methods for Determining Compliance and Finding of Com- Yes. pliance. § 63.6(g) ...... Use of an Alternative Non-Opacity Emission Standard ...... Yes. § 63.6(h) ...... Opacity/Visible Emission (VE) Standards ...... No. Subpart BBBBBBB does not contain opacity or VE standards. § 63.6(i) ...... Compliance Extension ...... Yes. § 63.6(j) ...... Presidential Compliance Exemption ...... Yes. § 63.7(a)–(d) ...... Performance Testing Requirements ...... Yes. § 63.7(e)(1) ...... Performance Testing Requirements ...... No. Subpart BBBBBBB specifies the condi- tions under which performance tests must be conducted. § 63.7(e)(2)–(4) ...... Conduct of Performance Tests and Data Reduction ...... Yes. § 63.7(f)–(h) ...... Use of Alternative Test Method; Data Analysis, Record- Yes. keeping, and Reporting; and Waiver of Performance Tests. § 63.8(a)(1) ...... Applicability of Monitoring Requirements ...... Yes. § 63.8(a)(2) ...... Performance Specifications ...... No. Subpart BBBBBBB does not require CEMS to demonstrate compliance. § 63.8(a)(3) ...... [Reserved] ...... § 63.8(a)(4) ...... Monitoring with Flares ...... No. § 63.8(b)(1) ...... Monitoring ...... Yes. § 63.8(b)(2)–(3) ...... Multiple Effluents and Multiple Monitoring Systems ...... Yes. § 63.8(c)(1) ...... Monitoring System Operation and Maintenance ...... Yes. § 63.8(c)(1)(i) ...... CMS maintenance ...... Yes. § 63.8(c)(1)(ii) ...... Spare Parts for CMS Malfunction ...... Yes. § 63.8(c)(1)(iii) ...... Compliance with Operation and Maintenance Requirements No. Subpart BBBBBBB does not require startup, shutdown, and malfunction plans. § 63.8(c)(2)–(3) ...... Monitoring System Installation ...... Yes. § 63.8(c)(4) ...... CMS Requirements ...... No. Subpart BBBBBBB does not require CEMS to demonstrate compliance. § 63.8(c)(5) ...... COMS Minimum Procedures ...... No. Subpart BBBBBBB does not contain opacity or VE standards. § 63.8(c)(6) ...... CMS Requirements ...... Yes, for CPMS provisions only. Subpart BBBBBBB does not require CEMS to demonstrate compliance. § 63.8(c)(7)–(8) ...... CMS Requirements ...... No. Subpart BBBBBBB does not require CEMS to demonstrate compliance. § 63.8(d) ...... CMS Quality Control ...... No. Subpart BBBBBBB does not require CEMS to demonstrate compliance. § 63.8(e)–(g) ...... CMS Performance Evaluation ...... No. Subpart BBBBBBB does not require CEMS to demonstrate compliance.

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TABLE 6 OF SUBPART BBBBBBB OF PART 63—GENERAL PROVISIONS—Continued

Citation Subject Applies to subpart BBBBBBB

§ 63.9 ...... Notification Requirements ...... Yes. Except Initial Notification shall be sub- mitted in accordance with the schedule in § 63.11585. § 63.10(a),(b)(1), (b)(2)(viii)–(xi),(c), Recordkeeping and Reporting Requirements ...... Yes. (e)(1), (e)(2)(i), (f). § 63.11 ...... Control Device and Work Practice Requirements ...... Yes. § 63.12 ...... State Authority and Delegations ...... Yes. § 63.13 ...... Addresses of State Air Pollution Control Agencies and EPA Yes. Regional Offices. § 63.14 ...... Incorporations by Reference ...... Yes. § 63.15 ...... Availability of Information and Confidentiality ...... Yes. § 63.16 ...... Performance Track Provisions ...... No.

[FR Doc. E9–30500 Filed 12–29–09; 8:45 am] BILLING CODE 6560–50–P

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Part III

The President Proclamation 8467—To Modify Duty-Free Treatment Under the Generalized System of Preferences, and for Other Purposes Proclamation 8468—To Take Certain Actions Under the African Growth and Opportunity Act Executive Order 13525—Adjustments of Certain Rates of Pay

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Federal Register Presidential Documents Vol. 74, No. 249

Wednesday, December 30, 2009

Title 3— Proclamation 8467 of December 23, 2009

The President To Modify Duty-Free Treatment Under the Generalized Sys- tem of Preferences, and for Other Purposes

By the President of the United States of America

A Proclamation

1. Sections 501(1) and (4) of the Trade Act of 1974, as amended (the ‘‘1974 Act’’) (19 U.S.C. 2461(1) and (4)), provide that, in affording duty- free treatment under the Generalized System of Preferences (GSP), the Presi- dent shall have due regard for, among other factors, the effect such action will have on furthering the economic development of a beneficiary devel- oping country and the extent of the beneficiary developing country’s competi- tiveness with respect to eligible articles. Section 502(c)(2) of the 1974 Act (19 U.S.C. 2462(c)(2)) provides that, in determining whether to designate any country as a beneficiary developing country for purposes of the GSP, the President shall take into account various factors, including the country’s level of economic development, the country’s per capita gross national prod- uct, the living standards of its inhabitants, and any other economic factors he deems appropriate. Section 502(d) of the 1974 Act (19 U.S.C. 2462(d)) authorizes the President to withdraw, suspend, or limit the application of duty-free treatment under the GSP with respect to any country after considering the factors set forth in sections 501 and 502(c) of the 1974 Act. Section 502(f)(2) of the 1974 Act (19 U.S.C. 2462(f)(2)) requires the President to notify the Congress and the affected country, at least 60 days before termination, of the President’s intention to terminate the affected country’s designation as a beneficiary developing country for purposes of the GSP. 2. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e)) provides that the President shall terminate the designation of a country as a beneficiary devel- oping country if the President determines that such country has become a ‘‘high income’’ country as defined by the official statistics of the Inter- national Bank for Reconstruction and Development. Termination is effective on January 1 of the second year following the year in which such determina- tion is made. 3. Pursuant to section 502(e) of the 1974 Act, I have determined that Croatia has become a ‘‘high income’’ country, and I am terminating the designation of that country as a beneficiary developing country for purposes of the GSP, effective January 1, 2011. 4. Pursuant to section 502(e) of the 1974 Act, I have determined that Equa- torial Guinea has become a ‘‘high income’’ country, and I am terminating the designation of that country as a beneficiary developing country for purposes of the GSP, effective January 1, 2011. 5. Section 502(a)(2) (19 U.S.C. 2462(a)(2)) of the 1974 Act provides that the President may designate any beneficiary developing country as a least- developed beneficiary developing country for purposes of the GSP, based on the considerations in sections 501 and 502(c) of the 1974 Act (19 U.S.C. 2461 and 19 U.S.C. 2462(c)). 6. Pursuant to section 502(d)(1) of the 1974 Act, and having considered the factors set forth in sections 501 and 502(c) of the 1974 Act, I have

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determined that Cape Verde should be removed from the list of least-devel- oped beneficiary countries. 7. In Proclamation 8272 of June 30, 2008, the President determined that Trinidad and Tobago had become a ‘‘high income’’ country, and the designa- tion of Trinidad and Tobago as a beneficiary developing country for purposes of the GSP shall be terminated, effective January 1, 2010. I have determined that technical rectifications should be made to the Harmonized Tariff Sched- ule of the United States (HTS) to reflect that determination. 8. Pursuant to sections 501 and 502(a)(1) of the 1974 Act, the President is authorized to designate countries as beneficiary developing countries for purposes of the GSP and to provide duty-free treatment for eligible articles from beneficiary developing counties. 9. In Proclamation 6813 of July 28, 1995, the President suspended the designation of the Republic of Maldives (Maldives) as a beneficiary devel- oping country under the GSP. 10. Pursuant to sections 501 and 502(a) of the 1974 Act, and taking into account the factors set forth in sections 501 and 502(c), I have determined that it is appropriate to terminate the suspension of preferential treatment under the GSP for articles that are currently eligible for such treatment and that are imported from Maldives and to redesignate Maldives as a beneficiary developing country for purposes of the GSP. 11. On April 22, 1985, the United States and Israel entered into the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel (the ‘‘USIFTA’’), which the Congress approved in the United States-Israel Free Trade Area Implementation Act of 1985 (the ‘‘USIFTA Act’’) (19 U.S.C. 2112 note). 12. Section 4(b) of the USIFTA Act provides that, whenever the President determines that it is necessary to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA, the President may proclaim such withdrawal, suspension, modification, or continuance of any duty, or such continuance of existing duty-free or excise treatment, or such additional duties as the President determines to be required or appropriate to carry out the USIFTA. 13. In order to maintain the general level of reciprocal and mutually advan- tageous concessions with respect to agricultural trade with Israel, on July 27, 2004, the United States entered into an agreement with Israel concerning certain aspects of trade in agricultural products during the period January 1, 2004, through December 31, 2008 (the ‘‘2004 Agreement’’). 14. In Presidential Proclamation 7826 of October 4, 2004, consistent with the 2004 Agreement, the President determined, pursuant to section 4(b) of the USIFTA Act, that it was necessary in order to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA, to provide duty-free access into the United States through December 31, 2008, for specified quantities of certain agricultural products of Israel. 15. On December 10, 2008, the United States entered into an agreement with Israel to extend the period that the 2004 Agreement is in force through December 31, 2009, to allow additional time for the two governments to conclude an agreement to replace the 2004 Agreement. 16. In Presidential Proclamation 8334 of December 31, 2008, the President determined that it was necessary in order to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA to extend such duty-free treatment through December 31, 2009. In Proclamation 8334, the President modified the HTS to provide duty-free access into the United States through December 31, 2009, for specified quantities of certain agricultural products of Israel. In Proclamation 8405 of August 31, 2009, I further modified the HTS to provide the intended tariff treatment.

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17. On December 6, 2009, the United States entered into a further agreement with Israel to extend the period that the 2004 Agreement is in force through December 31, 2010, to allow for further negotiations on an agreement to replace the 2004 Agreement. 18. Pursuant to section 4(b) of the USIFTA Act, I have determined that it is necessary, in order to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA, to provide duty-free access into the United States through the close of December 31, 2010, for specified quantities of certain agricultural products of Israel. 19. Presidential Proclamation 6641 of December 15, 1993, implemented the North American Free Trade Agreement (NAFTA) with respect to the United States and, pursuant to the North American Free Trade Agreement Implemen- tation Act (the ‘‘NAFTA Implementation Act’’) (Public Law 103–182), incor- porated in the HTS the schedule of duty reductions and rules of origin necessary or appropriate to carry out the NAFTA. 20. Section 202 of the NAFTA Implementation Act (19 U.S.C. 3332) provides rules for determining whether goods imported into the United States originate in the territory of a NAFTA party and thus are eligible for the tariff and other treatment contemplated under the NAFTA. 21. Presidential Proclamation 8405 of August 31, 2009, modified the HTS to provide for modifications to the rules of origin under the NAFTA. I have determined that technical corrections to the HTS are necessary to provide for the intended rules of origin. 22. Presidential Proclamation 7747 of December 30, 2003, implemented the United States-Singapore Free Trade Agreement (USSFTA) with respect to the United States, including certain rules for determining whether a good is an originating good for the purposes of implementing tariff treatment under the USSFTA. I have determined that certain rules of origin under the USSFTA were inadvertently deleted in the HTS and that technical rectifications to the HTS are necessary to restore the intended rules of origin. 23. Presidential Proclamation 7746 of December 30, 2003, implemented the United States-Chile Free Trade Agreement (USCFTA) with respect to the United States, including certain rules for determining whether a good is an originating good for the purposes of implementing tariff treatment under the USCFTA. I have determined that technical corrections to the HTS are necessary to provide for the intended rules of origin. 24. Presidential Proclamations 7987 of February 28, 2006; 7991 of March 24, 2006; 7996 of March 31, 2006; 8034 of June 30, 2006; 8111 of February 28, 2007; and 8331 of December 23, 2008, implemented the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) with respect to the United States, including certain rules for determining whether a good is an originating good for the purposes of implementing tariff treatment under the CAFTA-DR. Section 203(f)(3)(A)(ii) of the Domini- can Republic-Central America-United States Free Trade Agreement Imple- mentation Act (the ‘‘CAFTA-DR Act’’) (19 U.S.C. 4033) provides rules of origin for certain yarns described in section 204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act (19 U.S.C. 3203(b)(3)(B)(vi)(IV)) (as in effect on the date of enactment of the CAFTA-DR Act). 25. Presidential Proclamations 8097 of December 29, 2006, and 8240 of April 17, 2008, modified the HTS pursuant to section 1206(a) of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3006(a)) to conform it to amendments in the International Convention on the Harmonized Com- modity Description and Coding System (the ‘‘Convention’’). They contained certain modifications that affected the rules of origin under the Andean Trade Preference Act. Modifications to the HTS are necessary to conform the rules of origin for certain yarns described in section 204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act to the Convention. I have determined

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that additional conforming changes to the HTS are necessary to provide for the intended rules of origin under the CAFTA-DR. 26. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President to embody in the HTS the substance of the relevant provisions of that Act, and of other Acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to title V and section 604 of the 1974 Act and section 4 of the USIFTA Act, do proclaim that: (1) The designation of Croatia as a beneficiary developing country for pur- poses of the GSP is terminated, effective on January 1, 2011. (2) In order to reflect this termination in the HTS, general note 4(a) of the HTS is modified by deleting ‘‘Croatia’’ from the list of independent countries, effective with respect to articles entered, or withdrawn from ware- house for consumption, on or after January 1, 2011. (3) The designation of Equatorial Guinea as a beneficiary developing country for purposes of the GSP is terminated, effective on January 1, 2011. (4) In order to reflect this termination in the HTS, general note 4(a) of the HTS is modified by deleting ‘‘Equatorial Guinea’’ from the list of inde- pendent countries, effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after January 1, 2011. General note 4(b)(i) of the HTS is modified by deleting ‘‘Equatorial Guinea’’ from the list of least-developed beneficiary developing countries, effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after January 1, 2011. (5) In order to reflect in the HTS the termination of the designation of Cape Verde as a least-developed beneficiary developing country for purposes of the GSP, general note 4(b)(i) of the HTS is modified by deleting ‘‘Cape Verde’’ from the list of least-developed beneficiary developing countries, effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after January 1, 2010. (6) In order to reflect in the HTS the termination of the designation of Trinidad and Tobago as a beneficiary developing country for purposes of the GSP, general note 4(d) and general note 4(a) to the HTS, and the Rate of Duty 1-Special subcolumn for HTS subheading 7411.21.50, are modi- fied as set forth in Annex I to this proclamation. (7) In order to reflect in the HTS the redesignation of Maldives as a beneficiary developing country under the GSP, general note 4(a) is modified by adding in alphabetical order ‘‘Maldives’’ to the list of ‘‘Independent Countries’’ and by adding in alphabetical order ‘‘Maldives’’ to the list of ‘‘Member Countries of the South Asian Association for Regional Cooperation (SAARC).’’ (8) In order to make technical corrections and rectifications necessary to provide the intended rules of origin under the NAFTA, the USSFTA, and the USCFTA, the HTS is modified as set forth in Annex II to this proclama- tion. (9) In order to reflect modifications to the HTS made to conform the rules of origin for certain yarns described in section 204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act to the Convention, general note 29 of the HTS is modified as set forth in Annex II to this proclamation. (10) The modifications to the HTS set forth in Annexes I and II to this proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after the dates set forth in the respective annex.

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(11) In order to implement U.S. tariff commitments under the 2004 Agreement through December 31, 2010, the HTS is modified as provided in Annex III to this proclamation. (12)(a) The modifications to the HTS made by Annex III to this proclamation shall be effective with respect to goods that are the product of Israel and are entered, or withdrawn from warehouse for consumption, on or after January 1, 2010. (b) The provisions of subchapter VIII of chapter 99 of the HTS, as modified by Annex III to this proclamation, shall continue in effect through December 31, 2010. (13) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of December, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty- fourth.

Billing code 3195–W0–P

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[FR Doc. E9–31096 Filed 12–29–09; 8:45 am] Billing code 7020–02–C

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Proclamation 8468 of December 23, 2009 To Take Certain Actions Under the African Growth and Op- portunity Act

By the President of the United States of America

A Proclamation 1. Section 506A(a)(1) of the Trade Act of 1974, as amended (the ‘‘1974 Act’’) (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the African Growth and Opportunity Act (title I of Public Law 106–200) (AGOA), author- izes the President to designate a country listed in section 107 of the AGOA (19 U.S.C. 3706) as a ‘‘beneficiary sub-Saharan African country’’ if the Presi- dent determines that the country meets the eligibility requirements set forth in section 104 of the AGOA (19 U.S.C. 3703), as well as the eligibility criteria set forth in section 502 of the 1974 Act (19 U.S.C. 2462). 2. Section 104 of the AGOA authorizes the President to designate a country listed in section 107 of the AGOA as an ‘‘eligible sub-Saharan African country’’ if the President determines that the country meets certain eligibility requirements. 3. Section 112(c) of the AGOA, as added in section 6002 of the Africa Investment Incentive Act of 2006 (Division D, title VI of Public Law 109– 432) (19 U.S.C. 3721(c)), provides special rules for certain apparel articles imported from ‘‘lesser developed beneficiary sub-Saharan African countries.’’ 4. In Proclamation 7350 of October 2, 2000, President Clinton designated the Republic of Guinea (Guinea), the Republic of Madagascar (Madagascar), and the Republic of Niger (Niger) as beneficiary sub-Saharan African coun- tries pursuant to section 506A(a) of the 1974 Act and provided that they would be considered lesser developed beneficiary sub-Saharan African coun- tries for purposes of section 112(b)(3)(B) (subsequently redesignated as section 112(c)) of the AGOA. 5. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)) authorizes the President to terminate the designation of a country as a beneficiary sub-Saharan African country for purposes of section 506A if he determines that the country is not making continual progress in meeting the requirements described in section 506A(a)(1) of the 1974 Act. 6. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the 1974 Act, I have determined that the Islamic Republic of Mauritania (Mauri- tania) meets the eligibility requirements set forth or referenced therein, and I have decided to designate Mauritania as an eligible sub-Saharan African country and as a beneficiary sub-Saharan African country. 7. Mauritania satisfies the criterion for treatment as a ‘‘lesser developed beneficiary sub-Saharan African country’’ under section 112(c) of the AGOA. 8. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined that Guinea, Madagascar, and Niger are not making continual progress in meeting the requirements described in section 506A(a)(1) of the 1974 Act. Accord- ingly, I have decided to terminate the designations of Guinea, Madagascar, and Niger as beneficiary sub-Saharan African countries for purposes of sec- tion 506A of the 1974 Act, effective on January 1, 2010. 9. Section 604 of the 1974 Act (19 U.S.C. 2483), as amended, authorizes the President to embody in the Harmonized Tariff Schedule of the United

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States (HTS) the substance of relevant provisions of that Act, or other acts affecting import treatment, and actions taken thereunder. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 104 of the AGOA (19 U.S.C. 3703), and title V and section 604 of the 1974 Act (19 U.S.C. 2461–67, 2483), do proclaim that: (1) Mauritania is designated as an eligible sub-Saharan African country and as a beneficiary sub-Saharan African country. (2) In order to reflect this designation in the HTS, general note 16(a) to the HTS is modified by inserting in alphabetical sequence in the list of beneficiary sub-Saharan African countries ‘‘Islamic Republic of Mauritania.’’ (3) For purposes of section 112(c) of the AGOA, Mauritania is a lesser developed beneficiary sub-Saharan African country. (4) The designations of Guinea, Madagascar, and Niger as beneficiary sub- Saharan African countries for purposes of section 506A of the 1974 Act are terminated, effective on January 1, 2010. (5) In order to reflect in the HTS that beginning on January 1, 2010, Guinea, Madagascar, and Niger shall no longer be designated as beneficiary sub- Saharan African countries, general note 16(a) to the HTS is modified by deleting ‘‘Republic of Guinea,’’ ‘‘Republic of Madagascar,’’ and ‘‘Republic of Niger’’ from the list of beneficiary sub-Saharan African countries. Further, note 2(d) to subchapter XIX of chapter 98 of the HTS is modified by deleting ‘‘Republic of Guinea,’’ ‘‘Republic of Madagascar,’’ and ‘‘Republic of Niger’’ from the list of lesser developed beneficiary sub-Saharan African countries. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of December, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty- fourth.

[FR Doc. E9–31097 Filed 12–29–09; 8:45 am] Billing code 3195–W0–P

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Executive Order 13525 of December 23, 2009

Adjustments of Certain Rates of Pay

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the laws cited herein, it is hereby ordered as follows: Section 1. Statutory Pay Systems. The rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted under 5 U.S.C. 5303 and section 744 of Division C of the Consolidated Appropriations Act, 2010 (Public Law 111–117, December 16, 2009), are set forth on the schedules attached hereto and made a part hereof: (a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1; (b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and (c) The schedules for the Veterans Health Administration of the Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law 102–40) at Schedule 3. Sec. 2. Senior Executive Service. The ranges of rates of basic pay for senior executives in the Senior Executive Service, as established pursuant to 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part hereof. Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates of basic pay or salaries for the following offices and positions are set forth on the schedules attached hereto and made a part hereof: (a) The Executive Schedule (5 U.S.C. 5312–5318) at Schedule 5; (b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31) at Schedule 6; and (c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a), and section 140 of Public Law 97–92) at Schedule 7. Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C. 203(a)) for members of the uniformed services, as adjusted under 37 U.S.C. 1009, and section 601 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84, October 28, 2009), and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8 attached hereto and made a part hereof. Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to section 5304 of title 5, United States Code, and section 744 of Division C of the Consolidated Appropriations Act, 2010 (Public Law 111–117, December 16, 2009), locality-based comparability payments shall be paid in accordance with Schedule 9 attached hereto and made a part hereof. (b) The Director of the Office of Personnel Management shall take such actions as may be necessary to implement these payments and to publish appropriate notice of such payments in the Federal Register. Sec. 6. Administrative Law Judges. The rates of basic pay for administrative law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule 10 attached hereto and made a part hereof. Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2010. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2010.

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Sec. 8. Prior Order Superseded. Executive Order 13483 of December 18, 2008, is superseded.

THE WHITE HOUSE, December 23, 2009.

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[FR Doc. E9–31098

Filed 12–29–09; 8:45 am] Billing code 6325–01–C

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Reader Aids Federal Register Vol. 74, No. 249 Wednesday, December 30, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 980...... 65390 Executive orders and proclamations 741–6000 1207...... 63541 The United States Government Manual 741–6000 Proclamations: 1220...... 62675 8459...... 63269 1435...... 66567 Other Services 8460...... 64585 1465...... 64591 Electronic and on-line services (voice) 741–6020 8461...... 64587 Proposed Rules: Privacy Act Compilation 741–6064 8462...... 64589 1206...... 64012 Public Laws Update Service (numbers, dates, etc.) 741–6043 8463...... 64995 TTY for the deaf-and-hard-of-hearing 741–6086 8464...... 66211 8 CFR 8465...... 67801 1...... 67969 ELECTRONIC RESEARCH 8466...... 67967 103...... 64997 8467...... 69221 208...... 67969 World Wide Web 8468...... 69229 209...... 67969 Full text of the daily Federal Register, CFR and other publications Executive Orders 212...... 67969 is located at: http://www.gpoaccess.gov/nara/index.html 13522...... 66203 214...... 64997, 67969 Federal Register information and research tools, including Public 13523...... 66563, 67049 217...... 67969 Inspection List, indexes, and links to GPO Access are located at: 13524...... 67803 235...... 67969 http://www.archives.gov/federallregister 13525...... 69231 245...... 67969 E-mail Administrative Orders: 274a...... 64997, 67969 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Presidential 286...... 67969 an open e-mail service that provides subscribers with a digital Determinations: 299...... 64997, 67969 form of the Federal Register Table of Contents. The digital form No. 2010-03 of 1001...... 67969 of the Federal Register Table of Contents includes HTML and December 3, 2009 ...... 65381 1208...... 67969 PDF links to the full text of each document. Memorandums: 1209...... 67969 To join or leave, go to http://listserv.access.gpo.gov and select Memo. of November 1212...... 67969 Online mailing list archives, FEDREGTOC-L, Join or leave the list 30, 2009 ...... 63059 1235...... 67969 (or change settings); then follow the instructions. Memo. of December 9, 1245...... 67969 PENS (Public Law Electronic Notification Service) is an e-mail 2009 ...... 66207 1274a...... 67969 service that notifies subscribers of recently enacted laws. Memo. of December 9 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 15, 2009 ...... 67045 77...... 67051 and select Join or leave the list (or change settings); then follow 94...... 66217 the instructions. 5 CFR 95...... 66222 FEDREGTOC-L and PENS are mailing lists only. We cannot 410...... 65383 149...... 64998 respond to specific inquiries. 412...... 65383 151...... 66567 Reference questions. Send questions and comments about the 752...... 63531 160...... 64998 Federal Register system to: [email protected] 831...... 66565 161...... 64998 The Federal Register staff cannot interpret specific documents or 842...... 66565 162...... 64998 regulations. 870...... 66565 166...... 65014 Reminders. Effective January 1, 2009, the Reminders, including 890...... 66565 201...... 63271 Rules Going Into Effect and Comments Due Next Week, no longer 1604...... 63061 Proposed Rules: appear in the Reader Aids section of the Federal Register. This 1651...... 63061 317...... 67736 information can be found online at http://www.regulations.gov. 1653...... 63061 381...... 67736 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1690...... 63061 longer appears in the Federal Register. This information can be 10 CFR 6 CFR found online at http://bookstore.gpo.gov/. Ch. 1 ...... 62676 5 ...... 63944, 63946, 63948, 50...... 68498 FEDERAL REGISTER PAGES AND DATE, DECEMBER 63949 72...... 65679 37...... 68477 207...... 66029 62675–63058...... 1 67967–68130...... 22 218...... 66029 7 CFR 63059–63270...... 2 68131–68368...... 23 430...... 66029 63271–63530...... 3 68369–68476...... 24 94...... 68478 490...... 66029 63531–63950...... 4 68477–68660...... 28 210...... 66213 501...... 66029 63951–64584...... 7 68661–68982...... 29 220...... 66213 601...... 66029 64585–64994...... 8 68983–69242...... 30 246...... 67969 609...... 63544 64995–65382...... 9 273...... 67969 820...... 66029 65383–65678...... 10 274...... 67969 824...... 66029 65679–66028...... 11 301...... 67051 851...... 66029 66029–66212...... 14 400...... 66029 1013...... 66029 66213–66562...... 15 610...... 66907 1017...... 66029 66563–66906...... 16 662...... 63537 1045...... 67969 66907–67048...... 17 760...... 67805, 68480 1050...... 66029 67049–67800...... 18 948...... 65390 Proposed Rules: 67801–67966...... 21 953...... 65390 72...... 66589

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The text of laws is not S. 1422/P.L. 111–119 enacted public laws. To published in the Federal Airline Flight Crew Technical subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Corrections Act (Dec. 21, listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual 2009; 123 Stat. 3476) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List December 23, 2009 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO Access at http:// specific inquiries sent to this available online at http:// www.gpoaccess.gov/plaws/ address. www.archives.gov/federal- index.html. Some laws may PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly

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