5–21–09 Thursday Vol. 74 No. 97 May 21, 2009

Pages 23789–23936

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Contents Federal Register Vol. 74, No. 97

Thursday, May 21, 2009

Agriculture Department Employee Benefits Security Administration See Rural Housing Service NOTICES NOTICES Exemptions: Agency Information Collection Activities; Proposals, Bank of New York Mellon Corp., et al.; Technical Submissions, and Approvals, 23838 Correction, 23888–23889 Antitrust Division NOTICES Employment and Training Administration National Cooperative Research and Production Act of 1993: NOTICES IMS Global Learning Consortium, Inc, 23884 Termination of Investigations: Interchangeable Virtual Instruments Foundation, Inc., AGC Flat Glass North America, Inc., Kingsport Corporate 23884 Services Office, Kingsport, TN, 23889 Open Devicenet Vendor Association, Inc., 23884–23885 B/E Aerospace, Inc., Marysville, WA, 23892 Semiconductor Test Consortium, Inc., 23885 Corning, Inc., Blacksburg Virginia Plant, Environmental Products Division, Christiansburg, VA, 23893 Centers for Disease Control and Prevention Dalure Fashions, Inc., Gatesville, NC, 23890 NOTICES Daramic, LLC, Owensboro, KY, 23892 Agency Information Collection Activities; Proposals, Dell USA LP, Global Finance Division, Round Rock, TX, Submissions, and Approvals, 23862–23865 23889 Meetings: Delphi Corp., Flint, MI, 23891 Disease, Disability, and Injury Prevention and Control Edscha North America, Centerpoint Administrative Special Emphasis Panel, 23867–23868 Offices, Pontiac, MI, 23891 Children and Families Administration Essilor Laboratories of America, Joe’s Creek Processing RULES Center, St. Petersburg, FL, 23889–23890 State Parent Locator Service: General Motors Grand Rapids Stamping, Metal Safeguarding Child Support Information, 23798–23799 Fabricating Division, Wyoming, MI, 23891 NOTICES Groat Brothers, Inc., Woodland, WA, 23890 Single-Source Replacement Grant, 23873–23874 Hershey Co., Hershey, PA, 23892 Honeywell International, Olathe, KS, 23889 Coast Guard International Automotive Components Group, North RULES America, Dearborn, MI, 23891 Safety Zones: Janesville Acoustics, Norwalk, OH, 23892 ESL Air and Water Show, Lake Ontario, Ontario Beach, L and L Products, Inc., Romeo, MI, 23891 Rochester, NY, 23796–23798 Manitowac Cranes, Shady Grove, PA, 23889 Red Bull Air Race, Detroit River, Detroit, MI, 23793– Moyno, Inc., a Division of Robbins & Myers, Inc., 23795 Springfield, OH, 23892 Numonyx – California Technology Center, Santa Clara, Commerce Department CA, 23889 See National Oceanic and Atmospheric Administration Pandora Manufacturing, LLC, Pandora, OH, 23890 See National Telecommunications and Information Peterson Manufacturing Co., Grandview, MO, 23892 Administration NOTICES Phillips Plastics Corp., Custom Division, Phillips, WI, Agency Information Collection Activities; Proposals, 23893 Submissions, and Approvals, 23843–23844 Smead Manufacturing Co., Logan, OH, 23890 SUMCO Phoenix Corp., Cincinnati Division, Maineville, Department of Transportation OH, 23890 See Pipeline and Hazardous Materials Safety Temic Automotive of North America, Inc., Northbrook, Administration IL, 23890 Tensolite, d/b/a Carlisle Interconnect Co., Vancouver, Drug Enforcement Administration WA, 23889 RULES TimBar Packaging and Display, Oneida Division, Vernon, Schedules of Controlled Substances: NY, 23893 Placement of Lacosamide into Schedule V, 23789–23790 Tricon Timber, LLC, Superior, MT, 23891–23892 Placement of Tapentadol into Schedule II, 23790–23793 Viscotec Automotive Products, LLC, Morganton, NC, NOTICES 23891 Controlled Substances: Proposed Aggregate Production Quotas for 2010, 23881– 23884 Energy Department See Federal Energy Regulatory Commission Election Assistance Commission PROPOSED RULES NOTICES Weatherization Assistance Program for Low-Income Meetings; Sunshine Act, 23846 Persons, 23804–23810

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Environmental Protection Agency Federal Maritime Commission PROPOSED RULES NOTICES Approval and Promulgation of Implementation Plans: Complaints: Georgia; Revisions, 23812–23814 Mitsui O.S.K. Lines Ltd. v. Global Link Logistics, Inc., et NOTICES al., 23860–23861 Approval of Proposed Interpollutant Trading Request: Pennsylvania, 23856–23857 Federal Procurement Policy Office Disclosure of Confidential Business Information Obtained NOTICES Under the Comprehensive Environmental Response, Determination of Executive Compensation Benchmark etc., 23857 Amount, 23893 Proposed Administrative Settlement Agreement: Barry Bronze Bearing Co., Site, Camden, NJ, 23857–23858 Federal Railroad Administration Second Draft Risk and Exposure Assessment Report for NOTICES Sulfur Dioxide, 23858–23859 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23927–23928 Executive Office of the President Federal Reserve System See Presidential Documents NOTICES See Science and Technology Policy Office Change in Bank Control Notices: Acquisition of Shares of Bank or Bank Holding Federal Aviation Administration Companies, 23860 NOTICES Environmental Impact Statements; Availability, etc.: Food and Drug Administration Sitka Rocky Gutierrez Airport, Sitka, AK, 23929–23930 NOTICES Schedule of Charges Outside the United States, 23931 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23865–23866 Federal Communications Commission Temporary Deferment of Activities Relating to Medical RULES Device Submissions, 23874 Private Land Mobile Radio Services, 23799–23803 PROPOSED RULES Health and Human Services Department Private Land Mobile Radio Services, 23816–23822 See Centers for Disease Control and Prevention Telecommunications Relay Services and Speech-to-Speech See Children and Families Administration Services for Individuals with Hearing and Speech See Food and Drug Administration Disabilities, 23815–23816 See Health Resources and Services Administration NOTICES See National Institutes of Health Telecommunications Relay Services and Speech-to-Speech PROPOSED RULES Services for Individuals with Hearing and Speech Approval Tests and Standards for Closed-Circuit Escape Disabilities, 23859–23860 Respirators, 23814 Quality Assurance Requirements for Respirators, 23815 Federal Energy Regulatory Commission NOTICES PROPOSED RULES Meetings: Smart Grid Policy; Requesting Supplemental Comments, CBRN Medical Countermeasures Workshop ( 2009), 23810–23811 23861 NOTICES Annual Change in the Producer Price Index for Finished Health Resources and Services Administration Goods; Revisions to Oil Pipeline Regulations, 23846– NOTICES 23847 Privacy Act; Systems of Records, 23869–23872 Applications: Request for Nominations for Voting Members: FFP Detroit 1, LLC d/b/a FFP Lock & Dam (No. 10), Advisory Commission of Childhood Vaccines, 23873 23852–23853 Homeland Security Department FFP Kansas 1 LLC d/b/a FFP Lock & Dam (No. 9), 23848 See Coast Guard FFP Project 31, LLC, 23849–23850 See U.S. Citizenship and Immigration Services FFP Project 34, LLC, 23848–23849 See U.S. Customs and Border Protection General Power Engineering Associates, Inc., 23851–23852 Hydro Energy Technologies, LLC, 23847–23848 Interior Department Tennessee Gas Pipeline Co., 23851 See Land Management Bureau Transcontinental Gas Pipe Line Co., LLC, 23850–23851 See National Park Service Filings: DownEast Power Co., LLC, 23853 Justice Department Easton Utilities Commission, 23853 See Antitrust Division Empire Generating Co., 23854 See Drug Enforcement Administration J–W Pipeline Co., 23855 See Justice Programs Office Riverside, CA, 23853–23854 See Parole Commission Twin Cities Energy, L.L.C., 23855–23856 Twin Cities Power, L.L.C., 23855 Justice Programs Office Wolverine Power Supply Cooperative, Inc., 23854–23855 NOTICES Stakeholder Conference Call: Agency Information Collection Activities; Proposals, California Independent System Operator Corp., 23856 Submissions, and Approvals, 23880–23881

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Labor Department Nuclear Regulatory Commission See Employee Benefits Security Administration NOTICES See Employment and Training Administration Agency Information Collection Activities; Proposals, See Labor–Management Standards Office Submissions, and Approvals, 23894 NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, FirstEnergy Nuclear Operating Co.; Beaver Valley Power Submissions, and Approvals, 23885–23888 Station, Units 1 and 2, Shippingport, PA, 23895 Nine Mile Point 3 Nuclear Project, LLC and UniStar Labor–Management Standards Office Nuclear Operating Services, LLC, 23895–23897 PROPOSED RULES Oconee Nuclear Station Independent Spent Fuel Storage Labor Organization Annual Reports, 23811–23812 Installation, 23897–23899

Land Management Bureau Parole Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 23884 Submissions, and Approvals, 23879 Pipeline and Hazardous Materials Safety Administration Management and Budget Office NOTICES See Federal Procurement Policy Office Pipeline Safety: Potential Low and Variable Yield and Tensile Strength National Aeronautics and Space Administration and Chemical Composition Properties in High NOTICES Strength Line Pipe, 23930–23931 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23893–23894 Presidential Documents ADMINISTRATIVE ORDERS National Highway Traffic Safety Administration Iraq; Continuation of National Emergency (Notice of May NOTICES 19, 2009), 23933–23936 Compliance Test Program; Technical Workshops and Demonstrations, 23928–23929 Rural Housing Service NOTICES National Institutes of Health Funding Availability: NOTICES Applications for Section 514 Farm Labor Housing Loans Agency Information Collection Activities; Proposals, and Section 516 Farm Labor Housing Grants for Off- Submissions, and Approvals, 23861–23862 Farm Housing (FY 2009), 23838–23843 Meetings: Center for Scientific Review, 23868–23869 Science and Technology Policy Office National Institute of Arthritis and Musculoskeletal and NOTICES Skin Diseases, 23867–23869 Transparency and Open Government, 23901–23902 National Institute of Diabetes and Digestive and Kidney Diseases, 23866–23867 Securities and Exchange Commission NOTICES National Oceanic and Atmospheric Administration Self-Regulatory Organizations; Proposed Rule Changes: PROPOSED RULES Chicago Board Options Exchange, Inc., 23909–23912 Endangered and Threatened Wildlife and Plants: Depository Trust Co. et al., 23907–23908 Proposed Rulemaking to Establish Take Prohibitions for Financial Industry Regulatory Authority, Inc., 23912– the Threatened Southern Distinct Population 23915 Segment, etc. , 23822–23837 NASDAQ OMX BX, Inc., 23908–23909, 23915–23916 NOTICES NASDAQ Stock Market LLC, 23902–23907 Endangered and Threatened Species: Take of Anadromous Fish , 23844–23845 Small Business Administration Incidental Taking of Marine Mammals: NOTICES Explosive Removal of Offshore Structures in the Gulf of Disaster Declarations: Mexico, 23845–23846 Indiana, 23899 Mississippi, 23899–23900 National Park Service North Dakota, 23899, 23901 NOTICES Texas, 23900–23901 General Management Plan/Environmental Impact Statement; Availability, etc.: Social Security Administration Minuteman Missile National Historic Site, SD, 23880 NOTICES Agency Information Collection Activities; Proposals, National Telecommunications and Information Submissions, and Approvals, 23916–23918 Administration State Department NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Online Safety and Technology Working Group, 23846 Submissions, and Approvals, 23918–23920

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Bureau of Educational and Cultural Affairs (ECA) Request Agency Information Collection Activities; Proposals, for Grant Proposals: Submissions, and Approvals, 23875–23879 Intensive Summer Language Institutes for Teachers Program, 23920–23925 Veterans Affairs Department Surface Transportation Board NOTICES NOTICES Meetings: Abandonment Exemption: Advisory Committee on Structural Safety of Department CSX Transportation, Inc.; McMinn County, TN, 23926– of Veterans Affairs Facilities, 23931–23932 23927 Advisory Committee on Women Veterans, 23932 Transportation Department See Federal Aviation Administration See Federal Railroad Administration Separate Parts In This Issue See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Part II See Surface Transportation Board Presidential Documents, 23933–23936 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23925–23926 Reader Aids U.S. Citizenship and Immigration Services Consult the Reader Aids section at the end of this page for NOTICES phone numbers, online resources, finding aids, reminders, Agency Information Collection Activities; Proposals, and notice of recently enacted public laws. Submissions, and Approvals, 23875–23876 To subscribe to the Federal Register Table of Contents U.S. Customs and Border Protection LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Accreditation and Approval of Intertek USA, Inc., as a archives, FEDREGTOC-L, Join or leave the list (or change Commercial Gauger and Laboratory, 23874–23875 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.

Administrative Orders: Notices: Notice of May 19, 2009 ...... 23935 10 CFR Proposed Rules: 440...... 23804 18 CFR Proposed Rules: Chap.I ...... 23810 21 CFR 1308 (2 documents) ...... 23789, 23790 29 CFR Proposed Rules: 403...... 23811 408...... 23811 33 CFR 165 (2 documents) ...... 23793, 23796 40 CFR Proposed Rules: 52...... 23812 42 CFR Proposed Rules: 84 (2 documents) ...... 23814, 23815 45 CFR 302...... 23798 303...... 23798 307...... 23798 47 CFR 90...... 23799 Proposed Rules: 64...... 23815 90...... 23816 50 CFR Proposed Rules: 223...... 23822

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Rules and Regulations Federal Register Vol. 74, No. 97

Thursday, May 21, 2009

This section of the FEDERAL REGISTER On December 2, 2008, the Assistant lacosamide has abuse potential contains regulatory documents having general Secretary for Health of the Department supporting placement in schedule V applicability and legal effect, most of which of Health and Human Services (DHHS) under the CSA. The DHHS are keyed to and codified in the Code of sent the Administrator of the DEA a recommended control in schedule V of Federal Regulations, which is published under scientific and medical evaluation and a the CSA and the DEA concurs. 50 titles pursuant to 44 U.S.C. 1510. letter recommending that lacosamide be The commenter also submitted a The Code of Federal Regulations is sold by placed into schedule V of the CSA. request for a hearing. DEA regulations the Superintendent of Documents. Prices of Enclosed with the December 2, 2008, provide that ‘‘[a]ny interested person’’ new books are listed in the first FEDERAL letter was a document prepared by the may request a hearing on a proposed REGISTER issue of each week. FDA entitled ‘‘Basis for the scheduling action. 21 CFR 1308.44(a). Recommendation for Control of DEA regulations define ‘‘interested Lacosamide in Schedule V of the person’’ as ‘‘any person adversely DEPARTMENT OF JUSTICE Controlled Substances Act (CSA).’’ The affected or aggrieved by any rule or document contained a review of the proposed rule issuable pursuant to [21 Drug Enforcement Administration factors which the CSA requires the U.S.C. 811].’’ 21 CFR 1300.01(b)(19). Secretary to consider (21 U.S.C. 811(b)). The regulations further require that any 21 CFR Part 1308 Based on the recommendation of the person requesting a hearing must state [Docket No. DEA–325F] Assistant Secretary for Health and an ‘‘with particularity’’ his interest in the independent review of the available proceeding. 21 CFR 1316.47(a). The Schedules of Controlled Substances: data by the DEA, the Deputy commenter failed to provide sufficient Placement of Lacosamide into Administrator of the DEA, in a March information to demonstrate that he Schedule V 10, 2009, Notice of Proposed meets the definition of ‘‘interested person’’ as set forth in the regulations, AGENCY: Drug Enforcement Rulemaking (74 FR 10205) proposed placement of lacosamide into schedule therefore DEA is denying his hearing Administration (DEA), Department of request. Justice. V of the CSA. The proposed rule provided an opportunity for all DEA also received many comments ACTION: Final rule. interested persons to submit their after the comment period closed. These comments, objections, or requests for late comments were not considered by SUMMARY: With the issuance of this final DEA. rule, the Deputy Administrator of the hearing to be received by the DEA on or DEA places the substance lacosamide before April 9, 2009. Scheduling of Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy- Comments Received Based on the scientific and medical propionamide] and any material, evaluation and the recommendation of DEA received one comment within compound, mixture, or preparation the Assistant Secretary for Health, the comment period in response to the which contains any quantity of received in accordance with section Notice of Proposed Rulemaking. The lacosamide into schedule V of the 201(b) of the Act (21 U.S.C. 811(b)), and commenter stated that lack of Controlled Substances Act (CSA). As a the independent review of the available information and inappropriate result of this rule, the regulatory data by the DEA, the Deputy comparisons to other drugs precluded controls and criminal sanctions of Administrator of the DEA, pursuant to the scheduling of lacosamide and schedule V will be applicable to the sections 201(a) and 201(b) of the Act (21 suggested that scheduling be postponed manufacture, distribution, dispensing, U.S.C. 811(a) and 811(b)), finds that: for 24 months to collect data. importation and exportation of (1) Lacosamide has a low potential for lacosamide. DEA does not agree. The studies used abuse relative to the drugs or other to assess abuse potential of lacosamide substances in schedule IV; DATES: Effective Date: This rule is are widely held as the standard methods effective June 22, 2009. (2) Lacosamide has a currently of evaluation. Behavioral effects of accepted medical use in treatment in the FOR FURTHER INFORMATION CONTACT: lacosamide in animals and humans United States; and Christine A. Sannerud, PhD, Chief, Drug were found to be similar to, but (3) Abuse of lacosamide may lead to and Chemical Evaluation Section, Office transient relative to, those of the limited physical dependence or of Diversion Control, Drug Enforcement schedule IV drugs alprazolam and psychological dependence relative to Administration, 8701 Morrissette Drive, phenobarbital. Preclinical studies the drugs or other substances in Springfield, VA 22152, (202) 307–7183. indicated that lacosamide is self- schedule IV. SUPPLEMENTARY INFORMATION: administered at rates higher than saline Based on these findings, the Deputy and partially mimics discrimitive Background Administrator of the DEA concludes stimulus effects to the schedule IV that lacosamide and any material, On October 28, 2008, the Food and substances alprazolam and compound, mixture, or preparation Drug Administration (FDA) approved phenobarbital. In clinical trials, which contains any quantity of lacosamide [(R)-2-acetoamido-N-benzyl- lacosamide produced subjective lacosamide, warrant control in schedule 3-methoxy-propionamide] for marketing responses similar to alprazolam but V of the CSA. under the trade name Vimpat® for use these effects did not last as long as as an adjunctive therapy in treatment of alprazolam. After careful consideration Requirements for Handling Lacosamide partial-onset seizures in patients with of positive indicators from preclinical Registration. Any person who epilepsy ages 17 years and older. and clinical studies, DEA finds manufactures, distributes, dispenses,

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imports, exports, engages in research or is a formal rulemaking ‘‘on the record based companies in domestic and conducts instructional activities with after opportunity for a hearing.’’ Such export markets. lacosamide, or who desires to proceedings are conducted pursuant to List of Subjects in 21 CFR Part 1308 manufacture, distribute, dispense, the provisions of 5 U.S.C. 556 and 557 import, export, engage in instructional and, as such, are exempt from review by Administrative practice and activities or conduct research with the Office of Management and Budget procedure, Drug traffic control, lacosamide, must be registered to pursuant to Executive Order 12866, Narcotics, Prescription drugs. conduct such activities in accordance § 3(d)(1). ■ Under the authority vested in the with Part 1301 of Title 21 of the Code Regulatory Flexibility Act Attorney General by section 201(a) of of Federal Regulations (CFR). Any the CSA (21 U.S.C. 811(a)), and person who is currently engaged in any The Deputy Administrator, in delegated to the Administrator of DEA of the above activities and is not accordance with the Regulatory by Department of Justice regulations (28 registered with DEA must submit an Flexibility Act (5 U.S.C. 601–612), has CFR 0.100), and redelegated to the application for registration on or before reviewed this final rule and by Deputy Administrator pursuant to Title June 22, 2009 and may continue their approving it certifies that it will not 28, Part 0, Appendix to Subpart R, activities until the DEA has approved or have a significant economic impact on Section 12, the Deputy Administrator denied the application. a substantial number of small entities. hereby amends 21 CFR part 1308 as Security. Lacosamide is subject to Lacosamide pharmaceutical products follows: schedule III–V security requirements will be prescription drugs used for the and must be manufactured, distributed, treatment of partial-onset seizures. PART 1308—SCHEDULES OF and stored in accordance with Handlers of lacosamide often handle CONTROLLED SUBSTANCES §§ 1301.71, 1301.72(b), (c), and (d), other controlled substances used in the ■ 1. The authority citation for 21 CFR 1301.73, 1301.74, 1301.75(b) and (c), treatment of central nervous system part 1308 continues to read as follows: 1301.76, and 1301.77 of Title 21 of the disorders which are already subject to CFR on and after June 22, 2009. the regulatory requirements of the CSA. Authority: 21 U.S.C. 811, 812, 871(b) Labeling and Packaging. All labels unless otherwise noted. and labeling for commercial containers Executive Order 12988 of lacosamide which are distributed on ■ 2. Section 1308.15 is amended by This regulation meets the applicable or after June 22, 2009 must comply with revising paragraph (e)(1) and adding a standards set forth in §§ 3(a) and 3(b)(2) requirements of §§ 1302.03–1302.07 of new paragraph (e)(2) to read as follows: of Executive Order 12988, Civil Justice Title 21 of the Code of Federal Reform. § 1308.15 Schedule V. Regulations. * * * * * Inventory. Every registrant required to Executive Order 13132 keep records and who possesses any (e) * * * quantity of lacosamide must keep an This rulemaking does not preempt or (1) Lacosamide [(R)-2-acetoamido-N- inventory of all stocks of lacosamide on modify any provision of State law; nor benzyl-3-methoxy-propionamide]—2746 hand pursuant to §§ 1304.03, 1304.04 does it impose enforcement (2) Pregabalin [(S)-3-(aminomethyl)-5- and 1304.11 of Title 21 of the CFR on responsibilities on any state; nor does it methylhexanoic acid]—2782 or after June 22, 2009. Every registrant diminish the power of any state to Dated: May 12, 2009. who desires registration in schedule V enforce its own laws. Accordingly, this Michele M. Leonhart, rulemaking does not have federalism for lacosamide must conduct an Deputy Administrator. implications warranting the application inventory of all stocks of the substance [FR Doc. E9–11927 Filed 5–20–09; 8:45 am] on hand at the time of registration. of Executive Order 13132. BILLING CODE 4410–09–P Records. All registrants must keep Unfunded Mandates Reform Act of 1995 records pursuant to §§ 1304.03, 1304.04, 1304.21, 1304.22, and 1304.23 of Title This rule will not result in the DEPARTMENT OF JUSTICE 21 of the Code of Federal Regulations on expenditure by state, local and tribal or after June 22, 2009. governments, in the aggregate, or by the Drug Enforcement Administration Prescriptions. All prescriptions for private sector, of $120,000,000 or more lacosamide pharmaceutical products (adjusted for inflation) in any one year, 21 CFR Part 1308 must be issued pursuant to 21 CFR and will not significantly or uniquely 1306.03–1306.06 and 1306.21, 1306.23– affect small governments. Therefore, no [Docket No. DEA–319F] 1306.27 on or after June 22, 2009. actions were deemed necessary under Schedules of Controlled Substances: Importation and Exportation. All provisions of the Unfunded Mandates Placement of Tapentadol Into Schedule importation and exportation of Reform Act of 1995. lacosamide must be in compliance with II Congressional Review Act part 1312 of Title 21 of the CFR on or AGENCY: Drug Enforcement after June 22, 2009. This rule is not a major rule as Administration, Department of Justice. Criminal Liability. Any activity with defined by § 804 of the Small Business ACTION: Final rule. lacosamide not authorized by, or in Regulatory Enforcement Fairness Act of violation of, the CSA or the Controlled 1996 (Congressional Review Act). This SUMMARY: With the issuance of this final Substances Import and Export Act rule will not result in an annual effect rule, the Deputy Administrator of the occurring on or after June 22, 2009 shall on the economy of $100,000,000 or Drug Enforcement Administration be unlawful. more; a major increase in costs or prices: (DEA) places the substance tapentadol, Regulatory Certifications or significant adverse effects on including its isomers, esters, ethers, competition, employment, investment, salts and salts of isomers, esters and Executive Order 12866 productivity, innovation, or on the ethers whenever the existence of such In accordance with the provisions of ability of United States-based isomers, esters, ethers, and salts is the CSA (21 U.S.C. 811(a)), this action companies to compete with foreign possible, into schedule II of the

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Controlled Substances Act (CSA). As a Tapentadol into Schedule II’’ on The commenter asked if quantities of result of this rule, the regulatory February 17, 2009 (74 FR 7386), which tapentadol held by a DEA registrant controls and criminal sanctions of proposed placement of tapentadol into would have to be reported once the schedule II will be applicable to the schedule II of the CSA. The proposed scheduling of tapentadol as a schedule manufacture, distribution, dispensing, rule provided an opportunity for all II substance was finalized. In response, importation, and exportation of interested persons to submit their the reporting and recordkeeping tapentadol and products containing written comments on or before March requirements for handling schedule II tapentadol. 19, 2009. substances can be found in 21 CFR part 1304. Specifically, 21 CFR 1304.11(b) DATES: Effective Date: June 22, 2009. Comments Received states that ‘‘Every person required to FOR FURTHER INFORMATION CONTACT: The DEA received three comments in keep records shall take an inventory of Christine A. Sannerud, PhD, Chief, Drug response to the Notice of Proposed all stocks of controlled substances on and Chemical Evaluation Section, Office Rulemaking. One comment was from a hand on the date he/she first engages in of Diversion Control, Drug Enforcement consulting firm, one comment was from the manufacture, distribution, or Administration, 8701 Morrissette Drive, a concerned citizen, and the last dispensing of controlled substances Springfield, Virginia 22152, Telephone: comment was from a company which * * *’’ In order for a manufacturer to (202) 307–7183. does research and development on handle a schedule II substance, a SUPPLEMENTARY INFORMATION: pharmaceutical drugs. manufacturing or procurement quota The first commenter recommended Background has to be requested in accordance with that the DEA expedite the issuance and the requirements of 21 U.S.C. 826(c) and On November 20, 2008, the Food and effective date of the Final Rule placing 21 CFR part 1303. The manufacturer’s Drug Administration (FDA) approved tapentadol in schedule II. The inventory of the substance is used, in tapentadol for marketing in the United commenter stated that tapentadol will part, to determine the manufacturer’s States as a prescription drug product for provide a safe and effective substitute quota. the treatment of moderate-to-severe for other schedule II analgesics and that The commenter asked about the acute pain. Tapentadol is a new the conditions of public health process for adding the CSA drug code molecular entity with centrally-acting necessitate and justify this request. In for tapentadol to their registration. In analgesic properties. response, DEA believes that providing response, the regulatory process Tapentadol has dual modes of action, 30 days for this rule to become effective required to obtain a DEA registration is μ namely mu ( ) opioid receptor agonistic is both expeditious and sufficient to outlined generally in 21 CFR 1301.11 action and inhibition of reuptake of allow handlers to apply for registration through 1301.19, and the process norepinephrine at the norepinephrine with DEA and to comply with the required to modify an existing DEA transporter. The chemical name of its regulatory requirements for handling registration is outlined in 21 CFR monohydrochloride salt form is 3- schedule II controlled substances. 1301.51. Information relating to [(1R,2R)-3-(dimethylamino)-1-ethyl-2- A second commenter stated that since registration may be found on the methylpropyl]phenol hydrochloride. tapentadol induces effects similar to Internet, http:// Tapentadol shares substantial oxycodone and morphine, both www.DEAdiversion.usdoj.gov, or by pharmacological effects and abuse schedule II substances, then it should be contacting DEA’s Registration Call potential with other schedule II opioid placed in schedule II of the Controlled Center, toll free at 1–800–882–9539. analgesics, e.g., morphine, oxycodone, Substances Act based on tapentadol’s Finally, the commenter inquired and hydromorphone. abuse potential. Thus, the commenter about the process for establishing an Since tapentadol is a new molecular agreed with DHHS’ recommendation NDC number for tapentadol with the entity, there has been no evidence of and the action proposed by DEA. No Automation of Reports and diversion, abuse, or law enforcement response from DEA is necessary to this Consolidated Orders System (ARCOS). encounters involving the drug. comment because it is consistent with National Drug Code (NDC) numbers are On November 13, 2008, the Assistant the DEA’s final action. assigned by the Food and Drug Secretary for Health, Department of The third commenter had four Administration (FDA) in conjunction Health and Human Services (DHHS), questions/comments regarding the with registration and drug listing sent the Deputy Administrator of DEA a implementation of this Final Rule. Each requirements of the Federal Food, Drug, scientific and medical evaluation and a question/comment is addressed below. and Cosmetic Act. Accordingly, a letter recommending that tapentadol be The commenter requested that DEA person manufacturing a product placed into schedule II of the CSA. registrants be allowed enough time to containing tapentadol must obtain an Enclosed with the November 13, 2008, make the changes needed to carry out NDC number from FDA in accordance letter was a document prepared by the handling tapentadol as a schedule II with 21 CFR 207.35. Once the drug code Food and Drug Administration (FDA) substance, as dictated in 21 CFR for tapentadol is added to an existing entitled, ‘‘Basis for the Recommendation 1301.51, 1301.71, and 1304.04. In manufacturer’s registration or a new for Control of Tapentadol in Schedule II response to this comment, the effective registration is issued to an applicant, of the Controlled Substances Act.’’ The date of the Final Rule placing then that DEA-registered manufacturer document contained a review of the tapentadol in schedule II of the must provide the DEA’s ARCOS Unit factors which the CSA requires the Controlled Substances Act will be thirty with its established NDC number for Secretary to consider (21 U.S.C. 811(b)). (30) days from the date of publication of their product containing tapentadol. After a review of the available data, the Final Rule, thus allowing ample Once that information is obtained, it can including the scientific and medical time for those that wish to handle be used to report ARCOS reportable evaluation and the scheduling tapentadol to meet DEA regulatory transactions pursuant to 21 CFR recommendation from DHHS, the requirements for handling schedule II 1304.33. Deputy Administrator of the DEA substances. It has been DEA’s published a Notice of Proposed experience that this is sufficient time to Scheduling of Tapentadol Rulemaking entitled ‘‘Schedules of meet the regulatory requirements Based on the recommendation of the Controlled Substances: Placement of provided below. Assistant Secretary for Health, received

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in accordance with § 201(b) of the Act inventory of all stocks of tapentadol on treatment of moderate-to-severe acute (21 U.S.C. 811(b)), and the independent hand pursuant to §§ 1304.03, 1304.04 pain. Handlers of tapentadol also handle review of the available data by DEA, and and 1304.11 of Title 21 of the Code of other controlled substances used to treat after a review of the comments received Federal Regulations on or after June 22, pain which are already subject to the in response to the Notice of Proposed 2009. Every registrant who desires regulatory requirements of the CSA. Rulemaking, the Deputy Administrator registration in schedule II for tapentadol of DEA, pursuant to §§ 201(a) and 201(b) must conduct an inventory of all stocks Executive Order 12988 of the Act (21 U.S.C. 811(a) and 811(b)), of the substance on hand at the time of This regulation meets the applicable finds that: registration. standards set forth in Sections 3(a) and (1) Tapentadol has a high potential for Records. All registrants must keep 3(b)(2) of Executive Order 12988 Civil abuse; records pursuant to §§ 1304.03, 1304.04, Justice Reform. (2) Tapentadol has a currently 1304.21, 1304.22, and 1304.23 of Title accepted medical use in treatment in the 21 of the Code of Federal Regulations on Executive Order 13132 United States; and or after June 22, 2009. (3) Abuse of tapentadol may lead to Reports. All registrants required to This rulemaking does not preempt or severe psychological or physical submit reports to the Automation of modify any provision of State law; nor dependence. Reports and Consolidated Order System does it impose enforcement Based on these findings, the Deputy (ARCOS) in accordance with § 1304.33 responsibilities on any State; nor does it Administrator of DEA concludes that of Title 21 of the Code of Federal diminish the power of any State to tapentadol, including its isomers, esters, Regulations must do so for tapentadol. enforce its own laws. Accordingly, this ethers, salts and salts of isomers, esters Orders for Tapentadol. All registrants rulemaking does not have federalism and ethers whenever the existence of involved in the distribution of implications warranting the application such isomers, esters, ethers, and salts is tapentadol must comply with the order of Executive Order 13132. possible, warrants control in schedule II form requirements of part 1305 of Title Unfunded Mandates Reform Act of 1995 of the CSA (21 U.S.C. 812(b)(2)). 21 of the Code of Federal Regulations on Requirements for Handling Tapentadol or after June 22, 2009. This rule will not result in the Prescriptions. All prescriptions for expenditure by State, local and Tribal Registration. Any person who tapentadol or prescriptions for products manufactures, distributes, dispenses, governments, in the aggregate, or by the containing tapentadol must be issued private sector, of $120,000,000 or more imports, exports, engages in research or pursuant to §§ 1306.03 through 1306.06 conducts instructional activities with (adjusted for inflation) in any one year, and 1306.11 through 1306.15 of Title 21 and will not significantly or uniquely tapentadol, or who desires to of the Code of Federal Regulations on manufacture, distribute, dispense, affect small governments. Therefore, no and after June 22, 2009. actions were deemed necessary under import, export, engage in instructional Importation and Exportation. All activities or conduct research with provisions of the Unfunded Mandates importation and exportation of Reform Act of 1995. tapentadol, must be registered to tapentadol must be in compliance with conduct such activities in accordance part 1312 of Title 21 of the Code of Congressional Review Act with part 1301 of Title 21 of the Code Federal Regulations on or after June 22, of Federal Regulations. Any person who This rule is not a major rule as 2009. defined by section 804 of the Small is currently engaged in any of the above Criminal Liability. Any activity with Business Regulatory Enforcement activities and is not registered with DEA tapentadol not authorized by, or in Fairness Act of 1996 (Congressional must submit an application for violation of, the CSA or the Controlled Review Act). This rule will not result in registration on or before June 22, 2009 Substances Import and Export Act shall an annual effect on the economy of and may continue their activities until be unlawful on or after June 22, 2009. DEA has approved or denied that $100,000,000 or more; a major increase application. Regulatory Certifications in costs or prices; or significant adverse Security. Tapentadol is subject to effects on competition, employment, Executive Order 12866 schedule II security requirements and investment, productivity, innovation, or must be manufactured, distributed, and In accordance with the provisions of on the ability of United States-based stored in accordance with §§ 1301.71, the CSA (21 U.S.C. 811(a)), this action companies to compete with foreign 1301.72(a), (c), and (d), 1301.73, is a formal rulemaking ‘‘on the record based companies in domestic and 1301.74, 1301.75(b) and (c), 1301.76 and after opportunity for a hearing.’’ Such export markets. 1301.77 of Title 21 of the Code of proceedings are conducted pursuant to List of Subjects in 21 CFR Part 1308 Federal Regulations on or after June 22, the provisions of 5 U.S.C. 556 and 557 2009. and, as such, are exempt from review by Administrative practice and Labeling and Packaging. All labels the Office of Management and Budget procedure, Drug traffic control, and labeling for commercial containers pursuant to Executive Order 12866, Narcotics, Prescription drugs. of tapentadol must comply with section 3(d)(1). requirements of §§ 1302.03 through ■ Under the authority vested in the Regulatory Flexibility Act 1302.07 of Title 21 of the Code of Attorney General by section 201(a) of Federal Regulations on or after June 22, The Deputy Administrator, in the CSA (21 U.S.C. 811(a)), and 2009. accordance with the Regulatory delegated to the Administrator of DEA Quotas. Quotas for tapentadol must be Flexibility Act (5 U.S.C. 601–612), has by Department of Justice regulations (28 established pursuant to part 1303 of reviewed this final rule and by CFR 0.100), and redelegated to the Title 21 of the Code of Federal approving it certifies that it will not Deputy Administrator pursuant to Title Regulations. have a significant economic impact on 28, Part 0, Appendix to Subpart R, Inventory. Every registrant required to a substantial number of small entities. Section 12, the Deputy Administrator keep records and who possesses any Tapentadol products will be hereby amends 21 CFR part 1308 as quantity of tapentadol must keep an prescription drugs used for the follows:

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PART 1308—SCHEDULES OF Floor, Room W12–140, 1200 New Jersey Canada violates this treaty. The CONTROLLED SUBSTANCES Avenue, SE., Washington, DC 20590, Boundary Waters Treaty does guarantee between 9 a.m. and 5 p.m., Monday that ‘‘navigation of all navigable ■ 1. The authority citation for part 1308 through Friday, except Federal holidays. boundary waters’’ shall be ‘‘free and continues to read as follows: FOR FURTHER INFORMATION CONTACT: If open’’ to ‘‘inhabitants * * * ships, Authority: 21 U.S.C. 811, 812, 871(b), you have questions on this rule, call or vessels, and boats’’ of both the United unless otherwise noted. e-mail CDR Joseph Snowden, States and Canada, ‘‘subject, however, to ■ Prevention Department, Sector Detroit, any laws and regulations of either 2. Section 1308.12 is amended in the country.’’ Both the United States and table by adding a new paragraph (c)(28) Coast Guard; telephone (313) 568–9580, e-mail [email protected]. If Canada have determined, pursuant to to read as follows: you have questions on viewing the each country’s laws and regulations, § 1308.12 Schedule II. docket, call Renee V. Wright, Program that brief closures of the Detroit River * * * * * Manager, Docket Operations, telephone are reasonably necessary to protect (c) * * * 202–366–9826. spectators and vessels from hazards SUPPLEMENTARY INFORMATION: associated with these air races. (28) Tapentadol ...... 9780 Moreover, under fundamental * * * * * Regulatory Information principles of international law, only the Dated: May 15, 2009. On April 16, 2009, we published a States that are a party to an international Michele M. Leonhart, notice of proposed rulemaking (NPRM) agreement are generally entitled to entitled Safety Zone; Red Bull Air Race, allege a breach of the terms of the Deputy Administrator. Detroit River, Detroit, MI in the Federal agreement by the other. For this event, [FR Doc. E9–11933 Filed 5–20–09; 8:45 am] Register (74 FR 17627). We received one Canada has also agreed that a closure of BILLING CODE 4410–09–P comment on the proposed rule. No a small portion of the river for a short public meeting was requested, and none period of time is a reasonable and was held. necessary measure. DEPARTMENT OF HOMELAND Under 5 U.S.C. 553(d)(3), the Coast Second, the commenter stated that the SECURITY Guard finds that good cause exists for proposed rule constituted a ‘‘public making this rule effective less than 30 taking’’ in contravention of the Fifth Coast Guard days after publication in the Federal Amendment to the United States Register. Delaying this rule would be Constitution; in that vessel owners will 33 CFR Part 165 contrary to the public interest of experience delays that will result in lost [Docket No. USCG–2009–0089] ensuring, to the extent practicable, the profits. This commenter did not put safety and security of the spectators and forward any specific company or vessel RIN 1625–AA00 participants during this event and that would be so affected. The Coast immediate action is necessary to Guard disagrees with this comment. In Safety Zone; Red Bull Air Race, Detroit prevent possible injury, loss of life, or general, a ‘‘taking’’ occurs when a River, Detroit, MI property. governmental entity uses its powers to AGENCY: Coast Guard, DHS. permanently deprive a person or entity Background and Purpose of property. The Captain of the Port has ACTION: Temporary final rule. This temporary safety zone is considered the needs of port SUMMARY: The Coast Guard is necessary to ensure, to the extent stakeholders and the maritime establishing a temporary safety zone on practicable, the safety of vessels and community and has determined that the Detroit River, Detroit, Michigan. spectators from hazards associated with this safety zone is necessary to protect This zone will restrict vessels from an air race. The Captain of the Port the public and maintain safety of portions of the Detroit River during the Detroit has determined air races in close navigation. Further, the rule is only Red Bull Air Race. This temporary proximity to watercraft and temporary in nature, not permanent, safety zone is necessary to protect infrastructure pose significant risk to and in the event that this temporary spectators and vessels from the hazards public safety and property. The likely safety zone affects shipping, commercial associated with air races. combination of large numbers of vessels may request permission from the recreation vessels, possible alcohol use, Captain of the Port Detroit to transit DATES: This rule is effective from 9 a.m. airplanes traveling at high speeds and through the safety zone. Moreover, the on June 11, 2009 through 6:30 p.m. on performing aerial acrobatics, and large safety zone will only be enforced for a June 14, 2009. numbers of spectators in close short period of time on the enforcement ADDRESSES: Comments and material proximity to the water could easily dates. Lastly, the Coast Guard believes received from the public, as well as result in serious injuries or fatalities. vessel owners have had sufficient documents mentioned in this preamble Establishing a safety zone around the advance notice of this safety zone, such as being available in the docket, are part location of the race course will help that they should be able to work vessel of docket USCG–2009–0089 and are ensure the safety of persons and schedules around the enforcement available online by going to http:// property at these events and help periods of the proposed safety zone to www.regulations.gov, selecting the minimize the associated risks. minimize or avoid lost profits. Advanced Docket Search option on the Third, the commenter stated that the right side of the screen, inserting USCG– Discussion of Comments and Changes race sponsor must be required to agree 2009–0089 in the Docket ID box, We received one letter, containing in advance to reasonably compensate pressing Enter, and then clicking on the several comments on this rulemaking. vessel owners for losses incurred by item in the Docket ID column. This First, the commenter stated that closure delays and post a bond sufficient to material is also available for inspection of the Detroit River for these air races cover anticipated vessel losses. or copying at the Docket Management violates the Boundary Waters Treaty of Otherwise, this commenter stated, there Facility (M–30), U.S. Department of 1909. The Coast Guard disagrees that is no incentive for race organizers to Transportation, West Building Ground the Coast Guard’s action or the action by work collaboratively with vessel

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operators. The commenter also stated whether this rule would have a and the Regional Small Business that if a vessel delayed by the proposed significant economic impact on a Regulatory Fairness Boards. The safety zone missed the closing of the substantial number of small entities. Ombudsman evaluates these actions Sault Ste. Marie locks at the end of the The term ‘‘small entities’’ comprises annually and rates each agency’s navigation season in January 2010, then small businesses, not-for-profit responsiveness to small business. If you that vessel owner should be organizations that are independently wish to comment on actions by compensated for any lost cargo owned and operated and are not employees of the Coast Guard, call 1– transportation opportunities by the race dominant in their fields, and 888–REG–FAIR (1–888–734–3247). The sponsors. governmental jurisdictions with Coast Guard will not retaliate against This comment is outside the scope of populations of less than 50,000. small entities that question or complain this rulemaking and the Coast Guard The Coast Guard certifies under 5 about this rule or any policy or action disagrees with this comment. The Coast U.S.C. 605(b) that this rule will not have of the Coast Guard. We did not receive Guard is authorized by Congress to a significant economic impact on a any comments for this section. provide for safe navigation and vessel substantial number of small entities. safety in U.S. waters and to ensure the This rule will affect the following Collection of Information entities, some of which may be small safety of all waterway users. As such, in This rule calls for no new collection entities: the owners or operators of this rule, the Coast Guard is balancing of information under the Paperwork vessels intending to transit or anchor in all competing needs by enforcing the Reduction Act of 1995 (44 U.S.C. 3501– safety zone during the air race, but also the safety zone located in the Detroit River between 9 a.m. and 6:30 p.m. on 3520). We did not receive any providing ample notification to vessel comments for this section. owners so that they may plan according June 11, through June 14, 2009. and thereby reduce or avoid lost profits. This safety zone will not have a Federalism The Coast Guard does not believe that significant economic impact on a a compensation agreement is necessary substantial number of small entities for A rule has implications for federalism in order for the race sponsors to work the following reasons. This rule will be under Executive Order 13132, collaboratively with vessel owners. in effect for short period of time each Federalism, if it has a substantial direct Compensation for vessel delays based day it is enforced. Additionally, small effect on State or local governments and on the existence of a safety zone is not entities such as passenger vessels, have would either preempt State law or required under the law. Likewise, the been informed of this event since its impose a substantial direct cost of Coast Guard has no authority to order planning stages, and have had ample compliance on them. We have analyzed the race sponsors to post bond or agree time to make alternate arrangements this rule under that Order and have to any sort of compensation scheme. with regards to mooring positions and determined that it does not have business operations during the hours implications for federalism. We did not Regulatory Analyses this safety zone will be in place. receive any comments for this section. Furthermore, local sailing and yacht We developed this rule after Unfunded Mandates Reform Act considering numerous statutes and clubs will be notified prior to the event executive orders related to rulemaking. by Coast Guard Station Belle Isle with The Unfunded Mandates Reform Act Below we summarize our analyses information on what to expect during of 1995 (2 U.S.C. 1531–1538) requires based on 13 of these statutes or the event with the intention of Federal agencies to assess the effects of executive orders. minimizing interruptions in their their discretionary regulatory actions. In normal business practices. In the event particular, the Act addresses actions Regulatory Planning and Review that this temporary safety zone affects that may result in the expenditure by a This rule is not a significant shipping, commercial vessels may State, local, or Tribal government, in the regulatory action under section 3(f) of request permission from the Captain of aggregate, or by the private sector of Executive Order 12866, Regulatory the Port Detroit to transit through the $100,000,000 or more in any one year. Planning and Review, and does not safety zone. The Coast Guard will give Though this rule will not result in such require an assessment of potential costs notice to the public via a Broadcast an expenditure, we do discuss the and benefits under section 6(a)(3) of that Notice to Mariners that the regulation is effects of this rule elsewhere in this Order. The Office of Management and in effect. Additionally, the COTP will preamble. We did not receive any Budget has not reviewed it under that suspend enforcement of the safety zone comments for this section. Order. if the event for which the zone is We expect the economic impact of established ends earlier than the Taking of Private Property this rule to be so minimal that a full expected time. This rule will not effect a taking of Regulatory Evaluation is unnecessary. This determination is based on the Assistance for Small Entities private property or otherwise have minimal time that vessels will be Under section 213(a) of the Small taking implications under Executive restricted from the zone; the location of Business Regulatory Enforcement Order 12630, Governmental Actions and the zone, which is an area where the Fairness Act of 1996 (Pub. L. 104–121), Interference with Constitutionally Coast Guard expects insignificant in the NPRM we offered to assist small Protected Property Rights. We did not adverse impact to mariners from the entities in understanding the rule so receive any comments for this section. zone’s activation; and the ability of that they could better evaluate its effects Civil Justice Reform commercial vessels to request on them and participate in the permission from the Captain of the Port rulemaking process. This rule meets applicable standards Detroit to transit through the safety Small businesses may send comments in sections 3(a) and 3(b)(2) of Executive zone. on the actions of Federal employees Order 12988, Civil Justice Reform, to who enforce, or otherwise determine minimize litigation, eliminate Small Entities compliance with, Federal regulations to ambiguity, and reduce burden. We did Under the Regulatory Flexibility Act the Small Business and Agriculture not receive any comments for this (5 U.S.C. 601–612), we have considered Regulatory Enforcement Ombudsman section.

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Protection of Children explanation of why using these a line extending from a point on land We have analyzed this rule under standards would be inconsistent with southwest of Joe Louis Arena at position ° ′ ° ′ Executive Order 13045, Protection of applicable law or otherwise impractical. 42 19.4 N; 083 3.3 W, northeast along Children from Environmental Health Voluntary consensus standards are the Detroit shoreline to a point on land Risks and Safety Risks. This rule is not technical standards (e.g., specifications at position 42°20.0′ N; 083°1.2′ W, an economically significant rule and of materials, performance, design, or southeast to the international boarder does not create an environmental risk to operation; test methods; sampling with Canada at position 42°19.8′ N; health or risk to safety that may procedures; and related management 083°1.0′ W, southwest along the disproportionately affect children. We systems practices) that are developed or international border to position 42°19.2′ did not receive any comments for this adopted by voluntary consensus N; 083°3.3′ W, and northwest to the section. standards bodies. point of origin at position 42°19.4′ N; This rule does not use technical 083°3.3′ W. (DATUM: NAD 83). Indian Tribal Governments standards. Therefore, we did not The Coast Guard recognizes the treaty consider the use of voluntary consensus (b) Enforcement Period. The safety rights of Native American Tribes. standards. We did not receive any zone will be enforced daily from 9 a.m. Moreover, the Coast Guard is committed comments for this section. to 6:30 p.m. on June 11, 2009 through June 14, 2009. to working with Tribal Governments to Environment implement local policies and to mitigate (c) Regulations. (1) In accordance with Tribal concerns. We have determined We have analyzed this rule under the general regulations in § 165.23 of Department of Homeland Security that this rule and fishing rights this part, entry into, transiting, or Management Directive 023–01 and protection need not be incompatible. anchoring within this safety zone is Commandant Instruction M16475.lD, We have also determined that this rule prohibited unless authorized by the does not have Tribal implications under which guide the Coast Guard in Captain of the Port Detroit, or his Executive Order 13175, Consultation complying with the National designated on-scene representative. and Coordination with Indian Tribal Environmental Policy Act of 1969 Governments, because it does not have (NEPA) (42 U.S.C. 4321–4370f), and (2) This safety zone is closed to all a substantial direct effect on one or have concluded this action is one of a vessel traffic, except as may be more Indian Tribes, on the relationship category of actions which do not permitted by the Captain of the Port between the Federal Government and individually or cumulatively have a Detroit or his designated on-scene Indian Tribes, or on the distribution of significant effect on the human representative. power and responsibilities between the environment. This rule is categorically (3) The ‘‘on-scene representative’’ of excluded, under figure 2–1, paragraph Federal Government and Indian Tribes. the Captain of the Port is any Coast Nevertheless, Indian Tribes that have (34)(g), of the Instruction. This event Guard commissioned, warrant, or petty questions concerning the provisions of establishes a safety zone, therefore officer who has been designated by the this rule or options for compliance are paragraph (34)(g) of the Instruction encouraged to contact the point of applies. Captain of the Port to act on his behalf. contact listed under FOR FURTHER An environmental analysis checklist The on-scene representative of the INFORMATION CONTACT. We did not and a categorical exclusion Captain of the Port will be aboard either receive any comments for this section. determination are available in the a Coast Guard or Coast Guard Auxiliary docket where indicated under vessel. The Captain of the Port or his Energy Effects ADDRESSES. designated on scene representative may We have analyzed this rule under be contacted via VHF Channel 16. List of Subjects in 33 CFR Part 165 Executive Order 13211, Actions (4) Vessel operators desiring to enter Concerning Regulations That Harbors, Marine safety, Navigation or operate within the safety zone shall Significantly Affect Energy Supply, (water), Reporting and recordkeeping contact the Captain of the Port Detroit Distribution, or Use. We have requirements, Security measures, or his on-scene representative to obtain determined that it is not a ‘‘significant Waterways. permission to do so. energy action’’ under that order because ■ For the reasons discussed in the it is not a ‘‘significant regulatory action’’ preamble, the Coast Guard amends 33 (5) Vessel operators given permission under Executive Order 12866 and is not CFR part 165 as follows: to enter or operate in the safety zone likely to have a significant adverse effect must comply with all directions given to on the supply, distribution, or use of PART 165—REGULATED NAVIGATION them by the Captain of the Port or his energy. The Administrator of the Office AREAS AND LIMITED ACCESS AREAS on-scene representative. of Information and Regulatory Affairs ■ Dated: May 6, 2009. has not designated it as a significant 1. The authority citation for part 165 energy action. Therefore, it does not continues to read as follows: F.M. Midgette, require a Statement of Energy Effects Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Captain, U.S. Coast Guard, Captain of the under Executive Order 13211. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Port Detroit. We did not receive any comments for 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public [FR Doc. E9–11835 Filed 5–20–09; 8:45 am] Law 107–295, 116 Stat. 2064; Department of this section. BILLING CODE 4910–15–P Homeland Security Delegation No. 0170.1. Technical Standards ■ 2. Section 165.T09–0089 is added to The National Technology Transfer read as follows: and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use § 165.T09–0089 Safety Zone; Red Bull Air voluntary consensus standards in their Race, Detroit River, Detroit, MI. regulatory activities unless the agency (a) Location. The following area is a provides Congress, through the Office of temporary safety zone: all U.S. waters of Management and Budget, with an the Detroit River, Detroit, MI, bound by

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DEPARTMENT OF HOMELAND comment when the agency for good Regulatory Analyses SECURITY cause finds that those procedures are We developed this rule after ‘‘impracticable, unnecessary, or contrary considering numerous statutes and Coast Guard to the public interest.’’ Under 5 U.S.C. executive orders related to rulemaking. 553(b)(B), the Coast Guard finds that Below we summarize our analyses 33 CFR Part 165 good cause exists for not publishing a based on 13 of these statutes or [Docket No. USCG–2009–0343] notice of proposed rulemaking (NPRM) executive orders. with respect to this rule because RIN 1625–AA00 immediate action is necessary to ensure Regulatory Planning and Review Safety Zone; ESL Air and Water Show, the safety of vessels, spectators, This rule is not a significant Lake Ontario, Ontario Beach Park, participants, and others in the vicinity regulatory action under section 3(f) of Rochester, NY of the marine event on the dates and Executive Order 12866, Regulatory times this rule will be in effect and Planning and Review, and does not AGENCY: Coast Guard, DHS. delay would be contrary to the public require an assessment of potential costs ACTION: Temporary final rule. interest. and benefits under section 6(a)(3) of that Under 5 U.S.C. 553(d)(3), the Coast Order. The Office of Management and SUMMARY: The Coast Guard is Guard finds that good cause exists for Budget has not reviewed it under that establishing a safety zone for an air and Order. water show in the Captain of the Port making this rule effective less than 30 days after publication in the Federal We expect the economic impact of Buffalo zone. This rule is intended to this rule to be so minimal that a full restrict vessels from areas of water Register because delaying the effective date would be contrary to the public Regulatory Evaluation is unnecessary. during events that pose a hazard to The Coast Guard’s use of this safety public safety. The safety zone interest, since immediate action is needed to ensure the public’s safety. zone will be periodic in nature, of short established by this rule is necessary to duration, and designed to minimize the protect spectators, participants, and Background and Purpose impact on navigable waters. This safety vessels from the hazards associated with zone will only be enforced immediately Temporary safety zones are necessary an air and water show. before and during the time the event to ensure the safety of vessels and DATES: This rule is effective from 10 occurs. Furthermore, this safety zone a.m. May 28, 2009 through 4:30 p.m. spectators from the hazards associated has been designed to allow vessels to May 31, 2009. with air and water shows. Based on transit unrestricted to portions of the ADDRESSES: Documents indicated in this accidents that have occurred in other waterway not affected by the safety preamble as being available in the Captain of the Port zones, the Captain of zone. The Coast Guard expects docket are part of docket USCG–2009– the Port Buffalo has determined air and insignificant adverse impact to mariners 0343 and are available online at water shows pose significant risks to from the activation of this safety zone. http://www.regulations.gov. They are public safety and property. The likely also available for inspection or copying combination of large numbers of Small Entities at two locations: the Docket recreational vessels, congested Under the Regulatory Flexibility Act Management Facility (M–30), U.S. waterways, and alcohol use could easily (5 U.S.C. 601–612), we have considered Department of Transportation, West result in serious injuries or fatalities. whether this rule would have a Building Ground Floor, Room W12–140, Discussion of Rule significant economic impact on a 1200 New Jersey Avenue, SE., substantial number of small entities. Washington, DC 20590, between 9 a.m. The rule and associated safety zones The term ‘‘small entities’’ comprises and 5 p.m., Monday through Friday, are necessary to ensure the safety of small businesses, not-for-profit except Federal holidays, and the Coast vessels and people during events in the organizations that are independently Guard Sector Buffalo, 1 Fuhrmann Captain of the Port Buffalo area of owned and operated and are not Blvd., Buffalo, NY, 14203 between 8 responsibility that may pose a hazard to dominant in their fields, and a.m. and 4 p.m., Monday through the public. The safety zone is described governmental jurisdictions with Friday, except Federal holidays. in subparagraph (1) of this regulation. populations of less than 50,000. FOR FURTHER INFORMATION CONTACT: If The safety zone will be enforced only The Coast Guard certifies under 5 you have questions on this temporary immediately before and during the U.S.C. 605(b) that this rule will not have rule, call Lieutenant Brian Sadler, event which poses a hazard to the a significant economic impact on a Prevention Department, U.S. Coast public and only upon notice by the substantial number of small entities. Guard Sector Buffalo, at (716) 843–9385. Captain of the Port. The Captain of the This rule would affect the following If you have questions on viewing the Port Buffalo will cause notice of entities, some of which might be small docket, call Renee V. Wright, Program enforcement of the safety zone entities: The owners or operators of Manager, Docket Operations, telephone established by this section to be made vessels intending to transit or anchor in 202–366–9826. by all appropriate means to the affected the area designated as the safety zone in SUPPLEMENTARY INFORMATION: segments of the public including subparagraph (1) during the date and publication in the Federal Register, in time the safety zone is being enforced. Regulatory Information accordance with 33 CFR 165.7(a). Such This safety zone would not have a The Coast Guard is issuing this means of notification may also include, significant economic impact on a temporary final rule without prior but are not limited to Broadcast Notice substantial number of small entities for notice and opportunity to comment to Mariners or Local Notice to Mariners. the following reasons. The safety zone pursuant to authority under section 4(a) The Captain of the Port will issue a in this rule would be in effect for short of the Administrative Procedure Act Broadcast Notice to Mariners notifying periods of time and only once per year. (APA) (5 U.S.C. 553(b)). This provision the public when enforcement of the The safety zone has been designed to authorizes an agency to issue a rule safety zone established by this section is allow traffic to pass safely around the without prior notice and opportunity to suspended. zone whenever possible and vessels will

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be allowed to pass through the zone expenditure, we do discuss the effects of standards would be inconsistent with with the permission of the Captain of this rule elsewhere in this preamble. applicable law or otherwise impractical. the Port. Voluntary consensus standards are Taking of Private Property technical standards (e.g., specifications Assistance for Small Entities This rule will not effect a taking of of materials, performance, design, or Under section 213(a) of the Small private property or otherwise have operation; test methods; sampling Business Regulatory Enforcement taking implications under Executive procedures; and related management Fairness Act of 1996 (Pub. L. 104–121), Order 12630, Governmental Actions and systems practices) that are developed or we want to assist small entities in Interference with Constitutionally adopted by voluntary consensus understanding this rule so that they can Protected Property Rights. standards bodies. better evaluate its effects on them and Civil Justice Reform This rule does not use technical participate in the rulemaking. If the rule standards. Therefore, we did not would affect your small business, This rule meets applicable standards consider the use of voluntary consensus organization, or governmental in sections 3(a) and 3(b)(2) of Executive standards. Order 12988, Civil Justice Reform, to jurisdiction and you have questions Environment concerning its provisions or options for minimize litigation, eliminate compliance, please contact LT Brian ambiguity, and reduce burden. We have analyzed this rule under Sadler, Prevention Department, Coast Protection of Children Department of Homeland Security Guard Sector Buffalo, Buffalo, NY at Management Directive 023–01 and (716) 843–9385. We have analyzed this rule under Commandant Instruction M16475.lD, Executive Order 13045, Protection of Small businesses may send comments which guide the Coast Guard in Children from Environmental Health complying with the National on the actions of Federal employees Risks and Safety Risks. This rule is not who enforce, or otherwise determine Environmental Policy Act of 1969 an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and compliance with, Federal regulations to does not create an environmental risk to the Small Business and Agriculture have concluded this action is one of a health or risk to safety that may category of actions which do not Regulatory Enforcement Ombudsman disproportionately affect children. and the Regional Small Business individually or cumulatively have a Regulatory Fairness Boards. The Indian Tribal Governments significant effect on the human Ombudsman evaluates these actions environment. This rule is categorically This rule does not have Tribal excluded, under figure 2–1, paragraph annually and rates each agency’s implications under Executive Order responsiveness to small business. If you (34)(g), of the Instruction. This rule 13175, Consultation and Coordination involves the establishment of a safety wish to comment on actions by with Indian Tribal Governments, employees of the Coast Guard, call zone and, therefore, paragraph (34)(g) of because it does not have a substantial the Instruction applies. An 1–888–REG–FAIR (1–888–734–3247). direct effect on one or more Indian The Coast Guard will not retaliate environmental analysis checklist and a Tribes, on the relationship between the categorical exclusion determination are against small entities that question or Federal Government and Indian Tribes, complain about this rule or any policy available in the docket where indicated or on the distribution of power and under ADDRESSES. or action of the Coast Guard. responsibilities between the Federal Collection of Information Government and Indian Tribes. List of Subjects in 33 CFR Part 165 This rule calls for no new collection Energy Effects Harbors, Marine safety, Navigation (water), Reporting and recordkeeping of information under the Paperwork We have analyzed this rule under Reduction Act of 1995 (44 U.S.C. 3501– requirements, Security measures, Executive Order 13211, Actions Waterways. 3520). Concerning Regulations That ■ For the reasons discussed in the Federalism Significantly Affect Energy Supply, Distribution, or Use. We have preamble, the Coast Guard amends 33 A rule has implications for federalism determined that it is not a ‘‘significant CFR part 165 as follows: under Executive Order 13132, energy action’’ under that order because PART 165—REGULATED NAVIGATION Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ AREAS AND LIMITED ACCESS AREAS effect on State or local governments and under Executive Order 12866 and is not would either preempt State law or likely to have a significant adverse effect ■ 1. The authority citation for part 165 impose a substantial direct cost of on the supply, distribution, or use of continues to read as follows: compliance on them. We have analyzed energy. The Administrator of the Office Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. this rule under that Order and have of Information and Regulatory Affairs Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; determined that it does not have has not designated it as a significant 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; implications for federalism. energy action. Therefore, it does not Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation Unfunded Mandates Reform Act require a Statement of Energy Effects under Executive Order 13211. No. 0170.1. The Unfunded Mandates Reform Act Technical Standards ■ 2. Add a new temporary § 165.T09– of 1995 (2 U.S.C. 1531–1538) requires 0343 to read as follows: Federal agencies to assess the effects of The National Technology Transfer their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 § 165.T09–0343 Safety Zone; ESL Air and particular, the Act addresses actions U.S.C. 272 note) directs agencies to use Water Show, Lake Ontario, Ontario Beach that may result in the expenditure by a voluntary consensus standards in their Park, Rochester, NY. State, local, or Tribal government, in the regulatory activities unless the agency (a) Location. The following area is a aggregate, or by the private sector of provides Congress, through the Office of temporary safety zone: All waters at the $100,000,000 or more in any one year. Management and Budget, with an head of the Genesee River and Lake Though this rule will not result in such explanation of why using these Ontario surrounding Ontario Beach Park

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located at 43°16′18.202″ N., of Staff, entitled ‘‘Regulatory Review,’’ complete their review of the rule and to 077°36′38.919″ W., 43°15′53.209″ N., this action delays until December 30, assess fully the comments received in 077°37′00.698″ W., 43°15′46.366″ N., 2010, the effective date of the final rule response to the March 3, 2009 notice. As 077°35′30.524″ W., 43°15′21.376″ N., entitled ‘‘State Parent Locator Service; a result, on April 15, 2009, a notice was 077°35′52.307″ W. All Geographic Safeguarding Child Support published in the Federal Register [74 coordinates are North American Datum Information,’’ published in the Federal FR 17445] indicating that the of 1983 (NAD 83). Register on September 26, 2008 (73 FR Department was contemplating a further (b) Effective Period. This regulation is 56422). The delay in effective date is delay in the effective date of the ‘‘State effective from 10 a.m., May 28, 2009 necessary to give Department officials Parent Locator; Safeguarding Child through 4:30 p.m., May 31, 2009. This the opportunity for further review of the Support Information’’ final rule to zone will be enforced from 10 a.m. to issues of law and policy raised by this December 30, 2010. As discussed below, 4:30 p.m. May 28, 2009 through May 31, rule. the April 15, 2009 notice generated 2009. DATES: The effective date of the rule three comments, all of which supported (c) Regulations. amending 45 CFR parts 302, 303, and the December 30, 2010 effective date. (1) The general regulations contained 307 published in the September 26, II. Provision of This Action in 33 CFR 165.23 apply. 2008 Federal Register (73 FR 56442), This action further delays the (2) All persons and vessels must which was delayed on March 20, 2009 effective date of the September 26, 2008 comply with the instructions of the (74 FR 11879), is further delayed until final rule. The effective date of the final Coast Guard Captain of the Port or the December 30, 2010. designated on scene patrol personnel. rule which would have been May 22, FOR FURTHER INFORMATION CONTACT: 2009, is now December 30, 2010. The Coast Guard patrol personnel include Yvette Riddick, Office of Child Support commissioned, warrant, and petty delay in the effective date is necessary Enforcement, Division of Policy, (202) to give Department officials the officers of the U.S. Coast Guard. Upon 401–4885. being hailed by a U.S. Coast Guard opportunity for further review of the SUPPLEMENTARY INFORMATION: vessel via siren, radio, flashing light, or issues of law and policy raised by the other means, the operator shall proceed I. Background rule. as directed. On September 26, 2008, a final rule III. Comments Received in Response to (3) Commercial vessels may request following notice and comment period the April 15, 2009 Notice permission from the Captain of the Port entitled ‘‘State Parent Locator Service; We received three comments in Buffalo to transit the safety zone. Safeguarding Child Support response to the April 15, 2009 notice Approval will be made on a case-by- Information’’ was published in the with comment period on the case basis. Requests must be made in Federal Register [73 FR 56422] to contemplated delay in the effective date advance and approved by the Captain of address requirements for State Parent of the ‘‘State Parent Locator Service; the Port before transits will be Locator Service responses to authorized Safeguarding Child Support authorized. The Captain of the Port may location requests, State IV–D program Information’’ final rule. Although the be contacted via U.S. Coast Guard safeguarding of confidential April 15, 2009 notice invited comments Sector Buffalo on Channel 16, VHF–FM. information, authorized disclosures of on the contemplated extension of the Dated: May 1, 2009. this information, and restrictions on the effective date of the regulation to R.S. Burchell, use of confidential data and information December 30, 2010, it also generated Captain, U.S. Coast Guard, Captain of the for child support purposes with comments recommending changes to Port Buffalo. exceptions for certain disclosures substantive areas of the final rule. All [FR Doc. E9–11836 Filed 5–20–09; 8:45 am] permitted by statute. The effective date commenters supported the delayed BILLING CODE 4910–15–P given for the final rule was March 23, effective date and as a result, we are 2009. delaying the effective date of the rule to In accordance with the memorandum December 30, 2010 to allow sufficient DEPARTMENT OF HEALTH AND of January 20, 2009, from the Assistant time for Department officials to review HUMAN SERVICES to the President and Chief of Staff issues of law and policy raised by the entitled ‘‘Regulatory Review’’ [74 FR rule. Administration for Children and 4435], on March 3, 2009, we published A summary of the comments received Families a notice in the Federal Register [74 FR follows: 9171], seeking public comment on a Comments: All three commenters 45 CFR Parts 302, 303 and 307 contemplated delay of 60 days in the supported the contemplated delay in the effective date of the rule entitled ‘‘State effective date. Two of the commenters RIN 0970–AC01 Parent Locator Service; Safeguarding also provided comments that are State Parent Locator Service; Child Support Information.’’ In response substantive in nature. One commenter Safeguarding Child Support to comment, the Department issued a was concerned about the provisions of Information subsequent notice on March 20, 2009 the rule that authorize disclosure of [74 FR 11879] delaying the effective State child support data to private child AGENCY: Office of Child Support date of the September 26, 2008 rule by support collection agencies (PCAs), Enforcement (OCSE), Administration for 60 days until May 22, 2009, in order to companies that do not operate under a Children and Families (ACF), permit officials of the new contract with the State or county child Department of Health and Human Administration an opportunity to support program, but instead contract Services. review and approve the policies in the directly with custodial parents. The ACTION: Delay of effective date. regulation. same commenter also recommended However, subsequent to publication that the Department review the child SUMMARY: In accordance with the of the March 20, 2009 notice, we welfare provision of the rule to ensure memorandum of January 20, 2009, from determined that additional time would that it fully complies with the Fostering the Assistant to the President and Chief be needed for Department officials to Connections to Success and Increasing

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Adoptions Act signed into law on FEDERAL COMMUNICATIONS Order and Further Notice of Proposed October 7, 2008 after the publication of COMMISSION Rulemaking in WP Docket No. 07–100, the final rule September 26, 2008. For adopted on April 7, 2009 and released example, the new law raises a set of 47 CFR Part 90 on April 9, 2009. The complete text of questions about whether data [WP Docket No. 07–100; FCC 09–29] this document is available for maintained through the Federal Parent inspection and copying during normal Locator Service and the State Parent Private Land Mobile Radio Services business hours in the FCC Reference Locator Service are available to assist Information Center, Portals II, 445 12th AGENCY: Federal Communications State child welfare agencies in carrying Street, SW., Room CY–A257, Commission. Washington, DC 20554. This document out their responsibilities to locate adult ACTION: Final rule. may also be purchased from the relatives of children removed from Commission’s duplicating contractor, parental custody in order to identify SUMMARY: This document addresses Best Copy and Printing, Inc., in person potential placements. revisions to the Commission’s rules and at 445 12th Street, SW., Room CY–B402, The other substantive comment raised policies regarding private land mobile Washington, DC 20554, via telephone at similar concerns regarding PCAs. In radio (PLMR) services and particularly (202) 488–5300, via facsimile at (202) particular, the commenter was public safety operations. In the Report 488–5563, or via e-mail at concerned with the PCAs being an and Order portion of this document, the [email protected]. Alternative ‘‘agent of the child’’ for the purpose of Commission accords primary status to formats (computer diskette, large print, 4.9 GHz band permanent fixed stations locate requests under section 453 of the audio cassette, and Braille) are available that are used to deliver broadband Social Security Act. The commenter to persons with disabilities or by service; harmonizes output power believes that the PCA in child support sending an e-mail to [email protected] or measurement procedures for 4.9 GHz matters represents the parent, not the calling the Consumer and Governmental technology with procedures for similar Affairs Bureau at (202) 418–0530, TTY child, thus is not ‘‘the agent of the devices that are regulated by part 15 of child’’ and is not authorized to receive (202) 418–0432. This document is also the Commission’s rules; and clarifies available on the Commission’s Web site any Federal Parent Locator Service that cross-band repeaters are permitted information from the IV–D agency. The at http://www.fcc.gov. for all public safety systems. The The major decisions in the Report and commenter also suggested that similar Commission makes these changes to Order are as follows: to the access provided to title IV Social reduce uncertainty in the rules and • Amends § 90.1207 of the Security Act programs, human service harmonize the rules. The intended effect Commission’s rules, which governs programs serving the same family as the for public safety licensees is to allow licensing of the 4.9 GHz band, to grant child support program should have additional flexibility, create primary status to stand-alone permanent clear and unambiguous access to opportunities for public safety users to fixed links that are used to deliver Federal information. For example, the benefit from speedier deployment of broadband service and permanent fixed commenter encouraged the Office of new technologies in the 4.9 GHz band, links that connect 4.9 GHz base and Child Support Enforcement to provide and lead to expanded use of 4.9 GHz mobile stations that are used to deliver the Supplemental Nutrition Assistance broadband networks. The intended broadband services, as well as other Program access to child support effect for manufacturers is to allow public safety networks using spectrum information to determine income technologies similar to those covered by designated for broadband use. eligibility. part 15 to be used in the 4.9 GHz band, • Amends § 90.1215 of the resulting in speedier deployment of new Commission’s rules to require the same Response: The Department believes technologies in this band. The intended output power measurement procedures that the comments received on the effect of the cross-banding rule change for 4.9 GHz technology as those required notice published in the Federal Register is to enhance communications among for devices that use digital modulation on April 15, 2009 [74 FR 17445] public safety agencies operating in techniques and are regulated by part 15 soliciting comments on the delay in the various frequency bands. of the Commission’s rules. effective date of the rule support the DATES: Effective June 22, 2009. • Continues to permit paging delay in the effective date until ADDRESSES: See SUPPLEMENTARY operations on Very High Frequency December 30, 2010. While the (VHF) public safety frequencies. INFORMATION for locations where the • substantive comments on the policies public may inspect, copy, or purchase Modifies the existing language in contained in the rule were not solicited, hardcopies of the Report and Order and § 90.243(b)(1) to clarify that cross-band the delay will provide time for Further Notice of Proposed Rulemaking. repeaters are permitted for all public Department officials to assess those safety systems. comments as well as review all issues of • Declines to amend § 90.20 to FOR FURTHER INFORMATION CONTACT: authorize privately-run metropolitan law and policy raised by the rule. Thomas Eng, Policy Division, Public (Catalog of Federal Domestic Assistance transit systems to use frequencies in the Safety and Homeland Bureau, Federal Public Safety Pool. Program No. 93.563, Child Support Communications Commission, Enforcement) Washington, DC 20554, at (202) 418– 4.9 GHz Band Dated: May 18, 2009. 0019, TTY (202) 418–7233, via e-mail at In the earlier Notice of Proposed Kathleen Sebelius, [email protected], or via U.S. Mail at Rulemaking (NPRM), 72 FR 35190, June Federal Communications Commission, Secretary. 27, 2007, in this proceeding, the Public Safety and Homeland Security [FR Doc. E9–11936 Filed 5–20–09; 8:45 am] Commission sought comment on two Bureau, 445 12th Street, SW., proposals by M/A–COM to modify the BILLING CODE P Washington, DC 20554. Commission’s rules regarding the 4.9 SUPPLEMENTARY INFORMATION: This is a GHz band. First, M/A–COM asks the summary of the Report and Order Commission for an amendment to portion of the Commission’s Report and § 90.1207(c) that would ‘‘clarify that

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point-to-point and point-to-multipoint asking if, ‘‘given the limited amount of coordination among public safety fixed links in the 4.9 GHz public safety spectrum in the 4.9 GHz band, agencies in a given location will ensure networks are co-primary with mobile permitting fixed operations on a that different services and technologies links’’ and ‘‘grant primary status to fixed primary basis may result in severely can operate unimpeded without causing links connecting public safety networks limiting the spectral availability and interference. We want to make certain with each other using the 4940–4990 reliability of both permanent and ad hoc that public safety can reliably establish MHz band.’’ Second, M/A-COM mobile networks.’’ The Commission broadband networks (e.g., permanent or proposes to add a new § 90.1215(d) asked whether ‘‘adoption of M/A– temporary hot-spot networks) to thereby updating this section COM’s proposal would compromise the transmit broadband data without ‘‘consistent with changes the ability of public safety agencies to concern of interference. Consistent with Commission * * * made to § 15.407(a) utilize the band for temporary ‘incident existing rules, permanent fixed point-to- of its rules’’ (i.e., reflecting the same scene’ operations, a use that received point and to point-to-multipoint links revised measurement procedures overwhelming support in the record of accorded primary status must use adopted by the Commission for devices WT Docket No. 00–32.’’ Finally, the directional antennas with gains over 9 that use digital modulation techniques Commission asked if the M/A–COM dBi up to 26 dBi. Permanent fixed links regulated by part 15). proposal would ‘‘provide more flexible used for traditional backhaul that only Primary Status to Certain Fixed Links. use of this band,’’ and whether ‘‘such carry narrowband traffic remain § 90.1207 currently provides 4.9 GHz flexibility would come at the expense of secondary and must be licensed licensees with authority to ‘‘operate maintaining adequate spectrum for separately, as specified in § 90.1207(d). base and mobile units (including mission-critical public safety mobile We find that this rule change is portable and handheld units) and operations.’’ consistent with the Commission’s vision operate temporary (1 year or less) fixed Most commenters, including several for the 4.9 GHz band and is supported stations,’’ but not to ‘‘operate permanent public safety organizations, indicate that by public safety commenters. The fixed point-to-point stations.’’ Further, the Commission should clarify its rules Commission endeavored to provide 4.9 § 90.2107 provides that ‘‘[l]icensees to afford primary status to fixed point- GHz band public safety licensees with choosing to operate [permanent fixed to-point and point-to-multipoint links the maximum operational flexibility point-to-point stations] must license operating as part of an integrated 4.9 practicable consistent with its vision for them individually on a site-by-site GHz public safety broadband network. the 4.9 GHz band. We believe that basis’’ and ‘‘will be authorized only on The American Association of State providing primary status for fixed links a secondary, non-interference basis to Highway and Transportation Officials as described above will provide base, mobile and temporary fixed (AASHTO), the Land Mobile additional flexibility for public safety operations.’’ In its petition seeking Communications Council (LMCC), and and thereby lead to expanded use of 4.9 clarifications regarding the 4.9 GHz the National Public Safety GHz broadband networks. Finally, we band rules, M/A–COM states that ‘‘the Telecommunications Council generally find that the rule change addresses Commission did not define * * * [the] support primary status for 4.9 GHz concerns about the uncertainty that allocation status of hot spots or permanent fixed links that deliver secondary status may introduce in 4.9 temporary fixed links, i.e., whether such broadband service. GHz broadband networks utilizing fixed hot spots and links have primary or We find that it is in the public interest point-to-point or point-to-multipoint secondary status, and the Commission’s to clarify whether certain fixed links in links. In sum, we find that this rule part 90 rules do not address the the 4.9 GHz band are primary or change serves the public interest by allocation status of such links.’’ secondary in order to facilitate public encouraging public safety users to more Therefore, M/A–COM states that the safety broadband use of the band and to fully utilize the 4.9 GHz band in support ‘‘present part 90 rules create regulatory minimize confusion in the marketplace. of broadband communications. uncertainty—as they are vague or In this regard, we modify our rules to Next, we address licensing issues for potentially inconsistent with the 4.9 accord primary status to fixed links that primary permanent fixed stations. The GHz Third Report and Order, 68 FR connect 4.9 GHz base and mobile record in this proceeding contains 38635, June 30, 2003—and could stations that are used to deliver support for licensing all permanent discourage public safety users and first broadband service, as well as other fixed stations on an individual, site-by- responders from deploying * * * public safety networks using spectrum site basis. This would ensure that broadband networks.’’ M/A–COM states designated for broadband use. We also adequate data is readily available to that ‘‘public safety users and first accord primary status to stand-alone facilitate interference protection and responders will need integrated permanent fixed 4.9 GHz links that are resolution. Accordingly, we shall networks with scalable network used to deliver broadband service, such license permanent fixed stations, both architectures that allow for dynamic as a fixed video surveillance link used designated as primary or secondary, on routing of traffic over both fixed and to monitor a high-risk target or an individual, site-by-site basis. mobile links,’’ and thus proposes that environment. In contrast, fixed 4.9 GHz However, as we explain in the Further the Commission amend its part 90 rules links that only connect narrowband base Notice of Proposed Rulemaking to ‘‘grant primary status to point-to- stations operating in public safety bands (published elsewhere in this issue) point and point-to-multipoint fixed not designated for broadband (i.e., portion of this document, we have links that are part of a 4.9 GHz public public safety UHF, VHF, narrowband concerns about ensuring interference safety network.’’ M/A–COM adds that 700 MHz, and 800 MHz) to other protection among primary permanent ‘‘the Commission should continue to networks, or serve to backhaul fixed stations, and we tentatively grant secondary status to traditional, narrowband traffic originating from conclude therein that a more formal stand-alone point-to-point links for narrowband base stations, will remain licensee-to-licensee coordination purposes such as backhaul.’’ secondary. We limit primary status to process may be necessary for such The Commission sought comment on fixed links in this manner to preserve stations. Accordingly, until the ‘‘M/A–COM’s proposal to expressly and ensure the use of the 4.9 GHz public Commission resolves a potential new afford primary status to certain safety band in serving broadband needs. coordination requirement, applicants permanent fixed links,’’ while also We believe that proper frequency seeking primary status for 4.9 GHz

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permanent fixed stations must ensure Miscellaneous 4940–4990 MHz Band Other commenters note that search and that they meet the minimum Technical Matter. Motorola believes that rescue operations have experienced requirements of § 90.1209(b). the NPRM contains a typographical similar intolerable interference from Further, we believe it prudent to error in the proposed revision to the text hospital paging operations, or support distinguish between primary permanent of § 90.1215(a). Specifically, Motorola an elimination of paging on certain fixed stations and secondary stations in observes that the text of the proposed shared or mutual aid frequencies that our licensing database. The Commission change to § 90.1215(a) referred to a peak are monitored by public safety and has established station class codes in power spectral density limit of 20 dBm medical personnel. the past to distinguish between per megahertz, rather than 21 dBm per We take seriously the potential for licensees that are subject to different megahertz, which had been the existing interference that may result from paging regulatory requirements on the same set requirement. Motorola urges the operations to two-way public safety of frequencies. Similarly, in this Commission to retain the existing 21 voice communications. However, the instance, establishing a new class code dBm per megahertz limit in order to record demonstrates substantial reliance for primary permanent fixed stations maximize coverage and robustness of by fire and EMS departments on the use will assist interested stakeholders as public safety transmissions. The of paging on VHF frequencies. The well as the Commission’s licensing staff Commission did not intend to propose Commission did not receive any specific to distinguish between primary and a change to the 21 dBm per megahertz reports in the comments that hospital secondary permanent fixed stations. limit, as evidenced by a lack of related paging systems’ disruption of two-way Accordingly, we delegate to the Chief, discussion in the NPRM text. voice communications is a continuing Public Safety and Homeland Security Accordingly, we clarify that we are problem. Accordingly, based on the Bureau, authority to issue a public retaining the existing 21 dBm per record before us, we cannot conclude notice announcing the establishment of megahertz limit. that paging operations conducted on a new 4.9 GHz primary permanent fixed VHF frequencies pursuant to § 90.22, station class code. The public notice Miscellaneous Proposals including on specific mutual aid also will provide licensees holding Part 90 Paging on Public Safety VHF channels, represent an interference risk permanent fixed stations with Frequencies. VHF public safety to VHF public safety frequencies at this instructions for modifying their frequencies (150–174 MHz) are used time. authorizations to reflect the new station primarily for two-way voice In reaching this decision, we note that class code. communications (e.g., mobile dispatch). many of the concerns raised by Measurement Procedures. In the The Commission’s rules, however, also commenters appear to concern paging NPRM, the Commission also proposed, allow for paging operations on these operations permitted under as suggested by M/A–COM, to amend frequencies. As the Commission § 90.20(d)(10), which was not the § 90.1215 to reflect the same observed in the NPRM, experience has subject of the Commission’s inquiry in measurement procedures adopted by the shown that paging and two-way voice the NPRM. In other words, the Commission for devices that use digital operations can generally co-exist on the Commission did not intend to propose modulation techniques and are same channel in the same area without limiting operations conducted by public regulated by part 15 of the rules. interference, provided the paging safety licensees for one-way paging to Specifically, in 2004, the Commission transmissions are infrequent (low traffic ambulance and rescue squad personnel. modified part 15 to permit the volume) and the paging licensee Regardless, we take no action to restrict determination of a device’s output monitors the channels before paging operations in the VHF bands, power by using average power transmitting. Experience also has shown whether conducted pursuant to § 90.22 measurements in addition to the that the potential for paging to interfere or § 90.20(d)(10). The record shows existing peak output power with voice operations tends to increase paging transmissions to be a proven and measurement method. M/A–COM as the amount of paging traffic cost-effective way to recall first proposed replacing the term ‘‘peak increases. responders when emergency incidents transmit power’’ with ‘‘maximum The Commission previously occur. We also find persuasive conducted output power,’’ and adding a expressed concern about the potential comments from the public safety peak excursion ratio limit. These incompatibility between high-volume community that prohibiting or changes would make the measurement paging operations and public safety two- otherwise restricting paging operations procedures in §§ 90.1215 and 15.407(a) way voice communications operating on on VHF public safety frequencies would virtually identical. VHF frequencies. To address the have a disruptive impact on a number We agree with the majority of possibility of interference in these of local communities that currently rely commenters who believe that the situations, the Commission sought heavily on existing VHF paging proposed measurement procedures comment on whether paging operations operations as integral to their public should be adopted to harmonize the conducted pursuant to § 90.22 on VHF safety operations. We are particularly measurement procedures for similar public safety frequencies should be concerned with the potential disruptive unlicensed devices that use digital restricted, especially on those effects that paging restrictions would modulation techniques and operate in frequencies reserved under the rules for have on limiting the availability of nearby frequency bands under part 15. mutual aid/interoperability emergency communications or Given that manufacturers are communications. hampering the ability of public safety considering technologies similar to The majority of commenters entities to provide services in a timely those covered by part 15 for use in the expressed support for continuing to manner to the public. 4.9 GHz band, and because parallel permit paging operations on all VHF Rather than impose restrictions on treatment will speed deployment of new public safety frequencies. They assert paging at this time, we find that technologies in this band for the benefit that restrictions on paging operations on applications for future paging of public safety users, we conclude that VHF public safety frequencies would operations should continue to be measurement procedures under the part result in a significant, negative impact licensed on a case-by-case basis in 15 rules and the 4.9 GHz rules should on the ability of public safety agencies tandem with the frequency coordination be consistent. to provide mission-critical notifications. process. In the absence of a more

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significant likelihood of harmful roads are publicly-owned. Some are the Commission’s definition of public interference involving paging and two- privately-owned, and operate under safety services in other contexts, but way operations, we are not inclined to contracts or similar arrangements with also with the Public Safety Wireless amend our rules where we believe the governmental entities. Because non- Advisory Committee’s definition of existing mechanisms provide adequate governmental entities are ineligible to public safety, reflected in its Final safeguards. We also encourage users of hold authorizations for Public Safety Report. VHF public safety frequencies, Pool frequencies, the NPRM sought including the mutual aid/ comment on whether § 90.20 should be Because state and local public interoperability channels, to develop amended to authorize privately-run agencies share similar responsibilities and rely on frequency sharing and metropolitan transit systems and toll when it comes to safety of life and priority access protocols to facilitate road systems to hold authorizations to protection of property, it is critical that, local and regional emergency use frequencies in the Public Safety especially during times of emergencies, coordination efforts. Pool. the deployment and use of Public Safety While we decline to place new The majority of commenters on this Pool frequencies remain within the restrictions on paging operations on issue state that private operators of control of these public safety agencies. VHF public safety frequencies, transit systems and toll roads should not Control is best assured when such including mutual aid/interoperability be eligible to hold licenses to operate on licenses are held by public safety channels, we remain mindful of the public safety frequencies. For example, eligibles only. The current rule ensures potential for paging transmissions to according to AASHTO, while private that the continuity and expertise cause harmful interference to voice operators of transit systems and toll underlying the coordination and operations. Accordingly, should specific roads should be able to use public safety expansion of public safety instances of paging interference to two- frequencies licensed to governmental communications systems appropriately way voice operations arise on the VHF entities via contractual agreement, remain with a region’s state and local public safety frequencies, including the public safety frequencies must remain agencies. Consistent with the view of mutual aid/interoperability channels, within the control of public entity the majority of commenters on this we retain our discretion to revisit this licensees. LMCC points out that the issue in the future and to take Commission’s rules already allow a issue, we find that the current rule appropriate action as warranted. licensee to designate an agent or third- ensures that a local or State Cross-Banding. Section 90.243(b)(1) party contractor of the licensee as the governmental entity exercises states that ‘‘in the Public Safety Pool, control operator of its station, provided responsibility and accountability for the medical services systems in the 150–160 that the licensee retains ultimate control use of the Public Safety Pool spectrum, MHz band are permitted to be cross- over the use of the spectrum. On the even if the contract with the private banded for mobile and central stations other hand, the U.S. Department of entity either expires or terminates, or if operations with mobile relay stations Transportation observes that, given the the private entity itself ceases to exist by authorized to operate in the 450–470 ‘‘role played and services offered by way of bankruptcy, merger, or other MHz band.’’ Because one could private sector operators of public transit organizational change. We therefore interpret this rule to mean that only systems are indistinguishable from their decline to amend our rules with respect medical services systems are permitted traditional public sector counterparts to Public Safety Pool eligibility. Because to use cross-band repeaters, the NPRM * * * the public or private sector origin we decline to amend § 90.20, we need sought comment on a proposal to of the operator of the affected not address the outstanding issues modify the rule to state specifically that infrastructure is immaterial.’’ raised in the NPRM on this issue cross-band repeaters are permitted for In view of the record before us, we are regarding the administrative criteria to all public safety systems. not persuaded to amend § 90.20 to be used in the event we decided to All commenters who addressed this permit privately-run metropolitan amend the rule. issue agree that § 90.243(b)(1) should be transit systems to be authorized on amended to clarify that cross-band frequencies in the Public Safety Pool. Procedural Matters repeaters are permitted for all public Such an amendment to our rules would Final Regulatory Flexibility Act Analysis safety systems. Because the purpose of undermine the rationale of the the rule is not limited to medical Commission in restricting eligibility to As required by the Regulatory services systems but rather applies to all hold a license in the Public Safety Pool Flexibility Act (RFA), the Commission eligible users of the Public Safety Pool, in the first place. A chief reason for has prepared a Final Regulatory we amend the rule accordingly. In this establishing such eligibility in the first Flexibility Analysis of the possible respect, we ensure that all users of instance was to assure that those public impact of the rule changes contained in public safety systems may confidently safety entities specifically charged with the Report and Order portion of this employ cross-band repeaters and thus the protection of the life and property of Report and Order and Further Notice of enhance communications among public the general public have access to Proposed Rulemaking on small entities. safety agencies operating in various spectrum. frequency bands. The Commission’s other reasons for The Final Regulatory Flexibility Act Transit Systems and Toll Roads. establishing its eligibility requirements analysis is set forth in Appendix D of Under the current rules, only state and in the Public Safety Pool were to the Report and Order and Further local governmental entities are eligible promote interoperability between all Notice of Proposed Rulemaking. The to hold authorizations in the Public entities involved in ensuring the safety Commission’s Consumer Information Safety Pool. Thus, to the extent of life by allowing them to communicate Bureau, Reference Information Center, metropolitan transit systems and toll with one another, and remain consistent will send a copy of this Report and roads are publicly-operated services, with other Commission definitions of Order and Further Notice of Proposed they are eligible to hold authorizations public safety radio services. The Rulemaking, including the Final in the Public Safety Pool. However, the Commission indicated that restricting Regulatory Flexibility Act Analysis, to Commission noted in the NPRM that not Public Safety Pool eligibility in this the Chief Counsel for Advocacy of the all metropolitan transit systems and toll manner was not only consistent with Small Business Administration.

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Final Paperwork Reduction Act of 1995 ■ 2. Section 90.243 is amended by devices using channel bandwidths other Analysis revising paragraph (b)(1) to read as than those listed above are permitted; follows: however, they are limited to peak power This document does not contain new spectral density of 21 dBm/MHz. If or modified information collection(s) § 90.243 Mobile relay stations. transmitting antennas of directional gain subject to the Paperwork Reduction Act * * * * * greater than 9 dBi are used, both the of 1995 (PRA), Public Law 104–13. In (b) * * * maximum conducted output power and addition, therefore, this document does (1) In the Public Safety Pool, systems the peak power spectral density should not contain any new or modified operating on any of the public safety be reduced by the amount in decibels ‘‘information collection burden for frequencies listed in § 90.20(c) are that the directional gain of the antenna small business concerns with fewer than permitted to be cross-banded for mobile exceeds 9 dBi. However, high power 25 employees,’’ pursuant to the Small stations operations with mobile relay Business Paperwork Relief Act of 2002, point-to-point and point-to-multipoint stations where such stations are operations (both fixed and temporary- Public Law 107–198, see 44 U.S.C. authorized. 3506(c)(4). fixed rapid deployment) may employ * * * * * transmitting antennas with directional ■ Congressional Review Act Analysis 3. Section 90.1207 is amended by gain up to 26 dBi without any revising paragraph (d) to read as corresponding reduction in the The Commission will send a copy of follows: this Report and Order and Further maximum conducted output power or Notice of Proposed Rulemaking in a § 90.1207 Licensing. spectral density. Corresponding report to be sent to Congress and the * * * * * reduction in the maximum conducted Government Accountability Office (d) Permanent fixed point-to-point output power and peak power spectral pursuant to the Congressional Review and point-to-multipoint stations in the density should be the amount in Act, see 5 U.S.C. 801(a)(1)(A). 4940–4990 MHz band must be licensed decibels that the directional gain of the individually on a site-by-site basis. Such antenna exceeds 26 dBi. Ordering Clauses fixed stations that connect 4940–4990 (b) Low power devices are also Accordingly, It is ordered, pursuant to MHz band base and mobile stations that limited to a peak power spectral density sections 4(i), 303(r), and 403 of the are used to deliver broadband service, as of 8 dBm per one MHz. Low power Communications Act of 1934, 47 U.S.C. well as other public safety networks devices using channel bandwidths other 154(i), 303(r), and 403, that this Report using spectrum designated for than those listed above are permitted; and Order and Further Notice of broadband use, are accorded primary however, they are limited to a peak Proposed Rulemaking is hereby status. Primary status is also accorded to power spectral density of 8 dBm/MHz. adopted. stand-alone permanent fixed 4940–4990 If transmitting antennas of directional It is further ordered that part 90 of the MHz band links that are used to deliver gain greater than 9 dBi are used, both Commission’s rules is amended as set broadband service. Primary permanent the maximum conducted output power forth in Appendix B of the Report and fixed point-to-point and point-to- and the peak power spectral density Order, and that these rules shall be multipoint stations must use directional should be reduced by the amount in effective June 22, 2009. antennas with gains greater than 9 dBi decibels that the directional gain of the It is further ordered that the up to 26 dBi. Permanent fixed point-to- antenna exceeds 9 dBi. Commission’s Consumer Information point stations that do not meet the (c) The maximum conducted output Bureau, Reference Information Center, criteria for primary status will be power is measured as a conducted authorized only on a secondary, non- shall send a copy of this Report and emission over any interval of interference basis to base, mobile, Order, including the Final Regulatory continuous transmission calibrated in temporary fixed, and primary Flexibility Analysis, to the Chief terms of an RMS-equivalent voltage. If permanent fixed operations. Counsel for Advocacy of the U.S. Small the device cannot be connected directly, ■ 4. Section 90.1215 is amended by Business Administration. alternative techniques acceptable to the revising paragraphs (a), (b) and (c) and Commission may be used. The List of Subjects in 47 CFR Part 90 adding paragraph (e) to read as follows: measurement results shall be properly Communications equipment, Radio. § 90.1215 Power limits. adjusted for any instrument limitations, Federal Communications Commission. * * * * * such as detector response times, limited Marlene H. Dortch, (a)(1) The maximum conducted resolution bandwidth capability when Secretary. output power should not exceed: compared to the emission bandwidth, sensitivity, etc., so as to obtain a true Final Rules maximum conducted output power Low power High power measurement conforming to the ■ maximum For the reasons discussed in the maximum definitions in this paragraph for the Channel bandwidth conducted conducted preamble, the Federal Communications (MHz) output emission in question. Commission amends 47 CFR part 90 as power output power * * * * * follows: (dBm) (dBm) (e) The ratio of the peak excursion of PART 90—PRIVATE LAND MOBILE 1 ...... 7 20 the modulation envelope (measured RADIO SERVICES 5 ...... 14 27 using a peak hold function) to the 10 ...... 17 30 maximum conducted output power ■ 1. The authority citation for part 90 15 ...... 18.8 31.8 shall not exceed 13 dB across any 1 continues to read as follows: 20 ...... 20 33 MHz bandwidth or the emission Sections 4(i), 11, 303(g), 303(r) and bandwidth whichever is less. 332(c)(7) of the Communications Act of 1934, (2) High power devices are also as amended, 47 U.S.C. 154(i), 161, 303(g), limited to a peak power spectral density [FR Doc. E9–11908 Filed 5–20–09; 8:45 am] 303(r) and 332(c)(7). of 21 dBm per one MHz. High power BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 74, No. 97

Thursday, May 21, 2009

This section of the FEDERAL REGISTER ADDRESSES: You may submit comments increasing the energy efficiency of their contains notices to the public of the proposed identified by the RIN number specified homes, while promoting their health issuance of rules and regulations. The in the heading of this notice of proposed and safety. DOE works in partnership purpose of these notices is to give interested rulemaking (NOPR), by any of the with State- and local-level agencies to persons an opportunity to participate in the following methods: implement the Weatherization rule making prior to the adoption of the final • Federal eRulemaking Portal: http:// rules. Assistance Program. DOE’s Project www.regulations.gov. Follow the Management Center awards grants to instructions for submitting comments. State-level agencies, which then • DEPARTMENT OF ENERGY E-mail: [email protected]. contract with subgrantees (e.g., local Include the RIN number in the subject agencies). The subgrantees then provide 10 CFR Part 440 line of the message. weatherization services to eligible low- • Postal Mail: Gil Sperling, U.S. income families. [Docket No. EEWAP0515] Department of Energy, Weatherization In establishing the Weatherization Assistance Program, Mailstop EE–2K, Assistance Program, Congress found RIN 1904–AB–97 1000 Independence Avenue, SW., that ‘‘a fast, cost-effective, and Washington, DC 20585–0121. environmentally sound way to prevent Weatherization Assistance Program for • Hand Delivery/Courier: Gil Low-Income Persons future energy shortages in the United Sperling, U.S. Department of Energy, States while reducing the Nation’s AGENCY: Office of Energy Efficiency and Weatherization Assistance Program, dependence on imported energy Renewable Energy, Department of Room 6050, 1000 Independence supplies is to encourage and facilitate, Energy. Avenue, SW., Washington, DC 20585– through major programs, the 0121. ACTION: Notice of proposed rulemaking, implementation of energy conservation Instructions: All submissions must request for comment. and renewable-resource energy include the agency name and docket measures with respect to dwelling SUMMARY: The U.S. Department of number or Regulatory Information units.’’ (42 U.S.C. 6861(a)(1)) Congress Energy (DOE) is proposing to amend the Number (RIN) for this rulemaking. also recognized that many dwellings eligibility provisions applicable to FOR FURTHER INFORMATION CONTACT: Gil owned or occupied by low-income multi-unit buildings under the Sperling, U.S. Department of Energy, persons are energy inefficient and that Weatherization Assistance Program for Office of Energy Efficiency and low-income persons can least afford to Low-Income Persons. As proposed, if a Renewable Energy, Weatherization make the modifications necessary to multi-unit building is under an assisted Assistance Program, EE–2K, Room 6070, improve the energy efficiency of such or public housing program and is 1000 Independence Avenue, SW., dwellings. (42 U.S.C. 6861(a)(2)(A) and identified by the U.S. Department of Washington, DC 20585–0121, (202) 586– (B)) Additionally, Congress directed that Housing and Urban Development 1510, e-mail: [email protected], States, through Community Action (HUD), and included on a list published or Chris Calamita, U.S. Department of Agencies and units of general purpose by DOE, that building would meet Energy, Office of the General Counsel, local government, should be certain income eligibility requirements, Forrestal Building, GC–72, 1000 encouraged, with Federal financial and and the procedural requirements to Independence Avenue, SW., technical assistance, to develop and protect against rent increases and undue Washington, DC 20585, (202) 586–9507, support coordinated weatherization enhancement of the weatherized e-mail: programs designed to alleviate the building would be satisfied, under the [email protected]. adverse effects of energy costs on low- Weatherization Assistance Program SUPPLEMENTARY INFORMATION: income persons, to supplement other without the need for further evaluation I. Introduction Federal programs serving such low- or verification. If a multi-unit building II. Eligibility Requirements for Multi-unit income persons, and to increase energy includes units that participate in the Buildings efficiency. (42 U.S.C. 6861(a)(4)) Low Income Housing Tax Credit III. HUD Public and Assisted Housing Congress, therefore, stated that the Program, identified by HUD, and Programs purpose of the Weatherization included on a list published by DOE, IV. Low Income Housing Tax Credit Program Assistance Program is to develop and that building would meet the income V. Eligibility of Multi-Unit Buildings implement an assistance program to eligibility requirements of the Identified by HUD VI. Regulatory Analysis increase the energy efficiency of Weatherization Assistance Program VII. Approval of the Office of the Secretary dwellings owned or occupied by low- without the need for further evaluation income persons, reduce their total or verification. DOE believes that the I. Introduction residential energy expenditures, and proposed rule would reduce the Sections 411–418 of the Energy improve their health and safety, procedural burdens on evaluating Conservation and Production Act (Act) especially low-income persons who are applications from buildings that are part established the Weatherization particularly vulnerable such as the of HUD assisted and public housing Assistance Program for Low-Income elderly, the handicapped, and children. programs, and the Federal low-income Persons (Weatherization Assistance (42 U.S.C. 6861(b)) housing tax credit programs. Program). (42 U.S.C. 6861 et seq.) The The Weatherization Assistance DATES: Public comments on this Weatherization Assistance Program Program statute recognizes that single- proposed rule will be accepted until reduces energy costs for low-income family dwelling units are potentially June 22, 2009. persons, families, and households by high energy consuming dwelling units,

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and grantees should consider and certain eligible types of large multi- already has procedures in place for appropriate prioritization for such units. family buildings) of the dwelling units determining such income eligibility. In (42 U.S.C. 6864(b)(2)) The statute also in the building: particular, it may be difficult for a recognizes that in some instances, Æ Are eligible dwelling units, or subgrantee to verify the income of the weatherization efforts under the Æ Will become eligible dwelling units families dwelling in each unit, and that program may be appropriate for within 180 days under a Federal, State, in any event, such income verification buildings in which there are multiple or local government program for likely would be duplicative of income rental units. (42 U.S.C. 6863(b)(5)) rehabilitating the building or making certifications that are already on file similar improvements to the building; with HUD. For some multi-unit II. Eligibility Requirements for Multi- and buildings, the eligibility requirements Unit Buildings • The grantee has established could mean that a subgrantee must In establishing the Weatherization procedures for dwellings which consist confirm the income of a hundred Assistance Program, Congress of a rental unit or rental units to ensure families or more for a single building. In recognized that additional that: addition to the income verification considerations are necessary when Æ The benefits of weatherization required by the subgrantee, evaluating the eligibility of multi-unit assistance in connection with such weatherization of a multi-unit building buildings, as opposed to single family rental units, including units where the requires that the applicable grantee has dwellings. In any case in which a tenants pay for their energy through established procedures for ensuring that person requesting weatherization their rent, will accrue primarily to the the benefits of the weatherization work assistance from a subgrantee for a low-income tenants residing in such accrue primarily to the low-income dwelling that consists of a rental unit or units; tenants, the rent will not increase for a rental units, the State, in implementing Æ For a reasonable period of time reasonable period of time, and no undue its weatherization program, must ensure after weatherization work has been or excessive enhancement occurs to the that— value of the dwelling units. • completed on a dwelling containing a The benefits of weatherization unit occupied by an eligible household, assistance in connection with such III. HUD Public and Assisted Housing the tenants in that unit (including Programs rental units, including units where the households paying for their energy 1 tenants pay for their energy through through their rent) will not be subjected HUD’s Qualified Assisted Housing their rent, will accrue primarily to the to rent increases unless those increases programs generally serve the population low-income tenants residing in such are demonstrably related to matters for which the Weatherization Assistance units; other than the weatherization work Program was established to serve. This • For a reasonable period of time after performed; assisted and public housing portfolio weatherization work has been Æ The enforcement of the rent includes properties that are privately completed on a dwelling containing a increase provision is provided through owned, but receive some form of HUD unit occupied by an eligible household, procedures established by the State by assistance subject to affordability and the tenants in that unit (including which tenants may file complaints, and income requirements. Income targets for households paying for their energy owners, in response to such complaints, HUD programs are set in relationship to through their rent) will not be subjected shall demonstrate that the rent increase a percentage of area median income— to rent increases unless those increases generally, 30 to 80 percent of area are demonstrably related to matters concerned is related to matters other than the weatherization work median income. A review of data from other than the weatherization work HUD programs indicates that a large performed; performed; and Æ No undue or excessive majority of residents in HUD assisted • The enforcement of the rent and public housing would meet the increase provision is provided through enhancement shall occur to the value of the dwelling units. income eligibility requirements of the procedures established by the State by Weatherization Assistance Program. which tenants may file complaints and 10 CFR 440.22(b). An eligible dwelling HUD data show that nationally close to owners, in response to such complaints, unit is one that is occupied by a family 100 percent of residents in these shall demonstrate that the rent increase unit (1) whose income is at or below 200 properties meet the 200 percent income concerned is related to matters other percent of the poverty level, (2) which requirement, far exceeding the 66% than the weatherization work contains a member who has received threshold required under DOE’s performed; and cash assistance payments under certain regulation. 10 CFR 440.22(b)(2). • No undue or excessive Social Security programs, or applicable Moreover, the income verification enhancement will occur to the value of State or local laws at any time during process applicable to the HUD programs such dwelling units. the 12-month period preceding the is rigorous. Under these HUD programs, (42 U.S.C. 6863(b)(5)) determination of eligibility under the HUD assisted housing owners or public DOE provided additional direction Weatherization Assistance Program, or regarding the eligibility of multi-unit (3) if the State elects, is eligible for 1 For the purposes of this proposed rule, buildings in the Weatherization assistance under the Low-Income Home ‘‘Qualified Assisted Housing’’ includes public Energy Assistance Act, provided that housing projects, and assisted housing projects that Assistance Program regulations. Under receive project-based Section 8 assistance, under the DOE regulations a subgrantee may such basis is at least 200 percent of the the U.S. Housing Act of 1937, as amended (42 weatherize a building containing rental poverty level. 10 CFR 440.22(a); See U.S.C. 1437 et seq.) (except projects also benefitting dwelling units using financial assistance also, 42 U.S.C. 6862(7). from assistance under Section 221(d)(3) and (d)(5), and 236 of the National Housing Act (12 U.S.C. for dwelling units eligible for DOE recognizes that determining the 17151(d)(3) and (d)(5), and 12 U.S.C. 1715z–1, weatherization assistance, where: eligibility of multi-unit buildings may respectively)), Supportive Housing for the Elderly • The subgrantee has obtained the present difficulties to subgrantees in projects receiving HUD assistance under section written permission of the owner or his evaluating the income eligibility of 202 of the Housing Act of 1959 (12 U.S.C. 17012), agent; tenants meeting the 200 percent of or Supportive Housing for Persons with Disabilities • under section 811 of the Cranston-Gonzales Not less than 66 percent (50 percent poverty requirement, and that this National Affordable Housing Act, as amended (42 for duplexes and four-unit buildings, difficulty can be overcome where HUD U.S.C. 8013).

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housing authorities must determine required to recertify each low-income processes, discussed previously. Given each participating family’s income household at least annually, within 120 the nature of the data collected by HUD before the family is permitted to move days of the anniversary date of the and the income verification procedures into the assisted housing, and at least occupancy. The allocating agency, employed under these housing annually thereafter. HUD developed and typically a state housing finance agency, programs, DOE proposes that buildings has implemented a sophisticated system is responsible for monitoring identified by HUD as having not less of third-party income verifications, compliance with the provisions during than 66 percent (50 percent for duplexes originally designated as the Upfront the affordability period and must report and four-unit buildings) of dwelling Income Verification (UIV) system, now the results of monitoring to the Internal units occupied by family units whose known as the Enterprise Income Revenue Service. The allocating agency income is at or below 200 percent of the Verification (EIV) system. The EIV is required to perform an on-site poverty level would meet the minimum system, a central repository and source inspection and a review of 20 percent of income eligibility requirements for for income and benefit data, is securely tenant files at least every three years. multi-unit buildings under the accessible over the internet, for use by The LIHTC Program requires a Weatherization Assistance Program. public housing authorities and owners minimum affordability period of 30 DOE requests comments on its or their agents to improve the accuracy years (i.e., a 15-year compliance period proposal that income data collected by of rent and income determinations. and subsequent 15-year extended use HUD under the Qualified Assisted HUD monitors compliance with tenant period). Housing and LIHTC programs would be eligibility requirements on an annual sufficient for the purpose of V. Eligibility of Multi-Unit Buildings basis through management and demonstrating the income requirements Identified by HUD occupancy reviews in addition to the of multi-unit buildings under the submission of tenant data to HUD As indicated previously in this notice, Weatherization Assistance Program. the requirement to demonstrate the payment systems. Tenant eligibility B. Limitations on Rent Increases certifications are required in order for income eligibility of each family living subsidy payments to be authorized. A in a multi-unit building can create a Under the Weatherization Assistance building owner must verify each procedural burden for subgrantees when Program, a grantee must establish family’s income, assets, expenses, and evaluating a request for assistance under procedures that ensure that for a deductions three times: (1) Prior to the Weatherization Assistance Program. reasonable period of time after move-in, (2) as part of the annual Demonstration of the income eligibility weatherization work has been recertification process, and (3) as a of at least 66 percent of the units of a completed on a dwelling containing a result of changes in income allowances, multi-unit building (50 percent for unit occupied by a low-income tenant, or family characteristics reported duplexes and four unit buildings) helps the tenant in that unit will not be between annual re-certifications. ensure that the benefits of weatherizing subjected to rent increases unless those a multi-unit building are realized by increases are demonstrated to be related IV. Low Income Housing Tax Credit low-income tenants, but the necessary to matters other than the weatherization Program income verification may hinder an work performed. 10 CFR 440.22(b)(3)(ii). The Low Income Housing Tax Credit eligibility determination for such The enforcement of this provision is (LIHTC) Program was created by the Tax buildings. provided through procedures Reform Act of 1986 (Pub. L. 99–514), as In an evaluation of its data, including established by the State by which an alternate method of funding housing data generated through the LIHTC tenants may file complaints, and owners for low- and moderate-income Program, HUD has identified buildings in response to such complaints must households, and has been in operation that participate in the Qualified demonstrate that the rent increase since 1987. The LIHTC Program is an Assisted Housing and LIHTC Programs concerned is related to matters other indirect Federal subsidy used to finance that, upon preliminary review by DOE, than the weatherization. 10 CFR the development of affordable rental would meet the income eligibility 440.22(b)(3)(iii). housing for low-income households. To requirements for multi-unit buildings Under the Qualified Assisted Housing be eligible for consideration under the under the Weatherization Assistance programs, tenant rents are capped at LIHTC Program, a proposed project Program, i.e., at least 66 percent of the thirty percent (30 percent) of their must: dwelling units are occupied by family income, so tenants would not be subject • Be a residential rental property. units whose income is at or below 200 to rent increases as a result of the • Commit to one of two possible low- percent of the poverty level. 10 CFR weatherization or otherwise. Although income occupancy threshold 440.22(b)(2). Moreover, DOE has the LIHTC Program provides for rent requirements. determined preliminarily that the control, it is DOE’s understanding that • Restrict rents, including utility procedural requirements under the the program does not have comparable charges, in low-income units. Weatherization Assistance Program to uniform restrictions as under the • Operate under the rent and income protect against rent increases and undue Qualified Assisted Housing programs. restrictions for 30 years or longer, enhancement of the weatherized DOE proposes that the restrictions on pursuant to written agreements with the building would be satisfied for rent for units in buildings participating agency issuing the tax credits. buildings that are in the Qualified in the Qualified Assisted Housing Property owners participating in the Assisted Housing programs identified Programs would provide the assurance LIHTC Program are directed to utilize by HUD. required under the Weatherization the same income verification process set Assistance Program that for a reasonable forth in HUD Handbook 4350.3 REV1, A. Income Eligibility of Multi-Family period of time after weatherization work IRS Code Section 42, and IRS Handbook Buildings is completed on a dwelling occupied by 8823 (Chapter 5), and incorrect As discussed previously, the income a low-income family unit, rent will not eligibility determinations may adversely of the families occupying units in increase. affect the utilization of the tax credits. buildings under the Qualified Assisted DOE requests comments on whether After the initial determination of Housing and LIHTC Programs is subject the Qualified Assisted Housing Program eligibility, owners, or their agents, are to HUD’s rigorous verification sufficiently protects low-income tenants

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from rent increases so as to satisfy the has also tentatively determined that low-income tenants. (42 U.S.C. requirement that grantees under the buildings subject to the LIHTC Program 6863(b)(5)(A); 10 CFR 440.22(b)(3)(i)) Weatherization Assistance Program and that are identified by HUD would Given the variability with how utility establish procedures to protect low- meet the income eligibility requirement savings could be realized by tenants in income tenants against rent increases of the Weatherization Assistance the Qualified Assisted Housing and resulting from the weatherization. Program for determining eligibility of LIHTC Programs, a request for Additionally, DOE requests comments multi-unit buildings. If today’s proposed weatherization of a multi-unit building on its understanding that the LIHTC rule were made final, DOE would post on the list provided by HUD would Program does not offer sufficiently annually a list of such buildings need to demonstrate that the benefits of uniform protections regarding rent provided by HUD. The list would be the weatherization work accrue increases so as to permit DOE to available on the Weatherization Program primarily to the low-income tenants. determine that buildings under the Web site, http://www.eere.energy.gov/ Generally, compliance with the LIHTC Program would meet the rent wip, and would be included in future requirement for the benefits of control requirement of the funding opportunity announcements weatherization to accrue to the low- Weatherization Assistance Program. and program guidance. In evaluating the income tenants can be demonstrated by eligibility of a multi-unit building, C. No Undue or Excess Enhancement reduced utilities costs for the tenant that inclusion on the most recent published result from the weatherization work. Weatherization of a building list of Qualified Assisted Housing Under the Qualified Assisted Housing containing rental units requires that the program buildings would demonstrate programs and the LIHTC Program applicable grantee ensure that no undue that a building meets the income, rent tenants may not directly pay for all or or excessive enhancement would occur control, and no undue or excessive part of their utility bills. In instances in to the value of the dwelling unit. 10 CFR enhancement requirements established which tenants of a building do not 440.22(b)(3)(iv). The expenditures at 10 CFR 440.22(b)(2) and (3)(ii) and directly pay utility costs and have allowed under the Weatherization (iv). Inclusion on the most recent capped rents, the property owner needs Assistance Program help focus published list of LIHTC Program to demonstrate that benefits accrue enhancements on those that provide buildings would demonstrate that a weatherization benefits. For example, building meets the income requirement primarily to the tenant of the repairs to a dwelling unit must be established at 10 CFR 440.22(b)(2). weatherized units other than the benefit necessary to make the installation of Today’s proposed rule is intended to of reduced utility bills. weatherization materials effective. 10 reduce the review and verification that DOE requests comment on how to CFR 440.18(b)(9). Moreover, for a subgrantee must undertake when ensure compliance with the requirement buildings that are in the Qualified evaluating the eligibility of the that benefits of weatherization accrue Assisted Housing Programs, HUD identified buildings. DOE does not primarily to low-income tenants, controls the capital improvements that intend that today’s proposal would including information on procedures may be made. DOE proposes that the make buildings eligible under the that may be used by States and existing limits on permissible work Weatherization Assistance Program that subgrantees to determine that the under the Weatherization Assistance previously were not eligible. The accrual provision is satisfied in the Program and the HUD control of purpose of today’s proposed rule is to context of buildings in the Qualified improvements under the Qualified reduce the burden on States and Assisted Housing programs and LIHTC Assisted Housing programs would subgrantees when evaluating Program. provide the necessary assurances that applicability requirements for which Additionally, today’s proposed rule no undue or excessive enhancement HUD has already collected and verified would not alleviate the need for a will occur as a result of the the necessary data. In the event that a subgrantee to obtain the written weatherization of the buildings subgrantee is presented with a request permission of the owner or the owner’s identified by HUD. for weatherization assistance of a multi- agent or confirm that a dwelling unit is DOE requests comment on whether unit building, the subgrantee, under the not designated for acquisition or HUD control of improvements to proposed rule, would be able to clearance by Federal, State, or local buildings under the Qualified Assisted reference the DOE published list of program within 12 months from the date Housing programs would ensure that no buildings identified by HUD. If the of the weatherization. 10 CFR undue or excessive enhancement would building which is the subject of a 440.22(b)(1) and 440.18(e)(1), occur as a result of weatherization. DOE request were on the most recent list, the respectively. The proposed rule would also requests information on whether subgrantee would not need to undertake not eliminate the ability of States to similar controls may be present under an independent verification of the require financial participation from the LIHTC Program to a degree income of the building tenants. In the building owners (10 CFR 440.22(d)), or sufficient to allow DOE to make a case of buildings on the Qualified other requirements of DOE’s rules. similar finding for the LIHTC Program. Assisted Housing Program list, the Moreover, the proposed rule would not procedures required by the relevant D. Eligibility of Buildings in the HUD impact the prioritization that States and grantee to ensure protection from rent Programs subgrantees rely on in evaluating increases, and ensure that no undue or Based on the preceding discussion, excessive enhancement shall occur, requests for weatherization work. DOE tentatively has determined that would be met. Despite the remaining issues that buildings subject to the Qualified DOE recognizes that if made final, would still need to be addressed when Assisted Housing programs and that are today’s proposal would not address the weatherizing a multi-unit building, if identified by HUD would meet the requirement that, for multi-unit finalized, DOE believes that today’s income eligibility, rent control, and no buildings, a grantee must ensure that the proposal would be an important step in undue or excessive enhancement benefits of weatherizing a building that facilitating the weatherization of requirements of the Weatherization consists of rental units, including rental buildings that participate in the Assistance Program for determining units where the tenant pays for energy Qualified Assisted Housing and LIHTC eligibility of multi-unit buildings. DOE through rent, accrue primarily to the Programs.

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VI. Regulatory Analysis B. Review Under the Regulatory requirements on agencies formulating Flexibility Act and implementing policies or A. Review Under Executive Order 12866 The Regulatory Flexibility Act (5 regulations that pre-empt State law or Today’s proposed rule has been U.S.C. 601 et seq.) requires the that have federalism implications. determined to be an economically preparation of an initial regulatory Agencies are required to examine the constitutional and statutory authority significant regulatory action under flexibility analysis for any rule that by supporting any action that would limit section 3(f)(1) of Executive Order 12866, law must be proposed for public the policymaking discretion of the ‘‘Regulatory Planning and Review,’’ 58 comment, unless the agency certifies States and carefully assess the necessity that the rule, if promulgated, will not FR 51735 (October 4, 1993). for such actions. DOE has examined have a significant economic impact on Accordingly, this action was subject to today’s proposed rule and has a substantial number of small entities. review under that Executive Order by determined that if finalized, it would As required by Executive Order 13272, the Office of Information and Regulatory not pre-empt State law and would not ‘‘Proper Consideration of Small Entities Affairs of the Office of Management and have a substantial direct effect on the in Agency Rulemaking,’’ (67 FR 53461; Budget (OMB). States, on the relationship between the August 16, 2002), DOE published national government and the States, or The American Recovery and procedures and policies on February 19, Reinvestment Act of 2009 (Pub. L. 111– on the distribution of power and 2003, to ensure that the potential responsibilities among the various 5; Recovery Act) provided $5 billion for impacts of its rules on small entities are the Weatherization Assistance Program. levels of government. No further action properly considered during the is required by Executive Order 13132. Funding for grants under the rulemaking process (68 FR 7990). DOE Weatherization Assistance Program at a has made its procedures and policies E. Review Under Executive Order 12988 level greater than $100 million makes available on the Office of General With respect to the review of existing this rulemaking economically Counsel’s Web site: http:// regulations and the promulgation of significant under the Executive Order. www.gc.doe.gov. If finalized, today’s new regulations, section 3(a) of The weatherization grants provided action would revise the eligibility Executive Order 12988, Civil Justice under this program constitute transfer requirements that apply to the Reform, 61 FR 4729 (February 7, 1996), payments. In this case, the payments are administration of the Weatherization imposes on Executive agencies the from the Government to grantees (e.g., Assistance Program grants by grantees general duty to adhere to the following States, units of general purpose of local and subgrantees. Because the matter of requirements: (1) Eliminate drafting today’s action relates to grants, it is not government, and community action errors and ambiguity; (2) write subject to the notice and comment agencies), and the payments do not regulations to minimize litigation; and provisions of the Administrative represent a change in the total resources (3) provide a clear legal standard for Procedure Act. 5 U.S.C. 553(a)(2). affected conduct rather than a general available to society. The grants do Therefore, the analytical requirements standard and promote simplification generate impacts such as weatherization of the Regulatory Flexibility Act do not and burden reduction. The review benefits, however, which are discussed apply. Although DOE is requesting required by sections 3(a) and 3(b) of 2 qualitatively in this proposed rule. See comment, today’s proposed rule on the Executive Order 12988 specifically OMB Circular A–4, at 14, 38 and 46. If eligibility of multi-unit buildings under requires that Executive agencies make today’s proposal is finalized prior to the Weatherization Assistance Program every reasonable effort to ensure that the expenditure of the Recovery Act funds is not subject to any legal requirement regulation: (1) Clearly specifies the pre- by grantees and subgrantees under the to publish a general notice of proposed emptive effect, if any; (2) clearly Weatherization Assistance Program, rulemaking. specifies any effect on existing Federal today’s proposal could impact the C. Review Under the National law or regulation; (3) provides a clear process used by grantees and Environmental Policy Act of 1969 legal standard for affected conduct subgrantees to evaluate applications while promoting simplification and from multi-unit buildings that are part DOE has determined that, if finalized, burden reduction; (4) specifies the of HUD’s Qualified Assisted Housing today’s action is covered under the retroactive effect, if any; (5) adequately and LIHTC Programs for the purpose of Categorical Exclusion found in DOE’s defines key terms; and (6) addresses distributing funds provided under the National Environmental Policy Act other important issues affecting clarity Recovery Act. Such changes in the regulations at paragraph A.6. of and general draftsmanship under any process for application evaluation have Appendix A to subpart D, 10 CFR part guidelines issued by the Attorney the potential to cause a change in the 1021. That Categorical Exclusion General. Section 3(c) of Executive Order distribution of Recovery Act funding, applies to rulemakings that are strictly 12988 requires Executive agencies to procedural, such as rulemaking which may constitute a transfer between review regulations in light of applicable establishing the administration of different non-Federal entities. Such standards in sections 3(a) and 3(b) to grants. Today’s proposal would amend impacts would also be a consideration determine whether they are met or it is the eligibility provisions for multi-unit unreasonable to meet one or more of when categorizing this rulemaking buildings under the Weatherization under EO 12866. them. Assistance Program. The regulations DOE has completed the required would not have direct environmental review and determined that, to the 2 It is important to note that rules that transfer impacts. Accordingly, DOE has not Federal dollars often have opportunity costs or extent permitted by law, today’s action benefits in addition to the budgetary dollars spent prepared an environmental assessment meets the relevant standards of because they can affect incentives, and thus lead to or an environmental impact statement. Executive Order 12988. changes in the way people behave (e.g., in their investment decisions). For example, OMB Circular D. Review Under Executive Order F. Review Under the Unfunded A–94 suggests that transfers that result from 13132, ‘‘Federalism’’ Mandates Reform Act of 1995 increased taxes may be associated with a marginal excess burden (deadweight loss) of 25 cents per Executive Order 13132, 64 FR 43255 The Unfunded Mandates Reform Act dollar of Federal revenue collected (p. 12). (August 4, 1999), imposes certain of 1995 (Pub. L. 104–4) generally

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requires Federal agencies to examine public under guidelines established by Order 13175. Today’s regulatory action closely the impacts of regulatory actions each agency pursuant to general amends the eligibility provisions on State, local, and tribal governments. guidelines issued by OMB. OMB’s applicable to multi-unit buildings under Subsection 101(5) of Title I of that law guidelines were published at 67 FR the Weatherization Assistance Program. defines a Federal intergovernmental 8452 (February 22, 2002), and DOE’s DOE has reviewed today’s action under mandate to include any regulation that guidelines were published at 67 FR Executive Order 13175 and has would impose upon State, local, or 62446 (October 7, 2002). DOE has determined that it is consistent with tribal governments an enforceable duty, reviewed today’s rule under the OMB applicable policies of that Executive except a condition of Federal assistance and DOE guidelines and has concluded Order. or a duty arising from participating in a that it is consistent with applicable voluntary Federal program. Title II of policies in those guidelines. VI. Approval of the Office of the that law requires each Federal agency to Secretary I. Review Under Executive Order 13211 assess the effects of Federal regulatory The Secretary of Energy has approved actions on State, local, and tribal Executive Order 13211, ‘‘Actions publication of today’s notice of governments, in the aggregate, or to the Concerning Regulations That proposed rulemaking. private sector, other than to the extent Significantly Affect Energy Supply, such actions merely incorporate Distribution, or Use,’’ 66 FR 28355 (May List of Subjects in 10 CFR Part 440 22, 2001), requires Federal agencies to requirements specifically set forth in a Administrative practice and prepare and submit to the OMB a statute. Section 202 of that title requires procedure, Aged, Energy conservation, Statement of Energy Effects for any a Federal agency to perform a detailed Grant programs—energy, Grant proposed significant energy action. A assessment of the anticipated costs and programs—housing and community ‘‘significant energy action’’ is defined as benefits of any rule that includes a development, Housing standards, any action by an agency that Federal mandate which may result in Indians, Individuals with disabilities, costs to State, local, or tribal promulgated or is expected to lead to promulgation of a final rule, and that: Reporting and recordkeeping governments, or to the private sector, of requirements, Weatherization. $100 million or more. Section 204 of (1) Is a significant regulatory action that title requires each agency that under Executive Order 12866, or any Issued in Washington, DC, on May 15, proposes a rule containing a significant successor order; and (2) is likely to have 2009. Federal intergovernmental mandate to a significant adverse effect on the Steven G. Chalk, develop an effective process for supply, distribution, or use of energy, or Principal Deputy Assistant Secretary, Energy obtaining meaningful and timely input (3) is designated by the Administrator of Efficiency and Renewable Energy. from elected officers of State, local, and the Office of Information and Regulatory For the reasons set forth in the tribal governments. Affairs (OIRA) as a significant energy preamble, DOE proposes to amend part If made final, today’s proposed rule action. For any proposed significant 440 of chapter II of title 10, Code of would not impose a Federal mandate on energy action, the agency must give a Federal Regulations to read as follows: State, local or tribal governments, and it detailed statement of any adverse effects would not result in the expenditure by on energy supply, distribution, or use, PART 440—WEATHERIZATION State, local, and tribal governments in should the proposal be implemented, ASSISTANCE PROGRAM FOR LOW- the aggregate, or by the private sector, of and of reasonable alternatives to the INCOME PERSONS $100 million or more in any one year. action and their expected benefits on Accordingly, no assessment or analysis energy supply, distribution, and use. 1. The authority citation for part 440 is required under the Unfunded Today’s regulatory action, if finalized, continues to read as follows: Mandates Reform Act of 1995. would not have a significant adverse Authority: 42 U.S.C. 6861 et seq.; 42 U.S.C. effect on the supply, distribution, or use 7101 et seq. G. Review Under the Treasury and of energy and is therefore not a General Government Appropriations significant energy action. Accordingly, § 440.22 Eligible dwelling units. Act of 1999 DOE has not prepared a Statement of 2. Section 440.22 is amended by Section 654 of the Treasury and Energy Effects. adding paragraph (b)(4) to read as General Government Appropriations J. Review Under Executive Order 13175 follows: Act of 1999 (Pub. L. 105–277) requires * * * * * Federal agencies to issue a Family Executive Order 13175. ‘‘Consultation (b) * * * Policymaking Assessment for any rule and Coordination with Indian Tribal that may affect family well-being. If Governments’’ (65 FR 67249; November (4)(i) A building containing rental made final, today’s proposed rule would 9, 2000), requires DOE to develop an dwelling units meets the requirements not have any impact on the autonomy accountable process to ensure of paragraph (b)(2) and paragraphs or integrity of the family as an ‘‘meaningful and timely input by tribal (b)(3)(ii) and (b)(3)(iv), of this section if institution. Accordingly, DOE has officials in the development of it is included on the most recent list concluded that it is not necessary to regulatory policies that have tribal posted by DOE of Qualified Assisted prepare a Family Policymaking implications.’’ ‘‘Policies that have tribal Housing and Public Housing buildings Assessment. implications’’ refers to regulations that identified by the U.S. Department of have ‘‘substantial direct effects on one Housing and Urban Development as H. Review Under the Treasury and or more Indian tribes, on the meeting those requirements. General Government Appropriations relationship between the Federal (ii) A building containing rental Act of 2001 Government and Indian tribes, or on the dwelling units meets the requirement of Section 515 of the Treasury and distribution of power and paragraph (b)(2) of this section if it is General Government Appropriations responsibilities between the Federal included on the most recent list posted Act, 2001 (44 U.S.C. 3516, note) Government and Indian tribes.’’ Today’s by DOE of Low Income Housing Tax provides for agencies to review most regulatory action is not a policy that has Credit buildings identified by the U.S. disseminations of information to the ‘‘tribal implications’’ under Executive Department of Housing and Urban

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Development as meeting that offered by the Department that may projects involving jurisdictional requirement. supply up to 50 percent of the funding facilities, provided that certain * * * * * for certain Smart Grid projects. In showings are made.8 The Commission [FR Doc. E9–11890 Filed 5–20–09; 8:45 am] addition, the Department plans to specifically noted that, ‘‘[w]e would also require applicants to identify the source consider applying these rate treatments BILLING CODE 6450–01–P of non-Department funds, along with to the portion of a smart grid pilot or some evidence as to the certainty of demonstration project’s cost that is not DEPARTMENT OF ENERGY these funds. Given that applicants for already paid for by Department of these programs might include Energy funds, such as those authorized Federal Energy Regulatory jurisdictional public utilities that seek by EISA sections 1304 and 1306.’’ 9 Commission rate recovery through FERC- 4. Subsequent to the Commission’s jurisdictional rates for the non- issuance of the Proposed Policy 18 CFR Chapter I Department portion of funds for Statement, the Department released two transmission-related projects, the documents relative to forthcoming [Docket No. PL09–4–000] Commission seeks supplemental solicitations for applications for Smart Smart Grid Policy; Notice Requesting comments on this matter. Grid funding; one of these solicitations was authorized by EISA section 1304, Supplemental Comments I. Background and one authorized by EISA section Issued May 19, 2009. 2. In the Energy Independence and 1306.10 2 AGENCY: Federal Energy Regulatory Security Act of 2007 (EISA), Congress 5. In the Notice of Intent, electric Commission. enacted a number of provisions related utilities are specifically identified as a to Smart Grid. Section 1301 of the EISA ACTION: Request for supplemental category of eligible bidders. While the states that it is the policy of the United comments. Notice of Intent does not specifically States to support the modernization of require that an applying electric utility SUMMARY: On March 19, 2009, the the Nation’s electricity transmission and get approval from a regulatory Federal Energy Regulatory Commission distribution system to maintain a commission for non-Federal funds, the (Commission) issued a Proposed Policy reliable and secure electricity document could be read as indicating a Statement and Action Plan (Proposed infrastructure that can meet future preference for such approval.11 Policy Statement) that, among other demand growth and to achieve each of 6. The Draft Funding Opportunity things, proposed an interim rate policy several goals and characteristics, which Announcement does not explicitly to encourage the development of smart together characterize a Smart Grid.3 address regulatory approvals, but does grid systems. In this notice, the EISA authorizes the Department to carry instruct applicants to submit a funding Commission seeks supplemental out two separate funding programs for plan that identifies all sources of project comments regarding rate recovery for Smart Grid projects: (1) Providing up to funds, and directs applicants to include certain smart grid investments. 50 percent of the cost of certain a commitment letter from third parties demonstration projects, as described in DATES: Comments are due May 28, 2009. providing a specific minimum dollar section 1304; 4 and (2) providing federal amount of cost sharing.12 For public FOR FURTHER INFORMATION CONTACT: matching funds for Smart Grid utilities that plan to match the Federal Ray Palmer (Technical Information), investment costs, as described in section funds with charges to ratepayers, it is Office of Energy Policy and 1306.5 EISA also directed the possible that public utilities may seek to Innovation, Federal Energy Regulatory development of a framework of obtain an order addressing rate recovery Commission, 888 First Street, NE., protocols and standards to achieve from this Commission for charges Washington, DC 20426, (202) 502– interoperability of Smart Grid devices subject to this Commission’s 6569. and systems, which was described in jurisdiction. Elizabeth Arnold (Legal Information), detail in the Proposed Policy Statement, Office of the General Counsel, Federal and in which the Commission plays a II. Request for Comments Energy Regulatory Commission, 888 role.6 7. Given the requirements for First Street, NE., Washington, DC 3. In the Proposed Policy Statement, potential applications by public utilities 20426, (202) 502–8818. the Commission proposed an interim SUPPLEMENTARY INFORMATION: rate policy for Smart Grid investments, 8 Proposed Policy Statement, 126 FERC ¶ 61,253 1. On March 19, 2009, the Federal intended to encourage investment in at P 46. The Commission also discussed other rate Energy Regulatory Commission technologies that advance efficiency, treatments. Id. P 51–52. security, reliability and interoperability. 9 Id. P 52 (footnote omitted). (Commission) issued a Proposed Policy 10 For the section 1304 program, the Department’s Statement and Action Plan (Proposed Specifically, the Commission proposed National Energy Technology Laboratory issued a Policy Statement) that, among other to accept single-issue rate filings Draft Funding Opportunity Announcement things, proposed an interim rate policy submitted by public utilities under numbered DE–FOA–0000036 on April 16, 2009 section 205 of the Federal Power Act 7 (Draft Funding Opportunity Announcement). For to encourage the development of Smart the section 1306 program, the Department’s Office Grid systems.1 Subsequent to the to recover the costs of Smart Grid of Energy Delivery and Electric Reliability issued a Commission’s issuance of the Proposed Notice of Intent to Issue a Funding Opportunity Policy Statement, the U.S. Department 2 Public Law No. 110–140, 121 Stat. 1492 (2007). Announcement numbered DE–FOA–0000058A on 3 of Energy (Department) announced two EISA sec. 1301, to be codified at 15 U.S.C. April 16, 2009 (Notice of Intent). 17381. 11 The Notice of Intent states that the evaluation Smart Grid funding opportunities to be 4 To be codified at 42 U.S.C. 17384, as amended of proposals will include ‘‘* * * the likelihood that by the American Recovery and Reinvestment Act of the proposed work can be accomplished * * * with 1 Smart Grid Policy, 126 FERC ¶ 61,253 (2009). As 2009, Public Law No. 111–5, Title IV, Subpart A additional merit given to applications that * * * the Proposed Policy Statement described, Smart (ARRA). [o]ffer the greatest extent of institutional and Grid advancements will apply digital technologies 5 To be codified at 42 U.S.C. 17386, as amended organizational commitment with consideration to the electric transmission system and enable real- by the ARRA. given to: * * * [r]equired approvals from regulatory time coordination of information from various 6 See Proposed Policy Statement, 126 FERC organizations.’’ Notice of Intent at 12–13. resources to bring new efficiencies to the grid. ¶ 61,253 at P 7–8. 12 Draft Funding Opportunity Announcement at Id. P 1. 7 16 U.S.C. 824d. 32–33.

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to the two Department programs DEPARTMENT OF LABOR The Office of Labor-Management referenced above, the Commission seeks Standards (OLMS) recommends that comments on how it should address Office of Labor-Management you confirm receipt of your delivered requests for rate recovery that may be Standards comments by contacting (202) 693–0123 necessary for public utilities to qualify (this is not a toll-free number). for awards under these programs. We 29 CFR Parts 403 and 408 Individuals with hearing impairments may call (800) 877–8339 (TTY/TDD). also seek comment on whether some RIN 1215–AB62 form of conditional approval could be Only those comments submitted useful to public utility applicants with Labor Organization Annual Reports through http://www.regulations.gov, respect to jurisdictional Smart Grid hand-delivered, or mailed will be AGENCY: Office of Labor-Management facilities. The Commission invites accepted. Comments will be available Standards, Employment Standards comments on whether the Commission, for public inspection at http:// Administration, Department of Labor. www.regulations.gov and during normal consistent with its obligations to ensure ACTION: Proposed rule; extension of business hours at the above address. just and reasonable rates under the comment period. FOR FURTHER INFORMATION CONTACT: Federal Power Act (FPA), should adopt Denise M. Boucher, Director, Office of processes for public utilities that may SUMMARY: This document extends the Policy, Reports and Disclosure, Office of apply for funding for jurisdictional period for comments on the proposed Labor-Management Standards, Smart Grid facilities through the rule published on April 21, 2009 (74 FR Employment Standards Administration, Department’s Smart Grid funding 18172). The proposed rule would U.S. Department of Labor, 200 opportunities. rescind the regulations published on Constitution Avenue, NW., Room N– January 21, 2009 (74 FR 3677), which III. Document Availability 5609, Washington, DC 20210, (202) 693– made several revisions to the current 1185 (this is not a toll-free number), 8. In addition to publishing the full Form LM–2, which is used by the (800) 877–8339 (TTY/TDD). largest labor organizations to file their text of this document in the Federal SUPPLEMENTARY INFORMATION: In the annual financial reports under the Register, the Commission provides all Federal Register of April 21, 2009 (74 Labor-Management Reporting and interested persons an opportunity to FR 18172), the Department published a Disclosure Act of 1959, as amended, and view and/or print the contents of this notice of proposed rulemaking that established a procedure by which the document via the Internet through would rescind the regulations published Secretary of Labor may revoke, under FERC’s Home Page (http://www.ferc.gov) on January 21, 2009 (74 FR 3678). certain circumstances, a particular labor and in FERC’s Public Reference Room Interested persons were invited to organization’s authorization to file a submit comments on or before May 21, during normal business hours (8:30 a.m. simplified annual report, Form LM–3. 2009, 30 days after the publication of to 5 p.m. Eastern time) at 888 First The comment period, which was to the notice. Street, NE., Room 2A, Washington, DC expire on May 21, 2009, is extended to Public commenters have requested an 20426. June 22, 2009. extension of time to submit comments. 9. From FERC’s Home Page on the DATES: Comments on the proposed rule The Department has decided to extend Internet, this information is available on published on April 21, 2009 (74 FR the comment period until June 22, 2009. eLibrary. The full text of this document 18172) must be received on or before An extension of this duration is is available on eLibrary in PDF and June 22, 2009. appropriate because it will afford parties Microsoft Word format for viewing, ADDRESSES: You may submit comments, additional time to submit comments on printing, and/or downloading. To access identified by RIN 1215–AB62, only by the proposal without unduly delaying this document in eLibrary, type the the following methods: final action on the proposal. In the docket number excluding the last three Internet—Federal eRulemaking Portal. rulemaking that led to promulgation of digits of this document in the docket Electronic comments may be submitted the January 21 regulations, the number field. through http://www.regulations.gov. To Department provided an initial 45 day 10. User assistance is available for locate the proposed rule, use key words comment period (73 FR 27346) that was eLibrary and the FERC’s Web site during such as ‘‘Labor-Management Standards’’ later extended 15 additional days after normal business hours from FERC or ‘‘Labor Organization Annual requests for an extension (73 FR 34913). Online Support at 202–502–6652 (toll Financial Reports’’ to search documents The extension of the comment period accepting comments. Follow the free at 1–866–208–3676) or e-mail at for the April 21 notice of proposed instructions for submitting comments. rulemaking to June 22 adds 32 days to [email protected], or the Please be advised that comments the initial 30 day comment period. Public Reference Room at (202) 502– received will be posted without change The proposed rule to rescind the 8371, TTY (202) 502–8659. E-mail the to http://www.regulations.gov, including regulations published on January 21, Public Reference Room at any personal information provided. 2009 is available on the Web site [email protected]. Delivery: Comments should be sent to: maintained by OLMS at http:// By the Commission. Denise M. Boucher, Director of the www.olms.dol.gov. Anyone who is Kimberly D. Bose, Office of Policy, Reports and Disclosure, unable to access this information on the Secretary. Office of Labor-Management Standards, Internet can obtain the information by U.S. Department of Labor, 200 contacting the Employment Standards [FR Doc. E9–12029 Filed 5–20–09; 8:45 am] Constitution Avenue, NW., Room N– Administration at 200 Constitution BILLING CODE 6717–01–P 5609, Washington, DC 20210. Because Avenue, NW., Room N–5609, of security precautions the Department Washington, DC 20210, at olms- continues to experience delays in U.S. [email protected] or at (202) 693–0123 mail delivery. You should take this into (this is not a toll-free number). consideration when preparing to meet Individuals with hearing impairments the deadline for submitting comments. may call 1–800–877–8339 (TTY/TDD).

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Signed at Washington, DC, this 15th day of OAR–2006–0649,’’ by one of the about EPA’s public docket visit the EPA May 2009. following methods: Docket Center homepage at http:// Shelby Hallmark, 1. http://www.regulations.gov: Follow www.epa.gov/epahome/dockets.htm. Acting Assistant Secretary for Employment the on-line instructions for submitting Docket: All documents in the Standards. comments. electronic docket are listed in the 2. E-mail: [email protected]. http://www.regulations.gov index. Andrew Auerbach, 3. Fax: 404–562–9019. Although listed in the index, some Deputy Director, Office of Labor-Management 4. Mail: ‘‘EPA–R04–OAR–2006– information is not publicly available, Standards. 0649,’’ Regulatory Development Section, i.e., CBI or other information whose [FR Doc. E9–11813 Filed 5–20–09; 8:45 am] Air Planning Branch, Air, Pesticides and disclosure is restricted by statute. BILLING CODE 4510–CP–P Toxics Management Division, U.S. Certain other material, such as Environmental Protection Agency, copyrighted material, is not placed on Region 4, 61 Forsyth Street, SW., the Internet and will be publicly ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. available only in hard copy form. 5. Hand Delivery or Courier: Ms. AGENCY Publicly available docket materials are Lynorae Benjamin, Chief, Regulatory available either electronically in http:// 40 CFR Part 52 Development Section, Air Planning www.regulations.gov or in hard copy at Branch, Air, Pesticides and Toxics the Regulatory Development Section, [EPA–R04–OAR–2006–0649–200749; FRL– Management Division, 12th floor, U.S. Air Planning Branch, Air, Pesticides and 8909–1] Environmental Protection Agency, Toxics Management Division, U.S. Region 4, 61 Forsyth Street, SW., Environmental Protection Agency, Approval and Promulgation of Atlanta, Georgia 30303–8960. Such Region 4, 61 Forsyth Street, SW., Implementation Plans Georgia: deliveries are only accepted during the Atlanta, Georgia 30303–8960. EPA Revisions to State Implementation Regional Office’s normal hours of requests that if at all possible, you Plan operation. The Regional Office’s official contact the person listed in the FOR hours of business are Monday through AGENCY: Environmental Protection FURTHER INFORMATION CONTACT section to Friday, 8:30 to 4:30, excluding federal Agency (EPA). schedule your inspection. The Regional holidays. ACTION: Proposed rule. Instructions: Direct your comments to Office’s official hours of business are Docket ID No. ‘‘EPA–R04–OAR–2006– Monday through Friday, 8:30 to 4:30, SUMMARY: EPA is proposing to approve 0649.’’ EPA’s policy is that all excluding federal holidays. revisions to the Georgia State comments received will be included in FOR FURTHER INFORMATION CONTACT: Ms. Implementation Plan (SIP), submitted the public docket without change and Stacy Harder, Regulatory Development by the Georgia Environmental may be made available online at Section, Air Planning Branch, Air, Protection Division (GA EPD) in three http://www.regulations.gov, including Pesticides and Toxics Management submittals dated October 31, 2006, any personal information provided, Division, U.S. Environmental Protection March 5, 2007, and August 22, 2007. unless the comment includes Agency, Region 4, 61 Forsyth Street, The submittals include modifications to information claimed to be Confidential SW., Atlanta, Georgia 30303–8960. The Georgia’s Rules for Air Quality Control, Business Information (CBI) or other telephone number is (404) 562–9042. Chapter 391–3–1. The October 31, 2006, information whose disclosure is Ms. Harder can also be reached via revision includes changes to ‘‘Permit restricted by statute. Do not submit electronic mail at [email protected]. Exemption for Combustion Equipment.’’ through http://www.regulations.gov or Table of Contents The March 5, 2007, revisions include e-mail, information that you consider to changes to ‘‘NOX (Nitrogen Oxides) I. EPA’s Action be CBI or otherwise protected. The II. Analysis of Georgia’s Submittals Emissions from Electric Utility Steam http://www.regulations.gov Web site is Generating Units,’’ and ‘‘Emission III. Proposed Action an ‘‘anonymous access’’ system, which IV. Statutory and Executive Order Reviews Statements.’’ Finally, the August 22, means EPA will not know your identity SUPPLEMENTARY INFORMATION: 2007, submittal contains revisions to or contact information unless you ‘‘Volatile Organic Compound,’’ provide it in the body of your comment. I. EPA’s Action ‘‘Provisions,’’ and ‘‘Stationary Engines.’’ If you send an e-mail comment directly On October 31, 2006, March 5, 2007, EPA is not acting on the August 22, to EPA without going through http:// and August 22, 2007, GA EPD submitted 2007, revisions to rule 391–3–1–.03(6) www.regulations.gov, your e-mail proposed SIP revisions to EPA for ‘‘Exemptions, Combustion Equipment’’ address will be automatically captured review and approval into the Georgia in this action. EPA is also not acting on and included as part of the comment SIP. The rules became state effective on the August 22, 2007, revisions to rule that is placed in the public docket and April 19, 2006, March 12, 2007, and July 391–3–1–.03(9), as it is not part of the made available on the Internet. If you 25, 2007, respectively. The revisions federally-approved SIP. These submit an electronic comment, EPA include changes made by the State of submittals included revisions to recommends that you include your Georgia to Chapter 391–3–1. Georgia’s Prevention of Signification name and other contact information in Specifically, the October 31, 2006, Deterioration and Nonattainment New the body of your comment and with any revision includes changes to Rule 391– Source Review programs, which EPA disk or CD–ROM you submit. If EPA 3–1–.03(6)(b) ‘‘Permit Exemption for addressed in a separate action (73 FR cannot read your comment due to Combustion Equipment.’’ The March 5, 51606). This action is being taken technical difficulties and cannot contact 2007, revisions include changes to Rules pursuant to section 110 of the Clean Air you for clarification, EPA may not be 391–3–1–.02(2)(jjj) ‘‘NOX Emissions Act (CAA). able to consider your comment. from Electric Utility Steam Generating DATES: Written comments must be Electronic files should avoid the use of Units,’’ and 391–3–1–.02(6)(a)4 received on or before June 22, 2009. special characters, any form of ‘‘Emission Statements.’’ Finally, the ADDRESSES: Submit your comments, encryption, and be free of any defects or August 22, 2007, submittal contains identified by Docket ID No. ‘‘EPA–R04– viruses. For additional information revisions to Rules 391–3–1–.01(llll)

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‘‘Volatile Organic Compound,’’ 391–3– as part of the Macon, Georgia, 8-hour atmosphere. VOCs are those compounds 1–.02 ‘‘Provisions,’’ and 391–3–1– ozone maintenance plan (72 FR 53432). of carbon (excluding carbon monoxide, .03(6)(b)11 ‘‘Stationary Engines.’’ EPA is Subparagraph 4 specifies that the carbon dioxide, carbonic acid, metallic now proposing to approve these previous NOX emissions limit of 0.20 lb/ carbides, or carbonates, and ammonium revisions. The revisions summarized MMBtu was effective through carbonate) which form ozone through below are approvable pursuant to September 30, 2006. Subparagraph 5, atmospheric photochemical reactions. section 110 of the CAA. which was effective May 1, 2007, lowers Compounds of carbon (or organic EPA is not acting on the August 22, the existing 7-plant emission limit to compounds) have different levels of 2007, revisions to rule 391–3–1–.03(6) 0.18 lb/MMBtu, to account for lower reactivity; they do not react at the same ‘‘Exemptions, Combustion Equipment’’ NOX emissions from Plant Scherer. The speed, or do not form ozone to the same in this action. Additionally, EPA is not requirements of subparagraphs 4 and 5 extent. acting on the August 22, 2007, revisions apply to all sources located in Bartow, It has been EPA’s policy that to rule 391–3–1–.03(9), as it is not part Cherokee, Clayton, Cobb, Coweta, compounds of carbon with a negligible of the federally-approved SIP. DeKalb, Douglas, Fayette, Floyd, level of reactivity need not be regulated Forsyth, Fulton, Gwinnett, Heard, II. Analysis of Georgia’s Submittals to reduce ozone (42 FR 35314, July 8, Henry, Monroe, Paulding, Putnam, and 1977). EPA determines whether a given October 31, 2006, Submittal Rockdale Counties. carbon compound has ‘‘negligible’’ Subparagraph 6 establishes an ozone Rule 391–3–1–.03(6)(b), ‘‘Permit reactivity by comparing the compound’s season NO emission limit of 0.17 lb/ Exemption for Combustion Equipment’’ X reactivity to the reactivity of ethane. MMBtu for Georgia Power’s Plant This revision adds two new Scherer, located in Monroe County. The EPA lists these compounds in its subparagraphs, (b)14 and 15, for the requirements in subparagraph 6 apply to regulations at 40 CFR 51.100(s), and purpose of exempting temporary boilers sources located in Monroe County. excludes them from the definition of and electric generators that are used to These revisions also establish an ozone VOC. The chemicals on this list are often called ‘‘negligibly reactive.’’ EPA replace a facility’s boilers or generators season NOX emissions limit for Georgia during periods of repair or maintenance, Power’s Plant Scherer, which is located may periodically revise the list of from the requirement to obtain a permit. in the Macon area, and also contributes negligibly reactive compounds to add Fuel-burning equipment that remains at to ozone levels in the Atlanta compounds to or delete them from the a location for more than 180 consecutive nonattainment area. list. GA EPD’s revision modified the days is no longer considered to be a definition of VOC to exclude: temporary boiler. Temporary fuel- Rule 391–3–1–.02(6)(a)4, ‘‘Emission 1,1,1,2,2,3,4,5,5,5-decafluoro-3- burning equipment that replaces Statements’’ methoxy-4-trifluoromethylpentane. temporary equipment at a location to The revision amends subparagraph This revision updates the definition of perform the same function will be (a)4 to revise the emission statement VOC, to comply with the Federal list of included in calculating the total requirements to be consistent with the compounds designated as having consecutive time period. This revision Federal regulations for 8-hour ozone negligible photochemical reactivity. provides language stating the exemption nonattainment areas. The Emission is permissible ‘‘provided the actual and Statement deadline is changed from July Rule 391–3–1–.02, ‘‘Provisions’’ potential emissions of the temporary 31st to June 15th of each calendar year. GA EPD is revising paragraph (12) sources do not exceed that of the main Additionally, applicability of the ‘‘Clean Air Interstate Rule NOX Annual source.’’ This rule revision is meant to requirements is expanded to include the Trading Program,’’ by deleting streamline the permitting process for counties of Barrow, Bartow, Carroll, inadvertent references and inserting the certain operators, and no longer requires Hall, Newton, Spalding and Walton, correct references in subparagraphs stationary sources that install temporary which are parts of the Atlanta 8-hour (f)3(iii), (g)1(i) and (g)1(ii). The rule is boilers and electric generators to obtain ozone nonattainment area. The basis of being revised to correct cross-references. a permit for the temporary equipment this rule is to require submission of NOX Subparagraph (f)3(iii) inadvertently operated during periods of maintenance and volatile organic compounds (VOC) references the wrong subparagraphs for or repair. emissions inventories for sources determining the control period for located in the Atlanta ozone non- March 5, 2007, Submittal baseline heat input for NOX allocations. attainment area. The purpose of the Revisions to subparagraph (f)3(iii) Rule 391–3–1–.02(2)(jjj), ‘‘NOX revision is to make the rule consistent updates the reference to subparagraph Emissions from Electric Utility Steam with current federal regulations for 8- (f)2(i) and (ii), and (f)2.(iii) with Generating Units’’ hour ozone nonattainment areas. references to subparagraphs (f)3.(i) and The revision amends NOX emission August 22, 2007, Submittal (ii), and (f)3.(i) through (f)3.(ii), limits in subparagraphs (jjj)4.,5.,6.,7., respectively. Subparagraphs (g)1.(i) and and 8., for coal-fired electric utility Rule 391–3–1–.01(llll), ‘‘Volatile (ii) are amended to be consistent with steam generating units with a maximum Organic Compound’’ the changes to subparagraph (f)3.(iii) heat input greater than 250 Million The revision submitted by GA EPD above, as well as to add a wording British thermal units per hour (MMBtu/ adds one compound to the list of those change to clarify the control period. hr). The limit is based on a 30-day excluded from the definition of VOC, on Specifically, the reference in rolling average (averaged over all the basis that the compound makes a subparagraph (g)1.(i) currently stated as existing units) and was effective at the negligible contribution to ozone ‘‘(f)2. through (f)3.,’’ is updated to beginning of the 2007 ozone season, formation. Tropospheric ozone, correctly read ‘‘(f)1.(i).’’ The current which runs from May 1st through commonly known as smog, occurs when reference in (g)1.(ii) to subparagraph September 30th in Georgia. Consistent VOCs and NOX react in the atmosphere. (f)2. through (f)3 is also revised to with the existing regulation, unit- Because of the harmful health effects of ‘‘(f)1.(ii).’’ Additionally, the words ‘‘that specific NOX limits are to be established ozone, EPA limits the amount of VOCs is four years’’ are added to describe the in a permit. This limit is also included and NOX that can be released into the control period in subparagraph (g)1.(ii).

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Rule 391–3–1–.03(6)(b)11, ‘‘Stationary Act of 1995 (15 U.S.C. 272 note) because ADDRESSES: You may submit comments, Engines’’ application of those requirements would identified by RIN: 0920–AA10, by any be inconsistent with the CAA; and of the following methods: The revision corrects an inadvertent • error in subparagraphs (iii) and (iv) to Does not provide EPA with the • Federal eRulemaking Portal: http:// read ‘‘hours-per-year,’’ rather than discretionary authority to address, as www.regulations.gov. Follow the ‘‘hours-per-hour.’’ appropriate, disproportionate human instructions for submitting comments. health or environmental effects, using III. Proposed Action practicable and legally permissible • E-mail: [email protected]. EPA is proposing to approve the methods, under Executive Order 12898 Include ‘‘RIN: 0920–AA10’’ and ‘‘42 aforementioned revisions, specifically, (59 FR 7629, February 16, 1994). CFR pt. 84’’ in the subject line of the Chapters 391–3–1–.03(6)(b), 391–3–1– In addition, this rule does not have message. .02(2)(jjj), 391–3–1–.02(6)(a)4, 391–3–1– tribal implications as specified by • Mail: NIOSH Docket Office, Docket .01(llll), 391–3–1–.02, and 391–3–1– Executive Order 13175 (65 FR 67249, #005, Robert A. Taft Laboratories, MS– .03(6)(b)11, into the Georgia SIP. These November 9, 2000), because the SIP is C34, 4676 Columbia Parkway, revisions were submitted by GA EPD on not approved to apply in Indian country Cincinnati, OH 45226. October 31, 2006, March 5, 2007, and located in the state, and EPA notes that Instructions: All submissions received August 22, 2007. it will not impose substantial direct must include the agency name and costs on tribal governments or preempt IV. Statutory and Executive Order tribal law. docket number or Regulatory Reviews Information Number (RIN) for this List of Subjects in 40 CFR Part 52 Under the CAA, the Administrator is rulemaking, RIN: 0920–AA10. All required to approve a SIP submission Environmental protection, Air comments received will be posted that complies with the provisions of the pollution control, Carbon monoxide, without change to http://www.cdc.gov/ Act and applicable Federal regulations. Incorporated by reference, niosh/docket, including any personal 42 U.S.C. 7410(k); 40 CFR 52.02(a). Intergovernmental relations, Nitrogen information provided. Thus, in reviewing SIP submissions, dioxide, Ozone, Particulate matter, Docket: For access to the docket to EPA’s role is to approve state choices, Reporting and recordkeeping read background documents or provided that they meet the criteria of requirements, Volatile organic comments received, go to http:// the CAA. Accordingly, this proposed compounds. www.cdc.gov/niosh/docket. action merely approves state law as Authority: 42 U.S.C. 7401 et seq. meeting Federal requirements and does FOR FURTHER INFORMATION CONTACT: not impose additional requirements Dated: May 11, 2009. Jonathan V. Szalajda, NIOSH, National beyond those imposed by state law. For Beverly H. Banister, Personal Protective Technology that reason, this proposed action: Acting Regional Administrator, Region 4. Laboratory (NPPTL), Post Office Box • Is not a ‘‘significant regulatory [FR Doc. E9–11909 Filed 5–20–09; 8:45 am] 18070, 626 Cochrans Mill Road, action’’ subject to review by the Office BILLING CODE 6560–50–P Pittsburgh, Pennsylvania 15236, of Management and Budget under telephone (412) 386–5200, facsimile Executive Order 12866 (58 FR 51735, (412) 386–4089, e-mail [email protected]. October 4, 1993); DEPARTMENT OF HEALTH AND • SUPPLEMENTARY INFORMATION: The Does not impose an information HUMAN SERVICES collection burden under the provisions Department of Health and Human of the Paperwork Reduction Act (44 42 CFR Part 84 Services published a proposed rule on U.S.C. 3501 et seq.); the Approval Tests and Standards for • Is certified as not having a [Docket Number NIOSH–005] Closed-Circuit Escape Respirators on December 10, 2008 and asked for significant economic impact on a RIN 0920–AA10 substantial number of small entities comments on or before February 9, 2009 under the Regulatory Flexibility Act (5 Approval Tests and Standards for (73 FR 75027). On March 4, 2009 the U.S.C. 601 et seq.); Closed-Circuit Escape Respirators Department published a document • Does not contain any unfunded announcing two public meetings and mandate or significantly or uniquely AGENCY: Centers for Disease Control and reopening the comment period for this affect small governments, as described Prevention, HHS. proposed rule until April 10, 2009 (74 in the Unfunded Mandates Reform Act ACTION: Notice of proposed rulemaking; FR 9380). The Department held the two of 1995 (Pub. L. 104–4); reopening of comment period. public meetings on March 16, 2009 and • Does not have Federalism March 23, 2009. Commenters at the implications as specified in Executive SUMMARY: The Department of Health and meeting requested additional time to Order 13132 (64 FR 43255, August 10, Human Services (DHHS) is reopening review data and provide additional 1999); the comment period until June 19, 2009 comment regarding the proposal. After • Is not an economically significant concerning the proposed rule for reviewing the record, the Department regulatory action based on health or Approval Tests and Standards for has concluded that reopening the safety risks subject to Executive Order Closed-Circuit Escape Respirators that comment period until June 12, 2009 is 13045 (62 FR 19885, April 23, 1997); was published in the Federal Register reasonable. • on Wednesday, December 10, 2008 (73 Is not a significant regulatory action Dated: May 15, 2009. subject to Executive Order 13211 (66 FR FR 75027). The previous comment 28355, May 22, 2001); period closed on April 10, 2009. Ashley Files Flory, • Is not subject to requirements of DATES: All written comments on the Acting Executive Secretary to the Department. Section 12(d) of the National proposed rule must be received on or [FR Doc. E9–11938 Filed 5–20–09; 8:45 am] Technology Transfer and Advancement before June 5, 2009. BILLING CODE 4163–18–P

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DEPARTMENT OF HEALTH AND Respirators on December 10, 2008 and screen, filers should include their full HUMAN SERVICES requested comments on this proposed name, U.S. Postal Service mailing rule on or before February 9, 2009 (73 address, and CG Docket No. 03–123. 42 CFR Part 84 FR 75045). On March 4, 2009, the Parties may also submit an electronic Department announced two public comment by Internet e-mail. To get [Docket Number NIOSH–109] meetings and reopened the comment filing instructions, filers should send an RIN 0920–AA04 period for the proposed rule until April e-mail to [email protected], and include the 10, 2009 (74 FR 9381). The Department following words in the body of the Quality Assurance Requirements for held the two public meetings on March message, ‘‘get form .’’ A sample form and commenter requested that the directions will be sent in response. AGENCY: Centers for Disease Control and Department extend the public comment • Paper Filers: Parties who choose to Prevention, HHS. period, noting that the costs associated file by paper must file an original and ACTION: Notice of proposed rulemaking; with the proposed QA requirements four copies of each filing. Filings can be reopening of comment period. related to inspections, audits, sent by hand or messenger delivery, by commercial overnight courier, or by SUMMARY: The Department of Health and documentation, complaint management, first-class or overnight U.S. Postal Human Services (DHHS) is reopening and document control administration Service mail (although the Commission the comment period until October 9, are significant. The Department believes continues to experience delays in 2009 for the Notice of Proposed that the request to re-open the comment receiving U.S. Postal Service mail). All Rulemaking on Quality Assurance period is reasonable. Therefore, we are filings must be addressed to the Requirements for Respirators that was reopening the comment period for this Commission’s Secretary, Office of the published in the Federal Register on proposal until October 9, 2009. Secretary, Federal Communications Wednesday, December 10, 2008 (73 FR Dated: May 15, 2009. Commission. 75045). The comment period previously Ashley Files Flory, • The Commission’s contractor will closed on April 10, 2009. Acting Executive Secretary to the Department. receive hand-delivered or messenger- DATES: All written comments on the [FR Doc. E9–11947 Filed 5–20–09; 8:45 am] delivered paper filings for the proposed rule must be received on or BILLING CODE 4163–18–P Commission’s Secretary at 236 before October 9, 2009. Massachusetts Avenue, NE., Suite 110, ADDRESSES: You may submit comments, Washington, DC 20002. The filing hours identified by RIN: 0920–AA04, by any FEDERAL COMMUNICATIONS at this location are 8 a.m. to 7 p.m. All of the following methods: COMMISSION hand deliveries must be held together • Federal eRulemaking Portal: http:// with rubber bands or fasteners. Any www.regulations.gov. Follow the 47 CFR Part 64 envelopes must be disposed of before instructions for submitting comments. [CG Docket 03–123; FCC 09–39] entering the building. • E-mail: [email protected]. • Commercial mail sent by overnight Include ‘‘RIN: 0920–AA04’’ and ‘‘42 Telecommunications Relay Services mail (other than U.S. Postal Service CFR pt. 84’’ in the subject line of the and Speech-to-Speech Services for Express Mail and Priority Mail) must be message. Individuals With Hearing and Speech sent to 9300 East Hampton Drive, • Mail: NIOSH Docket Office, Docket Disabilities Capitol Heights, MD 20743. #109, Robert A. Taft Laboratories, MS– • U.S. Postal Service first-class, AGENCY: C34, 4676 Columbia Parkway, Federal Communications Express, and Priority mail should be Cincinnati, OH 45226. Commission. addressed to 445 12th Street, SW., Instructions: All submissions received ACTION: Proposed rule. Washington, DC 20554. To request materials in accessible must include the agency name and SUMMARY: In this document, the docket number or Regulatory Commission seeks comment on whether formats for people with disabilities Information Number (RIN) for this it should adopt new Video Relay (braille, large print, electronic files, rulemaking, RIN: 0920–AA04. All Service (VRS) reimbursement rates that audio format), send an e-mail to comments received will be posted reflect the cost data in the fund [email protected] or call the Consumer without change to http://www.cdc.gov/ administrator’s recent filing with the and Governmental Affairs Bureau at niosh/docket, including any personal FCC, rather than continuing the current (202) 418–0530 (voice), (202) 418–0432 information provided. rates. (TTY). FCC 09–39 can also be Docket: For access to the docket to downloaded in Word or Portable DATES: Comments are due June 4, 2009. Document Format (PDF) at: http:// read background documents or Reply comments are due on or before www.fcc.gov/cgb/dro/trs.html. comments received, go to http:// June 11, 2009. www.cdc.gov/niosh/docket. FOR FURTHER INFORMATION CONTACT: ADDRESSES: Interested parties may Thomas Chandler, Consumer and FOR FURTHER INFORMATION CONTACT: submit comments identified by CG Governmental Affairs Bureau, Disability Jonathan V. Szalajda, NIOSH, National Docket No. 03–123, by any of the Rights Office, at (202) 418–1475 (voice), Personal Protective Technology following methods: Laboratory (NPPTL), Post Office Box • Federal eRulemaking Portal: http:// (202) 418–0597 (TTY), or e-mail: 18070, 626 Cochrans Mill Road, www.regulations.gov. Follow the [email protected]. Pittsburgh, Pennsylvania 15236, instructions for submitting electronic SUPPLEMENTARY INFORMATION: This is a telephone (412) 386–5200, facsimile filings. summary of the Commission’s (412) 386–4089, e-mail [email protected]. • Federal Communications Telecommunications Relay Services and SUPPLEMENTARY INFORMATION: The Commission’s Web Site: http:// Speech-to-Speech Services for Department of Health and Human www.fcc.gov/cgb/ecfs. Follow the Individuals with Hearing and Speech Services published a proposed rule on instructions for submitting electronic Disabilities, Notice of Proposed the Quality Assurance Requirements for filings. In completing the transmittal Rulemaking, document FCC 09–39,

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adopted May 12, 2009 and released May year, and VRS continues to represent an TRS Rate Methodology Order, and the 14, 2009 (NPRM), in CG Docket No. 03– increasingly large percentage of the total VRS rates adopted in that order may not 123, seeking comment on whether the Fund size (for 2009–2010, 123,844,666 accurately reflect the providers’ Commission should adjust VRS rates for projected minutes of use, with payments reasonable actual costs of providing the 2009–2010 Fund year. The full text totaling approximately $779,873,811, or service in compliance with our rules. of FCC 09–39 and subsequently filed 87 percent of the total Fund). The NPRM The Commission therefore seeks documents in this matter are available notes that the VRS rates adopted in 2007 comment on whether to adopt new VRS for public inspection and copying may not accurately reflect the providers’ rates that reflect providers’ cost data, during regular business hours at the reasonable actual costs of providing rather than continue to base rates on the FCC Reference Information Center, service in compliance with FCC rules. 2007 TRS Rate Methodology Order that Portals II, 445 12th Street, SW., Room Current data show that VRS providers’ may result in the overpayment of CY–A257, Washington, DC 20554. They average actual costs per minute were providers contrary to section 225 and may also be purchased from the $4.5568 in 2006, $3.9950 in 2007, and our rules. The Commission believes this Commission’s duplicating contractor at $4.1393 in 2008. action is consistent with its duty to Portals II, 445 12th Street, SW., Room The Commission, therefore, seeks protect the integrity of the Fund and CY–B402, Washington, DC 20554; the comment on whether, for the 2009–2010 American consumers who pay into the contractor’s Web site, http:// Fund year, it should adopt new VRS Fund, and with the statutory mandate to www.bcpiweb.com; or by calling (800) rates that correlate to providers’ cost ensure that TRS is offered ‘‘in the most 378–3160. FCC 09–39 and subsequently data, rather than continuing to base efficient manner’’ to persons with filed documents in this matter may also rates on the 2007 TRS Rate Methodology hearing and speech disabilities, 47 be found by searching ECFS at http:// Order. U.S.C. 225(b)(1); see also Telecator www.fcc.gov/cgb/ecfs (insert CG Docket Initial Regulatory Flexability Act Network of America v. FCC, 691 F.2d No. 03–123 into the Proceeding block). 525, 550 n. 191 (DC Cir. 1982) (‘‘The To request materials in accessible The Regulatory Flexibility Act of Commission has an ongoing obligation formats for people with disabilities 1980, as amended (RFA), requires that to monitor its regulatory programs and (braille, large print, electronic files, an initial regulatory flexibility analysis make adjustments in light of actual audio format), send an e-mail to be prepared for notice-and-comment experience. * * * This duty to finetune [email protected] or call the Consumer rulemaking proceedings, unless the its regulatory approach as more and Governmental Affairs Bureau at agency certifies that ‘‘the rule will not, information becomes available is (202) 418–0530 (voice), (202) 418–0432 if promulgated, have a significant necessarily the price of leeway the (TTY). FCC 09–39 can also be economic impact on a substantial courts accord the Commission to pursue downloaded in Word or Portable number of small entities.’’ The RFA plans and policies bottomed on generally defines the term ‘‘small Document Format (PDF) at: http:// informed prediction.’’). www.fcc.gov/cgb/dro/trs.html. entity’’ as having the same meaning as the terms ‘‘small business,’’ ‘‘small Ordering Clauses Initial Paperwork Reduction Act of organization,’’ and ‘‘small governmental Pursuant to Sections 1, 4(i) and (o), 1995 Analysis jurisdiction.’’ In addition, the term 225, 303(r), 403, 624(g), and 706 of the The NPRM does not contain proposed ‘‘small business’’ has the same meaning Communications Act of 1934, as information collection requirements as the term ‘‘small business concern’’ amended, 47 U.S.C. 151, 154(i) and (o), subject to the Paperwork Reduction Act under the Small Business Act. A ‘‘small 225, 303(r), 403, 554(g), and 606, the of 1995, Public Law 104–13. In addition, business concern’’ is one that: (1) Is Notice of Proposed Rulemaking is therefore, it does not contain any independently owned and operated; (2) adopted. proposed information collection burden is not dominant in its field of operation; The Commission’s Consumer and ‘‘for small business concerns with fewer and (3) satisfies any additional criteria Governmental Affairs Bureau, Reference than 25 employees,’’ pursuant to the established by the Small Business Information Center, SHALL SEND a Small Business Paperwork Relief Act of Administration (SBA). The NPRM seeks copy of the Notice of Proposed 2002, Public Law 107–198, see 44 U.S.C. comment on a proposal for recalculating Rulemaking, including the Initial 3506(c)(4). the VRS rates for the 2009–2010 Fund Regulatory Flexibility Analysis, to the year based on recent data reflecting the Synopsis Chief Counsel for Advocacy of the Small actual costs of providing this service. Business Administration. In the NPRM, the Commission seeks The Commission notes that the funding comment on whether it should requirement has grown from Federal Communications Commission. recalculate the VRS rates established in approximately $64 million for the 2002– Marlene H. Dortch, Telecommunications Relay Services and 2003 Fund year to a proposed Secretary. Speech-to-Speech Services for $890,992,075 for the 2009–2010 Fund [FR Doc. E9–11934 Filed 5–20–09; 8:45 am] Individuals with Hearing and Speech year, and that VRS continues to BILLING CODE 6712–01–P Disabilities, Report and Order and represent an increasingly large Declaratory Ruling, CG Docket No. 03– percentage of the total Fund size (for 123, FCC 07–186, published at 73 FR 2009–2010, 123,844,666 projected FEDERAL COMMUNICATIONS 44170, July 30, 2008 (2007 TRS Rate minutes of use, with payments totaling COMMISSION Methodology Order) for the 2009–2010 approximately $779,873,811, or 87 Fund year based on recent data percent). The Commission also notes 47 CFR Part 90 reflecting the actual costs of providing that the Fund administrator has [WP Docket No. 07–100; FCC 09–29] this service. The funding requirement indicated that VRS providers’ average for all forms of TRS has grown from actual cost per minute was $4.5568 in Private Land Mobile Radio Services approximately $64 million for the 2002– 2006, $3.9950 in 2007, and $4.1393 in AGENCY: Federal Communications 2003 Fund year (the first year VRS was 2008. The Commission now has the Commission. widely offered) to a proposed benefit of experience with two VRS rate ACTION: Proposed rule. $890,992,075 for the 2009–2010 Fund cycles since the adoption of the 2007

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SUMMARY: This document proposes [email protected], or via U.S. Mail at 4.9 GHz General Exemption From revisions to the Commission’s rules and Federal Communications Commission, Certified Frequency Coordination policies regarding public safety Public Safety and Homeland Security We take this opportunity to address operations in the private land mobile Bureau, 445 12th Street, SW., an apparent inadvertent omission of a radio services. In the Further Notice of Washington, DC 20554. Commission rule that provided an Proposed Rulemaking portion of this SUPPLEMENTARY INFORMATION: This is a exemption to 4.9 GHz band applicants document the Commission proposes to summary of the Further Notice of from certified frequency coordination. reinstate an exemption for 4.9 GHz band Proposed Rulemaking portion of the By this Further Notice of Proposed applications from coordination via a Commission’s Report and Order and Rulemaking, we seek comment on certified frequency coordinator. Further Notice of Proposed Rulemaking reinstating the omitted language into the Notwithstanding this proposal, the in WP Docket No. 07–100, adopted on Commission’s part 90 rules. When the Commission also proposes a licensee-to- April 7, 2009, and released on April 9, Commission originally crafted the 4.9 licensee coordination requirement for 2009. The complete text of this GHz rules, it did not require frequency primary permanent fixed stations document is available for inspection coordinators to certify applications operating in the 4.9 GHz band. The and copying during normal business because ‘‘all frequencies will be shared remaining proposals consist of hours in the FCC Reference Information among licensees, and adjacent and co- corrections and clarifications of Center, Portals II, 445 12th Street, SW., located licensees are required to frequency tables. The Commission Room CY–A257, Washington, DC 20554. cooperate and coordinate in use of the makes first proposal because the This document may also be purchased spectrum.’’ Accordingly, the Commission tentatively concludes that from the Commission’s duplicating Commission codified a frequency the exemption was deleted by contractor, Best Copy and Printing, Inc., coordination exemption for applications inadvertent omission. The Commission in person at 445 12th Street, SW., Room for frequencies in the 4940–4990 MHz makes the second proposal because it is CY–B402, Washington, DC 20554, via band (4.9 GHz exemption). The 4.9 GHz concerned that the existing coordination telephone at (202) 488–5300, via exemption appeared in the Federal rules may not protect primary facsimile at (202) 488–5563, or via e- Register entry for the 4.9 GHz Third permanent fixed stations from mail at [email protected]. Alternative Report and Order, 68 FR 38635, June 30, interference. The Commission proposes formats (computer diskette, large print, 2003, as well as the 2003 and 2004 the frequency table corrections to fix audio cassette, and Braille) are available editions of the Commission’s rules on various errors. The intended effects are to persons with disabilities or by § 90.175(j). However, in 2005 and to relieve 4.9 GHz band applicants from sending an e-mail to [email protected] or subsequent editions of the Code of the cost of certified frequency calling the Consumer and Governmental Federal Regulations, the exemption for coordination; ensure sufficient Affairs Bureau at (202) 418–0530, TTY 4.9 GHz applications was omitted. interference protection of 4.9 GHz band (202) 418–0432. This document is also The omission of the 4.9 GHz permanent fixed primary stations; and available on the Commission’s Web site exemption appears to have occurred eliminate uncertainty regarding the at http://www.fcc.gov. inadvertently as a result of a rulemaking licensing of particular public safety The major proposals in the Further in 2004. On February 10, 2004, the frequencies. Notice of Proposed Rulemaking are as Commission released a 5.9 GHz Report DATES: Comments are due July 20, 2009. follows: • and Order, 69 FR 46438, August 3, Reply comments are due August 19, Reinstate into § 90.175 an 2004, to revise, inter alia, § 90.175(j) ‘‘by 2009. exemption for 4.9 GHz band adding a new subparagraph (17)’’ to applications from coordination via a ADDRESSES: exempt from frequency coordination You may submit comments, certified frequency coordinator. identified by WP Docket No. 07–100, by • ‘‘applications for DSRCS [Dedicated Impose a more formal licensee-to- Short-Range Communications Service] any of the following methods: licensee coordination requirement on • Federal eRulemaking Portal: http:// licensees (as well as registrations for primary fixed links in the 4.9 GHz band. Roadside Units) in the 5850–5925 GHz www.regulations.gov. Follow the • Correct and clarify the 4.9 GHz instructions for submitting comments. band’’ (DSRCS exemption). However, • band plan: Federal Communications • Amend § 90.1213 by correcting the the 2003 Code of Federal Regulations, Commission’s Web Site: http:// channel number 14 bandwidth from five which was in effect at the time the 5.9 www.fcc.gov/cgb/ecfs/. Follow the megahertz to one megahertz. GHz Report and Order was released, instructions for submitting comments. • already contained seventeen exemptions • Amend the table in § 90.1213 to list People with Disabilities: Contact the all the center frequencies that should be in § 90.175(j). Because the 5.9 GHz FCC to request reasonable used for every possible channel Report and Order stated that it was accommodations (accessible format aggregation permitted in the rules. adding a new subparagraph, we documents, sign language interpreters, • Make three corrections to § 90.20 of tentatively conclude that the CART, etc.) by e-mail: [email protected] the Commission’s rules relating to the Commission did not intend to delete the or phone: 202–418–0530 or TTY: 202– Public Safety Pool Frequency Table and 4.9 GHz exemption, then listed as 418–0432. associated limitations: § 90.175(j)(17). We base this tentative For detailed instructions for • Amend the § 90.20(d)(66)(i) table of conclusion on the lack of any submitting comments and additional frequency pairs by correcting the corresponding discussion in the 5.9 GHz information on the rulemaking process, mobile-only frequency for Channel Report and Order relating to such a see the SUPPLEMENTARY INFORMATION MED–4 from 463.075 MHz to 468.075 deletion, or any evidence of such an section of this document. MHz. intention in subsequent proceedings. On FOR FURTHER INFORMATION CONTACT: • Amend § 90.20(c)(3) by replacing July 1, 2004, as the result of an Thomas Eng, Policy Division, Public limitation 38 with limitation 10 on nine unrelated rulemaking, § 90.175 was Safety and Homeland Bureau, Federal frequencies. further revised by removing Communications Commission, • Amend § 90.20(c)(3) by replacing subparagraph (j)(13) and redesignating Washington, DC 20554, at (202) 418– the text in the limitation column subparagraphs (j)(14) through (17) as 0019, TTY (202) 418–7233, via e-mail at ‘‘O=’xl’>72’’ with the numeral ‘‘72.’’ (j)(13) through (16). On August 3, 2004,

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the Federal Register entry for the 5.9 frequency coordinators. Section that ‘‘the frequency utilization plan will GHz Report and Order was published, 90.1209(b) addresses coordination consist of ten one-megahertz channels 69 FR 46438, August 3, 2004, which matters by requiring that ‘‘[a]ll licensees and eight five-megahertz channels overwrote the existing 4.9 GHz shall cooperate in the selection and use * * *.’’ However, in the rule, exemption in § 90.175(j)(16) with the of channels in order to reduce ‘‘[c]hannel numbers 1 through 5 and 15 DSRCS exemption rather than adding a interference and make the most effective through 18 are 1 MHz channels and new subparagraph as intended in the 5.9 use of the authorized facilities.’’ We are channels [sic] numbers 6 through 14 are GHz Report and Order. Subsequently, concerned that the current rule language 5 MHz channels,’’ which results in nine the omission of the 4.9 GHz exemption in § 90.1209(b) may not ensure that one-megahertz channels and nine five- was perpetuated through other applicants for primary permanent fixed megahertz channels. Accordingly, there rulemakings, such as the Commission’s stations offer sufficient protection to is a discrepancy between the Biennial Regulatory Review in 2005. other primary permanent fixed stations Commission’s decision and the rule Because there is no evidence that the and other co-primary users. Without a concerning the number of channels Commission intended to impose a specific coordination procedure in designated for each bandwidth. requirement for certified frequency place, interference issues may arise Channel number 14 is designated as a coordination on applicants in the 4.9 between co-primary permanent fixed five-megahertz bandwidth channel in GHz band, we believe that the stations or other co-primary users of the the rules. However, the band edges of its subparagraph numbering in the 5.9 GHz band. We thus believe that additional upper neighbors, channel numbers 15 Report and Order and the subsequent measures are required to minimize the and 16 (each one megahertz wide) are overwriting of the 4.9 GHz exemption potential for interference. only 0.5 and 1.5 megahertz away, were ministerial errors that contributed Section 101.103(d) presently respectively, and the band edge of its to the omission. establishes a prior coordination process lower neighbor, channel number 13 We find that reinstating the 4.9 GHz that we believe would also serve the (five megahertz wide) is only 0.5 exemption would relieve applicants application process for primary fixed megahertz away. Therefore, the five from burdens and fees associated with 4.9 GHz stations. Section 101.103(d) megahertz bandwidth of channel obtaining certified frequency provides that proposed frequency usage number 14 overlaps the bandwidth of coordination and would satisfy the of fixed microwave stations must be channel numbers 13, 15 and 16. Since Commission’s original intent to prior coordinated with existing none of the other channels in the 4.9 encourage licensees to cooperate and licensees, permittees, and applicants in GHz band have overlapping bandwidth, coordinate with each other in use of the the area. The coordination involves two we tentatively conclude that the spectrum. In this regard, we tentatively separate elements: notification and channel plan contains an error in the conclude that correcting the error would response. To be acceptable for filing, all bandwidth of channel number 14. We serve the public interest. However, the applications and major technical propose to correct the channel number omission has been in effect for a amendments must certify that 14 bandwidth from five megahertz to substantial period of time, and some coordination, including response, has one megahertz. We note that this entities may be operating under the been completed. The notification must correction would eliminate bandwidth assumption that formal coordination specify the names of the licensees, overlap with adjacent channels, from a certified frequency coordinator is permittees, and applicants with which improve spectrum efficiency, restore required for 4.9 GHz applications. We coordination was accomplished. The symmetry to the band plan, and result tentatively conclude that correcting the notification must include relevant in ten one-megahertz channels and eight error by restoring the 4.9 GHz technical details of the proposal. Once five-megahertz channels, consistent exemption would eliminate such notification is provided, affected parties with the Commission’s intent in the 4.9 uncertainty. Therefore, we seek have thirty days to respond. GHz Third Report and Order. Also, we comment on our tentative conclusion to Accordingly, we propose to modify propose to grandfather existing amend § 90.175(j) to restore the § 90.1209(b) to require applicants for licensees to minimize the effect of this exemption for applications for primary fixed stations providing point- rule change on existing operations. We frequencies in the 4940–4990 MHz band to-point and point-to-multipoint seek comment on this proposed from certified frequency coordination communications to successfully correction. requirements. Notwithstanding this complete the prior coordination Finally, the Commission’s Universal tentative conclusion, we propose a procedures of § 101.103(d). We seek Licensing System accepts 4.9 GHz separate, more formal licensee-to- comment on this proposal. channel requests based on the center licensee coordination requirement for Additionally, we invite commenters to frequency. The Commission has been applications seeking authorization for suggest any alternative measures that receiving applications for aggregated primary permanent fixed stations, as would serve the purpose of our channels on improper center discussed below. proposal. frequencies, which results in inefficient spectrum usage. For example, if a user Coordination for 4.9 GHz Primary 4.9 GHz Band Plan Correction and seeks to aggregate two five-megahertz Permanent Fixed Stations Clarification channels into a ten-megahertz As discussed in the Report and Order, We seek comment on correcting an bandwidth, the user might improperly we accord primary status to certain apparent error in the 4.9 GHz band plan request a frequency centered on one of permanent fixed point-to-point and and clarifying which center frequencies the existing five-megahertz channels point-to-multipoint stations. We are also may be licensed when aggregating rather than centered in the middle of the licensing all permanent fixed point-to- multiple channels into larger desired ten-megahertz channel. The user point and point-to-multipoint stations bandwidths. The band plan is governed takes up bandwidth over three or more on an individual, site-by-site basis. As by § 90.1213 of the Commission’s rules. channels rather than just the two we seek to make clear in the previous First, we identify an error in the channels that are needed. To resolve proposal, 4.9 GHz licensees are not bandwidth designated to channel this problem, we propose to amend the subject to a formal frequency number 14. In the 4.9 GHz Third Report table in § 90.1213 to list the center coordination requirement via certified and Order, the Commission decided frequencies that should be requested for

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every possible channel aggregation 462.95 MHz, which has limitation 38. provided on the Web site for submitting permitted in the rules. We believe that Also, the rule implementation was comments. clarifying the band plan in this manner never completed for the listed • For ECFS filers, if multiple docket would improve spectrum efficiency and frequencies in the 467 MHz range. or rulemaking numbers appear in the eliminate confusion over how to license Therefore, we seek comment on a caption of this proceeding, filers must aggregated channels. Also, we propose proposal to complete the rule transmit one electronic copy of the to grandfather existing licensees to implementation of the 2005 Biennial comments for each docket or minimize the effect of this clarification Review Report and Order, 70 FR 61049, rulemaking number referenced in the on existing operations. We seek October 20, 2005, and amend caption. In completing the transmittal comment on this proposal. § 90.20(c)(3) by replacing limitation 38 screen, filers should include their full name, U.S. Postal Service mailing Public Safety Pool Corrections with limitation 10 on the nine frequencies 462.95, 467.95, 467.95625, address, and the applicable docket or We seek comment on making three 467.9625, 467.96875, 467.975, rulemaking number. Parties may also ‘‘clean-up’’ amendments to § 90.20 467.98125, 467.9875 and 467.99375 submit an electronic comment by relating to the Public Safety Pool MHz. Internet e-mail. To get filing Frequency Table and its associated Third, the frequency band 1427–1432 instructions, filers should send an e- limitations. The following proposed MHz in the Public Safety Pool mail to [email protected], and include the amendments would rectify three errors Frequency Table contains an apparent following words in the body of the that Commission staff has discovered in error in the limitation column. The message ‘‘get form.’’ A sample form and this rule section since the release of the limitation reads, ‘‘O=’xl’>72.’’ We seek directions will be sent in response. • earlier Notice of Proposed Rulemaking, comment on a proposal to amend Paper Filers: Parties who choose to 72 FR 35190, June 27, 2007, in this § 90.20(c)(3) by replacing the text in the file by paper must file an original and proceeding. Although these errors may limitation column ‘‘O=’xl’>72’’ with the four copies of each filing. If more than appear ministerial in nature, they have numeral ‘‘72.’’ This correction would one docket or rulemaking number been in effect for a substantial period of clarify that limitation 72 applies to this appears in the caption of this time, and thus, we seek comment on the band. Limitation 72 reads, ‘‘[t]his proceeding, filers must submit two corrections. frequency band is available to stations additional copies for each additional First, in the § 90.20(d)(66)(i) table of in this service subject to the provisions docket or rulemaking number. frequency pairs, we note that Channel of § 90.259,’’ and § 90.259 contains Filings can be sent by hand or MED–4 has a mobile-only frequency of provisions for the 1427–1432 MHz messenger delivery, by commercial 463.075 MHz, unlike the other listed band. courier, or by first-class or overnight channels, which have mobile-only U.S. Postal Service mail (although we frequencies in the 468 MHz range. We Procedural Matters continue to experience delays in tentatively conclude that 463.075 MHz Initial Paperwork Reduction Act receiving U.S. Postal Service mail). All was a typographical error, and we seek Analysis filings must be addressed to the comment on a proposal to correct the Commission’s Secretary, Federal mobile-only frequency for Channel This document does not contain new Communications Commission. MED–4 to 468.075 MHz. The lower half or modified proposed information • The Commission’s contractor will of the MED–4 pair, frequency 463.075 collection(s) subject to the Paperwork receive hand-delivered or messenger- MHz in the base and mobile column, Reduction Act of 1995 (PRA), Public delivered paper filings for the would remain unchanged. Law 104–13. In addition, therefore, it Commission’s Secretary at 236 Second, nine frequencies in the does not contain any new or modified Massachusetts Avenue, NE., Suite 110, Public Safety Pool Frequency Table proposed information collection burden Washington, DC 20002. The filing hours contain limitation 38; however, ‘‘for small business concerns with fewer at this location are 8 a.m. to 7 p.m. All § 90.20(d)(38) only contains the text, than 25 employees,’’ pursuant to the hand deliveries must be held together ‘‘[Reserved].’’ We propose to replace Small Business Paperwork Relief Act of with rubber bands or fasteners. Any limitation 38 with limitation 10 on 2002, Public Law 107–198, see 44 U.S.C. envelopes must be disposed of before those frequencies. In 2005, the 3506(c)(4). entering the building. Commission issued an order that, inter • Commercial overnight mail (other alia, replaced limitation 38 with Comment and Reply Comment Filing Instructions than U.S. Postal Service Express Mail limitation 10 in the Public Safety Pool and Priority Mail) must be sent to 9300 Frequency Table because the two Pursuant to §§ 1.415 and 1.419 of the East Hampton Drive, Capitol Heights, limitations were identical. A portion of Commission’s rules, 47 CFR 1.415, MD 20743. the final rule appendix reads: ‘‘Section 1.419, interested parties may file • U.S. Postal Service first-class, 90.20 is further amended by replacing comments and reply comments on or Express, and Priority mail must be limitation 38 with 10 in the Public before the dates indicated above. addressed to 445 12th Street, SW., Safety Pool Frequency Table of Section Comments may be filed using: (1) The Washington, DC 20554. 90.20(c)(3) (Frequencies.) for Commission’s Electronic Comment People with Disabilites: To request frequencies 155.325, 155.3325, 155.355, Filing System (ECFS), (2) the Federal materials in alternative formats for 155.3625, 155.385, 155.3925, 155.4, Government’s eRulemaking Portal, or (3) people with disabilities (braille, large 155.4075, 462.9375, 462.95625, by filing paper copies. See Electronic print, electronic files, audio format), 462.9625, 462.96875, 462.975, Filing of Documents in Rulemaking send an e-mail to [email protected] or call 462.98125, 462.9875, 462.99375, 467.95, Proceedings, 63 FR 24121, May 1, 1998. the Consumer and Government Affairs 467.95625, 467.9625, 467.96875, • Electronic Filers: Comments may be Bureau at (202) 418–0530 (voice), (202) 467.975, 467.98125, 467.9875 and filed electronically using the Internet by 418–0432 (tty). 467.99375 * * *.’’ However, the list accessing the ECFS: http://www.fcc.gov/ Interested parties may view erroneously included frequency cgb/ecfs/ or the Federal eRulemaking documents filed in this proceeding on 462.9375 MHz, which does not have Portal: http://www.regulations.gov. the Commission’s Electronic Comment limitation 38, and excluded frequency Filers should follow the instructions Filing System (ECFS) using the

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following steps: (1) Access ECFS at prepared a Initial Regulatory Flexibility Chief Counsel for Advocacy of the U.S. http://www.fcc.gov/cgb/ecfs. (2) In the Analysis (IRFA) of the possible impact Small Business Administration. introductory screen, click on ‘‘Search of the proposed rule changes contained List of Subjects in 47 CFR Part 90 for Filed Comments.’’ (3) In the in this Further Notice of Proposed ‘‘Proceeding’’ box, enter the numerals in Rulemaking on small entities. The IRFA Communications equipment, Radio. the docket number. (4) Click on the box is set forth in Appendix D of the Report Federal Communications Commission. marked ‘‘Retrieve Document List.’’ A and Order and Further Notice of Marlene H. Dortch, link to each document is provided in Proposed Rulemaking. Written public the document list. Filings and comments are requested on the IRFA. Secretary. comments are also available for public These comments must be filed in Proposed Rules inspection and copying during regular accordance with the same filing business hours at the FCC Reference deadlines as comments filed in response For the reasons discussed in the Information Center, 445 12th Street, to the Further Notice of Proposed preamble, the Federal Communications SW., Room CY–A257, Washington, DC Rulemaking and must have a separate Commission proposes to amend 47 CFR 20554. Filings and comments also may and distinct heading designating them part 90 as follows: be purchased from the Commission’s as responses to the IRFA. The PART 90—PRIVATE LAND MOBILE duplicating contractor, Best Copy and Commission’s Consumer Information RADIO SERVICES Printing, Inc., Portals II, 445 12th Street, Bureau, Reference Information Center, SW., Room CY–B402, Washington, DC will send a copy of this Report and 1. The authority citation for part 90 20554, telephone 1–800–378–3160, or Order and Further Notice of Proposed continues to read as follows: via e-mail to [email protected]. This Rulemaking, including the IRFA, to the Sections 4(i), 11, 303(g), 303(r) and Report and Order and Further Notice of Chief Counsel for Advocacy of the Small 332(c)(7) of the Communications Act of 1934, Proposed Rulemaking also may be Business Administration. as amended, 47 U.S.C. 154(i), 161, 303(g), downloaded from the Commission’s 303(r) and 332(c)(7). Web site at http://www.fcc.gov/. Ordering Clauses 2. Section 90.20 is amended by Ex Parte Presentations Accordingly, it is ordered, pursuant to revising the Frequency or band entries sections 4(i), 303(r), and 403 of the This is a permit-but-disclose notice 462.950, 467.950, 467.95625, 467.9625, and comment rulemaking proceeding. Communications Act of 1934, 47 U.S.C. 467.96875, 467.975, 467.98125, Ex parte presentations are permitted, 154(i), 303(r), and 403, that this Report 467.9875, 467.99375 and 1,427 to 1,432 except during the Sunshine Agenda and Order and Further Notice of in the Public Safety Pool Frequency period, provided they are disclosed as Proposed Rulemaking is hereby Table of paragraph (c)(3) and the provided in the Commission’s rules. See adopted. Frequencies base and mobile entry generally 47 CFR 1.1202, 1.1203, It is further ordered that the 463.075 in the table of paragraph 1.1206(a). Commission’s Consumer Information (d)(66)(i) to read as follows: Bureau, Reference Information Center, § 90.20 Public Safety Pool. Initial Regulatory Flexibility Act shall send a copy of this Report and Analysis Order and Further Notice of Proposed * * * * * As required by the Regulatory Rulemaking, including the Initial (c) * * * Flexibility Act, the Commission has Regulatory Flexibility Analysis, to the (3) * * *

PUBLIC SAFETY POOL FREQUENCY TABLE

Frequency or band Class of station(s) Limitations Coordinator

******* Megahertz

******* 462.950 ...... do ...... 10, 65 ...... PM

******* 467.950 ...... do ...... 10, 65 ...... PM 467.95625 ...... do ...... 10, 44, 65 ...... PM 467.9625 ...... do ...... 10, 27, 65 ...... PM 467.96875 ...... do ...... 10, 44, 65 ...... PM 467.975 ...... do ...... 10, 65 ...... PM 467.98125 ...... do ...... 10, 44, 65 ...... PM 467.9875 ...... do ...... 10, 27, 65 ...... PM 467.99375 ...... do ...... 10, 44, 65 ...... PM

******* 1,427 to 1,432 ...... Base, mobile or operational fixed ...... 72.

*******

* * * * * (d) ** * (66) ** * (i) * * *

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Frequencies base and mobile Mobile only Channel (megahertz) (MHz) name

******* 463.075 ...... 468.075 ...... MED–4

*******

* * * * * restrictions including specifying the Center Bandwidth Channel 3. Section 90.175 is amended by transmitter power, antenna height, or frequency (MHz) Nos. adding paragraph (j)(19) to read as area or hours of operation of the stations (MHz) follows: concerned. Further, the Commission 4940.5 ...... 1 1 § 90.175 Frequency coordinator may prohibit the use of any 4.9 GHz 4941.5 ...... 1 2 requirements. channel under a system license at a 4942.5 ...... 1 3 * * * * * given geographical location when, in the 4943.5 ...... 1 4 (j) * * * judgment of the Commission, its use in 4944.5 ...... 1 5 (19) Applications for frequencies in that location is not in the public 4947.5 ...... 5 6 4952.5 ...... 5 7 the 4940–4990 MHz band, except for interest. Applicants for primary, 4957.5 ...... 5 8 primary, permanent fixed point-to-point permanent fixed point-to-point and 4962.5 ...... 5 9 and point-to-multipoint stations, which point-to-multipoint stations as defined 4967.5 ...... 5 10 shall be subject to the requirements of in § 90.1207 shall be subject to the 4972.5 ...... 5 11 §§ 90.1209(b) and 101.103(d) of this requirements of § 101.103(d) of this 4977.5 ...... 5 12 chapter. chapter. 4982.5 ...... 5 13 4. Section 90.1209 is amended by 4985.5 ...... 1 14 * * * * * revising paragraph (b) to read as follows: 4986.5 ...... 1 15 5. Section 90.1213 is revised to read 4987.5 ...... 1 16 § 90.1209 Policies governing the use of the as follows: 4988.5 ...... 1 17 4940–4990 MHz band. 4989.5 ...... 1 18 * * * * * § 90.1213 Band plan. (b) All licensees shall cooperate in the (b) The following tables list center (a) The following channel center selection and use of channels in order frequencies to be licensed for aggregated to reduce interference and make the frequencies are permitted to be channels only. A license may contain most effective use of the authorized aggregated for channel bandwidths of 5, any combination of bandwidths from facilities. Licensees of stations suffering 10, 15 or 20 MHz as described in aggregated channels provided that the or causing harmful interference are paragraph (b) of this section. Channel bandwidths do not overlap. The expected to cooperate and resolve this numbers 1 through 5 and 14 through 18 bandwidth edges (lower and upper problem by mutually satisfactory are 1 MHz bandwidth channels, and frequencies) are provided to aid in arrangements. If licensees are unable to channel numbers 6 through 13 are 5 planning. do so, the Commission may impose MHz bandwidth channels. (1) 5 MHz bandwidth aggregation:

Lower Upper Center frequency Channel Nos. frequency frequency (MHz) employed (MHz) (MHz)

4942.5 ...... 1 to 5 1 ...... 4940 4945 4947.5 ...... 6 ...... 4945 4950 4952.5 ...... 7 ...... 4050 4955 4957.5 ...... 8 ...... 4955 4960 4962.5 ...... 9 ...... 4960 4965 4967.5 ...... 10 ...... 4965 4970 4972.5 ...... 11 ...... 4970 4975 4977.5 ...... 12 ...... 2975 4980 4982.5 ...... 13 ...... 4980 4985 4987.5 ...... 14 to 18 1 ...... 4985 4990 1 These channels should only be used if all other channels are blocked.

(2) 10 MHz bandwidth aggregation:

Lower Upper Center frequency Channel Nos. frequency frequency (MHz) employed (MHz) (MHz)

4945 ...... 1 to 6 1 ...... 4940 4950 4950 ...... 6 & 7 ...... 4945 4955 4955 ...... 7 & 8 ...... 4950 4960 4960 ...... 8 & 9 ...... 4955 4965 4965 ...... 9 & 10 ...... 4960 4970 4970 ...... 10 & 11 ...... 4965 4975

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Lower Upper Center frequency Channel Nos. frequency frequency (MHz) employed (MHz) (MHz)

4975 ...... 11 & 12 ...... 4970 4980 4980 ...... 12 & 13 ...... 4975 4985 4985 ...... 13 to 18 1 ...... 4980 4990 1 These channels should only be used if all other channels are blocked.

(3) 15 MHz bandwidth aggregation:

Lower Upper Center frequency Channel Nos. frequency frequency (MHz) employed (MHz) (MHz)

4947.5 ...... 1 to 7 1 ...... 4940 4955 4952.5 ...... 6 to 8 ...... 4945 4960 4957.5 ...... 7 to 9 ...... 4950 4965 4962.5 ...... 8 to 10 ...... 4955 4970 4967.5 ...... 9 to 11 ...... 4960 4975 4972.5 ...... 10 to 12 ...... 4965 4980 4977.5 ...... 11 to 13 ...... 4970 4985 4982.5 ...... 12 to 18 1 ...... 4975 4990 1 These channels should only be used if all other channels are blocked.

(4) 20 MHz bandwidth aggregation:

Lower Upper Center frequency Channel Nos. frequency frequency (MHz) employed (MHz) (MHz)

4950 ...... 1 to 8 1 ...... 4940 4960 4955 ...... 6 to 9 ...... 4945 4965 4960 ...... 7 to 10 ...... 4950 4970 4965 ...... 8 to 11 ...... 4955 4975 4970 ...... 9 to 12 ...... 4960 4980 4975 ...... 10 to 13 ...... 4965 4985 4980 ...... 11 to 18 1 ...... 4970 4990 1 These channels should only be used if all other channels are blocked.

[FR Doc. E9–11907 Filed 5–20–09; 8:45 am] SUMMARY: Under section 4(d) of the We announce the availability of a BILLING CODE 6712–01–P Endangered Species Act (ESA), the draft environmental assessment (EA) Secretary of Commerce (Secretary) is that analyzes the environmental impacts required to adopt such regulations as he of promulgating these proposed 4(d) DEPARTMENT OF COMMERCE deems necessary and advisable for the regulations for the Southern DPS. conservation of species listed as Finally, we solicit comments regarding National Oceanic and Atmospheric threatened. This proposed ESA 4(d) rule the draft EA and this proposed rule. Administration represents the regulations that we, the DATES: Comments regarding the National Marine Fisheries Service proposed rule and supporting 50 CFR Part 223 (NMFS), believe necessary and documents may be sent to the [Docket No. 070910507–81216–02] advisable to conserve the threatened appropriate address or fax number (see Southern Distinct Population Segment ADDRESSES), no later than 5 p.m. Pacific RIN 0648–AV94 of North American green sturgeon Standard Time on July 20, 2009. A public hearing will be held promptly if Endangered and Threatened Wildlife (Acipenser medirostris; hereafter Southern DPS). We propose to apply the any person so requests by July 6, 2009. and Plants: Proposed Rulemaking to Notice of the location and time of any prohibitions listed under ESA sections Establish Take Prohibitions for the such hearing will be published in the 9(a)(1)(A) through 9(a)(1)(G) for the Threatened Southern Distinct Federal Register not less than 15 days Population Segment of North American Southern DPS, and we highlight specific before the hearing is held. Green Sturgeon categories of activities that are likely to ADDRESSES: You may submit comments, result in take of Southern DPS fish. We AGENCY: National Marine Fisheries identified by RIN 0648–AV94, by any do not find it necessary and advisable Service (NMFS), National Oceanic and one of the following methods: to apply the take prohibitions to certain Atmospheric Administration (NOAA), • Electronic Submissions: Submit all categories of activities that contribute to Commerce. electronic public comments via the conserving the Southern DPS. We also ACTION: Federal eRulemaking Portal http:// Proposed rule; request for propose a variety of methods by which comments; notice of availability of a www.regulations.gov. take of the Southern DPS may be • Facsimile (fax): 562–980–4027, draft environmental assessment. authorized. Attn: Melissa Neuman.

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• Mail: Submit written comments to conduct. (16 U.S.C. 1532(19)). The term take of Southern DPS fish. In cases Chief, Protected Resources Division, ‘‘harm’’ is defined as any act which kills where evidence of direct take due to a Attn: Melissa Neuman, Southwest or injures fish or wildlife. Such an act particular activity was lacking, activities Region, National Marine Fisheries may include significant habitat that have caused take in species that use Service, 501 West Ocean Blvd., Suite modification or degradation that results similar habitats (i.e., migratory, 4200, Long Beach, CA 90802–4213. in death or injury of wildlife by spawning, and rearing), consume Instructions: All comments received significantly impairing essential similar prey types, have similar are a part of the public record and will behavioral patterns, including breeding, morphologies and/or physiologies, and/ generally be posted to http:// spawning, rearing, migrating, feeding, or or share other life history requirements www.regulations.gov without change. sheltering. (50 CFR 222.102). (e.g., white sturgeon (Acipenser All Personal Identifying Information (for Whether take prohibitions or other transmontanus) and chinook salmon example, name, address, etc.) protective regulations are necessary or (Oncorhynchus tshawytscha)) were voluntarily submitted by the commenter advisable is in large part dependent on identified and considered for their the biological status of the species and may be publicly accessible. Do not effects on Southern DPS fish. More potential impacts of various activities submit Confidential Business detailed justification regarding the use on the species. Green sturgeon have Information or otherwise sensitive or of take information for surrogate species persisted for millions of years through protected information. (i.e. one that shares a similar life history We will accept anonymous comments cycles of naturally occurring perturbations that have likely presented or habitat requirement) to infer the take (enter N/A in the required fields, if you potential of an activity on the Southern wish to remain anonymous). short- and long-term challenges to the species’ survival. We conclude that the DPS fish is provided in previous Attachments to electronic comments Federal Register notices (70 FR 17386, will be accepted in Microsoft Word, threatened Southern DPS of North April 6, 2005; 71 FR 17757, April 7, Excel, WordPerfect, or Adobe PDF file American green sturgeon is currently at 2006). formats only. risk of extinction primarily because of A list of reference materials regarding human-induced ‘‘takes’’ involving We conclude that the threatened this proposed rule can be obtained via elimination of freshwater spawning Southern DPS of North American green the Internet at http:// habitat, degradation of freshwater and sturgeon is at risk of extinction www.swr.nmfs.noaa.gov or by estuarine habitat quality, water primarily because its populations have submitting a request to the Assistant diversions, fishing, and other causes. been reduced by human ‘‘take,’’ through Regional Administrator, Protected Therefore, we conclude that extending activities that include, but are not Resources Division, Southwest Region, the take prohibitions to the Southern limited to: (1) commercial and NMFS, 501 West Ocean Blvd., Suite DPS is necessary and advisable. recreational fisheries activities that 4200, Long Beach, CA 90802–4213. When the final rule to list the directly target or incidentally catch Southern DPS was published on April 7, Southern DPS fish; (2) tribal fisheries FOR FURTHER INFORMATION CONTACT: 2006, we solicited the public for Melissa Neuman, NMFS, Southwest activities that directly target or information that would inform the ESA incidentally catch Southern DPS fish; Region (562) 980–4115 or Lisa Manning, section 4(d) rulemaking. Specifically, NMFS, Office of Protected Resources (3) poaching; (4) collecting or handling we requested information regarding: (1) Southern DPS fish for activities such as (301) 713–1401. green sturgeon spawning habitat within SUPPLEMENTARY INFORMATION: research, monitoring, and emergency the range of the Southern DPS that was rescues; (5) habitat-altering activities present in the past, but may have been Background that result in the elimination, lost over time; (2) biological or other obstruction or delay of passage of adult We determined that the Southern DPS relevant data concerning any threats to Southern DPS fish to and from is at risk of extinction in the foreseeable the Southern DPS; (3) current or spawning areas, or otherwise result in future throughout all or a significant planned activities within the range of portion of its range and listed the the Southern DPS and their possible the inability of adult Southern DPS fish species as threatened under the ESA on impact on the Southern DPS; (4) efforts to migrate to and from spawning areas; April 7, 2006 (71 FR 17757). At that being made to protect the Southern DPS; (6) habitat-altering activities that result time we summarized the process for (5) necessary prohibitions on take to in the destruction, modification or considering the application of ESA promote the conservation of the curtailment of spawning or rearing section 9 prohibitions to the threatened Southern DPS; (6) quantitative habitat for egg, larval or juvenile stages; Southern DPS. In the case of threatened evaluations describing the quality and (7) habitat altering activities that result species, ESA section 4(d) states that the extent of freshwater and marine habitats in the elimination, obstruction or delay Secretary shall decide whether, and to (occupied currently or occupied in the of downstream passage of larval or what extent, to extend the section 9(a) past, but no longer occupied) for juvenile stages of Southern DPS fish; (8) prohibitions, including those regarding juvenile and adult Southern DPS fish; entrainment and impingement of any take, to the species, and authorizes us to (7) activities that could be affected by an life stage of Southern DPS fish during issue regulations we consider necessary ESA section 4(d) rule; and (8) the the operation of water diversions, and advisable for the conservation of the economic costs and benefits of dredging or power generating projects; species. Such regulations may include additional requirements of management (9) application of pesticides adjacent to any or all of the prohibitions that measures likely to result from protective or within waterways that contain any automatically apply to endangered regulations. No substantive additional life stage of Southern DPS fish at levels species. Those prohibitions, in part, comments, beyond those that had been that adversely affect the biological make it illegal for any person subject to received during prior solicitations for requirements of the Southern DPS; (10) the jurisdiction of the United States to information, were received. discharge or dumping of toxic chemicals take the listed species. The term ‘‘take’’ Public scoping workshops held on or other pollutants into waters or areas means to harass, harm, pursue, hunt, May 31 and June 1, 2006, helped that contain Southern DPS fish; and (11) shoot, wound, kill, trap, capture, or advance our understanding of the introducing or releasing non-native collect, or attempt to engage in any such threats that are likely to result in the species likely to alter the Southern DPS’

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habitat or to compete with the Southern unpublished data; FERC, 2008, within 110 m depth from the California/ DPS for space or food. unpublished data); lower Yuba River, Mexico border to Monterey Bay, CA CA (Adams et al., 2002; CDFG, 2002; G. (Roedel, 1941; Norris, 1957; R. Spatial Context for Proposed 4(d) Rule Reedy, South Yuba River Citizens Rasmussen, NMFS, 2006, unpublished Application League, 2006, unpublished data); data); and coastal waters northwest of As described in a Federal Register Humboldt Bay, CA (Moyle et al., 1992; Yakutat Bay, AK, including portions of notice (68 FR 4433) published on B. Pinnix, USFWS, 2008, unpublished the Gulf of Alaska, and the Bering Sea January 23, 2003, we determined that data; S. Lindley, NMFS, 2008, (J. Ferdinand and D. Stevenson, NMFS, based on genetic and behavioral unpublished data); Coos Bay, OR 2006, unpublished data). information, North American green (Lindley and Moser, 2006); Winchester Evaluation of Activities sturgeon is comprised of at least two Bay, OR (Lindley and Moser, 2006; J. DPSs that qualify as species under the Israel, UC Davis, 2006, unpublished While this proposal applies the take ESA: (1) a northern DPS consisting of data); Yaquina Bay, OR (Emmett et al., prohibitions to any activity that takes populations originating from coastal 1991; ODFW, 2002; D. M. Nelson, 2008, the Southern DPS, we wanted to watersheds northward of and including Letter to Steve Stone; J. Hightower, determine which activities would most the Eel River (‘‘Northern DPS’’); and (2) USGS, 2006, unpublished data); lower likely impede efforts necessary to a southern DPS consisting of Columbia River and estuary, OR and conserve and recover the Southern DPS. populations originating from coastal WA (Israel et al., 2004; Lindley and To do this, we considered the following watersheds south of the Eel River Moser, 2006; WDFW, 2006, unpublished questions: (1) For which activities do we (‘‘Southern DPS’’) and the Central data; ODFW, 2006, unpublished data); have evidence of take of Southern DPS Valley of California. These geographic Willapa Bay, WA (Lindley and Moser, fish; (2) for those activities where boundaries were largely defined by 2006; J. Israel and B. May, UC Davis, evidence of Southern DPS take does not genetic evidence indicating that, among 2006, unpublished data; WDFW, exist, is there evidence of take of samples from rivers where green unpublished data; ODFW, unpublished surrogate species that share similar sturgeon are known to spawn (i.e. the data); Grays Harbor, WA (Lindley and biological requirements with Southern Rogue, Klamath, and Sacramento Moser, 2006; J. Israel and B. May, UC DPS fish; (3) are protective/conservation rivers), the Rogue and Klamath River Davis, 2006, unpublished data); and measures underway to reduce or fish were more similar to one another Puget Sound, WA (Lindley and Moser, minimize take imposed by some than to the Sacramento River fish (Israel 2006). Southern DPS fish also occur in activities; and (4) are there additional et al., 2004). Although the Southern DPS protective/conservation measures that, coastal waters within 110 meters depth boundaries are defined by the species’ if taken, would reduce take to low from Monterey Bay, CA, to Yakutat Bay, genetic structure and its likely strong enough levels such that particular AK (Lindley and Moser, 2006; Lindley homing capabilities and spawning site activities could proceed without et al., 2008), including the Strait of Juan fidelity, the spatial extent of the ESA appreciably reducing the likelihood of de Fuca, WA. listing and proposed take prohibitions survival and recovery of the Southern for the Southern DPS is not confined to Green sturgeon have also been DPS? areas south of the Eel River. Southern observed or collected in the following Commercial and Recreational Fisheries DPS subadults and adults tagged in San coastal rivers, estuaries, and marine Activities Pablo Bay, a northern extension of San waters; however, in many of these cases, Francisco Bay, have been tracked in individuals were not identified to the Take of Southern DPS fish occurs estuarine and marine waters far north of DPS level: Elkhorn Slough, CA (Moyle during commercial and recreational the Eel River (Lindley et al., 2008), and et al., 1992; Yoklavich et al., 2002; S. fishing activities throughout the range of preliminary genetic mixed stock Lindley, NMFS, 2008, unpublished North American green sturgeon. analyses indicate that a proportion of data; C. Raifsnider and J. Steinbeck, However, quantifying fishery-related green sturgeon in many estuaries north Tenera Environmental, 2006, personal take reliably and assessing its effects is of the Eel River DPS boundary are of communication); Tomales Bay, CA challenging because: (1) Northern and Southern DPS origin (J. Israel, UC Davis, (Moyle et al., 1992; J. McLain,USFWS, Southern DPS fish are morphologically 2006, unpublished data). 2006, unpublished data); Noyo Harbor, indistinguishable from one another and Tracking data, genetic mixed stock CA (Moyle et al., 1992; D. Catania, when green sturgeon have been taken, analysis, and direct observation indicate California Academy of Sciences, 2006, they have rarely been identified to the that Southern DPS fish occur in personal communication); Eel River, CA DPS level; (2) until recently some freshwater rivers and coastal estuaries (Moyle et al., 1992; Adams et al., 2006); fisheries did not report green sturgeon and bays along the west coast of North Klamath/Trinity River, CA (Nakamoto et take, and (3) in cases where data on take America, including, but not limited to: al., 1995; VanEenenaam et al., 2001; of green sturgeon is available, methods San Pablo Bay, CA; Suisun Bay, CA; San Adams et al., 2002; Adams et al., 2006; for estimating the total annual take by Francisco Bay, CA (Radtke, 1966; CDFG, VanEenenaam et al., 2006; Benson et al., a fishery are still being developed. The 2002; Kelly et al., 2006; J. McLain, 2007); Rogue River, OR (Rien et al.; two DPSs co-inhabit some coastal areas USFWS, 2006, unpublished data; 2001; Adams et al., 2002; Erickson et al., and bays in Northern California, Department of Water Resources Bay 2002; Adams et al., 2006; Erickson and Oregon, and Washington, and the Delta and Tributaries data base, 2005, Hightower, 2007; Erickson and Webb, proportion of Southern DPS fish http://bdat.ca.gov/index.html); the 2007; Webb and Erickson, 2007); contributing to overall populations in Sacramento-San Joaquin Delta in the Siuslaw River, OR (Emmett et al., 1991; these areas may be high (e.g., 80 percent Central Valley California (Radtke, 1966; S. Lindley and M. Moser, NMFS, 2008, in the Columbia River; J. Israel, UC CDFG, 2002; Wang, 2006); Sacramento unpublished data); Alsea River, OR Davis, 2008, unpublished data). Thus, River, CA (USFWS, 1992; Adams et al., (Emmett et al., 1991; D. M. Nelson, while we know that fisheries-related 2002; Gaines and Martin, 2002; Israel et 2008, Letter to Steve Stone); Tillamook take is occurring, we are uncertain how al., 2004; Heublein et al., in press); Bay, OR (Emmett et al., 1991; ODFW, this take is apportioned between the two lower Feather River, CA (Adams et al., 1997; ODFW, 2002; D. M. Nelson, 2008, DPSs, different locales, and different 2006; A. Seeholtz, CDWR, 2008, Letter to Steve Stone); coastal waters types of fisheries.

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Green sturgeon are taken as bycatch in bycatch off the coast of California. Over Quinault Tribe, and perhaps other white sturgeon fisheries, salmon gillnet a 6–year period, from 2001–2007, 450 Tribes within the occupied range of the fisheries, coastal groundfish trawl green sturgeon were reported as by- Southern DPS, to minimize take and fisheries, and coastal California halibut catch in trawls off the California coast. monitor incidental catch of green set net fisheries (Adams et al., 2006; R. Almost all green sturgeon caught in this sturgeon over the long-term. Rasmussen, NMFS, 2006, unpublished fishery are released alive (J. Majewski, data; J. Ferdinand et al., NMFS, 2006, NMFS, 2006, unpublished data), but the Poaching unpublished data). These fisheries have long-term fate of these individuals Poaching is a potential threat to the taken large numbers of green sturgeon remains unknown. A program for Southern DPS. In recent years, several historically and have been cited as monitoring green sturgeon take was arrests have been made for illegal factors in the decline of the species (70 established with the NMFS Observer harvest of white sturgeon for their meat FR 17386, April 6, 2005; 71 FR 17757, Program in January 2007. Additional and roe from the Sacramento River April 7, 2006). For example, from 1985 measures that may be implemented to (CDFG, 2003 and 2006), the Sacramento- to 1993, the harvest of green sturgeon in protect green sturgeon and the Southern San Joaquin Delta (CDFG, 2004), and the commercial fisheries in the Columbia DPS include zero retention of green River and in Washington ranged from sturgeon in all fisheries, minimizing lower Columbia River (Cohen, 1997). In 3,000 to over 7,500 fish per year. Sport incidental catch, monitoring of the lower Columbia River, an estimated fishing harvest during the same period incidental catch, increased enforcement, 2,000 sturgeon were killed over a 5–year ranged from less than 100 to over 500 fisheries closures in areas important to period by poachers to produce caviar fish, with the majority harvested from the species, and outreach and education (Cohen, 1997). Poaching may be less the Columbia River. Since 1993, on proper catch and release methods significant than incidental take commercial and sport harvest of green and green sturgeon conservation issues. associated with white sturgeon sturgeon has declined in the Columbia sportfishing (Williamson, 2003). Tribal Fisheries River and Washington fisheries to about However, the tendency for green 150 fish harvested in 2003 (Adams et al. Green sturgeon are taken as bycatch in sturgeon to form aggregations for long 2006). tribal salmon and sturgeon fisheries periods of time may make them easy State recreational and commercial conducted by the Quinault Tribe in targets for poachers (Erickson et al., fishing regulations have been revised in coastal Washington waters. Tribal 2002). Increased public outreach and response to evidence of recent sturgeon harvest of green sturgeon occurs in awareness, increased enforcement, and declines and to the listing of the Grays Harbor and at the mouth of heavier sentences and fines for poachers Southern DPS. In California, the tributaries, primarily the Chehalis and may help to protect green sturgeon from California Fish and Game Commission Humptulips rivers. The number of green the threats of poaching. approved revised regulations, effective sturgeon taken annually from 1985 to Research, Monitoring and Enforcement March 1, 2007, to prohibit retention of 2003 ranged from less than 10 to almost green sturgeon, alter the slot (size) limit 200 fish (Adams et al., 2006). In 2006, Activities (142 cm) and bag limit (one individual the Quinault Tribe implemented zero Scientific research and monitoring of daily; 3 individuals annually) for white retention of green sturgeon for the Grays the Southern DPS contributes valuable sturgeon, and require implementation of Harbor fishery (J. Schumacker, Quinault information for the management, a sturgeon report card system. The Indian Tribe, 2006, personal conservation, and future status reviews Washington Fish and Wildlife communication). A large proportion of of the species. However, collection or Commission adopted a permanent rule green sturgeon caught in Grays Harbor handling associated with scientific may be Southern DPS fish, based on to prohibit retention of green sturgeon research and monitoring constitutes take hydroacoustic tracking information in recreational fisheries statewide and may result in stress, injuries, or (Lindley and Moser, 2006) and a genetic effective May 1, 2007. In addition, the mortality of Southern DPS fish. In study indicating that approximately 50 Washington Department of Fish and recent years, much research and percent of green sturgeon sampled in Wildlife and Oregon Department of Fish monitoring effort has been placed on: (1) Grays Harbor belong to the Southern and Wildlife voted to prohibit the tracking the movements and habitat use DPS (J. Israel and B. May, UC Davis, retention of green sturgeon in Columbia of Southern DPS fish by using a variety 2006, unpublished data). River recreational fisheries from of non-lethal tagging techniques; and (2) Bonneville Dam to the mouth of the Green sturgeon are also taken, though rarely, in tribal commercial and identifying the DPS of origin using non- river, effective January 1, 2007. For lethal genetic sampling techniques. commercial fisheries, the retention of subsistence salmon fisheries occurring These two research and monitoring green sturgeon has been prohibited in in freshwater and coastal marine waters activities provide information crucial to the Columbia River by emergency rule of Washington, including the Strait of the development of an effective recovery since July 2006 and statewide in Juan de Fuca, Georgia and Rosario strategy for the species. The best Washington by permanent rule since straits, and Puget Sound (W. Beattie, available information indicates that January 26, 2007. The State of California NW Indian Fisheries Commission, 2008, these procedures, when done according has prohibited commercial fishing for personal communication). The Yurok to accepted protocols, result in minimal sturgeon since 1917. While these and Hoopa Tribes harvest green short-term stress to the fish and do not emergency and permanent rules offer sturgeon in the Klamath River in result in lethal take. Important scientific Southern DPS fish protection, it is California, but most of the fish are unclear whether the state closures will believed to be Northern DPS green information (e.g., genetic, pathologic, remain in effect over the long-term and sturgeon (J. Israel, UC Davis, 2006, taxonomic, meristic) is also gathered ultimately what overall effect the unpublished data). Overall, the take of from already dead individuals, thereby closures will have on the Southern DPS. green sturgeon in tribal fisheries has providing valuable data without putting Commercial groundfish trawl fisheries been low compared to non-tribal the species at further risk. occurring in coastal waters along the fisheries. Measures that may be Enforcement of the ESA and its West coast of North America take green implemented to conserve the Southern implementing regulations is an essential sturgeon. Fish are primarily caught as DPS include a commitment by the component of protecting and recovering

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species once they are listed. 15 each year to allow fish passage and Thus, Southern DPS eggs or embryos Enforcement of this proposed regulation the protection and restoration of may be taken due to habitat-altering for the Southern DPS of green sturgeon spawning and rearing habitat along the activities that increase input of fine may involve take. For example, when Sacramento River, bays, and the sediments or runoff into spawning or acting in the course of his or her official Sacramento-San Joaquin Delta. rearing habitat. The effect that increased duties, a NMFS enforcement agent However, when the gates are raised, input of fine sediments or runoff has at investigating an alleged ESA take green sturgeon may become disoriented the individual, population and species violation may need to collect a Southern or suffer injuries due to the high levels will depend on the temporal and DPS fish or samples thereof as evidence velocity of water passing under the gates spatial extent of habitat change. The of the violation. (M. Tucker, NMFS, 2007, personal only way to determine this is to analyze communication). Between May 18 and particular activities on a case-by-case Emergency Rescue and Salvage June 10, 2007, carcasses of 10 adult basis. Activities Southern DPS fish (168–226 cm total The filling in or isolation of stream Emergency fish rescue activities, length) were found at (n=2) or channels, side channels, and including aiding sick, injured, or downstream (n=8) of RBDD (E. intermittent waters may destroy or block stranded fish, disposing of dead fish, or Campbell, USFWS, 2007, unpublished access to rearing habitats, or impede or salvaging dead fish for use in scientific data). Locations of the retrieved delay downstream migration by studies, are forms of take. Rescue carcasses and necropsy results suggest trapping larvae and juveniles that have activities would benefit the Southern that the fish suffered mortality due to entered these areas. Activities that fill in DPS in the event of emergency injuries inflicted by the gates at RBDD. or isolate waters include, but are not situations that result from natural Installation of adequate fish passage limited to, the installation of tide gates, disasters or national defense or security facilities, modification of existing culverts, and debris- or sediment- emergencies (see 50 CFR 402.05). passage facilities, or other provisions to trapping road crossing structures. These Activities such as the rescue of fish specifically aid sturgeon passage at activities and their effects are a concern stranded behind a man-made barrier dams and diversions, and application of for listed salmon and steelhead and may (e.g., weirs, nets, dams) are not other mitigation measures, such as also affect larval and juvenile Southern considered emergency fish rescue salvage operations, would contribute to DPS fish. However, we currently lack activities and should be subject to the protection of the Southern DPS. the information needed to quantitatively NMFS ESA review. The elimination, obstruction, or delay assess these effects. Although relatively Habitat-altering Activities of downstream passage is a concern for large numbers of juveniles have been larval and juvenile stages of the collected in shallow areas of the Santa Dams and water diversion structures Southern DPS, as are habitat-altering Clara shoal in the Sacramento-San have caused the elimination, activities that destroy, modify, or curtail Joaquin Delta (Radtke, 1966), the use of obstruction, or delay of passage for spawning or rearing habitats for egg, stream channels, side channels, and green sturgeon and other sturgeon larval, or juvenile stages. Specific intermittent waters as rearing habitat by species and may reduce body condition concerns include, but are not limited to: green sturgeon larvae and juveniles has and reproductive success. For example, increased sediment input or runoff into not been documented. Information dams and water diversion structures streams; filling in or isolation of stream regarding the use of these habitats by have been observed to obstruct or channels, side channels, and early life stages of green sturgeon is disrupt the upstream spawning intermittent waters; direct removal or needed. migrations of shortnose sturgeon in the alteration of physical structures; and Direct removal or alteration of lower Cape Fear River, NC (Moser and obstruction of downstream migration. physical structures essential to the Ross, 1995). White sturgeon have also Increased input or runoff of fine integrity and function of the Southern been found stranded behind the sediments into streams may result from DPS’s spawning or rearing habitat, Fremont Weir in the Yolo Bypass, CA a number of activities including, but not including rocks, soil, gravel, and (Harrell and Sommer, 2006). limited to, mining, logging, farming, vegetation, may adversely affect the Disruptions in migration may cause fish grazing, and bridge and road growth and survival of larvae and to stop their upstream migration or may construction. Increased erosion and juveniles. Green sturgeon likely use delay access to spawning habitats sediment input or runoff into streams specific substrate types at different life (Moser and Ross, 1995). The inability to caused by land use and other human stages, but observations of early life reach spawning habitats may cause fish activities have been found to reduce the stages of green sturgeon in the field are to spawn in habitats of lower quality, survival and successful development of lacking. Studies suggest that spawning resulting in decreased recruitment eggs and embryos of salmon and other most likely occurs over cobble (Cooke and Leach, 2004). Several dams fish species (Scrivener and Brownlee, substrates that provide crevices and and water diversion structures exist 1989; Owen et al., 2005). The effects on cover for eggs (Kynard et al., 2005; along the spawning migration route of green sturgeon eggs and embryos are Nguyen and Crocker, 2006). However, in the Southern DPS and would be likely to be similar. Green sturgeon eggs a laboratory study of substrate use by expected to have detrimental effects are large and dense and likely sink into post-hatch larval green sturgeon, growth similar to those observed in surrogate rock crevices or attach to hard surfaces and survival was greatest in flat slate- species. Fish passage studies at the Red (Deng et al., 2002; Kynard et al., 2005). rock substrates that provided cover and Bluff Diversion Dam (RBDD) in the Once hatched, green sturgeon embryos sufficient foraging opportunities Sacramento River show that the RBDD remain near the bottom and use rocks as (Nguyen and Crocker, 2006). Survival blocks the upstream migration of the cover (Kynard et al., 2005). Excess fine was low in cobble substrates, because Southern DPS when the gates are sediments can compromise successful larvae became trapped in crevices and lowered between May 15 and September development by burying already- died; whereas in sand substrates, the 15 (Heublein et al., 2006; Brown, 2007). deposited eggs , reducing interstitial cause of lower survival and growth was Mitigation measures have been dissolved oxygen available for eggs attributed to the ingestion of sand implemented, including the raising of (Scrivener and Brownlee, 1989), or particles similar in size to food particles RBDD gates from September 15 to May filling areas used by embryos for cover. (Nguyen and Crocker, 2006). Juveniles

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likely use deep pool habitats with rock of habitat-altering activities such as Gaines and Martin, 2002), adjustments structure during the winter (Kynard et barrier removal or modification to in the timing of operations, and al., 2005). Removal or alteration of these restore natural water flows, river and continuation of fish salvage operations, physical structures (i.e. cobble for estuarine bed restoration, natural bank where applicable, would help minimize spawning and egg development; flat protection, restoration of native and mitigate entrainment of Southern rock for larval rearing; deep pool vegetation, removal of non-native DPS fish at water diversions. habitats with rock structure for juvenile species, and removal of contaminated Evidence exists for the impingement rearing) may reduce spawning or rearing sediments have been used to reestablish of green sturgeon in the operation of success rates. Information regarding the natural river and estuarine functions coastal power plants using cooling use of spawning habitats by Southern over the long-term. Although take of water intake systems. Two juvenile DPS early life stages and the effects of green sturgeon could potentially occur green sturgeon were impinged and died removing or altering physical during the course of completing on cooling water intake screens at the components of Southern DPS spawning restoration activities, we do not have now retired Contra Costa Plant Units 1– habitat on recruitment success is evidence that these types of activities 5 in 1978–1979 and at the Moss Landing needed. have taken the Southern DPS or a Power Plant in 2006 (C. Raifsnider and The construction and maintenance of surrogate species. It is likely that these J. Steinbeck, Tenera Environmental, dams and water diversion structures activities are important to the 2006, personal communication). Current may impede or delay downstream conservation and recovery of the conservation efforts include the migration and alter habitats important to Southern DPS. installation of screens to reduce larval and juvenile stages of the entrainment, studies of fish Southern DPS. Dams and water Entrainment and Impingement Risks impingement and entrainment at power diversions may block downstream The operation of water diversions, plants, and laws that require the migration of larvae and juveniles, unless power generating projects, and dredging minimization of fish impingement and fish transport or bypass facilities exist. activities pose entrainment and entrainment. Other actions that can be Passage across dams and water impingement threats to all life stages of taken to reduce impingement and diversion structures may also disorient the Southern DPS. We define entrainment include altering the time of or injure larvae and juveniles and make entrainment to mean the incidental day when water intake pumps are them more vulnerable to predation, as trapping of any life stage of fish within operated, altering the velocity of water has been observed for juvenile waterways or structures that carry water intake, and the use of alternative cooling salmonids at RBDD (Bigelow and being diverted for anthropogenic use. systems that do not require water intake. Johnson, 1996; Gaines and Martin, We define impingement to mean the Dredging operations in freshwater 2002). The actual construction of dams entrapment of any life stage of fish on rivers, bays, and estuaries where and water diversion structures may the outer part of any structure (e.g., Southern DPS fish occur may pose cause increased erosion and intake structures, screening devices) entrainment risk. Although entrainment sedimentation and disrupt or alter that separates water traveling a natural of green sturgeon in dredging operations physical structures in spawning or course of passage from water that is has not been documented, the effects rearing habitats, with effects as being diverted for anthropogenic use. could be significant. Approximately two described in the previous paragraphs. Unscreened water diversions number in thousand juvenile white sturgeon were While existing laws require mining, the hundreds to thousands in the entrained during operation of a large timber harvest, and other resource use Sacramento River and the Sacramento- suction dredge in the lower Columbia plans to address erosion and other San Joaquin Delta (Herren and River (Buell, 1992). Juvenile green adverse impacts on stream habitats, Kawasaki, 2001). Factors that determine sturgeon would be expected to face these laws may not be adequate to the entrainment risk of fish at diversions similar entrainment risks from dredging protect the Southern DPS. Additional include the location and size of fish. A operations because they are also bottom- measures that would help reduce study of fish entrainment at an oriented and occur in habitats similar to potential adverse impacts on Southern unscreened diversion in the Sacramento white sturgeon. Long-term management DPS fish are: (1) protection of riparian River documented entrainment of fish strategies for San Francisco Bay habitat by limiting activities that cause ranging in size from 9 to 59 mm fork dredging operations have established erosion, sediment input or runoff into length (FL) in July 2000 and 2001 regional environmental work windows, streams, or roadway and other linear (Nobriga et al., 2004). Green sturgeon or periods of time when certain fish development near or across streams; (2) were not among the species documented species are not likely to be present in a construction of fish protection and in the study, but Southern DPS larvae location. Currently, it is believed that passage facilities; and (3) limiting the and small juveniles within the size Southern DPS juveniles reside in San temporal and/or spatial scopes of range of 9–59 mm FL occur in the Francisco, Suisun, and San Pablo bays habitat alteration activities that occur in Sacramento River at that time of year year-round so environmental work and near spawning and rearing and are believed to also be at risk of windows will likely not be effective in locations. entrainment at unscreened diversions. reducing the risks of dredging Entrainment of juvenile green sturgeon operations to the Southern DPS in these Habitat Restoration has been documented at the state and locations. However, the use of specific The primary purpose of habitat Federal fish facilities in the south types of dredging equipment with restoration is to restore natural aquatic Sacramento-San Joaquin Delta, where modified designs would reduce the or riparian habitat conditions or fish are salvaged before they enter the entrainment risk to Southern DPS fish processes over the long-term. pumps (Adams et al., 2006). Programs to from dredging operations. Specifically, we define habitat install fish screens at water diversions restoration as the process of are being implemented and many major Pesticides and Discharge of Pollutants reestablishing a self-sustaining habitat diversions have already been screened. The application of pesticides adjacent that closely resembles natural Installation of fish screens, construction to or within waterways that contain any conditions in terms of structure and of bypass and other fish protection life stage of the Southern DPS may function for the Southern DPS. A variety facilities (Bigelow and Johnson, 1996; adversely affect their growth and

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reproductive success. Several pesticides quality standards may be required to endangered species taken in violation of have been detected in the Sacramento minimize adverse impacts on the 9(a)(1)(A) and 9(a)(1)(C); ESA section River Basin at levels that are likely to be Southern DPS. 9(a)(1)(E) states that it is illegal to harmful to aquatic life (Domagalski et deliver, receive, carry, transport, or ship Non-native Species Introductions al., 2000). The accumulation of in interstate or foreign commerce by any industrial chemicals and pesticides Non-native species are a continuing means whatsoever and in the course of such as polychlorinated biphenyls problem in freshwater rivers and coastal a commercial activity, endangered (PCBs), dichloro-diphenyl- bays and estuaries and may affect the species; ESA section 9(a)(1)(F) states trichloroethanes (DDTs), and chlordanes Southern DPS through trophic that it is illegal to sell or offer for sale in white sturgeon gonad, liver, and interactions. Introduced species, such as in interstate or foreign commerce, muscle tissues affects growth and striped bass in the Sacramento River endangered species; and ESA section reproductive development and results and the Sacramento-San Joaquin Delta, 9(a)(1)(G) states that it is illegal to in lower reproductive success (Fairey et may prey on green sturgeon. Non-native violate any regulation pertaining to al., 1997; Foster et al., 2001a; Foster et species may also replace prey species of endangered species or to any threatened al., 2001b; Kruse and Scarnecchia, 2002; green sturgeon and result in greater species of fish or wildlife listed Feist et al., 2005; Greenfield et al., bioaccumulation of contaminants. For pursuant to section 4 of the ESA and 2005). Green sturgeon are believed to example, Potamocorbula amurensis, a promulgated by the Secretary pursuant experience similar risks from non-native bivalve, has become to authority provided by the ESA. contaminants, although their exposure widespread in the San Francisco Bay These prohibitions are necessary and may be reduced because a greater and the Sacramento-San Joaquin Delta advisable for the conservation of the proportion of their subadult and adult and has replaced other common prey Southern DPS because human ‘‘take’’ lives are spent in marine waters (70 FR items for white sturgeon. P. amurensis via activities including, but not limited 17386, April 6, 2005). Pesticides may is an efficient bioaccumulator of to, detrimental habitat alteration, also indirectly affect green sturgeon selenium, a reproductive toxin that modification, and curtailment; fisheries through effects on their prey species. causes deformities in embryos and catch and bycatch; application of For example, green sturgeon are reduced hatchability of eggs, and has pesticides, toxic chemicals, or other believed to enter Willapa Bay to feed on been linked with increased selenium pollutants adjacent to or within burrowing ghost shrimp (Neotrypaea levels in white sturgeon (Linville et al., waterways; entrainment or impingement californiensis), which have declined in 2002). P. amurensis has also been of eggs or fish during water diversion abundance due to the deliberate identified in the gut contents of at least operations, dredging, or power application of carbaryl (Moser and one green sturgeon (CDFG, 2002). Non- generation; unnecessary collection or Lindley, 2006). native species may also alter the handling; and introduction of non- The discharge or dumping of toxic Southern DPS’ habitat or compete with native species that disrupt trophic chemicals or other pollutants into the Southern DPS for space or food. pathways, has contributed to the decline waters and areas where Southern DPS Although existing laws prohibit the of the Southern DPS and is likely to fish occur would be expected to reduce release of non-native species into the impede its conservation and recovery. their growth and reproductive success. environment, accidental and intentional Exceptions, Criteria for Exceptions, and Pollutants including mercury, selenium, introduction of non-native species Reporting Requirements and arsenic have been detected in white remains a problem. Eradication sturgeon gonad, liver, and muscle programs for non-native species, We propose exceptions to the ESA tissues and are believed to affect growth, increased public education and section 9(a)(1)(B) and 9(a)(1)(C) reproductive development, and outreach, and increased fines or prohibitions (the ‘‘take prohibitions’’) reproductive success (Fairey et al., penalties for the release of non-native for specific activities. These proposed 1997; Davis et al., 2002; Kruse and species would help to alleviate this exceptions encompass specific activities Scarnecchia, 2002; Greenfield et al., problem. that may be excluded from the take 2005; Webb et al., 2006). Again, the prohibitions for the Southern DPS Proposed 4(d) Protective Regulations through the relatively informal effects on green sturgeon are likely to be for the Southern DPS similar. coordination process described below. Under the Federal Clean Water Act, We propose to apply the prohibitions In determining that it is necessary and acceptable levels for contaminants in listed under ESA sections 9(a)(1)(A) advisable to not impose take waterways have been established by the through 9(a)(1)(G) for the Southern DPS, prohibitions on certain activities, we are States and the U.S. Environmental including all the ESA section 9(a)(1)(B) mindful that new information may Protection Agency (EPA). Entities must and 9(a)(1)(C) prohibitions (the ‘‘take require a reevaluation of that conclusion also obtain National Pollutant Discharge prohibitions’’) except for specific at any time. For any of the exceptions Elimination System (NPDES) permits to activities described below (see to the take prohibitions described discharge contaminants. However, Exceptions, Criteria for Exceptions, and below, we would evaluate on a regular NPDES permits are not required for Reporting Requirements). ESA section basis the effectiveness of the activities irrigated agriculture and agricultural 9(a)(1)(A) states that it is unlawful to in conserving and protecting the stormwater runoff. Furthermore, the import or export endangered species Southern DPS. If the activities are not national standards for use of pesticides into or from the United States; ESA effective in conserving and protecting and toxic substances may not be section 9(a)(1)(B) states that it is illegal the Southern DPS, we would identify conservative enough to adequately to take endangered species within the ways in which the activities need to be protect the Southern DPS as was found United States or the territorial sea of the altered or strengthened. For habitat- for listed salmonids in recent draft and United States; ESA section 9(a)(1)(C) related exceptions to the take final jeopardy biological opinions states that it is illegal to take endangered prohibitions, changes may be required if issued by NMFS to the EPA (NMFS species upon the high seas; ESA section the activities are not achieving desired 1998, NMFS 2000, NMFS 2008). Thus, 9(a)(1)(D) states that it is illegal to habitat functionality or the habitat is not programs to aid agricultural producers possess, sell, deliver, carry, transport, or supporting population productivity in meeting NMFS-imposed water ship, by any means whatsoever, levels needed to conserve the Southern

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DPS. If the responsible agency does not 7(a)(2) in order to ensure that the action habitat; an estimate of the amount of make changes to respond adequately to will not jeopardize the continued incidental take of the listed species that the new information, we would publish existence of the threatened Southern may occur and a description of how that notification in the Federal Register DPS. estimate was made; a plan for effective announcing the intention to impose take (2) Enforcement activities when an monitoring and adaptive management; a prohibitions on those activities. Such an employee of NMFS, acting in the course pledge to use best available science and announcement would provide for a of his or her official duties, takes the technology when conducting restoration comment period of not less than 30 Southern DPS without a permit, if such activities; and a point of contact; (c) days, after which we would make a final action is necessary for purposes of progress reports that include the total determination whether to extend the enforcing the ESA or its implementing number of Southern DPS taken, ESA section 9(a)(1)(B) and (C) take regulations. information regarding whether the take prohibitions to the activities. We (3) Emergency fish rescue and salvage was lethal or non-lethal, a summary of propose that take of the Southern DPS activities that include aiding sick, the status of the project, and any not be prohibited during the course of injured, or stranded fish, disposing of changes in the methods being the following activities: dead fish, or salvaging dead fish for use employed, must be submitted to NMFS in scientific studies, if they adhere to all (1) Federal, state or private-sponsored on a schedule to be determined by of the following: (a) the activity must research or monitoring activities if they NMFS staff; (d) activities that involve comply with required state or other adhere to all of the following: (a) the action, permitting or funding by a Federal reviews or permits; (b) activities activity must comply with required state federal agency must still comply with may only be conducted by an employee reviews or permits; (b) the research or the requirements of ESA section 7(a)(2) or designee of NMFS or the U.S. Fish in order to ensure that the action will monitoring activity must be directed at and Wildlife Service (USFWS), any the Southern DPS and not be incidental not jeopardize the continued existence Federal land management agency, or of the threatened Southern DPS. to research or monitoring of another California Department of Fish and Game species; (c) take of live mature adults in (CDFG), Oregon Department of Fish and Exemptions Provided by NMFS- the lower Feather River from the Wildlife (ODFW), Washington approved ESA 4(d) Programs confluence with the Sacramento River Department of Fish and Wildlife We propose exemptions from the take to the Oroville Dam (rkm 116), the lower (WDFW), or Alaska Department of Fish prohibitions for certain activities Yuba River from the confluence with and Game (ADFG); (c) the emergency included within a NMFS-approved 4(d) the Feather River to the Daguerre Dam rescue may only occur because of program. Activities included in a 4(d) (rkm 19), or Suisun, San Pablo, and San situations that result from natural program would be excused from the Francisco Bays or the Sacramento-San disasters, national defense, or security take prohibitions for the Southern DPS Joaquin Delta from the Golden Gate emergencies (see 50 CFR 402.05); (d) the through a formal NMFS 4(d) program Bridge up into the Sacramento River to emergency rescue must benefit the approval process described below. Keswick Dam (rkm 483) may only occur Southern DPS; (e) a report must be ESA 4(d) Program for Commercial and from July 1 through March 1 so as to submitted to NMFS that includes, at a Recreational Fishery Management substantially increase the likelihood minimum, the number and status of fish that uninterrupted upstream spawning handled and the location of rescue and/ Take of green sturgeon in commercial migrations of adults will occur; (d) take or salvage operations within 30 days and recreational fisheries activities must be non-lethal; (e) take involving after conducting the emergency rescue. would be allowed if fisheries activities the removal of any life stage of the (4) Habitat restoration activities, were conducted under approved Southern DPS from the wild must not including barrier removal or Fisheries Management and Evaluation exceed 60 minutes; (f) take must not modification to restore water flows, Plans (FMEPs). We expect that, in many involve artificial spawning or riverine or estuarine bed restoration, cases, fisheries will have acceptably enhancement activities; (g) a description natural bank stabilization, restoration of small impacts on the threatened of the study objectives and justification, native vegetation, removal of non-native Southern DPS as long as state fishery a summary of the study design and species, or removal of contaminated management programs are specifically methodology, estimates of the total non- sediments, that reestablish self- tailored to meet certain criteria. NMFS- lethal take of Southern DPS fish sustaining habitats for the Southern approved FMEPs must address limiting anticipated, estimates of incidental take DPS, if they adhere to all of the take of green sturgeon in order to protect of other ESA listed species anticipated following: (a) compliance with required the listed entity, the Southern DPS. We and proof that those takes have been state and Federal reviews and permits; consider this necessary because authorized by NMFS or the USFWS, (b) a detailed description of the discrimination between the non-listed identification of funding sources, and a restoration activity sent to NMFS at Northern DPS and listed Southern DPS, point of contact must be reported to least 60 days prior to the start of the via gear specificity, visual indicators, NMFS at least 60 days prior to the start restoration project which includes: the spatial distribution, etc., is not currently of the study, or for ongoing studies geographic area affected; when activities possible. In order for NMFS to exempt within 60 days after publication of the will occur; how they will be conducted; commercial or recreational fishing final rule; (h) reports that include the and the severity of direct; indirect, and activities from the take prohibitions, an total number of Southern DPS and any cumulative impacts of activities on the FMEP must: (1) prohibit retention of other ESA listed species taken, Southern DPS; identification of funding green sturgeon (i.e. zero bag limit); (2) information that supports that take was sources; demonstration that all state and set maximum incidental take levels; (3) non-lethal, and a summary of the project federal regulatory requirements have include measures to minimize results must be submitted to NMFS on been met; a description of methods used incidental take of green sturgeon (e.g., a schedule to be determined by NMFS to ensure that the likelihood of survival temporal/spatial restrictions, size, gear); staff; (i) research or monitoring that or recovery of the listed species is not (4) provide a biologically based involves action, permitting or funding reduced; a plan for minimizing and rationale demonstrating that the by a federal agency must still comply mitigating any adverse impacts to incidental take management strategy with the requirements of ESA section Southern DPS spawning or rearing will not significantly reduce the

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likelihood of survival or recovery of the impacts on the threatened Southern DPS conducted as part of a state 4(d) Southern DPS; (5) include effective and propose that if the tribes, either research program must meet existing monitoring and evaluation plans; (6) singly or jointly, develop tribal resource state and federal laws and regulations provide for evaluating monitoring data management plans for the Southern and would include research and and making revisions to the FMEP; (7) DPS, or incorporate the Southern DPS monitoring projects conducted by state provide for effective enforcement and into existing tribal resource employees or by recipients of state education; and (8) report the amount of management plans, that current and fishery agency-issued permits incidental take and summarize the future tribal activities are not likely to (including Federal and non-Federal effectiveness of the FMEP to NMFS on appreciably reduce the likelihood of entities), that directly or incidentally a biannual basis. If we find that an survival and recovery of the species. take Southern DPS green sturgeon. We FMEP meets these criteria, we would A tribe intending to exercise a tribal find that in carrying out their issue a letter of concurrence to the State right to fish or undertake other resource responsibilities to manage state that sets forth the terms of the FMEP’s management actions that may impact fisheries, state agencies are conducting implementation and the duties of the the threatened Southern DPS could or sponsoring research vital for parties pursuant to the FMEP. create a tribal resource management improving our understanding of the Section 9(a)(1)(B) and (a)(1)(C) take plan (Tribal Plan) that would assure that status and risks facing the Southern DPS prohibitions would not apply to ongoing those actions would not appreciably and other listed species that occur in commercial and recreational fisheries reduce the likelihood of survival and overlapping habitat, and provide critical activities after publication of the final recovery of the species. The Secretary information for assessing the rule, for up to 120 days, if a letter of would stand ready to the maximum effectiveness of current and future intent to develop an FMEP addressing extent practicable to provide technical management practices. green sturgeon has been received by assistance to any tribe that so requests State 4(d) research programs have NMFS within 30 days after the final rule in examining impacts on the listed been developed and implemented in is published in the Federal Register. Southern DPS and in the development California, Oregon, and Washington for The exemption will be suspended if the of Tribal Plans that meet tribal listed West coast salmon and steelhead letter of intent is rejected without management responsibilities and needs. and are consistent with ESA further review of an FMEP. If the letter In making a determination whether a requirements for research-related take of of intent is received within 30 days of Tribal Plan will appreciably reduce the these listed species. The Southern DPS publication of the final 4(d) rule in the likelihood of survival and recovery of would most likely be incorporated into Federal Register, a final FMEP must be the threatened Southern DPS, the the existing state 4(d) research programs received by NMFS within 120 days from Secretary, in consultation with the tribe, established for listed salmon and the date of receipt of the letter of intent. would use the best available scientific steelhead. Otherwise, the state would be Ongoing commercial and recreational and commercial data (including careful required to prepare a program and fisheries activities may continue until consideration of any tribal data and submit it to NMFS for approval. NMFS NMFS issues a letter of concurrence (or analysis) to determine the Tribal Plan’s may approve the program or return the denial) for final FMEPs. impact on the biological requirements of program to the state agency for revision. Once an FMEP has been submitted to the species. The Secretary would also In general, we conclude that as long NMFS for review, NMFS will: (1) assess the effect of the Tribal Plan on as state biologists and cooperating provide a public comment period (≥ 30 survival and recovery in a manner agencies carefully consider the benefits days) before approval of new or consistent with tribal rights and trust and risks of activities included in a state amended FMEPs; (2) provide a letter of responsibilities. Before making a final 4(d) research program, such programs concurrence for approved FMEPs that determination, the Secretary would seek would help streamline the take specifies the implementation and comment from the public on his authorization process for researchers, reporting requirements; (3) evaluate pending determination whether or not state agencies, and NMFS by allowing FMEPs on a regular basis and identify implementation of a Tribal Plan will state fishery agencies to maintain changes that would improve their appreciably reduce the likelihood of primary responsibility for coordination effectiveness; and (4) provide a public survival and recovery of the listed and oversight of research activities. comment period (≥ 30 days) before Southern DPS. The Secretary would Each year, researchers would be withdrawing approval of an FMEP. publish notification in the Federal required to submit research applications to the state fishery agency preferably ESA 4(d) Program for Tribal Fishery Register of any determination regarding a Tribal Plan and the basis for that through the NMFS online application Management determination. website Authorizations and Permits for Fishery harvest or other activities Protected Species (APPS) at https:// conducted by a tribe, tribal member, ESA 4(d) Program for Scientific apps.nmfs.noaa.gov. Research tribal permittee, tribal employee, or Research and Monitoring Activities applications must include, at a tribal agent in Willapa Bay, WA, Grays State-coordinated research activities minimum, the following information: Harbor, WA, Coos Bay, OR, Winchester for scientific research or enhancement (1) an estimate of the total direct or Bay, OR, Humboldt Bay, CA, and any purposes that do not fall into the incidental take of Southern DPS fish other area where tribal treaty fishing exception category described above (see that is anticipated; (2) a description of occurs are eligible to obtain take Exceptions, Criteria for Exceptions, and the study design and methodology; (3) authorization via the same method Reporting Requirements) may receive an a justification for take of Southern DPS outlined in the NMFS final rule for exemption from the take prohibitions fish and the techniques to be employed; authorizing take of threatened salmon for the Southern DPS for activities and (4) a point of contact. The state and steelhead for actions under tribal included in a state-sponsored, ESA- agency would have access, via NMFS, to resource management plans (July 10, compliant, scientific research program the submitted applications, evaluate and 2000; 65 FR 42481). This method has between state fishery agencies (i.e., determine which projects are eligible for been modified below for the Southern CDFG, ODFW, WDFW, or ADFG) and inclusion under the program, and DPS. We consider current tribal fishing NMFS, hereafter referred to as a state approve or deny individual project activities to have acceptably small 4(d) research program. Activities applications. Once the state agency

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review is complete, the state agency that does not jeopardize the case-by-case basis through interagency would be required to provide for NMFS’ conservation and recovery of the consultation as prescribed by ESA review and approval a list of project Southern DPS. section 7. All other activities (i.e., those applications approved for possible Section 9(a)(1)(B) and 9(a)(1)(C) take not federally funded, authorized, or inclusion in a 4(d) research program for prohibitions would not apply to ongoing implemented) that may require take the coming year. After our review of the state-supported scientific research and authorization, and are not covered applications and follow-ups with the enhancement activities seeking take under Exceptions, Criteria for researchers to address concerns if authorization of the Southern DPS fish Exceptions, and Reporting necessary, we would analyze effects of through a state 4(d) program, if the Requirements or Exemptions Provided the activities on the Southern DPS. above information is provided to NMFS, by NMFS-approved 4(d) Programs Finally, we would complete the ESA preferably through the NMFS online above, will be examined on a case-by section 7 consultation and NEPA application website Authorizations and case basis as prescribed by ESA section documentation and issue an approval Permits for Protected Species (APPS) at 10. letter to the state fishery agency https://apps.nmfs.noaa.gov , within 120 Federal, state and private-sponsored confirming that the research activities days after publication of the final 4(d) research activities for scientific research covered within the 4(d) research rule. The take prohibitions would take or enhancement purposes that are not program are exempt from the ESA take effect if the state 4(d) program package covered under Exceptions, Criteria for prohibitions. A section 10 permit is not is rejected as insufficient or is denied. Exceptions, and Reporting issued. Researchers have to comply with If the state 4(d) research program Requirements or Exemptions Provided the conditions of the 4(d) research package is received no later than 120 by NMFS-approved 4(d) Programs program and must submit an annual days after publication of the final 4(d) above, may take Southern DPS fish report, preferably through the NMFS rule, ongoing state-supported scientific pursuant to the specifications of an ESA online application website research activities may continue until section 10 permit. Section 9(a)(1)(B) and Authorizations and Permits for NMFS issues a written decision of (a)(1)(C) take prohibitions would not Protected Species (APPS) at https:// approval or denial. apply to ongoing research activities if an apps.nmfs.noaa.gov. The annual report application for an ESA section 10 Take Authorizations Provided By ESA must include, for each project: (1) a (a)(1)(A) permit is received by NMFS no Sections 7 or 10 summary of the number of green later than 120 days after publication of sturgeon taken directly or incidentally; Federally funded, authorized, or the final 4(d) rule. The take prohibitions and (2) a summary of the results of the implemented activities that may require would take effect if the permit project, in order for NMFS to evaluate take authorization (see Proposed 4(d) application is rejected as insufficient or the effects of the research project on the Protective Regulations for the Southern a permit is denied. If the permit Southern DPS. We would continue to DPS), and are not covered under application is received no later than 120 work with the state fishery agencies to Exceptions, Criteria for Exceptions, and days after publication of the final 4(d) ensure authorized research involving Reporting Requirements or Exemptions rule, ongoing research activities may listed Southern DPS fish is both Provided by NMFS-approved 4(d) continue without take prohibitions until coordinated and conducted in a manner Programs above, will be examined on a NMFS issues or denies a permit.

TABLE 1. EVALUATION OF ACTIVITIES THAT MAY OCCUR THROUGHOUT THE AREA AFFECTED BY THE PROPOSED PROHIBITIONS FOR SOUTHERN DPS FISH, EGGS OR LARVAE.

Protective/ Methods of Take Au- Take of Conser- Take Au- thorization Activity Take Surrogate vation Meas- thorization ESA sec- Species ures or Ben- Necessary tion 7 or 4(d) Pro- efits 10 gram

Fishing

Commercial Y Y Y Y Y

Recreational Y Y Y Y Y

Tribal Y Y Y Y Y

Poaching N Y N N/A N N

Collection or Handling

Research/monitoring

Federal, State or Private-sponsored (compliant with Excep- Y Y N tions)

State-sponsored (outside scope of Exceptions) Y Y Y Y Y

Federal or Private-sponsored (outside scope of Exceptions) Y Y Y Y N

Emergency Rescue (compliant with Exceptions) N Y Y N

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TABLE 1. EVALUATION OF ACTIVITIES THAT MAY OCCUR THROUGHOUT THE AREA AFFECTED BY THE PROPOSED PROHIBITIONS FOR SOUTHERN DPS FISH, EGGS OR LARVAE.—Continued

Protective/ Methods of Take Au- Take of Conser- Take Au- thorization Activity Take Surrogate vation Meas- thorization ESA sec- Species ures or Ben- Necessary tion 7 or 4(d) Pro- efits 10 gram

Emergency Rescue (outside scope of Exceptions) N Y N Y Y N

Detrimental Habitat-Altering Activities

Activities that Eliminate, Obstruct, or Delay Passage

Dam installation, repair, modification, operation Y Y Y Y N

Diversion installation, repair, modification, operation Y Y Y Y N

Activities that Destroy, Modify, or Curtail Spawning or Rearing Habitat

Input of fine sediments/runoff N Y Y Y Y N

Dam installation, repair, modification, operation Y Y Y Y N

Diversion installation, repair, modification, operation Y Y Y Y N

Filling/isolation of channels/intermittent waters N N Y Y Y N

Removal/alteration of physical structure that provides N N Y Y Y N spawning/rearing habitat

Habitat Restoration (compliant with Exceptions)

Barrier removal/modification to restore flows N N Y N

Riverine or estuarine bed restoration N N Y N

Natural bank protection N N Y N

Restoration of native vegetation N N Y N

Removal of non-native species N N Y N

Removal of contaminated sediments N N Y N

Habitat Restoration (outside scope of Exceptions) N N N Y Y N

Entrainment/Impingement

Water diversions Y Y Y Y N

Power generating projects Y Y Y Y N

Dredging N Y Y Y Y N

Pesticide/Pollutant Discharge N Y Y Y Y N

Non-native Species Introductions N Y Y N/A N N Note: Evidence of take of the Southern DPS during the course of an activity is indicated (yes or no; Y or N); if there is no such evidence, then evidence of take of a surrogate species is indicated (Y or N). Existence of protective/conservation measures to minimize take of Southern DPS fish during the course of the activity or to benefit the Southern DPS is indicated (Y or N). Based on best available information and expert opinion, whether an activity requires take authorization (Y or N) or is illegal according to other laws and therefore cannot be authorized (N/A), and wheth- er methods for allowing take resulting from a particular activity exist through ESA sections 7 or 10 or through a proposed ESA section 4(d) Pro- gram (Y or N). This is not an exhaustive list of all activities that occur throughout the area affected by the proposed take prohibitions. Please see Proposed 4(d) Protective Regulations for the Southern DPS for the full range of activities for which NMFS is proposing to prohibit take.

Under section 9(b)(1) of the ESA, this proposed regulation, provided that proposed regulation would, however, Southern DPS fish held in captivity or holding and any subsequent holding or apply to any progeny of Southern DPS a controlled environment prior to the use of the fish is not for commercial fish taken prior to listing. ESA listing are exempt from the activity. The burden of proof that Summary prohibitions of section 9(a)(1)(A) and Southern DPS fish were taken prior to (a)(1)(G) of the ESA and would therefore listing lies with the individual holding We propose to apply the section 9 also be exempt from the prohibitions of the animals. The prohibitions of this take prohibitions to the Southern DPS,

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while providing exceptions for some to the Chief, Protected Resources request (see ADDRESSES) or via the activities (i.e., some types of research/ Division, Attn: Melissa Neuman, internet at http://www.swr.noaa.gov. monitoring, enforcement, emergency Southwest Region, National Marine Classification rescue/salvage, and habitat restoration; Fisheries Service, 501 West Ocean see Exceptions, Criteria for Exceptions, Blvd., Suite 4200, Long Beach, CA Regulatory Flexibility Act and Reporting Requirements) that 90802–4213. The Regulatory Flexibility Act (RFA) NMFS finds will not impede, and in Peer Review (5 U.S.C. 601B612) was designed to most cases will promote, the ensure that agencies carefully assess conservation of the species. However, if In December 2004, the Office of whether aspects of a proposed the activity is federally funded, Management and Budget (OMB) issued regulatory scheme (record keeping, authorized or implemented it will still a Final Information Quality Bulletin for safety requirements, etc.) can be tailored be subject to NMFS review under the Peer Review (Peer Review Bulletin) to be less burdensome for small ESA jeopardy standard (i.e. ESA section establishing minimum peer review businesses while still achieving the 7(a)(2)). Apart from the subset of standards, a transparent process for agency’s statutory responsibilities. activities defined in Exceptions, Criteria public disclosure, and opportunities for When an agency proposes regulations, for Exceptions, and Reporting public input. The Peer Review Bulletin, the Regulatory Flexibility Act (RFA) (5 Requirements above, if the Southern implemented under the Information U.S.C. 601B612) requires the agency to DPS is anticipated to be taken during Quality Act (Public Law 106 554), is prepare and make available for public the course of an activity, several intended to provide public oversight on comment an initial regulatory flexibility methods may be pursued to obtain take the quality of agency information, analysis (IRFA) that describes the authorization depending on the specific analyses, and regulatory activities. The impact of the proposed rule on small circumstances of the activity. For text of the Peer Review Bulletin was businesses, nonprofit enterprises, local federally funded, authorized or published in the Federal Register on governments, and other small entities, implemented activities, the traditional January 14, 2005 (70 FR 2664). The Peer unless the agency is able to certify that method of seeking take coverage Review Bulletin requires Federal the action will not have a significant through ESA sections 7 or 10 exists. For agencies to subject ‘‘influential’’ impact on a substantial number of small activities that are not federally funded, scientific information to peer review entities. This proposed ESA 4(d) rule authorized or implemented, take prior to public dissemination. authorization may be obtained through has specific requirements for regulatory Influential scientific information is compliance and sets an enforceable ESA section 10, by establishing a defined as ‘‘information the agency NMFS-approved 4(d) program (i.e., for performance standard (do not take listed reasonably can determine will have or fish) when conducting specific activities commercial or recreational fishing does have a clear and substantial impact activities or state-sponsored research unless that activity is within a carefully on important public policies or private circumscribed set of activities on which outside the scope of those activities sector decisions,’’ and the Peer Review defined in Exceptions, Criteria for NMFS proposes not to impose the take Bulletin provides agencies broad prohibitions. Hence, the universe of Exceptions, and Reporting discretion in determining the Requirements) that adequately protects entities reasonably expected to be appropriate process and level of peer the Southern DPS, or by developing a directly or indirectly impacted by the review. The Peer Review Bulletin tribal resource management plan that prohibition is broad. establishes stricter standards for the will not appreciably reduce the Based on the language of the proposed peer review of ‘‘highly influential’’ likelihood of survival and recovery of 4(d) rule, as well as a review of existing scientific assessments, defined as the Southern DPS (see Exemptions section 7 consultations for the Southern information whose ‘‘dissemination Provided by NMFS-approved ESA 4(d) DPS of green sturgeon and co-existing could have a potential impact of more Programs). Take of the Southern DPS salmon and steelhead species, the IRFA than $500 million in any one year on due to poaching and non-native species identified the following activities that either the public or private sector or that introductions is illegal according to may be affected by this proposed rule: the dissemination is novel, existing state and/or federal laws, thus commercial, recreational and tribal controversial, or precedent-setting, or no method of take authorization is being fisheries; dams and water diversions; has significant interagency interest.’’ We proposed for these activities. power production (electric services and do not consider the scientific gas distribution); crop agriculture and Public Comments Solicited information underlying the proposed point source polluters (NPDES- We invite comments and suggestions protective regulations to constitute permitted activities); habitat-altering from all interested parties regarding the influential scientific information as activities; and in-water construction and proposed protective regulations for the defined in the Peer Review Bulletin. dredging activities. A great deal of Southern DPS under section 4(d) of the The information is not novel; similar uncertainty exists with regard to how ESA (see ADDRESSES). Data, information, information for listed salmonids whose potentially regulated entities will and comments that are accompanied by range substantially overlaps with that of attempt to avoid take of the Southern supporting documentation such as the Southern DPS has been used in DPS. This is caused by two factors: maps, logbooks, bibliographic support of protective regulations that relatively little data exist on green references, personal notes, and/or have been in existence for a number of sturgeon abundance and behavior, and reprints of pertinent publications are years. Therefore the agency expects the NMFS has a short history of managing helpful and appreciated. information to be non-controversial and the Southern DPS. In addition, the have minimal impacts on important spatial distribution of the Southern DPS Public Hearing public policies or private sector overlaps nearly entirely with habitat for The ESA provides for a pubic hearing decisions. salmon and steelhead species. Several on this proposal, if requested. Requests References key variables, such as whether current must be filed by the date specified in fish passage facilities and fish screens the DATES section above. Such requests A complete list of the references used designed to protect salmon species will must be made in writing and addressed in this proposed rule is available upon be considered adequate to provide

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passage for the Southern DPS over the the alternative contained in this impose substantial direct compliance long term, remain undetermined at this proposed rule and on whether there is costs on the communities of Indian time. Thus, while baseline protections a preferable alternative (including tribal governments within the range of are expected to be afforded to the alternatives not described here) that this DPS. Accordingly, the requirements Southern DPS on behalf of salmon and would meet the statutory requirements of section 5(b) and (c) of E.O. 13175 may steelhead species, the degree to which of ESA section 4(d). We also solicit apply to this proposed rule. Thus, we incremental measures would be information regarding the impact that intend to inform potentially affected required for the Southern DPS has not alternative would have on your tribal governments and to solicit their been determined. As such, the IRFA economic activity and why the input on the proposed rule and will does not provide estimates of total costs alternative is preferable. continue coordination and discussions of conservation measures likely to be with interested tribes as NMFS moves Executive Order (E.O.) 12866 - undertaken for the Southern DPS. toward a final rule. Regulatory Planning and Review Instead, the analysis characterizes E.O. 13132 - Federalism potential impacts on affected industries. The proposed ESA section 4(d) In formulating this proposed rule, we regulations addressed in this rule have E.O. 13132 requires agencies to take considered five alternative approaches, been determined to be not significant for into account any federalism impacts of described in more detail in the IRFA. the purposes of E.O. 12866. Section regulations under development. It These are: (1) a No Action Alternative 1(b)(12) of E.O. 12866 also requires each includes specific consultation directives where no ESA section 9(a)(1) agency to write regulations that are easy for situations where a regulation will prohibitions or any other protective to understand. We invite your preempt state law, or impose substantial regulations are applied to the Southern comments (see ADDRESSES) on how to direct compliance costs on state and DPS; (2) a Full Action Alternative where make this proposed rule easier to local governments (unless required by all ESA section 9(a)(1) prohibitions are understand, including answers to statute). Neither of those circumstances applied to the Southern DPS; (3) questions such as the following: (1) Are is applicable to this proposed rule. In Alternative A where the prohibitions the requirements in the rule clearly fact, this notice proposes mechanisms listed under ESA section 9(a)(1)(A) and stated? (2) Does the rule contain by which NMFS, in the form of 4(d) 9(a)(1)(D) through 9(a)(1)(G) are applied technical language or jargon that exceptions to take prohibitions, may to the Southern DPS and the take interferes with its clarity? (3) Does the defer to state and local governments prohibitions (ESA section 9(a)(1)(B) and format of the rule (grouping and order where they provide necessary 9(a)(1)(C)) are applied to specific of sections, use of headings, protections for the Southern DPS. categories of activities that either cause paragraphing, etc.) aid or reduce its Paperwork Reduction Act take of Southern DPS fish; (4) clarity? (4) Would the rule be easier to Alternative B (Proposed Action) where understand if it were divided into more Notwithstanding any other provision ESA section 9(a)(1) prohibitions are (but shorter) sections? (5) Is the of the law, no person is required to applied to the Southern DPS as in the description of the rule in the respond to, nor shall any person be Full Action Alternative, but with SUPPLEMENTARY INFORMATION section of subject to a penalty for failure to comply exceptions and exemptions for activities the preamble helpful in understanding with, a collection of information subject that NMFS has determined to be the rule? (6) What else could NMFS do to the requirements of the PRA, unless adequately protective of the Southern to make the rule easier to understand? that collection of information displays a DPS; and (5) Alternative C where the currently valid OMB Control Number. E.O. 12988 - Civil Justice Reform ESA section 9(a)(1) prohibitions are This proposed rule contains applied as described in Alternative A, We have determined that this collection-of-information requirements but with exceptions from the take proposed rule does not unduly burden subject to the Paperwork Reduction Act prohibitions (ESA section 9(a)(1)(B) and the judicial system and meets the (PRA) and which have been submitted 9(a)(1)(C)) for activities that NMFS has requirements of sections 3(a) and 3(b)(2) to OMB for review and approval. Public determined to be adequately protective of E.O. 12988. We are proposing reporting burden per response for this of the Southern DPS. protective regulations pursuant to collection of information is estimated to The comparative analysis of the provisions in the ESA using an existing average: (1) 40 hours for development of alternatives is described in more detail approach that improves the clarity of a Fisheries Management and Evaluation in the IRFA. In summary, the Full the regulations and minimizes the Plan; (2) 20 hours for development of a Action Alternative and Alternative B regulatory burden of managing ESA Tribal Fishery Management Plan; (3) 40 (Proposed Action) are anticipated to listings while retaining the necessary hours for development of a State- affect the largest number of industries, and advisable protections to provide for sponsored scientific research program; but the impacts Alternative B will have the conservation of threatened species. (4) 5 hours to prepare reports on on those industries is expected to be emergency rescue, salvage or disposal of less severe because certain activities E.O. 13175 - Consultation and Southern DPS fish; (5) 40 hours to may be allowed to continue (e.g., some Coordination With Indian Tribal prepare reports on restoration activities; habitat restoration, emergency rescue, Governments and (6) 40 hours to prepare reports on and research/monitoring activities) E.O. 13175 requires that if NMFS federal and private-sponsored research under this alternative. Alternatives A issues a regulation that significantly or and monitoring. These estimates and C are anticipated to affect a smaller uniquely affects the communities of include the time for reviewing number of industries than the Full Indian tribal governments and imposes instructions, searching existing data Action Alternative and Alternative B. substantial direct compliance costs on sources, gathering and maintaining the For reasons similar to those explained those communities, NMFS must consult data needed, and completing and above, Alternative C is expected to have with those governments, or the Federal reviewing the collection of information. a less severe impact on the affected Government must provide the funds We invite comments regarding these industries than Alternative A. The No necessary to pay the direct compliance burden estimates, or any other aspect of Action Alternative will have no effect costs incurred by the tribal this data collection, including on industries. We invite comments on governments. This proposed rule may suggestions for reducing the burden, to

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NMFS (see ADDRESSES) and to OMB at PART 223—THREATENED MARINE estimates of incidental take of other ESA the Office of Information and Regulatory AND ANADROMOUS SPECIES listed species anticipated and proof that Affairs, Office of Management and those takes have been authorized by 1. The authority citation for part 223 Budget, Washington, DC. 20503 NMFS or the USFWS, identification of continues to read as follows: (Attention: NOAA Desk Officer). funding sources, and a point of contact Authority: 16 U.S.C. 1531 1543; subpart B, is reported to the NMFS Southwest National Environmental Policy Act § 223.201 202 also issued under 16 U.S.C. Regional Office in Long Beach at least (NEPA) 1361 et seq.; 16 U.S.C. 5503(d) for 60 days prior to the start of the study, § 223.206(d)(9). or within 60 days after publication of Whenever a species is listed as 2. In subpart B of part 223, add the final rule for ongoing studies. threatened, the ESA requires that we § 223.210 to read as follows: (viii) Reports that include the total shall issue such regulations as we deem number of Southern DPS and any other necessary and advisable to provide for § 223.210 North American green sturgeon. ESA listed species taken, information its conservation. Accordingly, the (a) Prohibitions. The prohibitions of that supports that take was non-lethal, promulgation of ESA section 4(d) section 9(a)(1)(A) through 9(a)(1)(G) of and a summary of the project results is protective regulations is subject to the the ESA (16 U.S.C. 1538) relating to submitted to the NMFS Southwest requirements of NEPA, and we have endangered species apply to the Regional Office in Long Beach on a prepared a draft Environmental threatened Southern Distinct Population schedule to be determined by NMFS. Assessment (EA) analyzing the Segment (DPS) of North American green (ix) Research or monitoring that proposed 4(d) regulations and sturgeon listed in § 223.102(c)(1). involves action, permitting or funding alternatives. We are seeking comment (b) Exceptions. Exceptions to the take by a Federal agency still complies with on the draft EA, which is available on prohibitions described in section the requirements of ESA section 7(a)(2) the Federal eRulemaking Portal web site 9(a)(1)(B) and (C) of the ESA (16 U.S.C. in order to ensure that the action will (http://www.regulations.gov) or upon 1538(a)(1)(B) and (C)) applied in not jeopardize the continued existence paragraph (a) of this section to the request (see DATES and ADDRESSES, of the threatened Southern DPS. threatened Southern DPS listed in (2) Enforcement exception. The above). § 223.102(c) are described in paragraphs prohibitions of paragraph (a) of this E.O. 13211 - Energy Supply, (b)(1) through (b)(3) of this section. section relating to the threatened Distribution, or Use (1) Scientific research and monitoring Southern DPS listed in § 223.102(c)(1) exceptions. The prohibitions of do not apply to any employee of NMFS, E.O. 13211 requires agencies to paragraph (a) of this section relating to when the employee, acting in the course prepare Statements of Energy Effects the threatened Southern DPS listed in of his or her official duties, takes the when undertaking certain actions. § 223.102(c)(1) do not apply to ongoing Southern DPS listed in § 223.102(c)(1) According to E.O. 13211, Asignificant or future Federal, state, or private- without a permit, if such action is energy action’’ means any action by an sponsored scientific research or necessary for purposes of enforcing the agency that is expected to lead to the monitoring activities if: ESA or its implementing regulations. promulgation of a final rule or (i) The scientific research or (3) Emergency fish rescue and salvage regulation that is a significant regulatory monitoring activity complies with exceptions. The prohibitions of action under E.O. 12866 and is likely to required state reviews or permits. paragraph (a) of this section relating to have a significant adverse effect on the (ii) The research or monitoring the threatened Southern DPS listed in supply, distribution, or use of energy. activity is directed at the Southern DPS § 223.102(c)(1) do not apply to NMFS has determined that the energy and is not incidental to research or emergency fish rescue and salvage monitoring of another species. effects are unlikely to exceed the energy activities that include aiding sick, (iii) Take of live mature adults in the injured, or stranded fish, disposing of impact thresholds identified in E.O. lower Feather River from the confluence 13211 because this proposed rule is not dead fish, or salvaging dead fish for use with the Sacramento River to the in scientific studies, if: significant under E.O. 12866, and the Oroville Dam (rkm 116), the lower Yuba (i) The activity complies with spatial scope of this proposed rule River from the confluence with the required state or other Federal reviews overlaps with areas where protections Feather River to the Daguerre Dam (rkm or permits. for listed salmon are in effect. It is likely 19), or Suisun, San Pablo, and San (ii) The activity is conducted by an that the modifications required for Francisco Bays or the Sacramento-San employee or designee of NMFS or the salmon are similar enough to those that Joaquin Delta from the Golden Gate U.S. Fish and Wildlife Service would be required for the Southern DPS Bridge up into the Sacramento River to (USFWS), any Federal land management such that the proposed action is not a Keswick Dam (rkm 483) occurs from agency, or California Department of Fish significant energy action, and no July 1 through March 1 so as to and Game, Oregon Department of Fish Statement of Energy Effects is required. substantially increase the likelihood and Wildlife, Washington Department of that uninterrupted upstream spawning Fish and Wildlife, or Alaska Department List of Subjects in 50 CFR Part 223 migrations of adults will occur. of Fish and Game. Endangered and threatened species, (iv) Take is non-lethal. (iii) The activity occurs only because (v) Take involving the removal of any Exports, Imports, Transportation. of emergency situations that result from life stage of the Southern DPS from the natural disasters, national defense, or Dated: May 14, 2009. wild does not exceed 60 minutes. security emergencies (see § 402.05 of James W. Balsiger, (vi) Take does not involve artificial this title). Acting Assistant Administrator for Fisheries, spawning or enhancement activities. (iv) The activity benefits the Southern National Marine Fisheries Service. (vii) A description of the study DPS. objectives and justification, a summary (v) Those carrying out the activity For the reasons set out in the of the study design and methodology, submit a report to the NMFS Southwest preamble, 50 CFR part 223 is proposed estimates of the total non-lethal take of Regional Office in Long Beach that to be amended as follows: Southern DPS fish anticipated, includes, at a minimum, the number

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and status of fish handled and the 9(a)(1)(B) and (C) of the ESA (16 U.S.C. parties pursuant to the FMEP, will be location of rescue and/or salvage 1538(a)(1)(B) and (C)) applied in issued to the state. operations within 30 days after paragraph (a) of this section to the (i) An FMEP must prohibit retention conducting the emergency rescue. threatened Southern DPS listed in of green sturgeon (i.e. zero bag limit); set (4) Habitat restoration exceptions. § 223.102(c) are described in paragraphs maximum incidental take levels, The prohibitions of paragraph (a) of this (c)(1) through (c)(3) of this section. include restrictions to minimize section relating to the threatened (1) Scientific research and monitoring incidental take of the green sturgeon Southern DPS listed in § 223.102(c)(1) exemptions. The prohibitions of (e.g., temporal/spatial restrictions, size do not apply to habitat restoration paragraph (a) of this section relating to of fish, gear used); provide a biologically activities including barrier removal or the threatened Southern DPS listed in based rationale demonstrating that the modification to restore water flows, § 223.102(c)(1) do not apply to ongoing incidental take management strategy riverine or estuarine bed restoration, or future state-sponsored scientific will not significantly reduce the natural bank stabilization, restoration of research or monitoring activities that are likelihood of survival or recovery; native vegetation, removal of non-native part of a NMFS-approved, ESA- include effective monitoring and species, or removal of contaminated compliant state 4(d) research program evaluation plans; provide for evaluating sediments, that reestablish self- conducted by, or in coordination with, monitoring data and making revisions to sustaining habitats for the Southern state fishery management agencies the FMEP; provide for effective DPS, if: (California Department of Fish and enforcement and education; and report (i) The activity complies with Game , Oregon Department of Fish and the amount of incidental take and required state and Federal reviews and Wildlife, Washington Department of summarize the effectiveness of the permits. Fish and Wildlife , or Alaska FMEP to NMFS on a biannual basis. (ii) Those carrying out the activity Department of Fish and Game ), or as (ii) The ESA section 9(a)(1)(B) and submit a detailed description of the part of a monitoring and research (a)(1)(C) take prohibitions will not apply restoration activity to the NMFS program overseen by, or coordinated by, to ongoing commercial and recreational Southwest Regional Office in Long one of these agencies. State 4(d) fisheries activities after publication of Beach at least 60 days prior to the start research programs must meet the the final rule, for up to 120 days, if a of the restoration project which following criteria: letter of intent to develop an FMEP that includes: the geographic area affected; is protective of green sturgeon has been (i) Descriptions of the ongoing and when activities will occur; how they received by NMFS within 30 days after future 4(d) research or monitoring will be conducted; and the severity of the final rule is published in the Federal activity, as described in paragraph direct; indirect, and cumulative impacts Register. The exemption will expire if (c)(1)(ii) of this section, must be of activities on the Southern DPS; the letter of intent is rejected without received by the NMFS Southwest identification of funding sources; further review of a FMEP. If the letter of demonstration that all state and federal Regional Office in Long Beach within intent is received within 30 days of regulatory requirements have been met; 120 days after publication of the final publication of the final 4(d) rule in the a description of methods used to ensure 4(d) rule. This exception to the section Federal Register, a final FMEP must be that the likelihood of survival or 9 take prohibitions expires if the received by NMFS within 120 days from recovery of the listed species is not proposal is rejected as insufficient or is the date of receipt of the letter of intent. reduced; a plan for minimizing and denied. Ongoing commercial and recreational mitigating any adverse impacts to (ii) Descriptions of ongoing and future fisheries activities may continue until Southern DPS spawning or rearing state-supported research activities must NMFS issues a letter of concurrence or habitat; an estimate of the amount of include the following information and denial for final FMEPs. incidental take of the listed species that should be submitted to NMFS by the (iii) NMFS’ will provide a public may occur and a description of how that State: an estimate of total direct or comment period (≥ 30 days) before estimate was made; a plan for effective incidental take; a description of the approval of new or amended FMEPs; monitoring and adaptive management; a study design and methodology; a provide a letter of concurrence for pledge to use best available science and justification for take and the techniques approved FMEPs that specifies the technology when conducting restoration employed; and a point of contact. implementation and reporting activities; and a point of contact. (iii) NMFS will provide written requirements; evaluate FMEPs on a (iii) Those carrying out the activity approval of a state 4(d) research regular basis and identify changes that submit progress reports that include the program. would improve their effectiveness; and total number of Southern DPS taken, (iv) The State agency will provide an provide a public comment period (≥ 30 information regarding whether the take annual report to NMFS that, at a days) before withdrawing approval of an was lethal or non-lethal, a summary of minimum, summarizes the number of FMEP. the status of the project, and any Southern DPS green sturgeon taken (3) Tribal exemptions. The changes in the methods being directly or incidentally, and summarizes prohibitions of paragraph (a) of this employed, to the NMFS Southwest the results of the project. section relating to the threatened Regional Office in Long Beach on a (2) Fisheries exemptions. The Southern DPS listed in § 223.102(c)(1) schedule to be determined by NMFS. prohibitions of paragraph (a) of this do not apply to fishery harvest or other (iv) An activity that involves action, section relating to the threatened activities, undertaken by a tribe, tribal permitting or funding by a federal Southern DPS listed in § 223.102(c)(1) member, tribal permittee, tribal agency complies with the requirements do not apply to fisheries activities that employee, or tribal agent in Willapa of ESA section 7(a)(2) in order to ensure are conducted in accordance with a Bay, WA, Grays Harbor, WA, Coos Bay, that the action will not jeopardize the NMFS-approved Fishery Management OR, Winchester Bay, OR, Humboldt continued existence of the threatened and Evaluation Plan (FMEP). If NMFS Bay, CA, and any other area where tribal Southern DPS. finds that an FMEP meets the criteria treaty fishing occurs, if those activities (c) Exemptions via ESA 4(d) program listed below, a letter of concurrence are compliant with a tribal resource approval. Exemptions from the take which sets forth the terms of the FMEP’s management plan (Tribal Plan), prohibitions described in section implementation and the duties of the provided that the Secretary determines

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that implementation of such Tribal Plan as tribes develop Tribal Plans. A Tribal (d) Affirmative defense. In connection will not appreciably reduce the Plan must specify the procedures by with any action alleging a violation of likelihood of survival and recovery of which the tribe will enforce its the prohibitions of paragraph (a) of this the Southern DPS. In making that provisions. section with respect to the threatened determination the Secretary shall use (ii) Where there exists a Federal court Southern DPS of North American green the best available biological data proceeding with continuing jurisdiction sturgeon listed in § 223.102(c)(1), any (including any tribal data and analysis) over the subject matter of a Tribal Plan, person claiming that their take is to determine the Tribal Plan’s impact on the plan may be developed and authorized via methods listed in the biological requirements of the implemented within the ongoing paragraph (b) of this section shall have species, and will assess the effect of the Federal Court proceeding. In such a defense where the person can Tribal Plan on survival and recovery, circumstances, compliance with the demonstrate that the take authorization consistent with legally enforceable tribal Tribal Plan’s terms shall be determined is applicable and was in force, and that rights and with the Secretary’s trust within that Federal Court proceeding. responsibilities to tribes. (iii) The Secretary shall seek comment the person fully complied with the take (i) A Tribal Plan may include, but is from the public on the Secretary’s authorization requirements at the time not limited to, plans that address fishery pending determination whether or not of the alleged violation. This defense is harvest, artificial production, research, implementation of a Tribal Plan will an affirmative defense that must be or water or land management, and may appreciably reduce the likelihood of raised, pleaded, and proven by the be developed by one tribe or jointly survival and recovery of the listed proponent. If proven, this defense will with other tribes. The Secretary will Southern DPS. be an absolute defense to liability under consult on a government-to-government (iv) The Secretary shall publish section 9(a)(1)(G) of the ESA with basis with any tribe that so requests and notification in the Federal Register of respect to the alleged violation. will provide, to the maximum extent any determination regarding a Tribal [FR Doc. E9–11945 Filed 5–20–09; 8:45 am] practicable, technical assistance in Plan and the basis for that BILLING CODE 3510–22–S examining impacts on the Southern DPS determination.

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Notices Federal Register Vol. 74, No. 97

Thursday, May 21, 2009

This section of the FEDERAL REGISTER the collection of information unless it 7701—et seq.) the Secretary of contains documents other than rules or displays a currently valid OMB control Agriculture is authorized to carry out proposed rules that are applicable to the number. operations or measures to detect, public. Notices of hearings and investigations, eradicate, suppress, control, prevent, or Animal and Plant Health Inspection committee meetings, agency decisions and retard the spread of plant pests new to rulings, delegations of authority, filing of Service the United States or not known to be petitions and applications and agency Title: Requirements for Request To statements of organization and functions are widely distributed throughout the examples of documents appearing in this Amend 7 CFR Part 319 Import United States. Regulations authorized section. Regulations. by the PPA concerning the importation OMB Control Number: 0579–0261. of fruits and vegetables into the United Summary of Collection: As authorized States from certain parts of the world DEPARTMENT OF AGRICULTURE by the Plant Protection Act (PPA) (7 are contained in ‘‘Subpart Fruits and U.S.C. 7701—et seq.), the Secretary of Vegetables’’ (7 CFR 319.56–1 through Submission for OMB Review; Agriculture may prohibit or restrict the 319.56–47). Under these regulations, Comment Request importation, entry, exportation, or baby corn and baby carrots from Zambia movement in interstate commerce of are subject to certain conditions before May 15, 2009. any plant, plant product, biological The Department of Agriculture has entering the United States to prevent the control organism, noxious weed, means introduction of plant pests into the submitted the following information of conveyance, or other article if the collection requirement(s) to OMB for United States. Secretary determines that the Need and Use of the Information: The review and clearance under the prohibition or restriction is necessary to Paperwork Reduction Act of 1995, Animal and Plant Health Inspection prevent a plant pest or noxious weed Service (APHIS) requires that some Public Law 104–13. Comments from being introduced into and regarding (a) Whether the collection of plants or plant products are disseminated within the United States. accompanied by a phytosanitary information is necessary for the proper The Animal and Plant Health Inspection performance of the functions of the inspection certificate that is completed Service (APHIS) has established by plant health officials in the agency, including whether the regulations governing the submission of information will have practical utility; originating or transiting country. APHIS requests for changes in its regulations uses the information on the certificate to (b) the accuracy of the agency’s estimate that restrict the importation of plants, of burden including the validity of the determine the pest condition of the plant parts, and products. shipment at the time of inspection in methodology and assumptions used; (c) Need and Use of the Information: ways to enhance the quality, utility and the foreign country. This information is APHIS will collect required information used as a guide to the intensity of the clarity of the information to be to properly consider requests and helps collected; (d) ways to minimize the inspection APHIS conducts when the to ensure that the information required shipment arrives. burden of the collection of information to prepare a risk analysis and/or other Without this information, all on those who are to respond, including analyses that evaluate the risks and shipments would need to be inspected through the use of appropriate other effects associated with a final very thoroughly, thereby requiring automated, electronic, mechanical, or ruling to change a regulation. This considerably more time. other technological collection process requires the use of collecting Description of Respondents: Business techniques or other forms of information information about the requestor, or other for-profit; Federal Government. technology should be addressed to: Desk information about the commodity to be Officer for Agriculture, Office of imported, shipping information, a Number of Respondents: 7. Information and Regulatory Affairs, description of pests and diseases Frequency of Responses: Reporting: Office of Management and Budget associated with the commodity, risk On occasion. (OMB), mitigation or management strategies, Total Burden Hours: 64. [email protected] or and additional information as fax (202) 395–5806 and to Departmental Ruth Brown, determined by APHIS to complete a pest Clearance Office, USDA, OCIO, Mail Departmental Information Collection risk analysis in accordance with Stop 7602, Washington, DC 20250– Clearance Officer. international standards. [FR Doc. E9–11838 Filed 5–20–09; 8:45 am] 7602. Comments regarding these Description of Respondents: Business BILLING CODE 3410–34–P information collections are best assured or other for-profit. of having their full effect if received Number of Respondents: 36. within 30 days of this notification. Frequency of Responses: Reporting: DEPARTMENT OF AGRICULTURE Copies of the submission(s) may be On occasion. obtained by calling (202) 720–8958. Total Burden Hours: 4,200. Rural Housing Service An agency may not conduct or Animal and Plant Health Inspection sponsor a collection of information Notice of Funding Availability of Service unless the collection of information Applications for Section 514 Farm displays a currently valid OMB control Title: Importation of Baby Corn and Labor Housing Loans and Section 516 number and the agency informs Baby Carrots from Zambia. Farm Labor Housing Grants for Off- potential persons who are to respond to OMB Control Number: 0579–0284. Farm Housing for Fiscal Year (FY) 2009 the collection of information that such Summary of Collection: Under the persons are not required to respond to Plant Protection Act (PPA) (7 U.S.C. AGENCY: Rural Housing Service, USDA.

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ACTION: Notice. California State Office, 430 G Street, #4169, MO 65203, (573) 876–0990, TDD (573) Davis, CA 95616–4169, (530) 792–5821, 876–9480, Colleen James. TDD (530) 792–5848, Debra Moretton. SUMMARY: This notice announces the Montana State Office, 900 Technology Blvd., Colorado State Office, 655 Parfet Street, Suite B, Bozeman, MT 59718, (406) 585– timeframe to submit pre-applications for Room E100, Lakewood, CO 80215, (720) 2515, TDD (406) 585–2562, Deborah Section 514 Farm Labor Housing (FLH) 544–2923, TDD (800) 659–2656, Mary Chorlton. loans and Section 516 FLH grants for Summerfield. Nebraska State Office, Federal Building, the construction of new off-farm FLH Connecticut, Served by Massachusetts State Room 152, 100 Centennial Mall N. Lincoln, units and related facilities for domestic Office. NE 68508, (402) 437–5734, TDD (402) 437– farm laborers. The intended purpose of Delaware and Maryland State Office, 1221 5093, Linda Anders. these loans and grants is to increase the College Park Drive, Suite 200, Dover, DE Nevada State Office, 1390 South Curry Street, 19904, (302) 857–3615, TDD (302) 857– number of available housing units for Carson City, NV 89703–5146, (775) 887– 3585, Pat Baker. 1222 (ext. 25), TDD (775) 885–0633, domestic farm laborers. This notice Florida & Virgin Islands State Office, 4440 Angilla Denton. describes the method used to distribute N.W. 25th Place, Gainesville, FL 32606– New Hampshire State Office, Concord funds, the application process, and 6563, (352) 338–3436, TDD (352) 338– Center, Suite 218, Box 317, 10 Ferry Street, submission requirements. 3499, Daryl Cooper. Concord, NH 03301–5004, (603) 223–6050, Georgia State Office, Stephens Federal TDD (603) 229–0536, Robert McCarthy. DATES: The deadline for receipt of all Building, 355 E. Hancock Avenue, Athens, New Jersey State Office, 5th Floor North, applications in response to this is 5 GA 30601–2768, (706) 546–2164, TDD Suite 500, 8000 Midlantic Dr., Mt. Laurel, p.m., local time to the appropriate Rural (706) 546–2034, Wayne Rogers. NJ 08054, (856) 787–7740, TDD (856) 787– Development State Office on July 20, Hawaii State Office, (Services all Hawaii, 7784, George Hyatt, Jr. 2009. The application closing deadline American Samoa Guam, and Western New Mexico State Office, 6200 Jefferson St., is firm as to date and hour. Rural Pacific), Room 311, Federal Building, 154 NE, Room 255, Albuquerque, NM 87109, Waianuenue Avenue, Hilo, HI 96720, (808) (505) 761–4944, TDD (505) 761–4938, Development will not consider any 933–8305, TDD (808) 933–8321, Donald application that is received after the Susan Ellzey. Estes. New York State Office, The Galleries of closing deadline unless date and time is Idaho State Office, Suite A1, 9173 West Syracuse, 441 S. Salina Street, Suite 357, extended by another Notice published Barnes Dr., Boise, ID 83709, (208) 378– 5th Floor, Syracuse, NY 13202, (315) 477– in the Federal Register. Applicants 5630, TDD (208) 378–5644, Miriam 6419, TDD (315) 477–6400, Michael Bosak. intending to mail applications must Haylett. North Carolina State Office, 4405 Bland Illinois State Office, 2118 West Park Court, provide sufficient time to permit Road, Suite 260, Raleigh, NC 27609, (919) Suite A, Champaign, IL 61821–2986, (217) 873–2055, TDD (919) 873–2003, Beverly delivery on or before the closing 403–6222, TDD (217) 403–6240, Barry L. Casey. deadline. Acceptance by a post office or Ramsey. North Dakota State Office, Federal Building, private mailer does not constitute Indiana State Office, 5975 Lakeside Room 208, 220 East Rosser, P.O. Box 1737, delivery. Facsimile (FAX), and postage Boulevard, Indianapolis, IN 46278, (317) Bismarck, ND 58502, (701) 530–2049, TDD due applications will not be accepted. 290–3100 (ext. 423), TDD (317) 290–3343, Stephen Dye. (701) 530–2113, Kathy Lake. ADDRESSES: Applicants wishing to apply Iowa State Office, 210 Walnut Street, Room Ohio State Office, Federal Building, Room for assistance must contact the Rural 873, Des Moines, IA 50309, (515) 284– 507, 200 North High Street, Columbus, OH Development State Office serving the 4493, TDD (515) 284–4858, Heather 43215–2477, (614) 255–2418, TDD (614) 255–2554, Melodie Taylor-Ward. State of the proposed off-farm labor Honkomp. Kansas State Office, 1303 SW First American Oklahoma State Office, 100 USDA, Suite 108, housing project in order to receive Stillwater, OK 74074–2654, (405) 742– further information and copies of the Place, Suite 100, Topeka, KS 66604–4040, (785) 271–2721, TDD (785) 271–2767, 1070, TDD (405) 742–1007, Ivan S. Graves. application package. Rural Development Virginia M. Hammersmith. Oregon State Office, 1201 NE Lloyd Blvd., will date and time stamp incoming Kentucky State Office, 771 Corporate Drive, Suite 801, Portland, OR 97232, (503) 414– applications to evidence timely receipt Suite 200, Lexington, KY 40503, (859) 224– 3325, TDD (503) 414–3387, Sherryl and, upon request, will provide the 7325, TDD (859) 224–7422, Paul Higgins. Gleason. applicant with a written Louisiana State Office, 3727 Government Pennsylvania State Office, One Credit Union acknowledgment of receipt. A listing of Street, Alexandria, LA 71302, (318) 473– Place, Suite 330, Harrisburg, PA 17110– 7962, TDD (318) 473–7655, Yvonne R. 2996, (717) 237–2281, TDD (717) 237– Rural Development State Offices, their 2261, Martha Eberhart. addresses, telephone numbers, and Emerson. Maine State Office, 967 Illinois Ave., Suite 4, Puerto Rico State Office, 654 Munoz Rivera person to contact are as follows: P.O. Box 405, Bangor, ME 04402–0405, Avenue, IBM Plaza, Suite 601, Hato Rey, Note: Telephone numbers listed are not (207) 990–9110, TDD (207) 942–7331, Bob PR 00918, (787) 766–5095 (ext. 249), TDD toll-free. Nadeau. (787) 766–5332, Lourdes Colon. Maryland, Served by Delaware State Office. Rhode Island, Served by Massachusetts State Alabama State Office, Suite 601, Sterling Massachusetts, Connecticut & Rhode Island Office. Centre, 4121 Carmichael Road, State Office, 451 West Street, Amherst, MA South Carolina State Office, Strom Montgomery, AL 36106–3683, (334) 279– 01002, (413) 253–4333, TDD (413) 253– Thurmond Federal Building, 1835 3455, TDD (334) 279–3495, James B. 4590, Arlene Nunes. Assembly Street, Room 1007, Columbia, SC Harris. Michigan State Office, 3001 Coolidge Road, 29201, (803) 253–3432, TDD (803) 765– Alaska State Office, 800 West Evergreen, Suite 200, East Lansing, MI 48823, (517) 5697, Larry D. Floyd. Suite 201, Palmer, AK 99645–6539, (907) 324–5192, TDD (517) 337–6795, Julie South Dakota State Office, Federal Building, 761–7705, TDD (907) 761–8905, Deborah Putnam. Room 210, 200 Fourth Street, SW., Huron, Davis. Minnesota State Office, 375 Jackson Street SD 57350, (605) 352–1132, TDD (605) 352– Arizona State Office, Phoenix Courthouse Building, Suite 410, St. Paul, MN 55101– 1147, Roger Hazuka or Pam Reilly. and Federal Building, 230 North First Ave., 1853, (651) 602–7812, TDD (651) 602– Tennessee State Office, Suite 300, 3322 West Suite 206, Phoenix, AZ 85003–1706, (602) 7830, Nancy Schmidt. End Avenue, Nashville, TN 37203–1084, 280–8764, TDD (602) 280–8706, Ernie Mississippi State Office, Federal Building, (615) 783–1375, TDD (615) 783–1397, Don Wetherbee. Suite 831, 100 W. Capitol Street, Jackson, Harris. Arkansas State Office, 700 W. Capitol Ave., MS 39269, (601) 965–4325, TDD (601) 965– Texas State Office, Federal Building, Suite Room 3416, Little Rock, AR 72201–3225, 5850, Darnella Smith-Murray. 102, 101 South Main, Temple, TX 76501, (501) 301–3250, TDD (501) 301–3063, Greg Missouri State Office, 601 Business Loop 70 (254) 742–9765, TDD (254) 742–9712, Kemper. West, Parkade Center, Suite 235, Columbia, Scooter Brockette.

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Utah State Office, Wallace F. Bennett Federal extended by another Notice published loan and grant levels, final loan and Building, 125 S. State Street, Room 4311, in the Federal Register. Applicants grant levels will fluctuate, and are Salt Lake City, UT 84147–0350, (801) 524– intending to mail applications must subject to the availability of funding. 4325, TDD (801) 524–3309, Janice Kocher. provide sufficient time to permit The funds available for FY 2009 for Off- Vermont State Office, City Center, 3rd Floor, delivery on or before the closing 89 Main Street, Montpelier, VT 05602, Farm Labor Housing are: Section 514 (802) 828–6021, TDD (802) 223–6365, deadline. Acceptance by a post office or $22,977,147, Section 516 $8,586,430 Heidi Setien. private mailer does not constitute and Rental Assistance $3,400,000. Virgin Islands, Served by Florida State delivery. Facsimile (FAX), and postage Individual requests may not exceed Office. due applications will not be accepted. $3 million (total loan and grant). At this Virginia State Office, Culpeper Building, time, there is no available operating Suite 238, 1606 Santa Rosa Road, I. Funding Opportunities Description Richmond, VA 23229, (804) 287–1596, Housing that is constructed with FLH assistance. Section 516 off-farm FLH TDD (804) 287–1753, CJ Michels. loans and grants must meet Rural grants may not exceed 90 percent of the Washington State Office, 1835 Black Lake Development’s design and construction total development cost (TDC) of the Blvd., Suite B, Olympia, WA 98512, (360) standards contained in 7 CFR part 1924, housing as defined in 7 CFR 3560.11. 704–7730, TDD (360) 704–7760, Western subparts A and C. Once constructed, off- Applications that require leveraged Pacific Territories, Served by Hawaii State farm FLH must be managed in funding must have firm commitments in Office. place for all of the leveraged funding West Virginia State Office, Federal Building, accordance with the program’s management regulation, 7 CFR part within one year of the Agency issuance 75 High Street, Room 320, Morgantown, of Form AD–622, ‘‘Notice of Pre- WV 26505–7500, (304) 284–4872, TDD 3560. Tenant eligibility is limited to (304) 284–4836, David Cain. persons who meet the definition of a application Review Action,’’ to the Wisconsin State Office, 4949 Kirschling ‘‘disabled domestic farm laborer’’, applicant. If leverage funds are in the Court, Stevens Point, WI 54481, (715) 345– ‘‘domestic farm laborer’’, or ‘‘retired form of tax credits, the applicant must 7676, TDD (715) 345–7614, Jeff domestic farm laborer,’’ as defined in 7 document a history of receiving tax Borcherding. CFR 3560.11. Farmworkers who are credits. Wyoming State Office, PO Box 11005, admitted to this country on a temporary III. Eligibility Information Casper, WY 82602, (307) 233–6715, TDD basis under the Temporary Agricultural (307) 233–6733, Alan Brooks. Workers (H–2A Visa) program are not A. Applicant Eligibility FOR FURTHER INFORMATION CONTACT: eligible to occupy Section 514/516 off- Henry Searcy, Finance and Loan (1) To be eligible to receive a Section farm FLH. 516 grant for off-farm FLH, the applicant Analyst, Multi-Family Housing In addition, off-farm FLH must be must be a broad-based non-profit Preservation and Direct Loan Division, operated on a non-profit basis and organization, a community organization STOP 0782 (Room 1263–S), USDA Rural tenancy must be open to all qualified which can include a faith-based Development, 1400 Independence domestic farm laborers, regardless at organization, a non-profit organization Avenue, SW., Washington, DC 20250– which farm they work. Section 514(f)(3) of farm workers, a Federally recognized 0782, telephone: (202) 720–1753 (this is of the Housing Act of 1949 (42 U.S.C. Indian tribe, an agency or political not a toll free number), or via e-mail: 1484(f)(3)) amended the definition of subdivision of a State or local [email protected]. domestic farm laborers to include any government, or a public agency (such as person regardless of the person’s source SUPPLEMENTARY INFORMATION: a housing authority). The applicant of employment, who receives a must be able to contribute at lease one- Paperwork Reduction Act substantial portion of his or her income tenth of the TDC non-Rural The reporting requirements contained from the primary production of Development resources which can in this notice have been approved by the agricultural or aquacultural include leveraged funds. Office of Management and Budget under commodities in the unprocessed stage, Control Number 0575–0189. and also includes the person’s family. (2) To be eligible to receive a Section Operating assistance may be used in 514 loan for off-farm FLH, the applicant Overview Information lieu of tenant-specific rental assistance must be a broad-based non-profit Federal Agency Name: Rural Housing (RA) in off-farm labor housing projects organization, a community organization Service. that serve migrant farmworkers as which can include a faith-based Funding Opportunity Title: Notice of defined in 7 CFR 3560.11 that are organization, a non-profit organization Funds Availability for Section 514 Farm financed under section 514 or section of farm workers, a Federally recognized Labor Housing Loans and Section 516 516(h) of the Housing Act of 1949 (42 Indian tribe, an agency or political Farm Labor Housing Grants for Off-Farm U.S.C. 1486(h)), and otherwise meet the subdivision of a State or local Housing. requirements of 7 CFR 3560.574. government, a public agency (such as a Announcement Type: Initial Notice Owners of eligible projects may choose housing authority), or a limited inviting applications from qualified tenant-specific RA or operating partnership which has a non-profit applicants for FY 2009. assistance, or a combination of both; entity as its general partner, and Catalog of Federal Domestic however, any tenant or unit assisted (a) Be unable to provide the necessary Assistance Numbers (CFDA): 10.405 and with operating assistance may not also housing from its own resources; and 10.427. receive RA. It is anticipated that (b) Except for State or local public DATES: The deadline for receipt of all operating assistance will not be agencies and Indian tribes, be unable to applications in response to this is 5 available for new construction in FY obtain similar credit elsewhere at rates p.m., appropriate local time to each 2009. Rural Development State Office, on July that would allow for rents within the 20, 2009. The application closing II. Award Information payment ability of eligible residents. deadline is firm as to date and hour. Applications for FY 2009 will only be (3) Broad-based non-profit Rural Development will not consider accepted through the date and time organizations must have a membership any application that is received after the listed in this notice. Since USDA Rural that reflects a variety of interests in the closing deadline unless date and time is Development has the ability to adjust area where the housing will be located.

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B. Cost Sharing or Matching submit a complete, final application, sources. Letters from credit institutions Section 516 grants for off-farm FLH acceptable to Rural Development prior which normally provide real estate may not exceed the lesser of 90 percent to the obligation of Rural Development loans in the area should be obtained and of the TDC as provided in 7 CFR funds. If the pre-application is not these letters should indicate the rates 3560.562(c)(1). accepted for further processing the and terms upon which a loan might be applicant will be notified of appeal provided. (Note: Not required from State C. Other Administrative Requirements rights under 7 CFR part 11. or local public agencies or Indian tribes.) The following requirements apply to Pre-Application Requirements loans and grants made in response to (7) If a FLH grant is desired, a this notice: The pre-application must contain the statement concerning the need for a FLH (1) 7 CFR part 1901, subpart E, following: grant. The statement should include regarding equal opportunity (1) A summary page listing the preliminary estimates of the rents requirements; following items. This information required with and without a grant. (2) 7 CFR parts 3015, 3016 or 3019 (as should be double-spaced between items (8) A statement of the applicant’s applicable), which establishes the and not be in narrative form. experience in operating labor housing or uniform administrative requirements for (a) Applicant’s name. other rental housing. If the applicant’s grants and cooperative agreements to (b) Applicant’s Taxpayer experience is limited, additional State and local governments and to non- Identification Number. information should be provided to profit organizations; (c) Applicant’s address. indicate how the applicant plans to (3) 7 CFR part 1901, subpart F, (d) Applicant’s telephone number. compensate for this limited experience regarding historical and archaeological (e) Name of applicant’s contact (i.e., obtaining assistance and advice of properties; person, telephone number, and address. a management firm, non-profit group, (4) 7 CFR part 1940, subpart G, (f) Amount of loan and grant public agency, or other organization regarding environmental assessments; requested. which is experienced in rental (5) 7 CFR part 3560, subpart L, (g) For grants, the applicant’s Dun and management and will be available on a regarding the loan and grant authorities Bradstreet Data Universal Numbering continuous basis). of the off-farm FLH program; System (DUNS) number. As required by (9) A brief statement explaining the (6) 7 CFR part 1924, subpart A, the Office of Management and Budget applicant’s proposed method of regarding planning and performing (OMB), all grant applicants must operation and management (i.e., on-site construction and other development; provide a DUNS number when applying manager, contract for management (7) 7 CFR part 1924, subpart C, for Federal grants, on or after October 1, services, etc.). As stated earlier in this regarding the planning and performing 2003. Organizations can receive a DUNS notice, the housing must be managed in of site development work; and number at no cost by calling the toll-free accordance with the program’s (8) For construction financed with a number at 1–866–705–5711 or via management regulation, 7 CFR part Section 516 grant, the provisions of the internet at http://www.dnb.com/us/. 3560 and tenancy is limited to ‘‘disabled Davis-Bacon Act (40 U.S.C. Sec. 276(a)– Additional information concerning this domestic farm laborers,’’ ‘‘domestic 276(a)(5) and implementing regulations requirement can be obtained on the farm laborers,’’ ‘‘retired domestic farm published at 29 CFR parts 1, 3, and 5. Grants.gov Web site at http:// laborers,’’ as defined in 7 CFR 3560.11. (9) All other requirements contained www.grants.gov. (10) Applicants must also provide: in 7 CFR part 3560, regarding the (2) A narrative verifying the (a) A copy of, or an accurate citation Section 514/516 off-farm FLH program. applicant’s ability to meet the eligibility to, the special provisions of State law requirements stated earlier in this under which they are organized, a copy IV. Application and Submission notice. of the applicant’s charter, Articles of Information (3) Standard Form 424, ‘‘Application Incorporation, and By-laws; The application process will be in two for Federal Assistance’’, can be obtained (b) The names, occupations, and phases: The initial pre-application (or at http://www.grants.gov or from any addresses of the applicant’s members, proposal) and the submission of a final Rural Development State Office listed in directors, and officers; and application. Only those proposals that the addresses section. (c) If a member or subsidiary of are selected for funding will be invited (4) Current (within 6 months) another organization, the organization’s to submit final applications. In the event financial statements with the following name, address, and nature of business. that a proposal is selected for further paragraph certified by the applicant’s (11) A preliminary market survey or processing and the applicant declines, designated and legally authorized market study to identify the supply and the next highest ranked unfunded pre- signer: demand for labor housing in the market application may be selected. I/we certify the above is a true and accurate area. The market area must be clearly All pre-applications for Sections 514 reflection of our financial condition as of the identified and may include only the and 516 funds must be filed with the date stated herein. This statement is given for area from which tenants can reasonably appropriate Rural Development State the purpose of inducing the United States of be drawn for the proposed project. Office and must meet the requirements America to make a loan or to enable the Documentation must be provided to of this notice. Incomplete pre- United States of America to make a justify a need within the intended applications will not be reviewed and determination of continued eligibility of the market area for the housing of will be returned to the applicant. No applicant for a loan as requested in the loan ‘‘domestic farm laborers’’, as defined in pre-application will be accepted after 5 application of which this statement is a part. 7 CFR 3560.11. The documentation p.m., local time to the appropriate Rural (5) Check for $40 from applicants must take into account disabled and Development State Office on July 20, made out to United States Department retired farm workers. The preliminary 2009 unless date and time is extended of Agriculture. This will be used to pay survey should address or include the by another Notice published in the for credit reports obtained by Rural following items: Federal Register. Development. (a) The annual income level of If a pre-application is accepted for (6) Evidence that the applicant is farmworker families in the area and the further processing, the applicant must unable to obtain credit from other probable income of the farm workers

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who are apt to occupy the proposed (14) Evidence of site control, such as Application Scoring Criteria’’ contained housing; an option contract or sales contract. In in this notice, followed by a reference to (b) A realistic estimate of the number addition, a map and description of the the page numbers of all relevant of farm workers who remain in the area proposed site, including the availability material and documentation that is where they harvest and the number of of water, sewer, and utilities and the contained in the proposal that supports farm workers who normally migrate into proximity to community facilities and the criteria. the area. Information on migratory services such as shopping, schools, (24) Applicants are encouraged, but workers should indicate the average transportation, doctors, dentists, and not required, to include a checklist of all number of months the migrants reside hospitals. of the pre-application requirements and in the area and an indication of what (15) Preliminary plans and to have their pre-application indexed type of family groups are represented by specifications, including plot plans, and tabbed to facilitate the review the migrants (i.e., single individuals as building layouts, and type of process; opposed to families); construction and materials. The housing (25) Evidence of compliance with (c) General information concerning must meet Rural Development’s design Executive Order 12372. The applicant the type of labor-intensive crops grown and construction standards contained in must send a copy of Form SF–424 to the in the area and prospects for continued 7 CFR part 1924, subparts A and C and applicant’s state clearinghouse for demand for farm laborers; must also meet all applicable Federal, intergovernmental review. If the (d) The overall occupancy rate for State, and local accessibility standards. applicant is located in a state that does comparable rental units in the area and (16) A supportive services plan, not have a clearing house, the applicant the rents charged and customary rental which describes services that will be is not required to submit the form. practices for these units (i.e., will they provided on-site or made available to (26) Evidence of compliance with the rent to large families, do they require tenants through cooperative agreements requirements of the applicable State annual leases, etc.); with service providers in the Housing Preservation Office (SHPO). A (e) The number, condition, adequacy, community, such as a health clinic or letter from the SHPO where the off-farm rental rates and ownership of units day care facility. Off-site services must labor housing project is located, signed currently used or available to farm be accessible and affordable to farm by their designee will serve as evidence workers; workers and their families. Letters of of compliance. (27) Form RD 400–4, ‘‘Assurance (f) A description of the units intent from service providers are Agreement,’’ can be found at http:// proposed, including the number, type, acceptable documentation at the pre- forms.sc.egov.usda.gov/eforms/ size, rental rates, amenities such as application stage. (17) A proposed operating budget mainserv/let. Applications for carpets and drapes, related facilities utilizing Form RD 3560–7, ‘‘Multiple revitalization, repair and rehab are to such as a laundry room or community Family Housing Project Budget/Utility apply through the Multi-Family room and other facilities providing Allowance,’’ can be found at http:// Housing Revitalization Demonstration supportive services in connection with www.rurdev.usda.gov/regs/forms/3560– Program. the housing and the needs of the 07.pdf. prospective tenants, such as a health V. Pre-Application Review Information (18) An estimate of development cost clinic or day care facility, estimated utilizing Form RD 1924–13, ‘‘Estimate All applications for Sections 514 and development timeline, estimated total and Certificate of Actual Cost,’’ can be 516 funds must be filed with the development cost, and applicant found at http://forms.sc.egov.usda.gov/ appropriate Rural Development State contribution; and eforms/mainserv/let. Office and must meet the requirements (g) The applicant must also identify (19) Form RD 3560–30, ‘‘Certification of this notice. The Rural Development all other sources of funds, including the of no Identity of Interest (IOI),’’ can be State Office will base its determination dollar amount, source, and commitment found at http://www.rurdev.usda.gov/ of completeness of the application and status. (Note: A Section 516 grant may reqs/forms/3560–30.pdf and Form RD the eligibility of each applicant on the not exceed 90 percent of the total 3560–31, ‘‘Identity of Interest information provided in the pre- development cost of the housing.) Disclosure/Qualification Certification,’’ application. (12) A completed Form RD 1940–20, can be found at http:// Selection Criteria. Section 514 loan ‘‘Request for Environmental forms.sc.egov.usda.gov/eforms/ funds and Section 516 grant funds will Information,’’ and a description of mainserv/let. be distributed to States based on a anticipated environmental issues or (20) Form HUD 2530, ‘‘Previous national competition, as follows: concerns. The form can be found at Participation Certification,’’ can be (1) Rural Development States will http://forms.sc.egov.usda.gov/eforms/ found at http://www.hud.gov/offices/ accept, review, and score pre- mainserv/let. adm/hudclips/forms/files/2530.pdf. applications in accordance with this (13) A prepared HUD Form 935.2A, (21) If requesting RA or Operating notice. The scoring factors are: ‘‘Affirmative Fair Housing Marketing Assistance, Form RD 3560–25, ‘‘Initial (a) The presence and extent of Plan (AFHM) Multi-family Housing,’’ in Request for Rental Assistance or leveraged assistance, including donated accordance with 7 CFR 1901.203(c). The Operating Assistance,’’ can be found at land, for the units that will serve form can be found at http:// http://forms.sc.egov.usda.gov/eforms/ program-eligible tenants, calculated as a www.hud.gov/offices/adm/hudclips/ mainserv/let. percentage of the Rural Development forms/files/935–2a.pdf. The plan will (22) A sources and uses statement TDC. Rural Development TDC excludes reflect that occupancy is open to all which shows all sources of funding non-Rural Development eligible costs qualified ‘‘domestic farm laborers,’’ included in the proposed project. The such as a developer’s fee. Leveraged regardless of which farming operation terms and schedules of all sources assistance includes, but is not limited they work and that they will not included in the project should be to, funds for hard construction costs, discriminate on the basis of race, color, included in the sources and uses Section 8 or other non-Rural sex, age, disability, marital or familial statement. Development tenant subsidies, and State status or National origin in regard to the (23) A separate one-page information or Federal funds. A minimum of ten occupancy or use of the units. sheet listing each of the ‘‘Pre- percent leveraged assistance is required

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to earn points; however, if the total distribute funds to States in rank order, actuals, must allocate revenue and percentage of leveraged assistance is within funding and RA limits. A lottery expense between project operations and less than ten percent and the proposal in accordance with 7 CFR 3560.56(c)(2) the service component. includes donated land, two points will will be used for applications with tied VII. Agency Contacts be awarded for the donated land. To point scores when they all cannot be count as leveraged funds for purposes of funded. If insufficient funds or RA For application information, contact the selection criteria, a commitment of remain for the next ranked proposal, the Rural Development State Office funds must be provided with the pre- that applicant will be given a chance to listed in the addresses section of this application. Points will be awarded in modify their pre-application to bring it notice. accordance with the following table within remaining funding levels. This VIII. Non-Discrimination Statement using rounding to the nearest whole will be repeated for each next ranked number. eligible proposal until an award can be The U.S. Department of Agriculture made or the list is exhausted. Rural (USDA) prohibits discrimination in all Percentage points Development will notify all applicants its programs and activities on the basis on whether their applications have been of race, color, national origin, age, 75% or more leveraged funds ...... 20 accepted or rejected. disability, and where applicable, sex, 60–74% leveraged funds ...... 18 marital status, familial status, parental 50–59% leveraged funds ...... 16 VI. Award Administration Information 40–49% leveraged funds ...... 12 status, religion, sexual orientation, 30–39% leveraged funds ...... 10 1. Award Notices genetic information, political beliefs, reprisal, or because all or part of an 20–29% leveraged funds ...... 8 Loan applicants must submit their 10–19% leveraged funds ...... 5 individual’s income is derived from any 0–9% leveraged funds ...... 0 initial applications by the due date public assistance program. (Not all specified in this notice. State Offices prohibited bases apply to all programs.) Donated land in proposals with less will review applications and provide a Persons with disabilities who require than ten percent total leveraged list to the National Office. Once the alternative means for communication of assistance: Two points. applications have been scored and program information (Braille, large (b) Percent of units for seasonal, ranked by the National Office the print, audiotape, etc.) should contact temporary, migrant housing. National Office, will advise States USDA’s Target Center at (202) 720–2600 (1) Five points for up to and including Offices of the proposals selected for (voice and TDD). To file a complaint of 50 percent of the units; and further processing, State Offices will discrimination, write to USDA, Director, (2) 10 points for 51 percent or more respond to applicants by letter. If the Office of Civil Rights, 1400 units used for seasonal, temporary, or application is not accepted for further Independence Avenue, SW., migrant housing. processing, the applicant will be Washington, DC 20250–9410, or call (c) The selection criteria include one notified of appeal rights under 7 CFR (800) 795–3272 (voice) or (202) 720– optional criterion set by the National part 11. 6382 (TDD). USDA is an equal Office. For FY 2009, the National Office opportunity provider and employer. selection criterion is as follows: (1) Up 2. Administrative and National Policy to 10 points will be awarded based on All Farm Labor Housing loans and Dated: May 13, 2009. the presence of and extent to which a grant made pursuant to a contract James C. Alsop, tenant services plan exists that clearly entered into on or after the effective date Acting Administrator, Rural Housing Service. outlines services that will be provided of 7 CFR part 3560 are subject to the [FR Doc. E9–11833 Filed 5–20–09; 8:45 am] to the residents of the proposed project. restrictive-use provisions contained in 7 BILLING CODE P These services may include, but are not CFR 3560.72(a)(2). limited to, transportation related 3. Reporting services, on-site English as a Second DEPARTMENT OF COMMERCE Language (ESL) classes, move-in funds, Borrowers must maintain separate emergency assistance funds, financial records for the operation and Submission for OMB Review; homeownership counseling, food maintenance of the project and the Comment Request pantries, after school tutoring, and service component. Funds allocated to computer learning centers. (2) Two the operation and maintenance of the The Department of Commerce will points will be awarded for each resident project may not be used to supplement submit to the Office of Management and service included in the tenant services the cost of services, nor may service Budget (OMB) for clearance the plan up to a maximum of 10 points. component funds be used to following proposal for collection of Plans must detail how the services are supplement the project operation and information under the provisions of the to be administered, who will administer maintenance. Detailed financial reports Paperwork Reduction Act (44 U.S.C. them, and where they will be on the service component will not be Chapter 35). administered. All tenant service plans required unless specifically requested Agency: National Oceanic and must include letters of intent that by Rural Development, and then only to Atmospheric Administration (NOAA). clearly state the service that will be the extent necessary for Rural Title: Marine Recreational Fisheries provided at the project for the benefit of Development and the borrower to Statistics Survey. the residents from any party discuss the affordability (and OMB Control Number: 0648–0052. administering each service, including competitiveness) of the service Form Number(s): None. the applicant. component by the tenant. Type of Request: Regular submission. (2) Rural Development State Offices The project audit, or verification of Burden Hours: 2,175 (new); 46,920 will conduct the preliminary eligibility accounts on Form RD 3560–10, (current plus new). review, score the pre-applications, and ‘‘Borrower Balance Sheet’’, together Number of Respondents: 16,630 forward them to the National Office. with an accompanying Form RD 3560– (new); 741,305 (current plus new). (3) The National Office will rank all 7 ‘‘Multiple Family Housing Project Average Hours per Response: Pretest, pre-applications nationwide and Budget/Utility Allowance’’ showing 30 minutes; fishing effort screening

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survey, 4 minutes; saltwater angler Frequency: On occasion. 5441 or by e-mail to fishing diary, 30 minutes. Respondent’s Obligation: Voluntary. [email protected]. Needs and Uses: This requested OMB Desk Officer: David Rostker, FOR FURTHER INFORMATION CONTACT: revision will address the National (202) 395–3897. Garth Griffin, Portland, OR (ph.: 503– Copies of the above information Research Council’s (NRC) concerns 231–2005, Fax: 503–230–5441, e-mail: collection proposal can be obtained by regarding potential telephone coverage [email protected]). Permit calling or writing Diana Hynek, error by testing the effectiveness of mail application instructions are available screening surveys for contacting anglers Departmental Paperwork Clearance from the address above. and collecting recreational fishing data. Officer, (202) 482–0266, Department of SUPPLEMENTARY INFORMATION: Like current telephone surveys, mail Commerce, Room 7845, 14th and surveys will target licensed anglers Constitution Avenue, NW., Washington, Species Covered in This Notice (state license databases), as well as DC 20230 (or via the Internet at The following listed species are random households within coastal [email protected]). covered in this notice: states (United States Post Office (USPS), Written comments and Chinook salmon (Oncorhynchus Delivery Sequence File (DSF)). It is recommendations for the proposed tshawytscha): threatened Snake River expected that mail survey frames will information collection should be sent (SR) spring/summer, threatened SR fall. provide more complete coverage of within 30 days of publication of this Steelhead (O. mykiss): threatened SR. angling populations than telephone notice to David Rostker, OMB Desk survey frames because anglers are Officer, FAX number (202) 395–7285, or Authority required to provide an address and/or [email protected]. Scientific research permits are issued present a valid driver’s license when Dated: May 18, 2009. in accordance with section 10(a)(1)(A) purchasing a saltwater fishing license, Gwellnar Banks, of the ESA (16 U.S.C. 1531 et seq.) and and the DSF can provide a complete regulations governing listed fish and frame of residential addresses within Management Analyst, Office of the Chief Information Officer. wildlife permits (50 CFR 222–226). the United States. The proposed mail [FR Doc. E9–11901 Filed 5–20–09; 8:45 am] NMFS issues permits based on findings survey will run concurrently with that such permits: (1) are applied for in BILLING CODE 3510–22–P ongoing telephone surveys for good faith; (2) if granted and exercised, benchmarking purposes, as well as to would not operate to the disadvantage allow direct comparisons between the DEPARTMENT OF COMMERCE of the listed species that are the subject two methodologies. of the permit; and (3) are consistent The NRC also identified potential National Oceanic and Atmospheric with the purposes and policy of section problems with on-site surveys, which Administration 2 of the ESA. The authority to take collect catch information at the listed species is subject to conditions set RIN 0648–XP38 conclusion of recreational fishing trips. forth in the permits. Generally, these surveys are conducted Anyone requesting a hearing on an by trained interviewers at publicly Endangered and Threatened Species; Take of Anadromous Fish application listed in this notice should accessible fishing sites such as public set out the specific reasons why a piers, beaches, marinas and boat ramps. AGENCY: National Marine Fisheries hearing on that application would be Because the coverage of onsite surveys Service (NMFS), National Oceanic and appropriate (see ADDRESSES). Such is limited to public-access sites, Atmospheric Administration (NOAA), hearings are held at the discretion of the estimates of total catch rely on Commerce. Assistant Administrator for Fisheries, assumptions about the behavior and ACTION: NMFS. success of anglers who access the water Application for one scientific from private-access sites such as private research permit modification. Applications Received residences, community beaches, SUMMARY: Notice is hereby given that Permit 1134 – 5M marinas and docks, and private yacht NMFS has received one scientific The Columbia River Inter-Tribal Fish clubs. research permit application request Commission (CRITFC) is seeking to To address these additional concerns, relating to Pacific salmon. The proposed modify Permit 1134, under which they respondents to the effort survey/ research is intended to increase have been conducting research for more screener questionnaire will be sent a knowledge of species listed under the than ten years. The original permit was survey packet for the angler diary Endangered Species Act (ESA) and to in place for five years (63 FR 30199) survey. Combining the two objectives help guide management and with one amendment (67 FR 43909); it into a single data collection effort will conservation efforts. The application expired on December 31, 2002. The next help minimize respondent burden. may be viewed on the NMFS website at permit was also in place for five years The collection of these data is https://apps.nmfs.noaa.gov/preview/ expiring on December 31, 2007; it was necessary to fulfill statutory preview_open_for_comment.cfm. requirements of section 303 of the renewed in 2008. The CRITFC is now Magnuson-Stevens Fishery Conservation DATES: Comments or requests for a asking to modify the permit to increase and Management Act (16 U.S.C. 1853 et public hearing on the applications must listed species take particularly for SR seq.) as amended (MSA) and to comply be received at the appropriate address or fall Chinook salmon. The permit would with Executive Order 12962 on fax number (see ADDRESSES) no later continue covering five study projects Recreational Fisheries. Section 303(a) of than 5 p.m. Pacific standard time on that, among them, would annually take the MSA specifies data and analyses to June 22, 2009. adult and juvenile threatened SR fall be included in Fishery Management ADDRESSES: Written comments on the Chinook salmon; adult and juvenile Plans (FMP), as well as pertinent data applications should be sent to the threatened SR spring/summer Chinook that shall be submitted to the Secretary Protected Resources Division, NMFS, salmon; and adult and juvenile of Commerce under the plan. 1201 NE Lloyd Blvd., Suite 1100, threatened SR steelhead in the Snake Affected Public: Individuals or Portland, OR 97232–1274. Comments River basin. There have been some households. may also be sent via fax to 503–230– changes in the research over the last ten

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years, nonetheless, the projects Dated: May 15, 2009. and regulations are issued. Under the proposed are largely continuations of Angela Somma, MMPA, the term ‘‘taking’’ means to ongoing research. They are: Project 1 – Chief, Endangered Species Division, Office harass, hunt, capture, or kill or to Adult Spring/Summer and Fall Chinook of Protected Resources, National Marine attempt to harass, hunt capture, or kill Salmon and Summer Steelhead Ground Fisheries Service. marine mammals. and Aerial Spawning Ground Surveys; [FR Doc. E9–11943 Filed 5–20–09; 8:45 am] Authorization for incidental taking, in Project 2 – Cryopreservation of Spring/ BILLING CODE 3510–22–S the form of annual LOAs, may be Summer Chinook Salmon and Summer granted by NMFS for periods up to five years if NMFS finds, after notification Steelhead Gametes; Project3 – Adult DEPARTMENT OF COMMERCE and opportunity for public comment, Chinook Salmon Abundance Monitoring that the taking will have a negligible Using Video Weirs, Acoustic Imaging, National Oceanic and Atmospheric impact on the species or stock(s) of and PIT tag Detectors in the South Fork Administration marine mammals, and will not have an Salmon River; Project 4 – Snorkel, RIN 0648–XP19 unmitigable adverse impact on the Seine, Fyke Net, Minnow Trap, and availability of the species or stock(s) for Electrofishing Surveys and Collection of Incidental Taking of Marine Mammals; subsistence uses (where relevant). In Juvenile Chinook Salmon and Taking of Marine Mammals Incidental addition, NMFS must prescribe Steelhead; and Project 5 – Juvenile to the Explosive Removal of Offshore regulations that include permissible Anadromous Salmonid Emigration Structures in the Gulf of Mexico methods of taking and other means Studies Using Rotary Screw Traps. effecting the least practicable adverse Under these tasks, listed adult and AGENCY: National Marine Fisheries impact on the species and its habitat juvenile salmon would be variously (a) Service (NMFS), National Oceanic and (i.e., mitigation), and on the availability observed/harassed during fish Atmospheric Administration (NOAA), of the species for subsistence uses, population and production monitoring Commerce. paying particular attention to rookeries, surveys; (b) captured (using seines, ACTION: Notice; issuance of letters of mating rounds, and areas of similar trawls, traps, hook-and-line angling authorization. significance. The regulations also must equipment, and electrofishing include requirements pertaining to the SUMMARY: In accordance with the monitoring and reporting of such taking. equipment) and anesthetized; (c) Marine Mammal Protection Act sampled for biological information and Regulations governing the taking (MMPA) and implementing regulations, incidental to EROS were published on tissue samples, (d) PIT-tagged or tagged notification is hereby given that NMFS June 19, 2008 (73 FR 34889), and remain with other identifiers, (e) and released. has issued one-year Letters of in effect through July 19, 2013. For The CRITFC does not intend to kill any Authorization (LOA) to take marine detailed information on this action, of the fish being captured, but a small mammals incidental to the explosive please refer to that Federal Register percentage may die as a result of the removal of offshore oil and gas notice. The species that applicants may research activities. structures (EROS) in the Gulf of Mexico. take in small numbers during EROS The research has many purposes and DATES: These authorizations are activities are bottlenose dolphins would benefit listed salmon and effective from May 13, 2009 through (Tursiops truncatus), Atlantic spotted steelhead in different ways. However, in May 12, 2010. dolphins (Stenella frontalis), general, the studies are part of ongoing ADDRESSES: The applications and LOAs pantropical spotted dolphins (Stenella efforts to monitor the status of listed are available for review by writing to P. attenuata), Clymene dolphins (Stenella species in the Snake River basin and to Michael Payne, Chief, Permits, clymene), striped dolphins (Stenella use those data to inform decisions about Conservation, and Education Division, coeruleoalba), spinner dolphins land and fisheries management actions Office of Protected Resources, National (Stenella longirostris), rough-toothed dolphins (Steno bredanensis), Risso’s and to help prioritize and plan recovery Marine Fisheries Service, 1315 East- dolphins (Grampus griseus), melon- measures for the listed species. Under West Highway, Silver Spring, MD headed whales (Peponocephala electra), the proposal, the studies would 20910–3235 or by telephoning the contact listed here (see FOR FURTHER pilot whales (Globicephala continue to benefit listed species by macrorhynchus), and sperm whales generating population abundance INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/ (Physeter macrocephalus). estimates, allowing comparisons to be Pursuant to these regulations, NMFS incidental.htm. Documents cited in this made between naturally reproducing has issued LOAs to McMoRan Oil & Gas notice may be viewed, by appointment, populations and those being LLC, Maritech Resources, Inc., and during regular business hours, at the supplemented with hatchery fish, and Dynamic Offshore Resources NS, LLC. aforementioned address. helping preserve listed salmon and Issuance of the LOAs are based on a steelhead genetic diversity. FOR FURTHER INFORMATION CONTACT: finding made in the preamble to the Howard Goldstein or Ken Hollingshead, final rule that the total taking by these This notice is provided pursuant to Office of Protected Resources, NMFS, section 10(c) of the ESA. NMFS will activities (with monitoring, mitigation, 301–713–2289. and reporting measures) will result in evaluate the application, associated SUPPLEMENTARY INFORMATION: Section no more than a negligible impact on the documents, and comments submitted to 101(a)(5)(A) of the MMPA (16 U.S.C. affected species or stock(s) of marine determine whether the application 1361 et seq.) directs the NMFS to allow, mammals and will not have an meets the requirements of section 10(a) upon request, the incidental, but not unmitigable adverse impact on of the ESA and Federal regulations. The intentional, taking of small numbers of subsistence uses. NMFS also finds that final permit decision will not be made marine mammals by United States the applicant will meet the until after the end of the 30–day citizens who engage in a specified requirements contained in the comment period. NMFS will publish activity (other than commercial fishing) implementing regulations and LOA, notice of its final action in the Federal within a specified geographical region, including monitoring, mitigation, and Register. if certain findings are made by NMFS reporting requirements.

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Dated: May 14, 2009. times and the agenda topics are subject PERSON TO CONTACT FOR INFORMATION: James H. Lecky, to change. The meeting will be webcast. Bryan Whitener, Telephone: (202) 566– Director, Office of Protected Resources, Please refer to NTIA’s web site, http:// 3100. National Marine Fisheries Service. www.ntia.doc.gov, for the most up-to- Gracia M. Hillman, [FR Doc. E9–11942 Filed 5–20–09; 8:45 am] date meeting agenda and webcast Vice-Chair, U.S. Election Assistance BILLING CODE 3510–22–S information. Place: The meeting will be held at the Commission. Federal Communications Commission, [FR Doc. E9–11987 Filed 5–19–09; 11:15 am] DEPARTMENT OF COMMERCE 445 12th Street SW, Washington, DC BILLING CODE 6820–KF–P 20554. The meeting will be open to the National Telecommunications and public and press on a first-come, first- Information Administration served basis. Space is limited. The DEPARTMENT OF ENERGY public meeting is physically accessible Online Safety and Technology Working to people with disabilities. Individuals Federal Energy Regulatory Group Meeting requiring special services, such as sign Commission AGENCY: National Telecommunications language interpretation or other [Docket No. RM93–11–000] and Information Administration, U.S. ancillary aids, are asked to notify Mr. Department of Commerce. Gattuso, at (202) 482–0977 or Revisions to Oil Pipeline Regulations [email protected], at least five (5) Pursuant to the Energy Policy Act of ACTION: Notice of Public Meeting. business days before the meeting. 1992; Notice of Annual Change in the Producer Price Index for Finished SUMMARY: This notice announces the Dated: May 18, 2009. Goods first public meeting of the Online Safety Kathy D. Smith, and Technology Working Group Chief Counsel, National Telecommunications May 14, 2009. (OSTWG). and Information Administration. The Commission’s regulations include DATES: The meeting will be held on June [FR Doc. E9–11918 Filed 5–20–09; 8:45 am] a methodology for oil pipelines to 4, 2009, from 10:00 a.m. to 1:00 p.m., BILLING CODE 3510–60–S change their rates through use of an Eastern Daylight Time. index system that establishes ceiling ADDRESSES: The meeting will be held at levels for such rates. The Commission the Federal Communications ELECTION ASSISTANCE COMMISSION bases the index system, found at 18 CFR Commission, 445 12th Street SW., 342.3, on the annual change in the Washington, DC 20554. Sunshine Act Notice Producer Price Index for Finished Goods (PPI–FG), plus one point three FOR FURTHER INFORMATION CONTACT: Joe AGENCY: U.S. Election Assistance percent (PPI+1.3). The Commission Gattuso at (202) 482–0977 or Commission. [email protected]; and/or visit determined in an ‘‘Order Establishing ACTION: Notice of Public Meeting for Index for Oil Price Change Ceiling NTIA’s Web site at http:// EAC Board of Advisors. www.ntia.doc.gov. Levels’’ issued March 21, 2006, that PPI+1.3 is the appropriate oil pricing DATE AND TIME: Tuesday, June 2, 2009, SUPPLEMENTARY INFORMATION: index factor for pipelines to use.1 8 a.m.–5:30 p.m. and Wednesday, June Background: NTIA established the The regulations provide that the 3, 2009, 8 a.m.–5 p.m. and Thursday, OSTWG pursuant to Section 214 of the Commission will publish annually, an June 4, 2009, 9 a.m.–12 Noon. Protecting Children in the 21st Century index figure reflecting the final change Act (the Act). The OSTWG is composed PLACE: Hamilton Crowne Plaza Hotel, in the PPI–FG, after the Bureau of Labor of representatives of relevant sectors of Oasis Room at the Sphinx Club, 1315 K Statistics publishes the final PPI–FG in the business community, public interest Street, Washington, DC 20005, phone May of each calendar year. The annual groups, and other appropriate groups number (202) 682–0111. average PPI–FG index figures were and Federal agencies. The members PURPOSE: The U.S. Election Assistance 166.6 for 2007 and 177.1 for 2008.2 were selected for their expertise and Commission (EAC) Board of Advisors, Thus, the percent change (expressed as experience in online safety issues, as as required by the Help America Vote a decimal) in the annual average PPI–FG well as their ability to represent the Act of 2002, will meet to receive from 2007 to 2008, plus 1.3 percent, is views of the various industry updates on EAC program activities. The positive 0.076025.3 Oil pipelines must stakeholders. Board will receive updates on multiply their July 1, 2008, through June According to the Act, the OSTWG is comments received regarding the 30, 2009, index ceiling levels by tasked with evaluating industry efforts Elections Operation Assessment Project. to promote a safe online environment The Board will receive updates on the 1 114 FERC ¶ 61,293 at P 2 (2006). for children. The Act requires the proposed next iteration of the Voluntary 2 Bureau of Labor Statistics (BLS) publishes the OSTWG report its findings and Voting System Guidelines. The Board final figure in mid-May of each year. This figure is recommendations to the Assistant will discuss proposed updates and publicly available from the Division of Industrial Prices and Price Indexes of the BLS, at (202) 691– Secretary for Communications and improvements to the 2005 Voluntary 7705, and in print in August in Table 1 of the Information and to Congress within one Voting System Guidelines. The Board annual data supplement to the BLS publication (1) year after its first meeting. will discuss and consider a committee Producer Price Indexes via the Internet at http:// Matters to Be Considered: This will be recommendation on the proposed Draft www.bls.gov/ppi/home.htm. To obtain the BLS data, scroll down to ‘‘PPI Databases’’ and click on the first meeting of the OSTWG. The EAC Report to Congress on Election Day ‘‘Top Picks’’ of the Commodity Data (Producer Price primary purpose of this initial meeting Data Grants Program. The Board will Index—PPI). At the next screen, under the heading is to organize the OSTWG and establish hear committee reports, elect officers ‘‘Producer Price Index/PPI Commodity Data,’’ select future agendas and work schedule. and consider other administrative the first box, ‘‘Finished goods—WPUSOP3000,’’ then scroll all the way to the bottom of this screen Time and Date: The meeting will be matters. and click on Retrieve data. held on June 4, 2009, from 10:00 a.m. This Meeting will be open to the 3 [177.1 ¥ 166.6] / 166.6 = 0.063025 + .013 = to 1:00 p.m. Eastern Daylight Time. The public. 0.076025.

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positive 1.076025 4 to compute their the Wills Creek, in Coshocton County, DEPARTMENT OF ENERGY index ceiling levels for July 1, 2009, Ohio. Federal Energy Regulatory through June 30, 2010, in accordance The proposed Pleasant Hill Commission with 18 CFR 342.3(d). For guidance in Hydroelectric Project would be located calculating the ceiling levels for each 12 at: (1) The existing U.S. Army Corps of [Project No. 13463–000] month period beginning January 1, Engineers 1,950-foot-long, 87-foot-high l995,5 see Explorer Pipeline Company, Hydro Energy Technologies, LLC; Wills Creek Dam; and (2) an existing 71 FERC 61,416 at n.6 (1995). Notice of Preliminary Permit 11,450-acre reservoir having a normal In addition to publishing the full text Applications Accepted for Filing and of this Notice in the Federal Register, water surface elevation of 742 feet mean Soliciting Comment, Motions To the Commission provides all interested sea level. Intervene, and Competing Applications persons an opportunity to view and/or The proposed project would consist print this Notice via the Internet of: (1) A new powerhouse containing a May 13, 2009. through FERC’s Home Page (http:// single turbine generating unit with an On May 5, 2009, Hydro Energy www.ferc.gov) and in FERC’s Public installed capacity of 1.5 megawatts; (2) Technologies, LLC filed an application, pursuant to section 4(f) of the Federal Reference Room during normal business a new 100-foot-long, 96-inch-diameter Power Act, proposing to study the hours (8:30 a.m. to 5 p.m. Eastern time) penstock; (3) a new switchyard; (4) a feasibility of the Pleasant Hill at 888 First Street, NE., Room 2A, new 1-mile-long, 15-kilovolt Washington, DC 20426. The full text of Hydroelectric Project, to be located on transmission line; and (5) appurtenant the Clear Fork of Mohican River, in this Notice is available on FERC’s Home facilities. The Wills Creek Project would Page at the eLibrary link. To access this Ashland County, Ohio. have an estimated average annual The proposed Pleasant Hill document in eLibrary, type the docket generation of 9.2 gigawatt-hours, which Hydroelectric Project would be located number excluding the last three digits of would be sold to a local utility. at: (1) The existing U.S. Army Corps of this document in the docket number Engineers 775-foot-long, 113-foot-high field and follow other directions on the Applicant Contact: Mr. Anthony J. Pleasant Hill Dam; and (2) an existing search page. Marra Jr., President, Hydro Energy 2,600-acre reservoir with a normal water User assistance is available for Technologies, LLC, 31300 Solon Rd. surface elevation of 1,020 feet mean sea eLibrary and other aspects of FERC’s Suite 12, Solon, OH 44139, (440) 498– 1000. level. Web site during normal business hours. The proposed project would consist For assistance, please contact the FERC Contact: John Ramer, (202) 502– of: (1) A new powerhouse containing a Commission’s Online Support at 1–866– 8969. single turbine generating unit with an 208–3676 (toll free) or 202–502–6652 (e- installed capacity of 1.5 megawatts; (2) mail at [email protected]), Deadline for filing comments, motions to intervene, competing applications a new 200-foot-long, 60-inch-diameter or the Public Reference Room at (202) penstock; (3) a new switchyard; (4) a 502–8371, TTY (202) 502–8659. E-Mail (without notices of intent), or notices of intent to file competing applications: 60 new 1-mile-long, 25-kilovolt the Public Reference Room at transmission line; and (5) appurtenant [email protected]. days from the issuance of this notice. Comments, motions to intervene, facilities. The Pleasant Hill Project Kimberly D. Bose, notices of intent, and competing would have an estimated average annual Secretary. applications may be filed electronically generation of 5.4 gigawatt-hours, which [FR Doc. E9–11794 Filed 5–20–09; 8:45 am] via the Internet. See 18 CFR would be sold to a local utility. Applicant Contact: Mr. Anthony J. BILLING CODE 6717–01–P 385.2001(a)(1)(iii) and the instructions Marra Jr., President, Hydro Energy on the Commission’s Website under the Technologies, LLC, 31300 Solon Rd. ‘‘e-Filing’’ link. If unable to be filed DEPARTMENT OF ENERGY Suite 12, Solon, OH 44139, (440) 498– electronically, documents may be paper- 1000. Federal Energy Regulatory filed. To paper-file, an original and eight FERC Contact: John Ramer, (202) 502– Commission copies should be mailed to: Kimberly D. 8969. Bose, Secretary, Federal Energy Deadline for filing comments, motions [Project No. 13464–000] Regulatory Commission, 888 First to intervene, competing applications Street, NE., Washington, DC 20426. For (without notices of intent), or notices of Hydro Energy Technologies, LLC; more information on how to submit intent to file competing applications: 60 Notice of Preliminary Permit these types of filings please go to the days from the issuance of this notice. Applications Accepted for Filing and Commission’s Website located at http:// Comments, motions to intervene, Soliciting Comment, Motions To www.ferc.gov/filing-comments.asp. notices of intent, and competing Intervene, and Competing Applications More information about this project can applications may be filed electronically via the Internet. See 18 CFR May 13, 2009. be viewed or printed on the ‘‘eLibrary’’ 385.2001(a)(1)(iii) and the instructions On May 5, 2009, Hydro Energy link of Commission’s Web site at http:// www.ferc.gov/docs-filing/elibrary.asp. on the Commission’s Web site under the Technologies, LLC filed an application, ‘‘e-Filing’’ link. If unable to be filed pursuant to section 4(f) of the Federal Enter the docket number (P–13464) in the docket number field to access the electronically, documents may be paper- Power Act, proposing to study the filed. To paper-file, an original and eight document. For assistance, call toll-free feasibility of the Wills Creek copies should be mailed to: Kimberly D. 1–866–208–3372. Hydroelectric Project, to be located on Bose, Secretary, Federal Energy Kimberly D. Bose, Regulatory Commission, 888 First 4 1 + 0.076025 = 1.076025. Street, NE., Washington, DC 20426. For 5 For a listing of all prior multipliers issued by the Secretary. Commission, see the Commission’s Web site, [FR Doc. E9–11786 Filed 5–19–09; 8:45 am] more information on how to submit http://www.ferc.gov. The table of multipliers can be these types of filings please go to the BILLING CODE 6717–01–P found under the headings ‘‘Oil’’ and ‘‘Index.’’ Commission’s Web site located at http://

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www.ferc.gov/filing-comments.asp. FERC Contact: Patrick Murphy, (202) Dam No. 7 comprised of a 940-foot-long More information about this project can 502–8755. gated dam section with 5 roller gates be viewed or printed on the ‘‘eLibrary’’ Deadline for filing comments, motions and 11 tainter gates, a 600 foot-long link of Commission’s Web site at http:// to intervene, competing applications lock, and a 8,100-foot-long earth dike; www.ferc.gov/docs-filing/elibrary.asp. (without notices of intent), or notices of and (2) an existing 21-square-mile Enter the docket number (P–13463) in intent to file competing applications: 60 reservoir at a normal pool elevation of the docket number field to access the days from the issuance of this notice. 639.0 feet mean sea level and 79,000 document. For assistance, call toll-free Comments, motions to intervene, acre-feet of storage. 1–866–208–3372. notices of intent, and competing applications may be filed electronically The proposed project would consist Kimberly D. Bose, via the Internet. See 18 CFR of: (1) 25 Very Low Head (VHL) Secretary. 385.2001(a)(1)(iii) and the instructions generating units and 75 hydrokinetic [FR Doc. E9–11792 Filed 5–20–09; 8:45 am] on the Commission’s Web site under the generating units totaling 14.5 megawatts BILLING CODE 6717–01–P ‘‘e-Filing’’ link. If unable to be filed (MW) installed capacity; (2) a new 69- electronically, documents may be paper- kilovolt transmission line connected to filed. To paper-file, an original and eight an existing above ground local DEPARTMENT OF ENERGY copies should be mailed to: Kimberly D. distribution system; and (3) appurtenant facilities. The project would have an Federal Energy Regulatory Bose, Secretary, Federal Energy Commission Regulatory Commission, 888 First estimated average annual generation of Street, NE., Washington, DC 20426. For 73,600 megawatt-hours. [Project No. 13338–000] more information on how to submit Applicant Contact: Mr. Daniel R. these types of filings please go to the Irvin, Free Flow Power Corporation, 33 FFP Kansas 1 LLC d/b/a FFP Lock & Commission’s Web site located at http:// Commercial Street, Gloucester, MA Dam No. 9; Notice of Preliminary www.ferc.gov/filing-comments.asp. 01930, phone (978) 252–7631. Permit Application Accepted for Filing More information about this project can and Soliciting Comment, Motions To be viewed or printed on the ‘‘eLibrary’’ FERC Contact: Patrick Murphy, (202) Intervene, and Competing Applications link of Commission’s Web site at http:// 502–8755. May 14, 2009. www.ferc.gov/docs-filing/elibrary.asp. Deadline for filing comments, motions On November 24, 2008, FFP Kansas 1 Enter the docket number (P–13338) in to intervene, competing applications LLC d/b/a FFP Lock & Dam No. 9 filed the docket number field to access the (without notices of intent), or notices of an application, pursuant to section 4(f) document. For assistance, call toll-free intent to file competing applications: 60 of the Federal Power Act, proposing to 1–866–208–3372. days from the issuance of this notice. study the feasibility of the Mississippi Kimberly D. Bose, Comments, motions to intervene, River Lock and Dam No. 9 Water Power Secretary. notices of intent, and competing Project (Lock & Dam 9 Project), to be [FR Doc. E9–11803 Filed 5–20–09; 8:45 am] applications may be filed electronically located at River Mile 647.9 on the BILLING CODE 6717–01–P via the Internet. See 18 CFR Mississippi River in Allamakee County, 385.2001(a)(1)(iii) and the instructions Iowa, and Crawford, Wisconsin, and on the Commission’s Web site under the near the town of Lynxville, WI. Also, DEPARTMENT OF ENERGY ‘‘e-Filing’’ link. If unable to be filed the reservoir runs through a portion of electronically, documents may be paper- the Upper Mississippi River National Federal Energy Regulatory filed. To paper-file, an original and eight Wildlife and Fish Refuge. Commission copies should be mailed to: Kimberly D. The proposed Lock & Dam 9 Project [Project No. 13337–000] Bose, Secretary, Federal Energy would be integral with: (1) The existing Regulatory Commission, 888 First U.S. Army Corps of Engineers Lock & FFP Project 34, LLC; Notice of Street, NE., Washington, DC 20426. For Dam No. 9 comprised of an 811-foot- Preliminary Permit Application more information on how to submit long gated dam section with 5 roller Accepted for Filing and Soliciting gates and 8 tainter gates, and a 600 foot- these types of filings please go to the Comment, Motions To Intervene, and Commission’s Web site located at http:// long lock, and; (2) an existing 17-mile- Competing Applications long reservoir extending from River www.ferc.gov/filing-comments.asp. Mile 648 to River Mile 679 at a normal May 14, 2009. More information about this project can pool elevation of 620.0 feet mean sea On November 24, 2008, FFP Project be viewed or printed on the ‘‘eLibrary’’ level. 34, LLC filed an application, pursuant to link of Commission’s Web site at http:// The proposed project would consist section 4(f) of the Federal Power Act, www.ferc.gov/docs-filing/elibrary.asp. of: (1) 25 Very Low Head (VHL) proposing to study the feasibility of the Enter the docket number (P–13337) in generating units and 50 hydrokinetic Mississippi River Lock and Dam No. 7 the docket number field to access the generating units totaling 13.4 megawatts Water Power Project (Lock & Dam 7 document. For assistance, call toll-free (MW) installed capacity; (2) a new 69- Project), to be located at River Mile 1–866–208–3372. kilovolt transmission line connected to 702.5 on the Mississippi River in an existing above ground local Winona County, Minnesota, and La Kimberly D. Bose, distribution system; and (3) appurtenant Crosse, Wisconsin, and near the town of Secretary. facilities. The project would have an La Crescent, MN. Also, the reservoir [FR Doc. E9–11802 Filed 5–20–09; 8:45 am] estimated average annual generation of runs through a portion of the Upper BILLING CODE 6717–01–P 68,400 megawatt-hours. Mississippi River National Wildlife and Applicant Contact: Mr. Daniel R. Fish Refuge. Irvin, Free Flow Power Corporation, 33 The proposed Lock & Dam 7 Project Commercial Street, Gloucester, MA would be integral with: (1) The existing 01930, phone (978) 252–7631. U.S. Army Corps of Engineers Lock &

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DEPARTMENT OF ENERGY copies should be mailed to: Kimberly D. Applicant Contact: Mr. Daniel R. Bose, Secretary, Federal Energy Irvin, Free Flow Power Corporation, 33 Federal Energy Regulatory Regulatory Commission, 888 First Commercial Street, Gloucester, MA Commission Street, NE., Washington, DC 20426. For 01930, phone (978) 252–7631. [Project No. 13336–000] more information on how to submit FERC Contact: Patrick Murphy, (202) these types of filings please go to the 502–8755. FFP Project 34, LLC; Notice of Commission’s Web site located at http:// Deadline for filing comments, motions Preliminary Permit Application www.ferc.gov/filing-comments.asp. to intervene, competing applications Accepted for Filing and Soliciting More information about this project can (without notices of intent), or notices of Comment, Motions To Intervene, and be viewed or printed on the ‘‘eLibrary’’ intent to file competing applications: 60 Competing Applications link of Commission’s Web site at http:// days from the issuance of this notice. www.ferc.gov/docs-filing/elibrary.asp. Comments, motions to intervene, May 14, 2009. Enter the docket number (P–13336) in notices of intent, and competing On November 24, 2008, FFP Project the docket number field to access the applications may be filed electronically 34, LLC filed an application, pursuant to document. For assistance, call toll-free via the Internet. See 18 CFR section 4(f) of the Federal Power Act, 1–866–208–3372. 385.2001(a)(1)(iii) and the instructions proposing to study the feasibility of the on the Commission’s Web site under the Mississippi River Lock and Dam No. 6 Kimberly D. Bose, ‘‘e-Filing’’ link. If unable to be filed Water Power Project (Lock & Dam 6 Secretary. electronically, documents may be paper- Project), to be located at River Mile [FR Doc. E9–11801 Filed 5–20–09; 8:45 am] filed. To paper-file, an original and eight 714.3 on the Mississippi River in BILLING CODE 6717–01–P copies should be mailed to: Kimberly D. Trempealeau County, Wisconsin and Bose, Secretary, Federal Energy Winona County, Minnesota, and near Regulatory Commission, 888 First the town of Trempealeau, WI. Also, the DEPARTMENT OF ENERGY Street, NE., Washington, DC 20426. For reservoir runs through a portion of the more information on how to submit Federal Energy Regulatory Upper Mississippi River National these types of filings please go to the Commission Wildlife and Fish Refuge. Commission’s Web site located at http:// The proposed Lock & Dam 6 Project www.ferc.gov/filing-comments.asp. would be integral with: (1) The existing [Project No. 13335–000] More information about this project can U.S. Army Corps of Engineers Lock & be viewed or printed on the ‘‘eLibrary’’ FFP Project 31, LLC; Notice of Dam No. 6 comprised of an 893-foot- link of Commission’s Web site at http:// Preliminary Permit Application long gated dam section with 5 roller www.ferc.gov/docs-filing/elibrary.asp. Accepted for Filing and Soliciting gates and 10 tainter gates, and a 600 Enter the docket number (P–13335) in Comment, Motions To Intervene, and foot-long lock; and (2) an existing 14- the docket number field to access the Competing Applications mile long, 21,817-acre reservoir at a document. For assistance, call toll-free normal pool elevation of 645.5 feet 1–866–208–3372. mean sea level and 31,200 acre-feet of May 14, 2009. storage. On November 24, 2008, FFP Project Kimberly D. Bose, The proposed project would consist 31, LLC filed an application, pursuant to Secretary. section 4(f) of the Federal Power Act, of: (1) 30 Very Low Head (VHL) [FR Doc. E9–11800 Filed 5–20–09; 8:45 am] proposing to study the feasibility of the generating units and 70 hydrokinetic BILLING CODE 6717–01–P generating units totaling 11.0 megawatts Mississippi River Lock and Dam No. 4 (MW) installed capacity; (2) a new 69- Water Power Project (Lock & Dam 4 kilovolt transmission line connected to Project), to be located at River Mile DEPARTMENT OF ENERGY an existing above ground local 752.8 on the Mississippi River in the distribution system; and (3) appurtenant City of Alma, Buffalo County, Federal Energy Regulatory facilities. The project would have an Wisconsin, and Wabasha County, Commission Minnesota. estimated average annual generation of [Project No. 13334–000] 55,900 megawatt-hours. The proposed Lock & Dam 4 Project Applicant Contact: Mr. Daniel R. would be integral with: (1) The existing FFP Project 31, LLC; Notice of Irvin, Free Flow Power Corporation, 33 U.S. Army Corps of Engineers Lock & Preliminary Permit Application Commercial Street, Gloucester, MA Dam No. 4 comprised of a 1,367-foot- Accepted for Filing and Soliciting 01930, phone (978) 252–7631. long gated dam section with 6 roller Comment, Motions To Intervene, and FERC Contact: Patrick Murphy, (202) gates and 22 tainter gates, and a 600 Competing Applications 502–8755. foot-long lock; and (2) an existing 44.1- Deadline for filing comments, motions mile long reservoir with a normal pool May 14, 2009. to intervene, competing applications elevation of 667 feet mean sea level and On November 24, 2008, FFP Project (without notices of intent), or notices of 31,200 acre-feet of storage. 31, LLC filed an application, pursuant to intent to file competing applications: 60 The proposed project would consist section 4(f) of the Federal Power Act, days from the issuance of this notice. of: (1) 24 Very Low Head (VHL) proposing to study the feasibility of the Comments, motions to intervene, generating units and 70 hydrokinetic Mississippi River Lock and Dam No. 3 notices of intent, and competing generating units with a total installed Water Power Project (Lock & Dam 3 applications may be filed electronically capacity of 11.4 megawatts (MW); (2) a Project), to be located at River Mile via the Internet. See 18 CFR new 69-kilovolt transmission line 796.9 on the Mississippi River in 385.2001(a)(1)(iii) and the instructions connected to an existing above ground Goodhue County, Minnesota, and Pierce on the Commission’s Web site under the local distribution system; and (3) County, Wisconsin, six miles north of ‘‘e-Filing’’ link. If unable to be filed appurtenant facilities. The project Red Wing, Minnesota. electronically, documents may be paper- would have an estimated average annual The proposed Lock & Dam 3 Project filed. To paper-file, an original and eight generation of 57,900 megawatt-hours. would be integral with: (1) The existing

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U.S. Army Corps of Engineers Lock & DEPARTMENT OF ENERGY Procedure (18 CFR 385.214 or 385.211) Dam No. 3 comprised of a 365-foot-long and the Regulations under the NGA (18 gated dam section and a 600-foot-long Federal Energy Regulatory CFR 157.10). A person obtaining party lock; and (2) an existing 8.3-mile long Commission status will be placed on the service list reservoir with a normal pool elevation [Docket No. CP09–237–000] maintained by the Secretary of the of 675 feet mean sea level and 31,200 Commission and will receive copies of acre-feet of storage. Transcontinental Gas Pipe Line all documents filed by the applicant and Company, LLC; Notice of Application by all other parties. A party must submit The proposed project would consist 14 copies of filings made in the of: (1) 20 Very Low Head (VHL) May 14, 2009. proceeding with the Commission and generating units and 60 hydrokinetic Take notice that on April 30, 2009, must mail a copy to the applicant and generating units with a total installed Transcontinental Gas Pipe Line to every other party. Only parties to the capacity of 11.0 megawatts (MW); (2) a Company, LLC (Transco), Post Office proceeding can ask for court review of new 69-kilovolt transmission line Box 1396, Houston, Texas 77251, filed Commission orders in the proceeding. connected to an existing above ground in the above referenced docket an However, a person does not have to local distribution system; and (3) application pursuant to section 7(c) of intervene in order to have comments appurtenant facilities. The project the NGA and Part 157 of the considered. The second way to would have an estimated average annual Commission’s regulations, for a participate is by filing with the generation of 56,300 megawatt-hours. certificate of public convenience and Secretary of the Commission, as soon as authorizing the construction and possible, an original and two copies of Applicant Contact: Mr. Daniel R. operation of Delta Lateral Project comments in support of or in opposition Irvin, Free Flow Power Corporation, 33 (Project) in York County, Pennsylvania. to this project. The Commission will Commercial Street, Gloucester, MA The Project consists of the construction consider these comments in 01930, phone (978) 252–7631. of a new 3.42 mile 16-inch delivery determining the appropriate action to be FERC Contact: Patrick Murphy, (202) lateral extending from Transco’s taken, but the filing of a comment alone 502–8755. mainline Station 195 to the Delta Power will not serve to make the filer a party Plant in Peach Bottom Township, Deadline for filing comments, motions to the proceeding. The Commission’s Pennsylvania. The Project will provide rules require that persons filing to intervene, competing applications 208,800 dekatherms per day of firm comments in opposition to the project (without notices of intent), or notices of natural gas transportation service to provide copies of their protests only to intent to file competing applications: 60 Conectiv Energy Supply, Inc., owner of the party or parties directly involved in days from the issuance of this notice. the Delta Power Plant, all as more fully the protest. Comments, motions to intervene, set forth in the application which is on Persons who wish to comment only notices of intent, and competing file with the Commission and open to on the environmental review of this applications may be filed electronically public inspection. The filing is available project should submit an original and via the Internet. See 18 CFR for review at the Commission in the two copies of their comments to the 385.2001(a)(1)(iii) and the instructions Public Reference Room or may be Secretary of the Commission. on the Commission’s Web site under the viewed on the Commission’s Web site Environmental commentors will be ‘‘e-Filing’’ link. If unable to be filed Web at http://www.ferc.gov using the placed on the Commission’s electronically, documents may be paper- ‘‘eLibrary’’ link. Enter the docket environmental mailing list, will receive filed. To paper-file, an original and eight number excluding the last three digits in copies of the environmental documents, copies should be mailed to: Kimberly D. the docket number field to access the and will be notified of meetings Bose, Secretary, Federal Energy document. For assistance, contact FERC associated with the Commission’s Regulatory Commission, 888 First at [email protected] or call environmental review process. Street, NE., Washington, DC 20426. For toll-free, (886) 208–3676 or TTY, (202) Environmental commentors will not be more information on how to submit 502–8659. required to serve copies of filed Any questions regarding the these types of filings please go to the documents on all other parties. application are to be directed to Marg However, the non-party commentors Commission’s Web site located at http:// Camardello, Manager, Tariffs and will not receive copies of all documents www.ferc.gov/filing-comments.asp. Certificates, PO Box 1396, Houston, filed by other parties or issued by the More information about this project can Texas 77251, phone (713) 215–3380. Commission (except for the mailing of be viewed or printed on the ‘‘eLibrary’’ Additionally, Transco has established a environmental documents issued by the link of Commission’s Web site at http:// toll-free telephone number, (866) 455 Commission) and will not have the right www.ferc.gov/docs-filing/elibrary.asp. 9103, and e-mail address, to seek court review of the Enter the docket number (P–13334) in [email protected], so Commission’s final order. the docket number field to access the that parties can call with questions The Commission strongly encourages document. For assistance, call toll-free about the Project. electronic filings of comments, protests 1–866–208–3372. There are two ways to become and interventions in lieu of paper using involved in the Commission’s review of the ‘‘eFiling’’ link at http:// Kimberly D. Bose, this project. First, any person wishing to www.ferc.gov. Persons unable to file Secretary. obtain legal status by becoming a party electronically should submit an original [FR Doc. E9–11799 Filed 5–20–09; 8:45 am] to the proceedings for this project and 14 copies of the protest or BILLING CODE 6717–01–P should, on or before the comment date intervention to the Federal Energy stated below file with the Federal regulatory Commission, 888 First Street, Energy Regulatory Commission, 888 NE., Washington, DC 20426. First Street, NE., Washington, DC 20426, This filing is accessible on-line at a motion to intervene in accordance http://www.ferc.gov, using the with the requirements of the ‘‘eLibrary’’ link and is available for Commission’s Rules of Practice and review in the Commission’s Public

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Reference Room in Washington, DC. calling (713) 420–3290 (telephone) or provide copies of their protests only to There is an ‘‘eSubscription’’ link on the (713) 420–1605 (fax), the party or parties directly involved in Web site that enables subscribers to [email protected]. the protest. receive e-mail notification when a Pursuant to section 157.9 of the Persons who wish to comment only document is added to a subscribed Commission’s rules, 18 CFR 157.9, on the environmental review of this docket(s). For assistance with any FERC within 90 days of this Notice the project should submit an original and Online service, please e-mail Commission staff will either: Complete two copies of their comments to the [email protected], or call its environmental assessment (EA) and Secretary of the Commission. (866) 208–3676 (toll free). For TTY, call place it into the Commission’s public Environmental commenters will be (202) 502–8659. record (eLibrary) for this proceeding, or placed on the Commission’s Comment Date: June 4, 2009. issue a Notice of Schedule for environmental mailing list, will receive Environmental Review. If a Notice of copies of the environmental documents, Kimberly D. Bose, Schedule for Environmental Review is and will be notified of meetings Secretary. issued, it will indicate, among other associated with the Commission’s [FR Doc. E9–11795 Filed 5–20–09; 8:45 am] milestones, the anticipated date for the environmental review process. BILLING CODE 6717–01–P Commission staff’s issuance of the final Environmental commenters will not be environmental impact statement (FEIS) required to serve copies of filed or EA for this proposal. The filing of the documents on all other parties. DEPARTMENT OF ENERGY EA in the Commission’s public record However, the non-party commenters for this proceeding or the issuance of a will not receive copies of all documents Federal Energy Regulatory Notice of Schedule for Environmental Commission filed by other parties or issued by the Review will serve to notify Federal and Commission (except for the mailing of [Docket No. CP09–191–000] State agencies of the timing for the environmental documents issued by the completion of all necessary reviews, and Commission) and will not have the right Tennessee Gas Pipeline Company; the subsequent need to complete all to seek court review of the Notice of Application Federal authorizations within 90 days of Commission’s final order. the date of issuance of the Commission Motions to intervene, protests and May 14, 2009. staff’s FEIS or EA. Take notice that on April 28, 2009, comments may be filed electronically There are two ways to become via the Internet in lieu of paper; see, 18 Tennessee Gas Pipeline Company involved in the Commission’s review of (Tennessee), 1001 Louisiana Street, CFR 385.2001(a)(1)(iii) and the this project. First, any person wishing to instructions on the Commission’s Web Houston, Texas 77002, filed in Docket obtain legal status by becoming a party No. CP09–191–000, an application site under the ‘‘e-Filing’’ link. The to the proceedings for this project Commission strongly encourages pursuant to section 7(b) of the Natural should, on or before the comment date Gas Act (NGA) and Part 157 of the electronic filings. stated below, file with the Federal Comment Date: June 4, 2009. Commission’s regulations, requesting Energy Regulatory Commission, 888 authorization to abandon by sale Lines First Street, NE., Washington, DC 20426, Kimberly D. Bose, 523M–8900, 523M–9000, 523M–9100, a motion to intervene in accordance Secretary. 523M–9200, and 523M–9300, located in with the requirements of the [FR Doc. E9–11806 Filed 5–20–09; 8:45 am] Federal waters offshore Louisiana, all as Commission’s Rules of Practice and BILLING CODE 6717–01–P more fully set forth in the application Procedure (18 CFR 385.214 or 385.211) which is on file with the Commission and the Regulations under the NGA (18 and open to public inspection. This CFR 157.10). A person obtaining party DEPARTMENT OF ENERGY filing may also be viewed on the status will be placed on the service list Commission’s Web site at http:// maintained by the Secretary of the Federal Energy Regulatory www.ferc.gov using the ‘‘eLibrary’’ link. Commission and will receive copies of Commission Enter the docket number, excluding the all documents filed by the applicant and [Docket No. DI09–8–000] last three digits, in the docket number by all other parties. A party must submit field to access the document. For 14 copies of filings made with the General Power Engineering assistance, call (866) 208–3676 or TTY, Commission and must mail a copy to Associates, Inc.; Notice of Declaration (202) 502–8659. the applicant and to every other party in of Intention and Soliciting Comments, Any questions regarding this the proceeding. Only parties to the Protests, and/or Motions To Intervene application should be directed to Susan proceeding can ask for court review of T. Halbach, Senior Counsel, Tennessee Commission orders in the proceeding. May 13, 2009. Gas Pipeline Company, 1001 Louisiana However, a person does not have to Take notice that the following Street, Houston, Texas 77002, or by intervene in order to have comments application has been filed with the calling (713) 420–5751 (telephone) or considered. The second way to Commission and is available for public (713) 420–1601 (fax), participate is by filing with the inspection: [email protected], Thomas G. Secretary of the Commission, as soon as a. Application Type: Declaration of Joyce, Manager, Certificates, Tennessee possible, an original and two copies of Intention. Gas Pipeline Company, 1001 Louisiana comments in support of or in opposition b. Docket No: DI09–8–000. Street, Houston Texas 77002, or by to this project. The Commission will c. Date Filed: April 27, 2009. calling (713) 420–3299 (telephone) or consider these comments in d. Applicant: General Power (713) 420–1605 (fax), determining the appropriate action to be Engineering Associates, Inc. [email protected], or to Kathy taken, but the filing of a comment alone e. Name of Project: Gulf Stream Hydro Cash, Principal Analyst, Rates and will not serve to make the filer a party Project. Regulatory Affairs, Tennessee Gas to the proceeding. The Commission’s f. Location: The proposed Gulf Stream Pipeline Company, 1001 Louisiana rules require that persons filing Hydro Project will be located in the Street, Houston, Texas 77002, or by comments in opposition to the project Atlantic Ocean in an area contained by

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boundaries beginning southeast of Boca modified the project’s pre-1935 design DEPARTMENT OF ENERGY Raton, Florida at 26°18 N by 80°05 W, or operation. ° ° Federal Energy Regulatory north to 27 00 N by 80 05 W, east to l. Locations of the Application: Copies ° ° ° Commission 27 00 N by 79 35 W, south to 26 18 N of this filing are on file with the by 79°35 W, and west to the starting Commission and are available for public [Project No. 13339–000] point 26°18 N by 80°05 W, with a inspection. This filing may be viewed transmission cable connected to a land FFP Detroit 1, LLC d/b/a FFP Lock & on the Web at http://www.ferc.gov using switchyard located in Palm Beach Dam No. 10; Notice of Preliminary the ‘‘eLibrary’’ link, select ‘‘Docket#’’ County, near Lantana, Florida. Permit Application Accepted for Filing g. Filed Pursuant to: Section 23(b)(1) and follow the instructions. For and Soliciting Comment, Motions To of the Federal Power Act, 16 U.S.C. assistance, please contact FERC Online Intervene, and Competing Applications §§ 817(b). Support at h. Applicant Contact: David J. Parker, [email protected] or toll- May 13, 2009. 6681 33rd Street East, Bldg. C1, free at (866) 208–3372, or TTY, contact On November 24, 2008, FFP Detroit 1, Sarasota, FL 34243; Telephone: (941) (202) 502–8659. LLC d/b/a FFP Lock & Dam No. 10 filed an application, pursuant to section 4(f) 755–5050; Fax: (941) 755–5011; e-mail: m. Individuals desiring to be included http://[email protected]. of the Federal Power Act, proposing to on the Commission’s mailing list should i. FERC Contact: Any questions on study the feasibility of the Mississippi this notice should be addressed to so indicate by writing to the Secretary River Lock and Dam No. 10 Water Henry Ecton, (202) 502–8768, or E-mail of the Commission. Power Project (Lock & Dam 10 Project), address: [email protected]. n. Comments, Protests, or Motions to to be located at River Mile 615.1 on the j. Deadline for filing comments, Intervene—Anyone may submit Mississippi River in Clayton County, protests, and/or motions: June 15, 2009. comments, a protest, or a motion to Iowa, and Grant County, Wisconsin, and All documents (original and eight intervene in accordance with the near the town of Guttenberg, IA. Also, copies) should be filed with: Secretary, requirements of Rules of Practice and the reservoir runs through a portion of Federal Energy Regulatory Commission, Procedure, 18 CFR 385.210, .211, .214. the Upper Mississippi River National 888 First Street, NE., Washington, DC In determining the appropriate action to Wildlife and Fish Refuge. 20426. Comments, protests, and/or take, the Commission will consider all The proposed Lock & Dam 10 Project interventions may be filed electronically protests or other comments filed, but would be integral with: (1) The existing via the Internet in lieu of paper. Any only those who file a motion to 5,747-foot-long U.S. Army Corps of questions, please contact the Secretary’s intervene in accordance with the Engineers Lock & Dam No. 10 Office. See, 18 CFR 385.2001(a)(1)(iii) comprised of a 763-foot-long gated dam Commission’s Rules may become a and the instructions on the section with 4 roller gates and 8 tainter party to the proceeding. Any comments, Commission’s Web site at http:// gates, and a 600 foot-long lock; and (2) www.ferc.gov under the ‘‘e-Filing link. protests, or motions to intervene must an existing 33-mile-long reservoir Please include the docket number be received on or before the specified extending from River Mile 615 to River (DI09–8–000) on any comments, comment date for the particular Mile 648 at a normal pool elevation of protests, and/or motions filed. application. 611.0 feet mean sea level. k. Description of Project: The o. Filing and Service of Responsive The proposed project would consist proposed Gulf Stream Hydro Project Documents—Any filings must bear in of: (1) 30 Very Low Head (VHL) will include: (1) Two tethered floating all capital letters the title generating units and 85 hydrokinetic pairs of 1 MW turbine-generators, ‘‘COMMENTS’’, ‘‘PROTESTS’’, and/or generating units totaling 15.9 megawatts submerged beyond a depth of 30 meters; ‘‘MOTIONS TO INTERVENE’’, as (MW) installed capacity; (2) a new 69- (2) a submerged cable to take power and applicable, and the Docket Number of kilovolt transmission line connected to control signals to and from a switch- the particular application to which the an existing above ground local yard near Lantana, Florida; and (3) filing refers. A copy of any motion to distribution system; and (3) appurtenant appurtenant facilities. The proposed facilities. The project would have an project will be connected to an intervene must also be served upon each representative of the Applicant estimated average annual generation of interstate grid. It will occupy Federal 81,200 megawatt-hours. lands. specified in the particular application. Applicant Contact: Mr. Daniel R. When a Declaration of Intention is p. Agency Comments—Federal, State, Irvin, Free Flow Power Corporation, 33 filed with the Federal Energy Regulatory and local agencies are invited to file Commercial Street, Gloucester, MA Commission, the Federal Power Act comments on the described application. 01930, phone (978) 252–7631. requires the Commission to investigate A copy of the application may be FERC Contact: Patrick Murphy, (202) and determine if the interests of obtained by agencies directly from the 502–8755. interstate or foreign commerce would be Applicant. If an agency does not file Deadline for filing comments, motions affected by the project. The Commission comments within the time specified for to intervene, competing applications also determines whether or not the filing comments, it will be presumed to (without notices of intent), or notices of project: (1) Would be located on a have no comments. One copy of an intent to file competing applications: 60 navigable waterway; (2) would occupy agency’s comments must also be sent to days from the issuance of this notice. or affect public lands or reservations of the Applicant’s representatives. Comments, motions to intervene, the United States; (3) would utilize notices of intent, and competing surplus water or water power from a Kimberly D. Bose, applications may be filed electronically government dam; or (4) if applicable, Secretary. via the Internet. See 18 CFR has involved or would involve any [FR Doc. E9–11793 Filed 5–20–09; 8:45 am] 385.2001(a)(1)(iii) and the instructions construction subsequent to 1935 that on the Commission’s website under the BILLING CODE 6717–01–P may have increased or would increase ‘‘e-Filing’’ link. If unable to be filed the project’s head or generating electronically, documents may be paper- capacity, or have otherwise significantly filed. To paper-file, an original and eight

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copies should be mailed to: Kimberly D. listed as a contact for an intervenor Commission in determining the Bose, Secretary, Federal Energy must create and validate an appropriate action to be taken, but will Regulatory Commission, 888 First eRegistration account using the not serve to make protestants parties to Street, NE., Washington, DC 20426. For eRegistration link. Select the eFiling the proceeding. Any person wishing to more information on how to submit link to log on and submit the become a party must file a notice of these types of filings please go to the intervention or protests. intervention or motion to intervene, as Commission’s Web site located at http:// Persons unable to file electronically appropriate. Such notices, motions, or www.ferc.gov/filing-comments.asp. should submit an original and 14 copies protests must be filed on or before the More information about this project can of the intervention or protest to the comment date. On or before the be viewed or printed on the ‘‘eLibrary’’ Federal Energy Regulatory Commission, comment date, it is not necessary to link of Commission’s Web site at http:// 888 First St., NE., Washington, DC, serve motions to intervene or protests www.ferc.gov/docs-filing/elibrary.asp. 20426. on persons other than the Applicant. Enter the docket number (P–13339) in The Commission encourages Docket No. ER09–1098–000 the docket number field to access the electronic submission of protests and document. For assistance, call toll-free The filings in the above-referenced interventions in lieu of paper using the 1–866–208–3372. proceeding are accessible in the ‘‘eFiling’’ link at http://www.ferc.gov. Commission’s eLibrary system by Persons unable to file electronically Kimberly D. Bose, clicking on the appropriate link in the should submit an original and 14 copies Secretary. above list. They are also available for of the protest or intervention to the [FR Doc. E9–11791 Filed 5–20–09; 8:45 am] review in the Commission’s Public Federal Energy Regulatory Commission, BILLING CODE 6717–01–P Reference Room in Washington, DC. 888 First Street, NE., Washington, DC There is an eSubscription link on the 20426. Web site that enables subscribers to This filing is accessible on-line at DEPARTMENT OF ENERGY receive e-mail notification when a http://www.ferc.gov, using the document is added to a subscribed ‘‘eLibrary’’ link and is available for Federal Energy Regulatory dockets(s). For assistance with any review in the Commission’s Public Commission FERC Online service, please e-mail Reference Room in Washington, DC. [Docket No. ER09–1098–000] [email protected]. or call There is an ‘‘eSubscription’’ link on the (866) 208–3676 (toll free). For TTY, call Web site that enables subscribers to DownEast Power Company, LLC; (202) 502–8659. receive e-mail notification when a Supplemental Notice That Initial document is added to a subscribed Kimberly D. Bose, Market-Based Rate Filing Includes docket(s). For assistance with any FERC Request for Blanket Section 204 Secretary. Online service, please e-mail Authorization [FR Doc. E9–11789 Filed 5–20–09; 8:45 am] [email protected], or call BILLING CODE 6717–01–P May 13, 2009. (866) 208–3676 (toll free). For TTY, call This is a supplemental notice in the (202) 502–8659. Comment Date: 5 p.m. Eastern Time above-referenced proceeding of DEPARTMENT OF ENERGY on June 5, 2009. DownEast Power Company, LLC’s application for market-based rate Federal Energy Regulatory Kimberly D. Bose, authority, with an accompanying rate Commission Secretary. tariff, noting that such application [Docket No. EL09–53–000] [FR Doc. E9–11797 Filed 5–20–09; 8:45 am] includes a request for blanket BILLING CODE 6717–01–P authorization, under 18 CFR part 34, of Easton Utilities Commission; Notice of future issuances of securities and Filing assumptions of liability. DEPARTMENT OF ENERGY Any person desiring to intervene or to May 14, 2009. protest should file with the Federal Take notice that on May 6, 2009, the Federal Energy Regulatory Energy Regulatory Commission, 888 Easton Utilities Commission (Easton Commission Utilities) filed a petition for declaratory First Street, NE., Washington, DC 20426, [Docket No. EL09–52–000] in accordance with Rules 211 and 214 order requesting approval of its revenue of the Commission’s Rules of Practice requirement for its contribution to City of Riverside, CA; Notice of Filing and Procedure (18 CFR 385.211 and Reactive Supply and Voltage Control 385.214). Anyone filing a motion to from Generation or Other Sources May 14, 2009. intervene or protest must serve a copy Service pursuant to Schedule 2 of the Take notice that on May 6, 2009, the of that document on the Applicant. Open Access Transmission Tariff of PJM City of Riverside, California (Riverside) Notice is hereby given that the Interconnection, L.L.C., pursuant to the filed a petition for declaratory order deadline for filing protests with regard Rule 205 of the Commission’s Rules of requesting approval of its revised Base to the applicant’s request for blanket Practice and Procedure. Easton Utilities Transmission Revenue Requirement, authorization, under 18 CFR part 34, of also request waiver of the Commission’s revised Transmission Revenue future issuances of securities and filing fee, pursuant to Rule 207 of the Balancing Account Adjustment, revised assumptions of liability, is June 2, 2009. Commission’s Rules of Practice and High Voltage Transmission Revenue The Commission encourages Procedure, 18 CFR 385.207. Requirement and accompanying electronic submission of protests and Any person desiring to intervene or to mechanism to adjust the cost of its interventions in lieu of paper, using the protest this filing must file in Riverside’s Existing Transmission FERC Online links at http:// accordance with Rules 211 and 214 of Contracts with Southern California www.ferc.gov. To facilitate electronic the Commission’s Rules of Practice and Edison Company, pursuant to Rule 205 service, persons with Internet access Procedure (18 CFR 385.211, 385.214). of the Commission’s Rules and Practice who will eFile a document and/or be Protests will be considered by the and Procedure, 18 CFR 385.205 and

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section 26.1.1 of the California DEPARTMENT OF ENERGY FERC Online service, please e-mail Independent System Operator [email protected] or call Corporation Tariff. Riverside also Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call requests for waiver of the sixty-day Commission (202) 502–8659. notice requirement provided for in [Docket No. ER09–1099–000] Kimberly D. Bose, Commission’s regulations at 18 CFR Secretary. 35.3(a) and waiver of the filing fee, Empire Generating Company; [FR Doc. E9–11790 Filed 5–20–09; 8:45 am] pursuant to Rule 207 of the Supplemental Notice That Initial BILLING CODE 6717–01–P Commission’s Rules of Practice and Market-Based Rate Filing Includes Procedure, 18 CFR 385.207. Request for Blanket Section 204 Authorization Any person desiring to intervene or to DEPARTMENT OF ENERGY protest this filing must file in May 13, 2009. accordance with Rules 211 and 214 of This is a supplemental notice in the Federal Energy Regulatory the Commission’s Rules of Practice and above-referenced proceeding of Empire Commission Procedure (18 CFR 385.211, 385.214). Generating Company’s application for Protests will be considered by the market-based rate authority, with an [Docket No. QM09–4–000] Commission in determining the accompanying rate tariff, noting that Wolverine Power Supply Cooperative, appropriate action to be taken, but will such application includes a request for Inc.; Notice of Filing not serve to make protestants parties to blanket authorization, under 18 CFR Part 34, of future issuances of securities the proceeding. Any person wishing to May 14, 2009. and assumptions of liability. become a party must file a notice of Any person desiring to intervene or to Take notice that on May 14, 2009, intervention or motion to intervene, as protest should file with the Federal Wolverine Power Supply Cooperative, appropriate. Such notices, motions, or Energy Regulatory Commission, 888 Inc. filed a supplement to its May 8, protests must be filed on or before the First Street, NE., Washington, DC 20426, 2009 application in response to comment date. On or before the in accordance with Rules 211 and 214 Commission’s request. comment date, it is not necessary to of the Commission’s Rules of Practice Any person desiring to intervene or to serve motions to intervene or protests and Procedure (18 CFR 385.211 and protest this filing must file in on persons other than the Applicant. 385.214). Anyone filing a motion to accordance with Rules 211 and 214 of the Commission’s Rules of Practice and The Commission encourages intervene or protest must serve a copy Procedure (18 CFR 385.211, 385.214). electronic submission of protests and of that document on the Applicant. Notice is hereby given that the Protests will be considered by the interventions in lieu of paper using the Commission in determining the ‘‘eFiling’’ link at http://www.ferc.gov. deadline for filing protests with regard to the applicant’s request for blanket appropriate action to be taken, but will Persons unable to file electronically not serve to make protestants parties to should submit an original and 14 copies authorization, under 18 CFR Part 34, of future issuances of securities and the proceeding. Any person wishing to of the protest or intervention to the assumptions of liability, is June 2, 2009. become a party must file a notice of Federal Energy Regulatory Commission, The Commission encourages intervention or motion to intervene, as 888 First Street, NE., Washington, DC electronic submission of protests and appropriate. Such notices, motions, or 20426. interventions in lieu of paper, using the protests must be filed on or before the This filing is accessible on-line at FERC Online links at http:// comment date. On or before the http://www.ferc.gov, using the www.ferc.gov. To facilitate electronic comment date, it is not necessary to ‘‘eLibrary’’ link and is available for service, persons with Internet access serve motions to intervene or protests review in the Commission’s Public who will eFile a document and/or be on persons other than the Applicant. Reference Room in Washington, DC. listed as a contact for an intervenor The Commission encourages There is an ‘‘eSubscription’’ link on the must create and validate an electronic submission of protests and Web site that enables subscribers to eRegistration account using the interventions in lieu of paper using the receive e-mail notification when a eRegistration link. Select the eFiling ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically document is added to a subscribed link to log on and submit the should submit an original and 14 copies docket(s). For assistance with any FERC intervention or protests. Persons unable to file electronically of the protest or intervention to the Online service, please e-mail should submit an original and 14 copies Federal Energy Regulatory Commission, [email protected], or call of the intervention or protest to the 888 First Street, NE., Washington, DC (866) 208–3676 (toll free). For TTY, call Federal Energy Regulatory Commission, 20426. (202) 502–8659. 888 First St., NE., Washington, DC This filing is accessible on-line at Comment Date: 5 p.m. Eastern Time 20426. http://www.ferc.gov, using the on June 5, 2009. The filings in the above-referenced ‘‘eLibrary’’ link and is available for proceeding are accessible in the review in the Commission’s Public Kimberly D. Bose, Commission’s eLibrary system by Reference Room in Washington, DC. Secretary. clicking on the appropriate link in the There is an ‘‘eSubscription’’ link on the [FR Doc. E9–11796 Filed 5–20–09; 8:45 am] above list. They are also available for Web site that enables subscribers to BILLING CODE 6717–01–P review in the Commission’s Public receive e-mail notification when a Reference Room in Washington, DC. document is added to a subscribed There is an eSubscription link on the docket(s). For assistance with any FERC Web site that enables subscribers to Online service, please e-mail receive e-mail notification when a [email protected], or call document is added to a subscribed (866) 208–3676 (toll free). For TTY, call dockets(s). For assistance with any (202) 502–8659.

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Comment Date: 5 p.m. Eastern Time document is added to a subscribed of the intervention or protest to the on June 11, 2009. docket(s). For assistance with any FERC Federal Energy Regulatory Commission, Online service, please e-mail 888 First St., NE., Washington, DC Kimberly D. Bose, [email protected], or call 20426. Secretary. (866) 208–3676 (toll free). For TTY, call The filings in the above-referenced [FR Doc. E9–11805 Filed 5–20–09; 8:45 am] (202) 502–8659. proceeding are accessible in the BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern Time Commission’s eLibrary system by on Wednesday, May 20, 2009. clicking on the appropriate link in the above list. Kimberly D. Bose, DEPARTMENT OF ENERGY They are also available for review in Secretary. the Commission’s Public Reference Federal Energy Regulatory [FR Doc. E9–11804 Filed 5–20–09; 8:45 am] Commission Room in Washington, DC. There is an BILLING CODE 6717–01–P eSubscription link on the Web site that [Docket No. PR09–6–002] enables subscribers to receive e-mail notification when a document is added J–W Pipeline Company; Notice of DEPARTMENT OF ENERGY to a subscribed dockets(s). For Compliance Filing Federal Energy Regulatory assistance with any FERC Online May 14, 2009. Commission service, please e-mail Take notice that on May 6, 2009, J– [email protected]. or call [Docket Nos. ER09–1091–000; ER07–708– (866) 208–3676 (toll free). For TTY, call W Pipeline Company filed an Operating 000] Statement pursuant to section (202) 502–8659. 284.123(e) of the Commission’s Twin Cities Power, L.L.C.; Kimberly D. Bose, regulations and to comply with the Supplemental Notice That Initial Secretary. Commission’s letter order issued on Market-Based Rate Filing Includes [FR Doc. E9–11788 Filed 5–20–09; 8:45 am] April 7, 2009, in Docket Nos. PR09–6– Request for Blanket Section 204 BILLING CODE 6717–01–P 000 and PR09–6–001. Authorization Any person desiring to participate in this proceeding must file a motion to May 13, 2009. DEPARTMENT OF ENERGY intervene or to protest this filing must This is a supplemental notice in the file in accordance with Rules 211 and above-referenced proceeding of Twin Federal Energy Regulatory 214 of the Commission’s Rules of Cities Power, L.L.C.’s application for Commission Practice and Procedure (18 CFR 385.211 market-based rate authority, with an accompanying rate tariff, noting that [Docket Nos. ER09–1090–000; ER09–728– and 385.214). Protests will be 000] considered by the Commission in such application includes a request for determining the appropriate action to be blanket authorization, under 18 CFR Twin Cities Energy, LLC; Supplemental taken, but will not serve to make part 34, of future issuances of securities Notice That Initial Market-Based Rate protestants parties to the proceeding. and assumptions of liability. Filing Includes Request for Blanket Any person wishing to become a party Any person desiring to intervene or to Section 204 Authorization must file a notice of intervention or protest should file with the Federal motion to intervene, as appropriate. Energy Regulatory Commission, 888 May 13, 2009. Such notices, motions, or protests must First Street, NE., Washington, DC 20426, This is a supplemental notice in the be filed on or before the date as in accordance with Rules 211 and 214 above-referenced proceeding of Twin indicated below. Anyone filing an of the Commission’s Rules of Practice Cities Energy, LLC’s application for intervention or protest must serve a and Procedure (18 CFR 385.211 and market-based rate authority, with an copy of that document on the Applicant. 385.214). Anyone filing a motion to accompanying rate tariff, noting that Anyone filing an intervention or protest intervene or protest must serve a copy such application includes a request for on or before the intervention or protest of that document on the Applicant. blanket authorization, under 18 CFR date need not serve motions to intervene Notice is hereby given that the Part 34, of future issuances of securities or protests on persons other than the deadline for filing protests with regard and assumptions of liability. Applicant. to the applicant’s request for blanket Any person desiring to intervene or to The Commission encourages authorization, under 18 CFR part 34, of protest should file with the Federal electronic submission of protests and future issuances of securities and Energy Regulatory Commission, 888 interventions in lieu of paper using the assumptions of liability, is June 2, 2009. First Street, NE., Washington, DC 20426, ‘‘eFiling’’ link at http://www.ferc.gov. The Commission encourages in accordance with Rules 211 and 214 Persons unable to file electronically electronic submission of protests and of the Commission’s Rules of Practice should submit an original and 14 copies interventions in lieu of paper, using the and Procedure (18 CFR 385.211 and of the protest or intervention to the FERC Online links at http:// 385.214). Anyone filing a motion to Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic intervene or protest must serve a copy 888 First Street, NE., Washington, DC service, persons with Internet access of that document on the Applicant. 20426. who will eFile a document and/or be Notice is hereby given that the This filing is accessible on-line at listed as a contact for an intervenor deadline for filing protests with regard http://www.ferc.gov, using the must create and validate an to the applicant’s request for blanket ‘‘eLibrary’’ link and is available for eRegistration account using the authorization, under 18 CFR Part 34, of review in the Commission’s Public eRegistration link. Select the eFiling future issuances of securities and Reference Room in Washington, DC. link to log on and submit the assumptions of liability, is June 2, 2009. There is an ‘‘eSubscription’’ link on the intervention or protests. The Commission encourages Web site that enables subscribers to Persons unable to file electronically electronic submission of protests and receive e-mail notification when a should submit an original and 14 copies interventions in lieu of paper, using the

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FERC Online links at http:// For further information, contact Saeed progress toward attainment. A final rule www.ferc.gov. To facilitate electronic Farrokhpay at published on May 16, 2008, in the service, persons with Internet access [email protected]; (916) 294– Federal Register entitled who will eFile a document and/or be 0322 or Maury Kruth at ‘‘Implementation of the New Source listed as a contact for an intervenor [email protected], (916) 294–0275. Review (NSR) Program for PM2.5’’ (72 FR must create and validate an 28349) established, among other things, Kimberly D. Bose, eRegistration account using the the offset ratios, i.e., the amount of eRegistration link. Select the eFiling Secretary. emissions reductions required to offset link to log on and submit the [FR Doc. E9–11798 Filed 5–20–09; 8:45 am] the emissions increase, for direct intervention or protests. BILLING CODE 6717–01–P emissions of PM2.5 as well as its Persons unable to file electronically precursors. The rule also allows limited should submit an original and 14 copies interpollutant (precursor) trading for the of the intervention or protest to the ENVIRONMENTAL PROTECTION purpose of PM2.5 offsets based on Federal Energy Regulatory Commission, AGENCY pollutant-specific trading ratios if such 888 First St., NE., Washington, DC [FRL–8908–8] offsets are established as part of the 20426. State Implementation Plan (SIP) or if The filings in the above-referenced Approval of Proposed Interpollutant they comply with an interprecursor proceeding are accessible in the Trading Request; Pennsylvania; trading hierarchy and ratio approved by Commission’s eLibrary system by Control of Fine Particulate Matter: the Administrator. EPA previously clicking on the appropriate link in the Notice of Availability conducted a technical assessment to above list. They are also available for develop preferred interpollutant trading AGENCY: Environmental Protection review in the Commission’s Public ratios to be used for the purposes of Agency (EPA). Reference Room in Washington, DC. PM2.5 offsets. The preferred ratios were There is an eSubscription link on the ACTION: Notice of Availability. published in the preamble to the May 16, 2008 rule and set a 40:1 ratio of SO2 Web site that enables subscribers to SUMMARY: This action announces the receive e-mail notification when a reductions to offset PM2.5 emission availability of EPA’s approval of a increases. The modeling used to derive document is added to a subscribed request submitted by the dockets(s). For assistance with any the preferred ratio is described in a Commonwealth of Pennsylvania to technical memo to the docket for the FERC Online service, please e-mail approve the use of sulfur dioxide (SO2) [email protected] or call May 16, 2008 final rule and is included emission reduction credits to offset in the docket for this action. (866) 208–3676 (toll free). For TTY, call increased emissions of fine particulate (202) 502–8659. States, such as Pennsylvania, that will matter (PM2.5) in the York County PM2.5 need to update their State Kimberly D. Bose, nonattainment area. EPA is approving Implementation Plans (SIPs) to Secretary. this request in accordance with the implement NSR for PM2.5 in Clean Air Act (CAA). [FR Doc. E9–11787 Filed 5–20–09; 8:45 am] nonattainment areas, must implement a FOR FURTHER INFORMATION CONTACT: BILLING CODE 6717–01–P transitional NSR permitting program for Gerallyn Duke, Air Permits Branch PM2.5 pursuant to appendix S to 40 CFR (3AP11), Air Protection Division, U.S. part 51. Appendix S at Section IV.G.5 DEPARTMENT OF ENERGY Environmental Protection Agency, allows the offset requirements for direct Region III, 1650 Arch Street, PM2.5 emissions to be satisfied by Federal Energy Regulatory Philadelphia, Pennsylvania 19103; reductions of SO2, a PM2.5 precursor, if Commission telephone number: (215) 814–2084; e- such offsets are approved by the mail address: [email protected]. Administrator. [Docket Nos. ER06–615–000; ER07–1257– SUPPLEMENTARY INFORMATION: On January 20, 2009, the 000; ER08–1178–000; EL08–88–000] Pennsylvania Department of I. How Can I Get Copies of This Environmental Protection (PADEP) California Independent System Document and Other Related submitted a request to EPA to allow Operator Corporation; Notice of FERC Information? interpollutant trading for offsets Staff Attendance All documents for this action are required for the construction and available either electronically through operation of the Conectiv Mid-Merit May 14, 2009. http://www.epa.gov/reg3artd/index.htm LLC’s proposed natural gas-fired plant The Federal Energy Regulatory or in hard copy for public inspection in Peach Bottom Township, Commission (Commission) hereby gives during normal business hours at the Air Pennsylvania. This request was notice that on May 15, 2009, members Protection Division, U.S. Environmental submitted pursuant to Pennsylvania’s of its staff will attend a California Protection Agency, Region III, 1650 transitional NSR program under Independent System Operator (CAISO) Arch Street, Philadelphia, Pennsylvania Appendix S for NSR permitting in PM2.5 stakeholder conference call on 19103. nonattainment areas. The Exceptional Dispatch. The agenda and Commonwealth specifically requested other documents for the teleconference II. Background approval to use EPA’s preferred trading are available on the CAISO’s Web site, Under section 173 of the CAA, all ratio of 40 tons of SO2 reductions to http://www.caiso.com. major sources and major modifications offset every ton of PM2.5 emission Sponsored by the CAISO, the at existing major sources within a increases. The new facility is to be teleconference is open to all market nonattainment area must obtain located in the York County participants, and Commission staff’s emissions reductions to offset any nonattainment area for PM2.5. attendance is part of the Commission’s emissions increases resulting from the On February 23, 2009, EPA published ongoing outreach efforts. The project in an amount that is at least in The York Dispatch and York Daily teleconference may discuss matters at equal to the emissions increase, and that Record a notice of intent to approve issue in the above captioned dockets. is consistent with reasonable further PADEP’s Proposed Interpollutant

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Trading Request for York County, ADDRESSES: Comments should be sent subparagraph 40 CFR 2.310(h)(3)(ii) that Pennsylvania. The notices of intent to to: Kelcey Land (Mail Code 8ENF–RC), the agency demonstrate to the approve announced EPA’s pending Environmental Protection Agency, satisfaction of EPA that the agency’s use approval of the PADEP’s request to Region 8, 1595 Wynkoop Street, Denver, and disclosure of such information will allow the use of SO2 emission reduction CO 80202–1129. be governed by state or local law and credits to offset increased emissions of FOR FURTHER INFORMATION CONTACT: procedures which will provide adequate PM2.5, at a ratio of 40 tons SO2 to one Kelcey Land (Mail Code 8ENF–RC), protection to the interests of affected ton of PM2.5 emissions, in the York Environmental Protection Agency, businesses. County PM2.5 nonattainment area. In Region 8, 1595 Wynkoop Street, Denver, EPA hereby advises affected parties these notices, EPA announced that CO 80202–1129 (303) 312–6393. that they are informed of potential comments would be received for 30 Notice of Required Determinations, disclosures to UDEQ under paragraph days. No comments were received in Provisions, and Opportunity to 40 CFR 2.310(h)(3), and that they have response to the notice. EPA approved Comment: The Comprehensive ten working days to comment pursuant PADEP’s request to allow precursor Environmental Response, to 40 CFR 2.301(h)(2)(iii), incorporated trading for the purpose of PM2.5 offsets Compensation, and Liability Act of 1980 by reference into 40 CFR 2.310(h)(2). on April 14, 2009. (‘‘CERCLA’’), as amended, (commonly Comments should be sent to: Environmental Protection Agency, III. Judicial Review known as ‘‘Superfund’’) requires the establishment of an administrative Region 8, Kelcey Land (Mail Code Under section 307(b)(1) of the Clean record upon which the President shall 8ENF–RC), Environmental Protection Air Act, petitions for judicial review of base the selection of a response action. Agency, Region 8, 1595 Wynkoop this action must be filed in the United CERCLA also requires the maintenance Street, Denver, CO 80202–1129. States Court of Appeals for the of many other records including those Dated: May 12, 2009. appropriate circuit by July 20, 2009. relevant to cost recovery. EPA has Filing a petition for reconsideration by Carol Campbell, granted authorized representative status Assistant Regional Administrator, Office of the Administrator of this approval does to the State of Utah Department of not affect the finality of this action for Ecosystems Protection and Remediation, EPA, Environmental Quality. Pursuant to 40 Region 8. the purposes of judicial review nor does CFR 2.310(h)(3), a state or local it extend the time within which a [FR Doc. E9–11922 Filed 5–20–09; 8:45 am] governmental agency which has duties BILLING CODE 6560–50–P petition for judicial review may be filed, or responsibilities under CERCLA, or and shall not postpone the effectiveness under regulations which implement of such action. This action may not be CERCLA, may be considered an ENVIRONMENTAL PROTECTION challenged later in proceedings to authorized representative of the United AGENCY enforce its requirements. (See section States for purposes of disclosure of CBI 307(b)(2).) and may be furnished such CBI upon [FRL–8908–9] Dated: May 8, 2009. the agency’s written request, but only if: Proposed Administrative Settlement James W. Newsom, (i) The agency has first furnished to Agreement Under Section 122 of the Acting Regional Administrator, Region III. the EPA office having custody of the Comprehensive Environmental [FR Doc. E9–11911 Filed 5–20–09; 8:45 am] information a written opinion from the Response, Compensation, and Liability agency’s chief legal officer or counsel BILLING CODE 6560–50–P Act for the Barry Bronze Bearing stating that under applicable state or Company Site, Located in Camden, local law the agency has the authority Camden County, NJ ENVIRONMENTAL PROTECTION to compel a business which possesses AGENCY such information to disclose it to the AGENCY: Environmental Protection agency, or Agency (EPA). [FRL–8908–5] (ii) Each affected business is informed ACTION: Notice of Proposed Notice of Disclosure of Confidential of those disclosures under this Administrative Settlement and Business Information Obtained Under paragraph (h)(3) which pertain to it, and Opportunity for Public Comment. the Comprehensive Environmental the agency has shown to the satisfaction Response, Compensation and Liability of an EPA legal office that the agency’s SUMMARY: The United States Act to EPA Authorized Representative, use and disclosure of such information Environmental Protection Agency Utah Department of Environmental will be governed by state or local law (‘‘EPA’’) is proposing to enter into an Quality and procedures which will provide administrative settlement agreement adequate protection to the interests of (‘‘Settlement Agreement’’) with Barry AGENCY: Environmental Protection affected businesses. Bronze Bearing Company, Inc., Paul J. Agency (EPA). Pursuant to 40 CFR 2.310(h)(4), at the DeCoursey, Jr., and Clifford J. ACTION: Notice; request for comment. time any information is released to a DeCoursey (the ‘‘Settling Parties’’) state or local government pursuant to pursuant to Section 122 of the SUMMARY: EPA hereby complies with the paragraph 2.310(h), EPA must notify the Comprehensive Environmental requirements of 40 CFR 2.310(h)(3) for state or local government that the Response, Compensation, and Liability notice of disclosure to its authorized information may be entitled to Act (‘‘CERCLA’’), 42 U.S.C. 9622. The representative, the Utah Department of confidential treatment and that any Settlement Agreement provides for Environmental Quality (‘‘UDEQ’’), knowing and willful disclosure of the Settling Parties’ payment of certain Superfund confidential business information may subject the state or response costs incurred at the Barry information (‘‘CBI’’) which has been local government and its employees to Bronze Bearing Company Site located submitted to EPA Region 8, Office of penalties in section 104(e)(2)(B) of within the City of Camden, Camden Ecosystems Protection and Remediation. CERCLA. County, New Jersey (‘‘Site’’). DATES: Comments may be submitted EPA has determined that UDEQ has In accordance with Section 122(i) of until June 22, 2009. satisfied the requirements of CERCLA, 42 U.S.C. 9622(i), this notice

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is being published to inform the public SUMMARY: The EPA is announcing an If you send an e-mail comment directly of the proposed Settlement Agreement extension of the public comment period to EPA without going through http:// and of the opportunity to comment. For for the draft document titled ‘‘Risk and www.regulations.gov, your e-mail thirty (30) days following the date of Exposure Assessment to Support the address will be automatically captured publication of this notice, EPA will Review of the SO2 Primary National and included as part of the comment receive written comments relating to the Ambient Air Quality Standards: Second that is placed in the public docket and proposed Settlement Agreement. EPA Draft’’ (74 FR 18573). The EPA is made available on the Internet. If you will consider all comments received and extending the comment period that submit an electronic comment, EPA may modify or withdraw its consent to originally ends on May 20, 2009. The recommends that you include your the settlement if comments received extended comment period will close on name and other contact information in disclose facts or considerations that June 11, 2009. The EPA is extending the the body of your comment and with any indicate that the proposed settlement is comment period to provide stakeholders disk or CD–ROM you submit. If EPA inappropriate, improper or inadequate. and the public with adequate time to cannot read your comment due to EPA’s response to any comments conduct appropriate analysis and technical difficulties and cannot contact received will be available for public prepare meaningful comments. you for clarification, EPA may not be inspection at EPA Region 2, 290 DATES: Comments on the above report able to consider your comment. Broadway, 17th floor, New York, New must be received on or before June 11, Electronic files should avoid the use of York 10007–1866. 2009. special characters, any form of encryption, and be free of any defects or DATES: Comments must be provided by ADDRESSES: Submit your comments, viruses. For additional information June 22, 2009. identified by Docket ID No. EPA–HQ– about EPA’s public docket visit the EPA ADDRESSES: Comments should reference OAR–2007–0352, by one of the Docket Center homepage at http:// the Barry Bronze Bearing Company Site, following methods: • http://www.regulations.gov: Follow www.epa.gov/epahome/dockets.htm. EPA Docket No. CERCLA–02–2009– Docket: All documents in the docket the on-line instructions for submitting 2012 and should be sent to the U.S. are listed in the http:// comments. Environmental Protection Agency, www.regulations.gov index. Although • E-mail: Comments may be sent by Office of Regional Counsel, New Jersey listed in the index, some information is electronic mail (e-mail) to a-and-r- Superfund Branch, 290 Broadway—17th not publicly available, e.g., CBI or other [email protected], Attention Docket ID Floor, New York, NY 10007. information whose disclosure is No. EPA–HQ–OAR–2007–0352. FOR FURTHER INFORMATION CONTACT: Juan restricted by statute. Certain other • Fax: Fax your comments to 202– M. Fajardo, Assistant Regional Counsel, material, such as copyrighted material, 566–9744, Attention Docket ID. No. New Jersey Superfund Branch, Office of will be publicly available only in hard EPA–HQ–OAR–2007–0352. Regional Counsel, U.S. Environmental • copy. Publicly available docket Protection Agency, 17th Floor, 290 Mail: Send your comments to: Air and Radiation Docket and Information materials are available either Broadway, New York, New York 10007– electronically in http:// 1866. Telephone: 212–637–3132. Center, Environmental Protection Agency, Mailcode: 2822T, 1200 www.regulations.gov or in hard copy at SUPPLEMENTARY INFORMATION: A copy of Pennsylvania Ave., NW., Washington, the Air Docket in the EPA Docket the proposed administrative settlement, DC 20460, Attention Docket ID No. Center, EPA West, Room 3334, 1301 as well as background information EPA–HQ–OAR–2007–0352. Constitution Ave., NW., Washington, relating to the settlement, may be • Hand Delivery or Courier: Deliver DC. This Docket Facility is open from obtained from Juan M. Fajardo, your comments to: EPA Docket Center, 8:30 a.m. to 4:30 p.m. Monday through Assistant Regional Counsel, New Jersey 1301 Constitution Ave., NW., Room Friday, excluding legal holidays. The Superfund Branch, Office of Regional 3334, Washington, DC. Such deliveries Docket telephone number is 202–566– Counsel, U.S. Environmental Protection are only accepted during the Docket’s 1742; fax 202–566–9744. Agency, 17th Floor, 290 Broadway, New normal hours of operation, and special FOR FURTHER INFORMATION CONTACT: Dr. York, New York 10007–1866. arrangements should be made for Michael Stewart, Office of Air Quality Telephone: 212–637–3132. deliveries of boxed information. Planning and Standards (Mailcode Dated: April 21, 2009. Instructions: Direct your comments to C504–06), U.S. Environmental Walter Mugdan, Docket ID No. EPA–HQ–OAR–2007– Protection Agency, Research Triangle Director, Emergency and Remedial Response 0352. The EPA’s policy is that all Park, NC 27711; e-mail: Division. comments received will be included in [email protected]; telephone: [FR Doc. E9–11910 Filed 5–20–09; 8:45 am] the public docket without change and 919–541–7524; fax: 919–541–0237. BILLING CODE 6560–50–P may be made available online at http:// General Information www.regulations.gov, including any personal information provided, unless A. What Should I Consider as I Prepare ENVIRONMENTAL PROTECTION the comment includes information My Comments for EPA? AGENCY claimed to be Confidential Business 1. Submitting CBI. Do not submit this Information (CBI) or other information information to EPA through http:// [EPA–HQ–OAR–2007–0352; FRL–8908–6] whose disclosure is restricted by statute. www.regulations.gov or e-mail. Clearly Do not submit information that you mark the part or all of the information Second Draft Risk and Exposure consider to be CBI or otherwise that you claim to be CBI. For CBI Assessment Report for Sulfur Dioxide protected through http:// information in a disk or CD–ROM that (SO2) www.regulations.gov or e-mail. The you mail to EPA, mark the outside of the AGENCY: Environmental Protection http://www.regulations.gov Web site is disk or CD–ROM as CBI and then Agency (EPA). an ‘‘anonymous access’’ system, which identify electronically within the disk or means EPA will not know your identity CD–ROM the specific information that ACTION: Notice of extension of comment or contact information unless you is claimed as CBI. In addition to one period. provide it in the body of your comment. complete version of the comment that

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includes information claimed as CBI, a periodically review and revise the FEDERAL COMMUNICATIONS copy of the comment that does not NAAQS, if appropriate, based on the COMMISSION contain the information claimed as CBI revised criteria. [CG Docket 03–123; FCC 09–39] must be submitted for inclusion in the Air quality criteria have been public docket. Information so marked established for the sulfur oxides (SO ) Telecommunications Relay Services will not be disclosed except in X and NAAQS have been established for and Speech-to-Speech Services for accordance with procedures set forth in sulfur dioxide (SO2), an indicator for Individuals with Hearing and Speech 40 CFR part 2. Disabilities 2. Tips for Preparing Your Comments. SOX. Presently, EPA is reviewing the air When submitting comments, remember quality criteria for SOX and the NAAQS AGENCY: Federal Communications to: for SO2. As part of its review of the Commission. NAAQS, EPA has prepared an • Identify the rulemaking by docket ACTION: Notice. number and other identifying assessment of exposures and information (subject heading, Federal characterization of health risks SUMMARY: In this document, the Register date and page number). associated with ambient SO2. Planned Commission seeks comment on the • Follow directions—The agency may approaches to assessing exposures and National Exchange Carrier Association’s ask you to respond to specific questions characterizing risks were described in (NECA) proposed compensation rates or organize comments by referencing a the document, Sulfur Dioxide Health for interstate traditional Code of Federal Regulations (CFR) part Assessment Plan: Scope and Methods telecommunications relay service (TRS); or section number. for Exposure and Risk Assessment. This interstate Speech-to-Speech (STS) relay • Explain why you agree or disagree; planning document was released for service; interstate captioned telephone suggest alternatives and substitute public review and comment in service (CTS) and interstate and language for your requested changes. November 2007 and was the subject of intrastate Internet Protocol (IP) • Describe any assumptions and a consultation with the Clean Air captioned telephone service (IP CTS); provide any technical information and/ Scientific Advisory Committee (CASAC) interstate and intrastate IP Relay; and or data that you used. on December 5 and 6, 2007. Comments interstate and intrastate Video Relay • If you estimate potential costs or received from that consultation were Service (VRS). The Commission also seeks comment on the proposed carrier burdens, explain how you arrived at considered in developing the ‘‘Risk and contribution factor and funding your estimate in sufficient detail to Exposure Assessment to Support the allow for it to be reproduced. requirement for the Interstate TRS Fund. Review of the SO2 Primary National • DATES: Provide specific examples to Ambient Air Quality Standards: First Comments are due June 4, 2009. illustrate your concerns, and suggest Reply comments are due on or before Draft,’’ which was released in July 2008. alternatives. June 11, 2009. • The second draft of this document Explain your views as clearly as ADDRESSES: Interested parties may possible, avoiding the use of profanity was released in March 2009 and submit comments identified by CG or personal threats. conveys the approach taken to assess Docket No. 03–123, by any of the • Make sure to submit your exposures to ambient SO2 and to following methods: comments by the comment period characterize associated health risks, as • Federal eRulemaking Portal: http:// deadline identified. well as to present the results of those www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: Under assessments. In addition, this document instructions for submitting electronic section 108(a) of the Clean Air Act also contains a staff policy assessment filings. (CAA), the Administrator identifies and that considers the evidence presented in • Federal Communications lists certain pollutants which ‘‘cause or the final Integrated Science Assessment Commission’s Web Site: http:// contribute to air pollution which may and the exposure and risk www.fcc.gov/cgb/ecfs. Follow the reasonably be anticipated to endanger characterization results presented in instructions for submitting electronic public health or welfare.’’ The EPA then this second draft document, as they filings. In completing the transmittal issues air quality criteria for listed relate to the adequacy of the current SO2 screen, filers should include their full pollutants, which are commonly NAAQS and any potential alternative name, U.S. Postal Service mailing referred to as ‘‘criteria pollutants.’’ The primary SO2 standards. This draft address, and CG Docket No. 03–123. air quality criteria are to ‘‘accurately document is available online at: http:// Parties may also submit an electronic reflect the latest scientific knowledge www.epa.gov/ttn/naaqs/standards/so2/ comment by Internet e-mail. To get useful in indicating the kind and extent s_so2_cr_rea.html. filing instructions, filers should send an of all identifiable effects on public e-mail to [email protected], and include the health or welfare which may be Dated: May 14, 2009. following words in the body of the expected from the presence of [a] Jenny Noonan Edwards, message, ‘‘get form .’’ A sample form and quantities.’’ Under section 109 of the and Standards. directions will be sent in response. CAA, EPA establishes National Ambient [FR Doc. E9–11917 Filed 5–20–09; 8:45 am] • Paper Filers: Parties who choose to Air Quality Standards (NAAQS) for BILLING CODE 6560–50–P file by paper must file an original and each listed pollutant, with the NAAQS four copies of each filing. Filings can be based on the air quality criteria. Section sent by hand or messenger delivery, by 109(d) of the CAA requires periodic commercial overnight courier, or by review and, if appropriate, revision of first-class or overnight U.S. Postal existing air quality criteria. The revised Service mail (although the Commission air quality criteria reflect advances in continues to experience delays in scientific knowledge on the effects of receiving U.S. Postal Service mail). All the pollutant on public health or filings must be addressed to the welfare. The EPA is also required to Commission’s Secretary, Office of the

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Secretary, Federal Communications Synopsis Reserve Bank indicated. The notices Commission. On May 1, 2009, pursuant to 47 CFR also will be available for inspection at • The Commission’s contractor will 64.604(c)(5)(iii)(H) of the Commission the office of the Board of Governors. receive hand-delivered or messenger- rules, NECA, the Interstate TRS Fund Interested persons may express their delivered paper filings for the Administrator, submitted its annual views in writing to the Reserve Bank Commission’s Secretary at 236 proposed rates and fund size estimate indicated for that notice or to the offices Massachusetts Avenue, NE., Suite 110, for the Interstate TRS Fund for the of the Board of Governors. Comments Washington, DC 20002. The filing hours period July 1, 2009, through June 30, must be received not later than June 5, at this location are 8 a.m. to 7 p.m. All 2010. NECA proposes the following TRS 2009. A. Federal Reserve Bank of Kansas hand deliveries must be held together per-minute compensation rates for the City (Todd Offenbacker, Assistant Vice with rubber bands or fasteners. Any 2009–2010 Fund year: $1.8311 for President) 1 Memorial Drive, Kansas envelopes must be disposed of before interstate traditional TRS; $2.9621 for interstate Speech-to-Speech (STS); City, Missouri 64198–0001: entering the building. 1. Relational Investors LLC; Relational $1.6778 for interstate captioned • Commercial mail sent by overnight Investors Mid Cap Fund I, L.P.; telephone service (CTS) and interstate mail (other than U.S. Postal Service Relational Investors Mid Cap II, L.P.; and intrastate Internet Protocol (IP) Express Mail and Priority Mail) must be Relational Group LLC; Relational captioned telephone service (IP CTS); sent to 9300 East Hampton Drive, Holdings LLC; Relational Investors and $1.2801 for interstate and intrastate Capitol Heights, MD 20743. Group LLC; Ralph V. Whitworth; and IP Relay. For interstate and intrastate • David H. Batchelder, all of San Diego, U.S. Postal Service first-class, VRS, NECA proposes the following California; to acquire voting shares of Express, and Priority mail should be tiered rates: $6.7025 for the first 50,000 Guaranty Bancorp, and thereby addressed to 445 12th Street, SW., monthly minutes, $6.4352 for monthly indirectly acquire voting shares of Washington, DC 20554. minutes between 50,001 and 500,000, Guaranty Bank and Trust Company, and $6.2372 for minutes above 500,000. To request materials in accessible both in Denver, Colorado. formats for people with disabilities Based on these rates, NECA proposes Board of Governors of the Federal Reserve (Braille, large print, electronic files, a funding requirement of $890,992,075 million and a carrier contribution factor System, May 18, 2009. audio format), send an e-mail to Robert deV. Frierson, [email protected] or call the Consumer of 0.01137. The Commission seeks comment on Deputy Secretary of the Board. and Governmental Affairs Bureau at NECA’s proposed compensation rates (202) 418–0530 (voice), (202) 418–0432 [FR Doc. E9–11906 Filed 5–20–09; 8:45 am] for traditional TRS, STS, CTS and IP (TTY). FCC 09–39 can also be BILLING CODE 6210–01–S CTS, IP Relay, and VRS for the period downloaded in Word or Portable of July 1, 2009, through June 30, 2010, Document Format (PDF) at: http:// as well as the proposed funding www.fcc.gov/cgb/dro/trs.html. FEDERAL MARITIME COMMISSION requirement and carrier contribution [Docket No. 09–01] FOR FURTHER INFORMATION CONTACT: factor. Thomas Chandler, Consumer and Ordering Clause Mitsui O.S.K. Lines Ltd. v. Global Link Governmental Affairs Bureau, Disability Logistics, Inc., Olympus Partners, L.P., Pursuant to Sections 1, 4(i) and (o), Rights Office, at (202) 418–1475 (voice), Olympus Growth Fund III, L.P., 225, 303(r), 403, 624(g), and 706 of the (202) 418–0597 (TTY), or e-mail: Olympus Executive Fund, L.P., Louis J. Communications Act of 1934, as [email protected]. Mischianti, David Cardenas, Keith amended, 47 U.S.C. 151, 154(i) and (o), Heffernan, CJR World Enterprises, Inc. SUPPLEMENTARY INFORMATION: 225, 303(r), 403, 554(g), and 606, the This is a and Chad J. Rosenberg; Notice of Public Notice is adopted. summary of the Commission’s Public Filing of Complaint and Assignment Notice FCC 09–39. Pursuant to 47 CFR Federal Communications Commission. 1.415 and 1.419 of the Commission’s Marlene H. Dortch, Notice is given that a complaint has rules, interested parties may file Secretary. been filed with the Federal Maritime comments and reply comments on or Commission (‘‘Commission’’) by Mitsui [FR Doc. E9–11935 Filed 5–20–09; 8:45 am] before the dates indicated in the DATES O.S.K. Lines Ltd. (‘‘MOL’’), hereinafter section. The full text of FCC 09–39 and BILLING CODE 6712–01–P ‘‘Complainant.’’ Complainant asserts subsequently filed documents in this that it is a corporation organized and matter are available for public existing pursuant to the laws of Japan inspection and copying during regular FEDERAL RESERVE SYSTEM and is a vessel-operating common business hours at the FCC Reference Change in Bank Control Notices; carrier in the U.S. foreign trades. Information Center, Portals II, 445 12th Acquisition of Shares of Bank or Bank Complainant alleges that Respondent Street, SW., Room CY–A257, Holding Companies Global Link Logistics, Inc. (‘‘Global Washington, DC 20554. They may also Link’’) is a corporation organized under be purchased from the Commission’s The notificants listed below have the laws of Delaware that operates as a duplicating contractor at Portals II, 445 applied under the Change in Bank licensed non-vessel-operating common 12th Street, SW., Room CY-B402, Control Act (12 U.S.C. 1817(j)) and carrier; that Respondents Olympus Washington, DC 20554; the contractor’s § 225.41 of the Board’s Regulation Y (12 Growth Fund III, L.P. (‘‘OGF’’) and Web site, http://www.bcpiweb.com; or CFR 225.41) to acquire a bank or bank Olympus Executive Fund, L.P. (‘‘OEF’’) by calling (800) 378–3160. FCC 09–39 holding company. The factors that are are Delaware limited partnerships that and subsequently filed documents in considered in acting on the notices are were owners of Global Link; that this matter may also be found by set forth in paragraph 7 of the Act (12 Respondent Olympus Partners L.P. searching ECFS at http://www.fcc.gov/ U.S.C. 1817(j)(7)). (‘‘Olympus Partners’’) is a Delaware cgb/ecfs (insert CG Docket No. 03–123 The notices are available for limited partnership that is a private into the Proceeding block). immediate inspection at the Federal equity firm affiliated with OGF and

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OEF; that Respondents Louis J. Complainant reparations plus interests, to 5 p.m. EDT daily. This agenda is Mischianti, David Cardenas, and Keith costs and attorney’s fees, and any other subject to change as priorities dictate. Heffernan, are the partners in Olympus damages to be determined; and (4) take ADDRESSES: Hyatt Regency Bethesda, Partners, and were officers and directors any other action or provide any other One Bethesda Metro Center, Bethesda, of Global Link; that Respondent CJR relief as the Commission determines to MD 20814. Phone: 301–657–1234. World Enterprises, Inc. (‘‘CJR’’), is a be proper, fair and just under the FOR FURTHER INFORMATION, CONTACT: Florida corporation that was an owner circumstances. Complainant also [email protected]. of Global Link; and that Respondent requests that a hearing be held in SUPPLEMENTARY INFORMATION: The U.S. Chad Rosenberg is the owner of CJR and Washington, DC. Department of Health and Human was an officer and director of Global This proceeding has been assigned to Services, Office of the Secretary, Office Link. the Office of Administrative Law Judges. of the Assistant Secretary for Complainant alleges that Respondents Hearing in this matter, if any is held, Preparedness and Response, Biomedical violated the Shipping Act of 1984, as shall commence within the time amended (‘‘Shipping Act’’), by: (1) Advanced Research and Development limitations prescribed in 46 CFR 502.61, Authority, Division of Chemical, Engaging in a deliberate scheme to and only after consideration has been obtain ocean transportation of property Biological, Radiological and Nuclear given by the parties and the presiding and the Division of Acquisitions at rates lower than the applicable officer to the use of alternative forms of service contract or tariff rates; and (2) Management Systems will host a 2-day dispute resolution. The hearing shall Medical Countermeasures Workshop. failing to establish, observe and enforce include oral testimony and cross- just and reasonable practices relating to The purpose of this two-day event is examination in the discretion of the to engage industry and academic or connected with receiving, handling, presiding officer only upon proper and delivering property. 46 U.S.C. stakeholders in a discussion of how to showing that there are genuine issues of engage and work with BARDA. 41102(a), (c). Complainant also asserts material fact that cannot be resolved on that Respondents violated the Informational sessions include: the basis of sworn statements, affidavits, • The strategic vision for CBRN MCM Commission’s regulations at 46 CFR depositions, or other documents or that development. 515.31(e) which prohibits preparation or the nature of the matter in issue is such • The generation of MCM filing of false or fraudulent claims or that an oral hearing and cross- requirements. false information relative to an Ocean examination are necessary for the • Responding to a Request for Transportation Intermediary development of an adequate record. Proposal (RFP) or Broad Agency transaction. Complainant claims that, as Pursuant to the further terms of 46 CFR Announcement (BAA). a direct result of Respondents’ actions, 502.61, the initial decision of the • The proposal review process. Complainant suffered damages of no presiding officer in this proceeding shall • Earned Value Management. less than $4.5 million. be issued by May 14, 2010, and the final • The FDA Animal Rule. Specifically, Complainant MOL decision of the Commission shall be This Workshop is open to the public. asserts that it provided transportation to issued by September 13, 2010. There is no fee to attend; however, Global Link subject to MOL’s tariff seating is limited and registration is rules; including rules related to the Karen V. Gregory, required. Online registration is available diversion of cargo, defined as a change Secretary. at http:// in the original billed destination. [FR Doc. E9–11755 Filed 5–20–09; 8:45 am] www.medicalcountermeasures.gov. Complainant maintains that its tariff BILLING CODE 6730–01–P Stakeholder Registration will be open rules require shippers to request from April 14–June 1, 2009. Federal diversion of cargo in writing and require Government Employee Registration will payment of a diversion charge, as well be open from June 2–12, 2009. as the difference in price between the DEPARTMENT OF HEALTH AND Availability of Materials: The original and new destination. HUMAN SERVICES workshop agenda and other materials Complainant alleges that Respondent will be available on site on the Global Link booked cargo to false inland CBRN Medical Countermeasures workshop dates. destinations while intending to deliver Workshop 2009 the cargo to different inland Dated: May 6, 2009. destinations, and diverted cargo without AGENCY: Department of Health and RADM William C. Vanderwagen, submitting a request to Complainant or Human Services, Assistant Secretary for Assistant Secretary for Preparedness and paying Complainant the difference in Preparedness and Response. Response, U.S. Department of Health and rate and the applicable diversion ACTION: Notice. Human Services. changes. Complainant claims that [FR Doc. E9–11948 Filed 5–20–09; 8:45 am] Respondents referred to this practice as SUMMARY: As stipulated by the Federal BILLING CODE P ‘‘split routing,’’ ‘‘mis-booking,’’ and re- Advisory Committee Act, the U.S. routing.’’ This practice, Complainant Department of Health and Human contends, resulted in lower rates paid to Services is hereby giving notice that the DEPARTMENT OF HEALTH AND Complainant than the rates applicable to Biomedical Advanced Development HUMAN SERVICES the actual destinations. Authority (BARDA), Chemical Complainant requests that the Biological, Radiological & Nuclear National Institutes of Health Commission: (1) Require Respondents to (CBRN) Medical Countermeasures and Acquisitions Management Systems Submission to OMB, Comment answer the charges in this Complaint; Request; A Process Evaluation of the (2) order Respondents to cease and (AMS) will be holding a public workshop. The workshop is open to the NIH Director’s New Innovator Award desist from the violations of the (NIA) Program Shipping Act; (3) establish and put in public. force such practices as the Commission DATES: The BARDA Divisions of CBRN SUMMARY: Under the provisions of determines lawful and reasonable; (3) and AMS will hold a public workshop Section 3507(a)(1)(D) of the Paperwork order Respondents to pay to the on June 25 and 26, 2009 from 8:30 a.m. Reduction Act of 1995, the Office of the

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Director, National Institutes of Health Innovator Award (NIA) Program. Type Frequency of Response: Once. (NIH), has submitted to the Office of of Information Collection Request: New Affected Public: None. Type of Management and Budget (OMB) a collection. Need and Use of Information Respondents: Applicants, Reviewers. request for review and approval of the Collection: This study will assess the There are no Capital Costs to report. information collection listed below. NIA Program operations and the outputs There are no Operating or Maintenance This proposed information collection of the identification, evaluation and Costs to report. Estimated Number of was previously published in the Federal selection process. The primary Respondents: 662; Estimated Number of Register on February 20, 2009, pages objectives of the study are to: (1) Assess Responses per Respondent: 1; Average 7908–7909 and allowed 60 days for the NIA award selection process; (2) Burden Hours per Response: .28 (15 determine if the program was public comment. No public comments minutes for applicants and 30 minutes implemented as planned; and (3) were received. The National Institutes of for Extramural Reviewers), and Health may not conduct or sponsor, and determine if the process was conducted Estimated Total Annual Burden Hours the respondent is not required to in accordance with the overall mission Requested: 188.5 and the annualized respond to, an information collection of the NIA program. The findings will cost to respondents is estimated at that has been extended, revised, or provide valuable information implemented on or after October 1, concerning: (1) The characteristics of $12,199.72. Table 1 and Table 2 1995, unless it displays a currently valid applicants and reviewers; (2) the criteria respectively present data concerning the OMB control number. used to evaluate and select awardees; burden hours and cost burdens for this Proposed Collection: Title: A Process and (3) aspects of the process that could data collection. Evaluation of the NIH Director’s New be revised or improved.

TABLE 1—ANNUALIZED ESTIMATE OF HOUR BURDEN

Average time Type of respondents Number of Frequency of for response Total hour bur- respondents response (hr) den *

Applicants ...... 570 1 .25 142 .5 Extramural Reviewers ...... 92 1 .50 46

Total ...... 662 1 .28 188 .5 * Total Burden = N Respondents * Response Frequency * (minutes to complete/60).

TABLE 2—ANNUALIZED COST TO RESPONDENTS

Number of Response Approx. hourly Total respond- Type of respondents respondents frequency wage rate ent cost **

Applicants ...... 570 1 $64.72 $9,226.60 Extramural Reviewers ...... 92 1 64.72 2977.12

Total ...... 662 1 64.72 12,199.72 **Total Respondent Cost = Total Hour Burden * Hourly Wage Rate.

Request for Comments: Written especially regarding the estimated received within 30 days of the date of comments and/or suggestions from the public burden and associated response this publication. public and affected agencies are invited time, should be directed to the Office of Dated: May 13, 2009. on one or more of the following points: Management and Budget, Office of G. Stephane Philogene, (1) Whether the proposed collection of Regulatory Affairs (OIRA). All Assistant Director for Policy and Planning, information is necessary for the proper comments should be sent via e-mail to Office of Behavioral and Social Sciences performance of the function of the [email protected] or by Research, National Institutes of Health. agency, including whether the fax to 202–395–6974. Attention: Desk [FR Doc. E9–11817 Filed 5–20–09; 8:45 am] information will have practical utility; Office for NIH. To request more BILLING CODE 4140–01–P (2) the accuracy of the agency’s estimate information on the project or to obtain of the burden of the proposed collection a copy of the data collection plans and of information, including the validity of instruments contact G. Stephane DEPARTMENT OF HEALTH AND the methodology and assumptions used; Philogene, PhD, Assistant Director for HUMAN SERVICES (3) ways to enhance the quality, utility, Policy and Planning, Office of and clarity of the information to be Behavioral and Social Sciences Centers for Disease Control and collected; and (4) ways to minimize the Research, National Institutes of Health, Prevention burden of the collection of information 31 Center Drive, Building 31, Room B2– on those who are to respond, including [30Day–09–09AK] B37, Bethesda, MD 20892, or call non- the use of appropriate automated, toll-free number 301–402–3902 or e- Agency Forms Undergoing Paperwork electronic, mechanical, or other mail your request, including your Reduction Act Review technological collection techniques or other forms of information technology. address, to: [email protected]. The Centers for Disease Control and Direct Comments to OMB: Written Comments Due Date: Comments Prevention (CDC) publishes a list of comments and/or suggestions regarding regarding this information collection are information collection requests under the item(s) contained in this notice, best assured of having their full effect if review by the Office of Management and

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Budget (OMB) in compliance with the connect climate change with health and optimal strategies for Paperwork Reduction Act (44 U.S.C. effects. In general, the majority of communicating with target audiences. Chapter 35). To request a copy of these Americans associate climate change Focus groups will be conducted with requests, call the CDC Reports Clearance with nonhuman impacts and the residents of Santa Rosa, California. Officer at (404) 639–5960 or send an e- environmental problems rather than During phase one, three exploratory mail to [email protected]. Send written health effects. They are more likely to be focus groups will be conducted to comments to CDC Desk Officer, Office of concerned about climate change impacts develop messaging strategies. Results Management and Budget, Washington, on plant and animal extinctions rather from the exploratory focus groups will DC or by fax to (202) 395–6974. Written than on human health. Thus, it is not be used in the development of comments should be received within 30 surprising that few in the general public preliminary messaging strategies and days of this notice. are well prepared to deal with climate draft materials. This material will be Proposed Project change health effects. The Centers for tested with the target audience during Disease Control and Prevention (CDC) is the second phase of research. The Audience Analysis for Environmental interested in developing communication second phase will include three Health Issues—New—National Center materials testing focus groups to for Environmental Health/Agency for materials to increase the public’s determine which materials and Toxic Substances and Disease Registry awareness and knowledge, and prepare messages are most attractive and (NCEH/ATSDR), Centers for Disease for the potential health effects compelling in terms of educating the Control and Prevention (CDC). associated with climate change. To this end, focus groups will be conducted public about health effects and Background and Brief Description with members of a local California promoting preparedness behaviors. The health effects associated with community to understand motivations Participants will be recruited via climate change include injuries and and factors influencing target audience’s standard focus group recruitment fatalities related to severe weather decision process. There will also be an methods. Most will come from an events and heat waves, infectious emphasis on the health effects, framing existing database (or list) of potential diseases related to changes in vector devices, and channels that might be participants maintained by the focus biology, water and food contamination, most effective for disseminating public group facility or recruited through local and respiratory illness due to increased health messages and having them newspapers. There is no cost to allergen production. Despite these motivate the intended audiences. With respondents. potentially devastating public health that in hand it will be possible to The total estimated annual burden consequences, few in the general public identify the most valuable information hours are 117.

ESTIMATED ANNUALIZED BURDEN HOURS

Average No. of No. of burden per Respondents respondents responses per response respondent (in hours)

Recruitment screener ...... 108 1 5/60 Exploratory Focus Groups ...... 27 1 2 Materials Testing Focus Groups ...... 27 1 2

Dated: May 15, 2009. Officer at (404) 639–5960 or send an e- existing regulations governing the Maryam I. Daneshvar, mail to [email protected]. Send written foreign quarantine activities (42 CFR 71) Acting Reports Clearance Officer, Centers for comments to CDC Desk Officer, Office of authorize quarantine officers and other Disease Control and Prevention. Management and Budget, Washington, personnel to inspect and undertake [FR Doc. E9–11894 Filed 5–20–09; 8:45 am] DC or by fax to (202) 395–6974. Written necessary control measures with respect BILLING CODE 4163–18–P comments should be received within 30 to conveyances, persons, and shipments days of this notice. of animals and etiologic agents entering the United States from foreign ports in Proposed Project DEPARTMENT OF HEALTH AND order to protect the public’s health. HUMAN SERVICES Foreign Quarantine Regulations (42 Under the foreign quarantine CFR 71) (OMB Control No. 0920– regulations, the master of a ship or Centers for Disease Control and 0134)—Extension—National Center for captain of an airplane entering the Prevention Preparedness, Detection, and Control of United States from a foreign port is Infectious Diseases (NCPDCID), Centers required by public health law to report [30Day–09–0134] for Disease Control and Prevention certain illnesses among passengers (42 Agency Forms Undergoing Paperwork (CDC). CFR 71.21(b)). In addition to the Reduction Act Review aforementioned list of illnesses which Background and Brief Description must be reported to CDC, the master of The Centers for Disease Control and Section 301 of the Public Health a ship or captain of an airplane must Prevention (CDC) publishes a list of Service Act (PHSA) (42 U.S.C. 264) also report (1) Hemorrhagic Fever information collection requests under authorizes the Secretary of Health and Syndrome (persistent fever review by the Office of Management and Human Services (HHS) to make and accompanied by abnormal bleeding Budget (OMB) in compliance with the enforce regulations necessary to prevent from any site); or (2) acute respiratory Paperwork Reduction Act (44 U.S.C. the introduction, transmission, or syndrome (severe cough or severe Chapter 35). To request a copy of these spread of communicable diseases into respiratory disease of less than 3 weeks requests, call the CDC Reports Clearance the United States. Legislation and in duration); or (3) acute onset of fever

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and severe headache, accompanied by while traveling on a conveyance. HHS introduction and spread of stiff neck or change in level of delegates authority to CDC to conduct communicable diseases into the United consciousness. CDC has the authority to quarantine control measures. Currently, States with a minimum of collect personal health information to with the exception of rodent inspections recordkeeping and reporting as well as protect the health of the public under and the cruise ship sanitation program, a minimum of interference with trade the authority of section 301 of the inspections are performed only on those and travel. Public Health Service Act (42 U.S.C.). vessels and aircraft which report illness Respondents include airline pilots, This information collection request prior to arrival or when illness is ships’ captains, importers, and travelers. also includes the Passenger Locator discovered upon arrival. Other The nature of the quarantine response Information Form. The Passenger inspection agencies assist quarantine dictates which forms are completed by Locator Information Form is used to officers in public health screening of whom. There are no costs to collect reliable information that assists persons, pets, and other importations of respondents except for their time to quarantine officers in locating, in a public health significance and make complete the forms. timely manner, those passengers and referrals to the Public Health Service The total annualized burden for this crew who are exposed to communicable when indicated. These practices and information collection request is diseases of public health significance procedures assure protection against the 225,761 hours.

ESTIMATE OF ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Citation respondents responses per respondent respondent (in hours)

71.21 Radio Report of death/illness ...... 9,500 1 2/60 71.33(c) Report by persons in isolation or surveillance ...... 11 1 3/60 71.35 Report of death/illness in port ...... 5 1 30/60 Locator Form used in an outbreak of public health significance ...... 2,700,000 1 5/60 Locator Form used for reporting of an ill passenger(s) ...... 800 1 5/60 71.51(b)(3) Admission of cats/dogs; death/illness ...... 5 1 3/60 71.51(d) Dogs/cats: Certification of Confinement, Vaccination ...... 1,200 1 15/60 71.52(d) Turtle Importation Permits ...... 10 1 30/60 71.53(d) Importer Registration—Nonhuman Primates ...... 40 1 10/60 71.53(e) Recordkeeping ...... 30 4 30/60

Dated: May 14, 2009. Proposed Project tools. For example, the DHDSP provides Maryam I. Daneshvar, Improving the Quality and Delivery of training to States on how to implement Acting Reports Clearance Officer, Centers for CDC’s Heart Disease and Stroke and evaluate their programs and Disease Control and Prevention. Prevention Programs—New—Division provides guidance on how to best apply [FR Doc. E9–11896 Filed 5–20–09; 8:45 am] for Heart Disease and Stroke Prevention evidence-based practices. In addition BILLING CODE 4163–18–P (DHDSP), National Center for Chronic the DHDSP translates its scientific Disease Prevention and Health studies into informational products, Promotion (NCCDPHP), Centers for such as on-line reports and trend data. DEPARTMENT OF HEALTH AND Disease Control and Prevention (CDC). Over the next three years, DHDSP HUMAN SERVICES Background and Brief Description plans to conduct a series of information collections based on a reference set of Centers for Disease Control and Heart disease and stroke are among questions that address relevance, quality Prevention the most widespread and costly causes and impact of DHDSP services and of death and disability in the U.S., but guidance. A generic clearance is [30Day-09–09AH] are also among the most preventable health problems. In 2006, CDC created requested in order to provide flexibility Agency Forms Undergoing Paperwork the Division of Heart Disease and Stroke in the content and timing of specific Reduction Act Review Prevention (DHDSP) to provide national information collections. Surveys leadership for efforts to reduce the tailored to specific public health The Centers for Disease Control and burden of disease, disability, and death partners, services, or other Prevention (CDC) publish a list of from heart disease and stroke. programmatic initiatives will be information collection requests under Many heart disease and stroke developed from the reference set of pre- review by the Office of Management and prevention and control activities are approved questions. A small number of Budget (OMB) in compliance with the conducted through DHDSP-funded heart demographic and descriptive questions Paperwork Reduction Act (44 U.S.C. disease and stroke prevention programs. may be included in specific surveys to Chapter 35). To request a copy of these The DHDSP’s key partners include State assess the extent to which perceptions requests, call the CDC Reports Clearance and local health departments, public and use of DHDSP services vary across Officer at (404) 639–5960 or send an e- health organizations, community types of respondents. Whenever mail to [email protected]. Send written organizations, nonprofit organizations, feasible, information will be collected comments to CDC Desk Officer, Office of and professional organizations. The electronically to reduce burden on Management and Budget, Washington, DHDSP supports partners by conducting respondents. In addition, information DC or by fax to (202) 395–6974. Written trainings, providing scientific guidance may be collected through in-person or comments should be received within 30 and technical assistance, and producing telephone interviews or focus groups days of this notice. scientific information and supporting when Web-based surveys are

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impractical or when in-depth responses deemed to be useful by those audiences, opportunities and to respond to are required. and whether DHDSP efforts improve partners’ concerns. The evaluation information will be public health practices. Finally, the There are no costs to respondents used to determine whether DHDSP generic clearance format will allow the other than their time. The total activities and products are reaching the DHDSP to identify new programmatic estimated annualized burden hours are intended audiences, whether they are 491.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of burden per Type of respondent Data collection mechanism respondents response (in hours)

State and Local Health Departments ...... Web-based survey ...... 250 30/60 Interview ...... 30 1 Focus group ...... 32 1 Private Sector Partners ...... Web-based survey ...... 180 30/60 Interview ...... 90 1 Focus group ...... 48 1 Academic Institutions ...... Web-based survey ...... 60 30/60 Interview ...... 30 1 Focus group ...... 16 1

Dated: May 14, 2009. include the FDA docket number found 1 year past the expected shelf life of the Maryam I. Daneshvar, in brackets in the heading of this products up to a maximum of 3 years, Acting Reports Clearance Officer, Centers for document. specified records relating to the Disease Control and Prevention. FOR FURTHER INFORMATION CONTACT: irradiation process (e.g., the food [FR Doc. E9–11895 Filed 5–20–09; 8:45 am] Jonna Capezzuto, Office of Information treated, lot identification, scheduled BILLING CODE 4163–18–P Management (HFA–710), Food and Drug process, etc.). The records required by Administration, 5600 Fishers Lane, § 179.25(e) are used by FDA inspectors Rockville, MD 20857, 301–796–3794. to assess compliance with the regulation DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: In that establishes limits within which HUMAN SERVICES compliance with 44 U.S.C. 3507, FDA radiation may be safely used to treat food. The agency cannot ensure safe use Food and Drug Administration has submitted the following proposed collection of information to OMB for without a method to assess compliance [Docket No. FDA–2009–N–0043] review and clearance. with the dose limits, and there are no practicable methods for analyzing most Agency Information Collection Irradiation in the Production, foods to determine whether they have Activities; Submission for Office of Processing, and Handling of Food— been treated with ionizing radiation and Management and Budget Review; (OMB Control Number 0910–0186)— are within the limitations set forth in Comment Request; Irradiation in the Extension part 179. Records inspection is the only Production, Processing, and Handling Under sections 201(s) and 409 of the way to determine whether firms are of Food Federal Food, Drug, and Cosmetic Act complying with the regulations for (the act) (21 U.S.C. 321(s) and 348), food treatment of foods with ionizing AGENCY: Food and Drug Administration, irradiation is subject to regulation under radiation. HHS. the food additive premarket approval In this request for extension of OMB ACTION: Notice. provisions of the act. The regulations approval, FDA proposes to include and SUMMARY: The Food and Drug providing for uses of irradiation in the consolidate into the subject collection of Administration (FDA) is announcing production, processing, and handling of information (OMB control number that a proposed collection of food are found in part 179 (21 CFR part 0910–0186) the collection of information has been submitted to the 179). To ensure safe use of a radiation information and associated burden Office of Management and Budget source, § 179.21(b)(1) requires that the hours from OMB control number 0910– (OMB) for review and clearance under label of sources bear appropriate and 0549. This inclusion is reflected in the the Paperwork Reduction Act of 1995. accurate information identifying the estimated burden reported in table 1 of source of radiation and the maximum DATES: Fax written comments on the this document, which has increased by (or minimum and maximum) energy of the addition of one recordkeeper in the collection of information by June 22, radiation emitted by x-ray tube sources. 2009. large processors line, increasing the Section 179.21(b)(2) requires that the number of estimated recordkeepers from ADDRESSES: To ensure that comments on label or accompanying labeling bear two to three. the information collection are received, adequate directions for installation and OMB recommends that written use and a statement supplied by FDA Description of Respondents: comments be faxed to the Office of that indicates maximum dose of Respondents are businesses engaged in Information and Regulatory Affairs, radiation allowed. Section 179.26(c) the irradiation of food. OMB, Attn: FDA Desk Officer, FAX: requires that the label or accompanying In the Federal Register of February 202–395–6974, or e-mailed to labeling bear a logo and a radiation 13, 2009 (74 FR 7236), FDA published [email protected]. All disclosure statement. Section 179.25(e) a 60-day notice requesting public comments should be identified with the requires that food processors who treat comment on the information collection OMB control number 0910–0186. Also food with radiation make and retain, for provisions. No comments were received.

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FDA estimates the burden of this collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers per Recordkeeping Records Record Total Hours

179.25(e), large processors 3 300 900 1 900

179.25(e), small processors 4 30 120 1 120

Total 1,020 1There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA bases its estimate of burden for DEPARTMENT OF HEALTH AND Date: June 17, 2009. the recordkeeping provisions of HUMAN SERVICES Open: 8 a.m. to 8:45 a.m. § 179.25(e) on the agency’s experience Agenda: Meeting introduction; regulating the safe use of radiation as a National Institutes of Health overview of the Type 1 Diabetes—Rapid direct food additive. The number of Access to Intervention Development National Institute of Diabetes and firms who process food using irradiation (T1D–RAID) research program. Digestive and Kidney Diseases is extremely limited. FDA estimates that Closed: 8:45 a.m. to 9:30 a.m. Diabetes Mellitus Interagency Agenda: Mid-course assessment of there are 3 irradiation plants whose Coordinating Committee; Notice of business is devoted primarily (i.e., T1D–RAID. Meeting Open: 9:30 a.m. to 10 a.m. approximately 100 percent) to Agenda: Overview of the Type 1 The National Institute of Diabetes and irradiation of food and other agricultural Diabetes Preclinical Testing Program Digestive and Kidney Diseases (NIDDK), products. Four other firms also irradiate (T1D–PTP)—Prevention or Reversal of on behalf of the National Institutes of small quantities of food. FDA estimates Type 1 Diabetes in Rodent Models. Health (NIH), the Centers for Disease that this irradiation accounts for no Closed: 10 a.m. to 10:30 a.m. Control and Prevention (CDC), and the more than 10 percent of the business for Agenda: Mid-course assessment of the Diabetes Mellitus Interagency each of these firms. Therefore, the T1D–PTP—Prevention or Reversal of Coordinating Committee (DMICC), is average estimated burden is based on: Type 1 Diabetes in Rodent Models. Three facilities devoting 100 percent of convening an ad hoc planning and Open: 10:45 a.m. to 11:15 a.m. their business to food irradiation (3 × evaluation meeting to provide a mid- Agenda: Overview of the T1D–PTP— course assessment of ongoing pre- 300 hours = 900 hours for recordkeeping Prevention or Reversal of Diabetic clinical research efforts supported by annually); four facilities devoting 10 Complications in Rodent Models. the Special Statutory Funding Program percent of their business to food Closed: 11:15 a.m. to 11:45 a.m. × for Type 1 Diabetes Research and to Agenda: Mid-course assessment of the irradiation (4 30 hours = 120 hours for discuss possible future directions for recordkeeping annually). T1D–PTP—Prevention or Reversal of these efforts. Diabetic Complications in Rodent No burden has been estimated for the Sessions of the meeting will be open Models. labeling requirements in § 179.21(b)(1) to the public as indicated below, with Open: 12:30 p.m. to 1 p.m. and (b)(2) and § 179.26(c) because the attendance limited to space available. Agenda: Overview of the Animal information to be disclosed is Certain sessions, during which Models of Diabetic Complications information that has been supplied by confidential information will be Consortium (AMDCC) research program. FDA. Under 5 CFR 1320.3(c)(2), the discussed, will be closed to the public. Closed: 1 p.m. to 2 p.m. public disclosure of information Members of the public planning to Agenda: Mid-course assessment of the originally supplied by the Federal attend the meeting must register online AMDCC. Government to the recipient for the at: http://www.scgcorp.com/ Open: 2 p.m. to 2:30 p.m. purpose of disclosure to the public is Type1Diabetes09/registration.asp. This Agenda: Overview of the Type 1 not a collection of information. is not a meeting to solicit public Diabetes Resource. comment. Therefore, members of the Closed: 2:30 p.m. to 3:15 p.m. Dated: May 14, 2009. public are permitted to attend the open Agenda: Mid-course assessment of the Jeffrey Shuren, sessions as observers only. Individuals Type 1 Diabetes Resource. Associate Commissioner for Policy and who plan to attend and need special Open: 3:30 p.m. to 4 p.m. Planning. assistance, such as sign language Agenda: Overview of Beta Cell interpretation or other reasonable Biology Consortium (BCBC). accommodations, should inform the Closed: 4 p.m. to 5 p.m. Contact Person listed below at least 10 Agenda: Mid-course assessment of the days in advance of the meeting. BCBC. [FR Doc. E9–11931 Filed 5–20–09; 8:45 am] Name: Meeting on Pre-Clinical Contact Person: Julie Wallace, PhD, BILLING CODE 4160–01–S Research Supported by the Special Health Science Policy Analyst, Office of Statutory Funding Program for Type 1 Scientific Program and Policy Analysis, Diabetes Research. National Institute of Diabetes and Place: National Institutes of Health, Digestive and Kidney Diseases, 9000 Neuroscience Building, 6001 Executive Rockville Pike, Building 31, Room Blvd., Conference Room C, Bethesda, 9A05, Bethesda, MD 20892, (301) 496– MD 20852. 6623, [email protected].

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Name: Meeting on Pre-Clinical Dated: May 12, 2009. Name of Committee: National Institute of Research Supported by the Special Sanford Garfield, Arthritis and Musculoskeletal and Skin Statutory Funding Program for Type 1 Executive Secretary, DMICC, Division of Diseases Special Emphasis Panel, Diabetes Research. Diabetes, Endocrinology and Metabolic Competitive Revision Reviews. Date: June 24, 2009. Place: National Institutes of Health, Diseases, NIDDK, National Institutes of Health. Time: 8 a.m. to 5 p.m. Neuroscience Building, 6001 Executive Agenda: To review and evaluate grant Blvd., Conference Room C, Bethesda, [FR Doc. E9–11698 Filed 5–20–09; 8:45 am] applications. MD 20852. BILLING CODE 4140–01–M Place: Embassy Suites at the Chevy Chase Date: June 18, 2009. Pavilion, 4300 Military Road, NW., Washington, DC 20015. Open: 8 a.m. to 8:30 a.m. DEPARTMENT OF HEALTH AND Contact Person: Michael L. Bloom, Ph.D., Agenda: Overview of the Cooperative HUMAN SERVICES MBA, Scientific Review Administrator, EP Study Group for Autoimmune Disease Review Branch, NIH/NIAMS, One Prevention (Prevention Centers) National Institutes of Health Democracy Plaza, Room 820, MSC 4872, research program. 6701 Democracy Blvd., Bethesda, MD 20892– National Institute of Arthritis and 4872, 301–594–4953, Closed: 8:30 a.m. to 9 a.m. Musculoskeletal and Skin Diseases; [email protected]. Agenda: Mid-course assessment of the Notice of Closed Meetings (Catalogue of Federal Domestic Assistance Prevention Centers. Program Nos. 93.846, Arthritis, Open: 9 a.m. to 9:30 a.m. Pursuant to section 10(d) of the Musculoskeletal and Skin Diseases Research, Federal Advisory Committee Act, as National Institutes of Health, HHS) Agenda: Overview of the amended (5 U.S.C. App.), notice is Immunobiology of Xenotransplantation hereby given of the following meetings. Dated: May 14, 2009. Cooperative Research Program (IXCRP) The meetings will be closed to the Jennifer Spaeth, research program. public in accordance with the Director, Office of Federal Advisory Closed: 9:30 a.m. to 10:15 a.m. provisions set forth in sections Committee Policy. Agenda: Mid-course assessment of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. E9–11831 Filed 5–20–09; 8:45 am] IXCRP. as amended. The grant applications and BILLING CODE 4140–01–P Open: 10:30 a.m. to 11 a.m. the discussions could disclose confidential trade secrets or commercial Agenda: Overview of the NHP DEPARTMENT OF HEALTH AND Transplantation Tolerance Cooperative property such as patentable material, and personal information concerning HUMAN SERVICES Study Group (NHPCSG). individuals associated with the grant Closed: 11 a.m. to 12:15 p.m. applications, the disclosure of which Centers for Disease Control and Agenda: Mid-course assessment of the would constitute a clearly unwarranted Prevention NHPCSG; discussion of cross-cutting invasion of personal privacy. Disease, Disability, and Injury themes for strengthening the ongoing Name of Committee: National Institute of Prevention and Control Special preclinical research portfolio. Arthritis and Musculoskeletal and Skin Emphasis Panel (SEP): A Creutzfeldt- Open: 12:30 p.m. to 1:30 p.m. Diseases Special Emphasis Panel, Mentored Career Development, Institutional Research Jakob Disease (CJD) Lookback Study: Agenda: Discussion of future Training & Pathways to Independence Assessing the Risk of Blood Borne opportunities for preclinical research. Reviews. Transmission of Classic Forms of Contact Person: Julie Wallace, PhD, Date: June 5, 2009. Creutzfeldt-Jakob Disease, Funding Health Science Policy Analyst, Office of Time: 11 a.m. to 12 p.m. Opportunity Announcement (FOA) Scientific Program and Policy Analysis, Agenda: To review and evaluate grant CK09–002, Initial Review applications. National Institute of Diabetes and Place: National Institutes of Health, One Digestive and Kidney Diseases, 9000 In accordance with Section 10(a)(2) of Democracy Plaza, 6701 Democracy the Federal Advisory Committee Act Rockville Pike, Building 31, Room Boulevard, Bethesda, MD 20892. (Telephone 9A05, Bethesda, MD 20892, (301) 496– Conference Call) (Pub. L. 92–463), the Centers for Disease 6623, [email protected]. Contact Person: Charles H. Washabaugh, Control and Prevention (CDC) PhD, Scientific Review Administrator, announces the aforementioned meeting. Please Note: The NIH has instituted Review Branch, NIAMS/NIH, 6701 Time and Date: 12 p.m.–3 p.m., June 5, security measures to ensure the safety of NIH Democracy Blvd., Room 816, Bethesda, MD 2009 (Closed). employees and property. Upon your arrival at 20892, 301–451–4838, Place: Teleconference. the Neuroscience Building, enter through the [email protected]. Status: The meeting will be closed to the main lobby where you will be greeted at the public in accordance with provisions set security guard’s desk. Visitors who are not Name of Committee: National Institute of Arthritis and Musculoskeletal and Skin forth in Section 552b(c) (4) and (6), Title 5 NIH employees will be required to show one Diseases Special Emphasis Panel, Building U.S.C., and the Determination of the Director, form of identification (for example, a Interdisciplinary Research Team (BIRT) II Management Analysis and Services Office, government-issued photo ID, driver’s license, RFA. CDC, pursuant to Public Law 92–463. or passport) and to have their bags searched Date: June 12, 2009. Matters to be Discussed: The meeting will in order to enter the building. You will then Time: 8 a.m. to 6 p.m. include the initial review, discussion, and be issued a visitor badge. In estimating your Agenda: To review and evaluate grant evaluation of ‘‘ A Creutzfeldt-Jakob Disease travel time, please allow for these security applications. Lookback Study: Assessing the Risk of Blood measures, particularly if you are arriving in Place: National Institutes of Health, One Borne Transmission of Classic Forms of a group. Self-parking is available for a Democracy Plaza, 6701 Democracy Creutzfeldt-Jakob Disease, FOA CK09–002.’’ maximum of $8 per day. Boulevard, Bethesda, MD 20892. (Virtual Contact Person for More Information: Wendy Carr, Ph.D., CDC, 1600 Clifton Road, A registration link, information about Meeting) Contact Person: Charles H. Washabaugh, NE., Mailstop D60, Atlanta, GA 30333, the meeting, and the agenda are EP Review Branch NIAMS, One Democracy Telephone: (404) 498–2276. available online: http:// Plaza, Suite 800, MSC 4872, 6701 Democracy The Director, Management Analysis and www3.niddk.nih.gov/fund/ Plaza, Bethesda, MD 20892–4872, 301–496– Services Office, has been delegated the otherType1Diabetes09/. 9568, [email protected]. authority to sign Federal Register notices

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pertaining to announcements of meetings and Any interested person may file written limitations imposed by the review and other committee management activities, for comments with the committee by forwarding funding cycle. both CDC and the Agency for Toxic the statement to the Contact Person listed on Name of Committee: Center for Scientific Substances and Disease Registry. this notice. The statement should include the Review Special Emphasis Panel; Drug Dated: May 15, 2009. name, address, telephone number and when Discover ARRA CR. applicable, the business or professional Elaine L. Baker, Date: May 29, 2009. affiliation of the interested person. Time: 1 p.m. to 5 p.m. Director, Management Analysis and Services In the interest of security, NIH has Agenda: To review and evaluate grant Office, Centers for Disease Control and instituted stringent procedures for entrance applications. Prevention. onto the NIH campus. All visitor vehicles, Place: Mayflower Park Hotel, 405 Olive [FR Doc. E9–11905 Filed 5–20–09; 8:45 am] including taxicabs, hotel, and airport shuttles Way, Seattle, WA 98101. BILLING CODE 4163–18–P will be inspected before being allowed on Contact Person: Hungyi Shau, PhD, campus. Visitors will be asked to show one Scientific Review Officer, Center for form of identification (for example, a Scientific Review, National Institutes of DEPARTMENT OF HEALTH AND government-issued photo ID, driver’s license, Health, 6701 Rockledge Drive, Room 6186, HUMAN SERVICES or passport) and to state the purpose of their MSC 7804, Bethesda, MD 20892, 301–435– visit. 1720, [email protected]. National Institutes of Health (Catalogue of Federal Domestic Assistance This notice is being published less than 15 Program Nos. 93.846, Arthritis, days prior to the meeting due to the timing National Institute of Arthritis and Musculoskeletal and Skin Diseases Research, limitations imposed by the review and Musculoskeletal and Skin Diseases; National Institutes of Health, HHS) funding cycle. Notice of Meeting Dated: May 14, 2009. Name of Committee: Center for Scientific Review Special Emphasis Panel; Special Pursuant to section 10(d) of the Jennifer Spaeth, Emphasis Panel for KNOD Revision Federal Advisory Committee Act, as Director, Office of Federal Advisory Applications. amended (5 U.S.C. App.), notice is Committee Policy. Date: June 2, 2009. hereby given of a meeting of the [FR Doc. E9–11830 Filed 5–20–09; 8:45 am] Time: 3 p.m. to 6 p.m. National Arthritis and Musculoskeletal BILLING CODE 4140–01–P Agenda: To review and evaluate grant and Skin Diseases Advisory Council. applications. The meeting will be open to the Place: New Orleans Marriott at the public as indicated below, with DEPARTMENT OF HEALTH AND Convention Center, 859 Convention Center HUMAN SERVICES Boulevard, New Orleans, LA 70130. attendance limited to space available. Contact Person: Fungai F. Chanetsa, MPH, Individuals who plan to attend and National Institutes of Health PhD, Scientific Review Officer, Center for need special assistance, such as sign Scientific Review, National Institutes of language interpretation or other Center for Scientific Review; Notice of Health, 6701 Rockledge Drive, Room 3135, reasonable accommodations, should MSC 7770, Bethesda, MD 20892, 301–435– Closed Meetings notify the Contact Person listed below 1262, [email protected]. in advance of the meeting. Pursuant to section 10(d) of the This notice is being published less than 15 The meeting will be closed to the Federal Advisory Committee Act, as days prior to the meeting due to the timing public in accordance with the limitations imposed by the review and amended (5 U.S.C. App.), notice is funding cycle. provisions set forth in sections hereby given of the following meetings. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The meetings will be closed to the Name of Committee: Center for Scientific Review Special Emphasis Panel; as amended. The grant applications and public in accordance with the the discussions could disclose Epidemiology of Cancer Revision provisions set forth in sections Applications. confidential trade secrets or commercial 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: June 3, 2009. property such as patentable material, as amended. The grant applications and Time: 9 a.m. to 2 p.m. and personal information concerning the discussions could disclose Agenda: To review and evaluate grant individuals associated with the grant confidential trade secrets or commercial applications. applications, the disclosure of which property such as patentable material, Place: Hilton Alexandria Old Town, 1767 would constitute a clearly unwarranted and personal information concerning King Street, Alexandria, VA 22314. invasion of personal privacy. individuals associated with the grant Contact Person: Denise Wiesch, PhD, Scientific Review Officer, Center for Name of Committee: National Arthritis and applications, the disclosure of which Scientific Review, National Institutes of Musculoskeletal and Skin Diseases Advisory would constitute a clearly unwarranted Health, 6701 Rockledge Drive, Room 3150, Council. invasion of personal privacy. MSC 7770, Bethesda, MD 20892, (301) 435– Date: June 2, 2009. Name of Committee: Center for Scientific 0684, [email protected]. Open: 8 a.m. to 12 p.m. This notice is being published less than 15 Agenda: To discuss administrative details Review Special Emphasis Panel VMD–ARRA Competive Revision Applications days prior to the meeting due to the timing relating to the Council’s business and special limitations imposed by the review and Reports. Date: May 29, 2009. funding cycle. Place: National Institutes of Health, Time: 11 a.m. to 4 p.m. Building 31, 31 Center Drive, Conference Agenda: To review and evaluate grant Name of Committee: Center for Scientific Room 6, Bethesda, MD 20892. applications. Review Special Emphasis Panel; Lung Closed: 1 p.m. to 5 p.m. Place: Doubletree Hotel Washington, DC, Toxicology ARRA CR. Agenda: To review and evaluate grant 1515 Rhode Island Avenue, NW., Date: June 3, 2009. applications. Washington, DC 20005. Time: 11 a.m. to l p.m. Place: National Institutes of Health, Contact Person: Jian, Wang, PhD, Scientific Agenda: To review and evaluate grant Building 31, 31 Center Drive, Conference Review Officer, Center for Scientific Review, applications. Room 6, Bethesda, MD 20892. National Institutes of Health, 6701 Rockledge Place: Warwick Seattle Hotel, 401 Lenora Contact Person: Susana Serrate-Sztein, MD, Drive, Room 4095D, MSC 7812, Bethesda, Street, Seattle, WA 98121. Director, Division of Skin and Rheumatic MD 20892, (301) 435–2778, Contact Person: Ghenima Dirami, PhD, Diseases, NIAMS/NIH, 6701 Democracy [email protected]. Scientific Review Officer, Center for Blvd., Suite 800, Bethesda, MD 20892–4872. This notice is being published less than 15 Scientific Review, National Institutes of (301) 594–5032. [email protected]. days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 4112,

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MSC 7814, Bethesda, MD 20892, 301–594– National Institutes of Health, 6701 Rockledge The meeting will be closed to the 1321, [email protected]. Drive, Room 5158, MSC 7849, Bethesda, MD public in accordance with the This notice is being published less than 15 20892, 301–402–1074, [email protected]. provisions set forth in sections days prior to the meeting due to the timing This notice is being published less than 15 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., limitations imposed by the review and days prior to the meeting due to the timing funding cycle. limitations imposed by the review and as amended. The grant applications and the discussions could disclose Name of Committee: Center for Scientific funding cycle. Review Special Emphasis Panel; Review of Name of Committee: Center for Scientific confidential trade secrets or commercial Competing Revisions. Review Special Emphasis Panel; property such as patentable material, Date: June 5, 2009. Psychosocial Risk Prevention: ARRA and personal information concerning Time: 8 a.m. to 12 p.m. Revision Applications. individuals associated with the grant Agenda: To review and evaluate grant Date: June 5, 2009. applications, the disclosure of which applications. Time: 12 p.m. to 5 p.m. would constitute a clearly unwarranted Place: Hotel Palomar, 2121 P Street, NW., Agenda: To review and evaluate grant invasion of personal privacy. Washington, DC 20037. applications. Contact Person: Elisabeth Koss, PhD, Place: Avenue Hotel Chicago, 160 Huron Name of Committee: Arthritis and Scientific Review Officer, Center for Street, Chicago, IL 60611. Musculoskeletal and Skin Diseases Special Scientific Review, National Institutes of Contact Person: Anna L. Riley, PhD, Grants Review Committee. Health, 6701 Rockledge Drive, Room 3139, Scientific Review Officer, Center for Date: June 2–3, 2009. MSC 7770, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Time: 7 p.m. to 5 p.m. 1721, [email protected]. Health, 6701 Rockledge Drive, Room 3114, Agenda: To review and evaluate grant This notice is being published less than 15 MSC 7759, Bethesda, MD 20892, 301–435– applications. days prior to the meeting due to the timing 2889, [email protected]. Place: Hyatt Regency Bethesda, One limitations imposed by the review and This notice is being published less than 15 Bethesda Metro Center, 7400 Wisconsin funding cycle. days prior to the meeting due to the timing Avenue, Bethesda, MD 20814. limitations imposed by the review and Contact Person: Helen Lin, PhD, Scientific Name of Committee: Center for Scientific funding cycle. Review Administrator, NIH/NIAMS/RB, 6701 Review Special Emphasis Panel; Competitive Democracy Blvd., Suite 800, Plaza One, Revisions; Neurotechnology. Name of Committee: Center for Scientific Bethesda, MD 20817, 301–594–4952, Date: June 5, 2009. Review Special Emphasis Panel; Topics in [email protected]. Time: 8 a.m. to 6 p.m. Anti-Microbial and Resistance. Agenda: To review and evaluate grant Date: June 5, 2009. (Catalogue of Federal Domestic Assistance applications. Time: 12 p.m. to 3 p.m. Program Nos. 93.846, Arthritis, Place: Melrose Hotel, 2430 Pennsylvania Agenda: To review and evaluate grant Musculoskeletal and Skin Diseases Research, Avenue, NW., Washington, DC 20037. applications. National Institutes of Health, HHS) Contact Person: Robert C. Elliott, PhD, Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Dated: May 14, 2009. Scientific Review Officer, Center for Jennifer Spaeth, Scientific Review, National Institutes of Avenue, Bethesda, MD 20814. Health, 6701 Rockledge Drive, Room 3130, Contact Person: Guangyong Ji, PhD, Director, Office of Federal Advisory MSC 7850, Bethesda, MD 20892, 301–435– Scientific Review Officer, Center for Committee Policy. 3009, [email protected]. Scientific Review, National Institutes of [FR Doc. E9–11828 Filed 5–20–09; 8:45 am] Health, 6701 Rockledge Drive, Room 3211, This notice is being published less than 15 BILLING CODE 4140–01–P days prior to the meeting due to the timing MSC 7808, Bethesda, MD 20892, 301–435– limitations imposed by the review and 1146, [email protected]. funding cycle. This notice is being published less than 15 days prior to the meeting due to the timing DEPARTMENT OF HEALTH AND Name of Committee: Center for Scientific limitations imposed by the review and HUMAN SERVICES Review Special Emphasis Panel; Molecular funding cycle. Obesity and Diabetes ARRA CR. (Catalogue of Federal Domestic Assistance Health Resources and Services Date: June 5, 2009. Program Nos. 93.306, Comparative Medicine; Administration Time: 10:45 a.m. to 5 p.m. 93.333, Clinical Research, 93.306, 93.333, Agenda: To review and evaluate grant 93.337, 93.393–93.396, 93.837–93.844, Privacy Act of 1974 Report of an applications. 93.846–93.878, 93.892, 93.893, National Altered System of Records Place: Embassy Suites New Orleans— Institutes of Health, HHS) Convention Center, 315 Julia Street, New AGENCY: Health Resources and Services Orleans, LA 70130. Dated: May 13 2009. Administration (HRSA), HHS. Contact Person: Ann A. Jerkins, PhD, Jennifer Spaeth, ACTION: Scientific Review Officer, Center for Notice of an altered system of Director, Office of Federal Advisory records. Scientific Review, National Institutes of Committee Policy. Health, 6701 Rockledge Drive, Room 6154, [FR Doc. E9–11827 Filed 5–20–09; 8:45 am] SUMMARY: MSC 7892, Bethesda, MD 20892, 301–435– In accordance with the 4514, [email protected]. BILLING CODE 4140–01–M requirements of the Privacy Act of 1974, This notice is being published less than 15 the Health Resources and Services days prior to the meeting due to the timing Administration (HRSA) is publishing limitations imposed by the review and DEPARTMENT OF HEALTH AND notice of a proposal to alter the system funding cycle. HUMAN SERVICES of records for the C.W. Bill Young Cell Name of Committee: Center for Scientific Transplantation Program. This system of Review Special Emphasis Panel; National Institutes of Health records is required to comply with the Bioengineering Competitive Revisions. implementation directives of Public Date: June 5, 2009. National Institute of Arthritis and Musculoskeletal and Skin Diseases; Law 109–129. Records are used for the Time: 2 p.m. to 5 p.m. C.W. Bill Young Cell Transplantation Agenda: To review and evaluate grant Notice of Closed Meeting applications. Program’s planning, implementation, Place: Crowne Plaza Dulles Airport Hotel, Pursuant to section 10(d) of the evaluation, monitoring, and document 2200 Centreville Road, Herndon, VA 20170. Federal Advisory Committee Act, as storage purposes. Contact Person: Marc Rigas, PhD, Scientific amended (5 U.S.C. App.), notice is The purposes of these alterations are Review Officer, Center for Scientific Review, hereby given of the following meeting. to update the locations of this system,

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to clarify that existing routine use Coordinating Center, and Office of and the contracts with the NMDP and number 4 for this system includes Patient Advocacy/Single Point of Access Medical College of Wisconsin. disclosures to subcontractors, and to were awarded to the National Marrow Records associated with the C.W. Bill add routine use number 9 related to Donor Program in September, 2006. A Young Cell Transplantation Program are notification of breaches in security or single contract for the Stem Cell located at the National Marrow Donor confidentiality of records maintained in Therapeutic Outcomes Database was Program, 3001 Broadway Street, NE., the system. awarded to the Center for International Suite 500, Minneapolis, MN 55413 and DATES: Persons wishing to comment on Blood and Marrow Transplant Research Time Warner Telecom, 5488 Feltl Road, this revised system of records notice (CIBMTR) at the Medical College of Minnetonka, MN 55343. may do so until June 30, 2009. Unless Wisconsin in September 2006 as well. Additional records associated with there is a further notice in the Federal As identified by the Act, the Program the Stem Cell Therapeutic Outcomes Register, this revised system of records is charged with: Operating a system for Database component of the Program are will become effective on June 30, 2009. identifying, matching, and facilitating located at the Medical College of ADDRESSES: Please address comments to the distribution of bone marrow that is Wisconsin’s Center for International Director, Blood Stem Cell suitably matched to candidate patients; Blood and Marrow Transplant Research Transplantation Program, HRSA/HSB/ operating a system for identifying, (CIBMTR), 9200 W. Wisconsin Avenue, DoT, 5600 Fishers Lane, Room 12C–06, matching, and facilitating the Milwaukee, WI 53226. Rockville, Maryland 20857; telephone distribution of donated umbilical cord (301) 443–7577. This is not a toll-free blood units that are suitably matched to CATEGORIES OF INDIVIDUALS COVERED BY THE number. Comments received will be candidate patients; providing a means SYSTEM: available for inspection at this same by which transplant physicians, other 1. Volunteers whose bone marrow, address from 9 a.m. to 3 p.m., Monday healthcare professionals, and patients peripheral blood or cord blood through Friday. can electronically search for and access donations are to be used for all available adult marrow donors FOR FURTHER INFORMATION CONTACT: hematopoietic reconstitution or other available through the Program; Director, Blood Stem Cell therapeutic applications on behalf of recruiting potential adult volunteer Transplantation Program, HRSA/HSB/ patients in need. DoT, 5600 Fishers Lane, Room 12C–06, marrow donors; coordinating with other Rockville, Maryland 20857; telephone Federal programs to maintain and 2. Patients searching for an unrelated (301) 443–7577; fax (301) 594–6095. expand medical contingency response donor or who are receiving transplant or These are not toll-free numbers. capabilities; carrying out informational ancillary services through the C.W. Bill Young Cell Transplantation Program. SUPPLEMENTARY INFORMATION: The and educational activities; providing Health Resources and Services patient advocacy services; providing 3. Recipients of allogeneic blood stem Administration published in the case management services for potential cell transplantation. Federal Register of August 17, 2007, donors; and collecting, analyzing, and CATEGORIES OF RECORDS IN THE SYSTEM: notice of a new system of records, 09– publishing blood stem cell 15–0068, C.W. Bill Young Cell transplantation related data, including Records consist of documents (printed Transplantation Program. The Stem Cell patient outcomes data, in a standardized and electronic) containing all Therapeutic and Research Act of 2005 electronic format. This system of information necessary to manage and (the Act) establishes the C.W. Bill records is required to comply with the facilitate patient searches and to track Young Cell Transplantation Program implementation directives of the Act, detailed post-transplant clinical status, (the Program), which maintains Public Law 109–129. The records will including documentation and information related to patients in need be used for the C.W. Bill Young Cell correspondence concerning patients in of a blood stem cell transplant and Transplantation Program’s planning, need of (or recipients of) blood stem cell potential adult volunteer blood stem implementation, evaluation, monitoring, transplants and volunteers listed on the cell donors who have agreed to be listed and document storage purposes. Program’s registry as potential blood on the registry maintained by the Mary K. Wakefield, stem cell donors. These documents include all information necessary to Program. Additionally, the Program Administrator. maintains information related to the manage and facilitate patient searches, outcomes of patients who have SYSTEM NUMBER: and to track detailed post-transplant and undergone blood stem cell 09–15–0068. post-donation clinical status. The transplantation. following information is maintained in The Stem Cell Therapeutic and SYSTEM NAME: the system: Individual identifiers about Research Act of 2005 authorizes the C.W. Bill Young Cell Transplantation the recipients and donors (e.g., social C.W. Bill Young Cell Transplantation Program. security number (voluntary), names, Program and provides for the collection, date of birth, etc.); recipient and donor maintenance, and distribution of human SECURITY CLASSIFICATION: demographics and socio-demographics; blood stem cells for the treatment of None. recipients’ disease, disease history and patients and for research. The Program treatment, transplant procedure details, consists of four interrelated components SYSTEM LOCATION: post-transplantation medical history, each operated under a separate contract. Data collected by the C.W. Bill Young events, and complications; donor The four components are: The Bone Cell Transplantation Program (the medical history; donation procedure Marrow Coordinating Center; the Cord Program) are maintained by the National and blood stem cell product details; Blood Coordinating Center; the Office of Marrow Donor Program (NMDP) and the long-term follow-up of medical Patient Advocacy/Single Point of Medical College of Wisconsin, outcomes and assessment of functioning Access; and the Stem Cell Therapeutic contractors for the Program. The for donors and recipients; provider Outcomes Database. The contracts for Division of Transplantation within the identifiers; transplant and collection operation of the Bone Marrow Health Resources and Services facility identifiers; and donor Coordinating Center, Cord Blood Administration oversees the Program management center identifiers.

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the following recipients for the purposes agency in his or her official capacity; (c) Public Law 109–129 establishes the stated: any employee of the agency in his or her C.W. Bill Young Cell Transplantation 1. Departmental contractors who have individual capacity where agency or the Program, authorizing the Department to been engaged by the Department to Department of Justice has agreed to establish by contract a system for assist in accomplishment of a represent the employee; or (d) the identifying, matching, and facilitating departmental function related to the United States Government, is a party to bone marrow and cord blood purposes of this system of records and litigation or has an interest in such transplants, including recruitment, who have a need to access the records litigation, and by careful review, the patient advocacy and maintenance of a in order to carry out that function. agency determines that the records are stem cell therapeutic outcomes 2. Transplant centers, physicians and both relevant and necessary to the database. staff, and NMDP participating litigation and the use of such records is organizations, for the purpose of therefore deemed by the agency to be for PURPOSE(S): searching for donors or products and/or a purpose that is compatible with the The C.W. Bill Young Cell facilitating transplants, matching donor purpose for which the agency collected Transplantation Program is comprised blood stem cells with recipients, the records. of the Office of Patient Advocacy/Single monitoring participant outcomes, and 7. Disclosure may be made to a Point of Access, the Bone Marrow monitoring compliance of member congressional office from the record of Coordinating Center, the Cord Blood organizations with contractor an individual in response to a verified Coordinating Center, and the Stem Cell requirements. inquiry from the congressional office Therapeutic Outcomes Database. The 3. Personnel involved in the care of made at the written request of that purpose of the system is to support the volunteer blood stem cell donors and individual. Program’s mission to facilitate and management of their participation in the 8. Disclosure may be made for increase access to blood stem cell Program. Disclosures of clinically research purposes. Rarely, with the transplantation. Additionally, relevant de-identified information appropriate safeguards and consistent information in the system will be used contained in certain donor records may with the applicable provisions of the to advise the Secretary of the be made to transplant physicians, Privacy Act and the Common Rule (45 Department of Health and Human patients or their designated CFR Part 46), disclosure for research Services and the Advisory Council on representatives for purposes of purposes may be made when the Blood Stem Cell Transplantation on facilitating searches for blood stem cell Department, independently or through matters related to the Program and for donors or products and/or facilitation of its contractor(s): (a) Has determined that ongoing monitoring of the Program by unrelated donor transplants. the use or disclosure does not violate the Health Resources and Services 4. Disclosures may be made by the legal or policy limitations under which Administration to determine the contractors for the Office of Patient the record was provided, collected, or effectiveness of the Program and to Advocacy/Single Point of Access, the obtained; (b) has determined that a bona guide implementation of the policies Bone Marrow Coordinating Center, the fide research/analysis purpose exists; (c) and procedures that govern the Cord Blood Coordinating Center, the has required the recipient to: (1) Program’s structure. Records from this Stem Cell Therapeutic Outcomes Establish strict limitations concerning system will be used to carry out the Database, NMDP and CIBMTR the receipt and use of patient-identified statutory charge of the C.W. Bill Young participating centers to one another and data; (2) establish reasonable Cell Transplantation Program. their subcontractors (so long as such administrative, technical, and physical Specifically, records vital and attendant subcontractors are contractually bound safeguards to protect the confidentiality to the full scope of activities involved at to comply with the Privacy Act) as well of the data and to prevent the every stage of the process of facilitation as participating umbilical cord blood unauthorized use or disclosure of the of blood stem cell transplantation or banks to carry out the purposes of the record; (3) remove, destroy, or return the other therapies for recipients suitably C.W. Bill Young Cell Transplantation information that identifies the matched to biologically unrelated Program. individual at the earliest time at which donors; analyzing factors affecting 5. Disclosure may be made to the removal or destruction can be transplant outcomes; monitoring and Department of Justice when: (a) The accomplished consistent with the reporting of adverse events; monitoring agency or any component thereof; or (b) purpose of the research project, unless and reporting of quality, compliance, any employee of the agency in his or her the recipient has presented adequate and performance indicators; monitoring official capacity; (c) any employee of the justification of a research or health and reporting on the size and agency in his or her individual capacity nature for retaining such information; composition of the registry of adult bone where agency or the Department of and (4) make no further use or marrow donors and size and Justice has agreed to represent the disclosure of the record except as composition of the umbilical cord blood employee; or (d) the United States authorized by HHS or its contractor(s) or inventory; and to provide pertinent Government, is a party to litigation or when required by law; (d) has information to transplant programs, has an interest in such litigation, and by determined that other applicable physicians, patients, other entities careful review, the agency determines safeguards or protocols will be followed; awarded a contract under Section 379 of that the records are both relevant and and (e) has secured a written statement the Public Health Service Act, donor necessary to the litigation and the use of attesting to the recipient’s registries, and cord blood banks as such records by the Department of understanding of, and willingness to stated in Public Law 109–129. Justice is therefore deemed by the abide by these provisions. agency to be for a purpose that is 9. To appropriate Federal agencies ROUTINE USES OF RECORDS MAINTAINED IN THE compatible with the purpose for which and Department contractors that have a SYSTEM, INCLUDING CATEGORIES OF USERS AND the agency collected the records. need to know the information for the THE PURPOSES OF SUCH USES: 6. Disclosure may be made to a court purpose of assisting the Department’s Disclosure of records from this system or adjudicative body in a proceeding efforts to respond to a suspected or of records may be made as provided in when: (a) The agency or any component confirmed breach of the security or the Privacy Act, 5 U.S.C. 552a(b), and to thereof; or (b) any employee of the confidentiality of information

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maintained in this system of records, receptionist controlled area. Most hard and that (s)he understands that to and the information disclosed is copy files are maintained in a file room knowingly and willfully request or relevant and necessary for that used solely for purposes of the Program acquire a record pertaining to another assistance. with access limited by combination lock individual under false pretenses is a to authorized users identified above. criminal offense under the Privacy Act POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND Computer files are password protected subject to a $5,000 fine (45 CFR DISPOSING OF RECORDS IN THE SYSTEM: and are accessible only by use of 5b.5(b)(2)(ii)). STORAGE: computers which are password Requests in person or by telephone, Records are maintained in file folders protected. Servers are password electronic mail or facsimile cannot be and in computer data files. protected and protected in locked honored. rooms, with access restricted to specific REQUESTS IN PERSON: RETRIEVABILITY: authorized staff using controls specified Patient and donor records may be in the certification and accreditation No requests in person at the system retrieved by a unique ID assigned by the process. location will be honored. system or through the use of other 6. Procedural safeguards: A password REQUESTS BY TELEPHONE: identifying information (e.g., names, is required to access computer files. All Since positive identification of the date of birth, Social Security Number, or users of personal information in caller cannot be established, telephone address). connection with the performance of requests are not honored. their jobs protect information from SAFEGUARDS: public view and from unauthorized RECORD ACCESS PROCEDURES: 1. Authorized users: Access is limited personnel entering an unsupervised Record access procedures are the to authorized personnel responsible for area. All authorized users sign a same as notification procedures. administering the program, including nondisclosure statement. All passwords, Requesters should also provide a program managers and program keys and/or combinations are changed reasonable description of the contents of specialists who have responsibilities for when a person leaves or no longer has the record being sought. A parent or implementing the program and the authorized duties. Access to records is guardian who requests notification of, or HRSA Information Systems Security limited to those authorized personnel access to, a minor’s/incompetent Officer. The contractor(s) shall maintain trained in accordance with the Privacy person’s record shall designate a family current lists of authorized users. Act and automated data processing physician or other health professional Retrieval of donor or patient records (ADP) security procedures. The (other than a family member) to whom will be limited to authorized users for transmission of records is protected the record, if any, will be sent. The search, outcomes data collection and using secure protocols. Individuals with parent or guardian must verify data auditing, or transplant management access to the system have User IDs and relationship to the minor/incompetent purposes. passwords and must be granted access person as well as his/her own identity. 2. Assign Responsibility for Security: to the system. External access to the Records will be mailed only to the Responsibility is assigned to a data requires two-factor authentication. requester’s address that is on file, unless management official knowledgeable of The safeguards described above were a different address is demonstrated by the nature of the information and established in accordance with NIST official documentation. processes supported by the C.W. Bill 800–53 and OMB Circular A–130 Young Cell Transplantation Program CONTESTING RECORD PROCEDURES: Appendix III. and in the management, personnel, To contest a record in the system, operational, and technical controls used RETENTION AND DISPOSAL: contact the official at the address to protect it. HRSA is working with the National specified above and reasonably identify 3. Perform Risk Assessment: A risk Archives and Records Administration the record, specify the information assessment was conducted in (NARA) to obtain the appropriate being contested, and state the corrective conjunction with the development of retention value of these records. action sought and the reason(s) for the system. The system design ensures requesting the correction, along with vulnerabilities, risks, and other security SYSTEM MANAGER AND ADDRESS: supporting documentation to show how concerns are identified and addressed in Director, Blood Stem Cell the record is inaccurate, incomplete, the system design and throughout the Transplantation Program, HRSA, untimely, or irrelevant. life cycle of the project. This is Parklawn Building, Room 12C–06, 5600 RECORD SOURCE CATEGORIES: consistent with the HHS Automated Fishers Lane, Rockville, MD 20857. Information Systems Security Program Sources of records include, but are Handbook. NOTIFICATION PROCEDURE: not limited to, patients, donors, and/or 4. Certification and Accreditation: Requests must be made to the System their representatives under the C.W. Bill The Program’s electronic data systems Manager. Young Cell Transplantation Program are certified under the auspices of Requests by mail: Requests for and any other sources of information or HRSA’s Office of Information information and/or access to records documentation submitted by any other Technology Certification and received by mail must contain person or entity for inclusion in a Accreditation system. information providing the identity of request for the purpose of facilitating 5. Physical safeguards: All computer the writer, and a reasonable description and monitoring blood stem cell equipment and files and hard copy files of the record desired, and whom it transplantation (e.g., transplant center are stored in areas where fire and life concerns. Written requests must contain healthcare professionals). safety codes (e.g., OSHA standards) are the name and address of the requester, SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS strictly enforced. All automated and his/her date of birth and his/her OF THE ACT: non-automated documents are protected signature. Requests must be notarized to None. on a 24-hour basis. Perimeter security verify the identity of the requester, or includes intrusion alarms, key/ the requester must certify that (s)he is [FR Doc. E9–11946 Filed 5–20–09; 8:45 am] passcard/combination controls, and the individual who (s)he claims to be BILLING CODE 4165–15–P

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DEPARTMENT OF HEALTH AND of section 2125(b); advising the The Department of Health and Human HUMAN SERVICES Secretary on the methods of obtaining, Services has special interest in assuring compiling, publishing, and using that women, minority groups, and the Health Resources and Services credible data related to the frequency physically disabled are adequately Administration and severity of adverse reactions represented on advisory committees; associated with childhood vaccines; and therefore, extends particular Advisory Commission of Childhood consulting on the development or encouragement to nominations for Vaccines; Request for Nominations for revision of the Vaccine Information appropriately qualified female, Voting Members Statements and recommending to the minority, or disabled candidates. AGENCY: Health Resources and Services Director of the National Vaccine Dated: May 15, 2009. Program that vaccine safety research be Administration, HHS. Alexandra Huttinger, conducted on various vaccine injuries. ACTION: Notice. The ACCV consists of nine voting Director, Division of Policy Review and Coordination. SUMMARY: The Health Resources and members appointed by the Secretary as follows: (1) Three health professionals, [FR Doc. E9–11928 Filed 5–20–09; 8:45 am] Services Administration (HRSA) is BILLING CODE 4165–15–P requesting nominations to fill three who are not employees of the United vacancies on the Advisory Commission States Government and have expertise on Childhood Vaccines (ACCV). The in the health care of children, and the epidemiology, etiology, and prevention DEPARTMENT OF HEALTH AND ACCV was established by Title XXI of of childhood diseases, and the adverse HUMAN SERVICES the Public Health Service Act (the Act), reactions associated with vaccines, at as enacted by Public Law (Pub. L.) 99– Administration for Children and least two shall be pediatricians; (2) three 660 and as subsequently amended, and Families members from the general public, at advises the Secretary of Health and least two shall be legal representatives Human Services (the Secretary) on Family Youth and Services Bureau (parents or guardians) of children who issues related to implementation of the have suffered a vaccine-related injury or AGENCY: Family Youth And Services National Vaccine Injury Compensation death; and (3) three attorneys, at least Bureau, ACF, DHHS. Program (VICP). one shall be an attorney whose specialty ACTION: Notice to Award a Single-Source DATES: The agency must receive includes representation of persons who Replacement Grant. nominations on or before June 22, 2009. have suffered a vaccine-related injury or ADDRESSES: All nominations are to be death, and one shall be an attorney CFDA#: 93.616. submitted to the Director, Division of whose specialty includes representation Legislative Authority: Section 439 of Vaccine Injury Compensation, of vaccine manufacturers. In addition, the Social Security Act, as amended by Healthcare Systems Bureau (HSB), the Director of the National Institutes of the Child and Family Services HRSA, Parklawn Building, Room 11C– Health, the Assistant Secretary for Improvement Act of 2006 (Pub. L. 109– 26, 5600 Fishers Lane, Rockville, Health, the Director of the Centers for 288) Maryland 20857. Disease Control and Prevention, and the Amount of Award: $292,000. Commissioner of the Food and Drug Project Period: April 1, 2009– FOR FURTHER INFORMATION CONTACT: Ms. September 29, 2010. Michelle Herzog, Principal Staff Liaison, Administration (or the designees of such SUMMARY: The Family and Youth Policy Analysis Branch, Division of officials) serve as nonvoting ex officio Services Bureau (FYSB) awarded a Vaccine Injury Compensation, HSB, members. Mentoring Children of Prisoners grant HRSA at (301) 443–0650 or e-mail: Specifically, HRSA is requesting (Grant No. 90CV0343) to Prevent Child [email protected]. nominations for three voting members of the ACCV representing: (1) A health Abuse California of North Highlands, SUPPLEMENTARY INFORMATION: Under the professional, who has expertise in the CA on September 30, 2007. On October authorities that established the ACCV, health care of children; and the 31, 2008, Prevent Child Abuse the Federal Advisory Committee Act of epidemiology, etiology, and prevention California submitted a letter October 6, 1972 (Pub. L. 92–463) and of childhood diseases; (2) an attorney relinquishing their grant. Amador section 2119 of the Act, 42 U.S.C. whose specialty includes representation Tuolumne Community Action Agency 300aa–19, as added by Public Law 99– of a vaccine manufacturer; and (3) a of Jackson, CA, an eligible non-profit 660 and amended, HRSA is requesting member of the general public. Nominees organization, submitted their letter nominations for three voting members will be invited to serve a 3-year term along with their grant application of the ACCV. beginning January 1, 2010, and ending requesting approval as the replacement The ACCV advises the Secretary on December 31, 2012. grantee for the Mentoring Children of the implementation of the VICP. The Interested persons may nominate one Prisoners grant. FYSB has received and activities of the ACCV include: or more qualified persons for reviewed the application from Amador recommending changes in the Vaccine membership on the ACCV. Nominations Tuolumne Community Action Agency. Injury Table at its own initiative or as shall state that the nominee is willing to Upon finding that the proposed project the result of the filing of a petition; serve as a member of the ACCV and will be able to carry out objectives advising the Secretary in implementing appears to have no conflict of interest originally intended to be completed by section 2127 regarding the need for that would preclude the ACCV Prevent Child Abuse California, this childhood vaccination products that membership. Potential candidates will organization has been awarded funds in result in fewer or no significant adverse be asked to provide detailed information the amount of $292,000 as the reactions; surveying Federal, State, and concerning consultancies, research permanent successor grantee. local programs and activities related to grants, or contracts to permit evaluation Amador Tuolumne Community gathering information on injuries of possible sources of conflicts of Action Agency will continue through a associated with the administration of interest. A curriculum vitae or resume community-based approach to work childhood vaccines, including the should be submitted with the toward the goal of creating high-quality, adverse reaction reporting requirements nomination. one-to-one lasting mentoring

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relationships that provide young people, the Federal Food, Drug, and Cosmetic II. Comments who have an incarcerated parent with Act (the act) (21 U.S.C. 360, 360c, 360e, Persons who may be affected by this caring adult volunteers. and 360j). These activities include, but temporary deferment should contact Additional information about this are not limited to: FDA with any questions they may have program and its purpose can be located 1. Advising the Director, CDRH, and regarding CDRH’s move to the White on the following Web site: http:// other FDA officials on all medical Oak, Maryland. These persons should www.acf.hhs.gov/programs/fysb. device submissions, such as premarket call CDRH’s Division of Small Contact for Further Information: notification submissions under section Manufacturers, International, and Gloria Watkins, Family Youth and 510(k) of the act, device classifications Consumer Assistance at 800–638–2041 Services Bureau, 1250 Maryland Ave., under section 513 of the act, premarket (in Maryland, 240–276–3150). SW., Washington, DC 20047. Telephone: approval applications (PMA’s) and (202) 205–9546. E-mail: product development protocols (PDP’s) Dated: May 13, 2009. [email protected]. under section 515 of the act, and Daniel G. Schultz, Director, Center for Devices and Radiological Dated: May 12, 2009. clinical investigations under section 520 Health. Maiso L. Bryant, of the act; Acting Commissioner, Administration on 2. Determining substantial [FR Doc. E9–11840 Filed 5–20–09; 8:45 am] Children, Youth and Families. equivalence for premarket notification BILLING CODE 4160–01–S [FR Doc. E9–11816 Filed 5–20–09; 8:45 am] submissions; 3. Planning, conducting, and BILLING CODE P coordinating CDRH actions regarding DEPARTMENT OF HOMELAND PMA’s, PDP’s, and investigational SECURITY DEPARTMENT OF HEALTH AND device exemption approvals, denials, or HUMAN SERVICES withdrawals of approval; U.S. Customs and Border Protection 4. Monitoring sponsors’ compliance Food and Drug Administration with regulatory requirements; and Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger [Docket No. FDA–2009–N–0210] 5. Conducting a continuing review, surveillance, and medical evaluation of and Laboratory Temporary Deferment of Activities the labeling, clinical experience, and AGENCY: U.S. Customs and Border Relating to Medical Device required reports submitted by sponsors Protection, Department of Homeland Submissions holding approved applications. Security. In an effort to consolidate CDRH ACTION: Notice of accreditation and AGENCY: Food and Drug Administration, offices, FDA is moving various CDRH approval of Intertek USA, Inc., as a HHS. offices from their present Rockville, commercial gauger and laboratory. ACTION: Notice. Maryland locations to Building 66 at 10903 New Hampshire Avenue in Silver SUMMARY: Notice is hereby given that, SUMMARY: The Food and Drug Spring, Maryland. Offices will pursuant to 19 CFR 151.12 and 19 CFR Administration (FDA) is announcing progressively move, during weekends, 151.13, Intertek USA, Inc., 101 20th that the Center for Devices and during this period. Specifically, moves Street South, Texas City, TX 77590, has Radiological Health (CDRH) will be will occur on Friday, Saturday, and been approved to gauge and accredited moving from various Rockville, Sunday except on holiday weekends. to test petroleum and petroleum Maryland locations to Building 66 at During the period required for products, organic chemicals and 10903 New Hampshire Avenue in Silver relocation of files, equipment, and vegetable oils for customs purposes, in Spring, Maryland from approximately agency personnel, the agency, accordance with the provisions of 19 mid May 2009 until the beginning of specifically the Center for Devices and CFR 151.12 and 19 CFR 151.13. Anyone August 2009. Offices will progressively Radiological Health, will not officially wishing to employ this entity to conduct move over weekends during this period. receive submissions on the Friday of a laboratory analyses and gauger services Specifically, moves will occur on move weekend and the Monday after a should request and receive written Friday, Saturday, and Sunday except on move weekend. Although mail will be assurances from the entity that it is holiday weekends. During the period delivered to a CDRH address during the accredited or approved by the U.S. required for relocation of files, move, CDRH will not be able to receive Customs and Border Protection to equipment, and agency personnel, the it on Fridays and Mondays, and will conduct the specific test or gauger Center for Devices and Radiological have limited capacity on Tuesday. service requested. Alternatively, Health will not officially receive Accordingly, mail delivered on Friday inquires regarding the specific test or premarket submissions on the Friday of or Monday will be logged in on a gauger service this entity is accredited a move weekend and the Monday after staggered basis to preserve equity in the or approved to perform may be directed a move weekend. order of receipt and manageability of the to the U.S. Customs and Border FOR FURTHER INFORMATION CONTACT: accumulated workload. Specifically, Protection by calling (202) 344–1060. Marjorie Shulman, Center for Devices mail delivered on Friday or Monday The inquiry may also be sent to and Radiological Health (HFZ–404), will be received on Tuesday and mail [email protected]. Please reference the Food and Drug Administration, 9200 delivered on Tuesday will be received Web site listed below for a complete Corporate Blvd., Rockville, MD 20850, by Wednesday. Mail delivered on listing of CBP approved gaugers and 240–276–4186 or Wednesdays and Thursdays will remain accredited laboratories.http://cbp.gov/ [email protected]. unaffected. xp/cgov/import/operations_support/ _ _ SUPPLEMENTARY INFORMATION: The new mailing address for labs scientific svcs/ submissions and updated telephone commercial_gaugers/. I. Background contact information may be found by DATES: The accreditation and approval CDRH is responsible for activities accessing www.fda.gov/cdrh/ of Intertek USA, Inc., as commercial under sections 510, 513, 515, and 520 of whiteoakmove. gauger and laboratory became effective

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on February 18, 2009. The next triennial collection of information is necessary DEPARTMENT OF HOMELAND inspection date will be scheduled for for the proper performance of the SECURITY February 2012. functions of the agency, including FOR FURTHER INFORMATION CONTACT: whether the information shall have U.S. Citizenship and Immigration Anthony Malana, Laboratories and practical utility; (b) the accuracy of the Services Scientific Services, U.S. Customs and agency’s estimates of the burden of the Agency Information Collection Border Protection, 1300 Pennsylvania collection of information; (c) ways to Activities: Form I–643, Extension of an Avenue, NW., Suite 1500N, enhance the quality, utility, and clarity Existing Information Collection; Washington, DC 20229, 202–344–1060. of the information to be collected; (d) Comment Request Dated: May 15, 2009. ways to minimize the burden including Ira S. Reese, the use of automated collection ACTION: 60-Day Notice of Information Executive Director, Laboratories and techniques or the use of other forms of Collection Under Review: Form I–643, Scientific Services. information technology; and (e) Health and Human Services Statistical [FR Doc. E9–11932 Filed 5–20–09; 8:45 am] estimates of capital or start-up costs and Data for Refugee/Asylee Adjusting Status; OMB Control No. 1615–0070. BILLING CODE 9111–14–P costs of operations, maintenance, and purchase of services to provide The Department of Homeland information. The comments that are Security, U.S. Citizenship and DEPARTMENT OF HOMELAND submitted will be summarized and Immigration Services has submitted the SECURITY included in the request for Office of following information collection request Management and Budget (OMB) for review and clearance in accordance U.S. Customs and Border Protection approval. All comments will become a with the Paperwork Reduction Act of Information Collection Activities: matter of public record. In this 1995. The information collection is Deferral of Duty on Large Yachts document the CBP is soliciting published to obtain comments from the Imported for Sale comments concerning the following public and affected agencies. Comments information collection: are encouraged and will be accepted for AGENCY: U.S. Customs and Border sixty days until July 20, 2009. Title: Deferral of Duty on Large Yachts Protection (CBP), Department of During this 60-day period, USCIS will Homeland Security. Imported for Sale. be evaluating whether to revise the ACTION: 60-Day notice and request for OMB Number: 1651–0080. Form I–643. Should USCIS decide to comments; Extension of an existing Form Number: None. revise the Form I–634, we will advise information collection: 1651–0080. the public when we publish the 30-day Abstract: Section 2406(a) of the notice in the Federal Register in SUMMARY: As part of its continuing effort Miscellaneous Trade and Technical accordance with the Paperwork to reduce paperwork and respondent Corrections Act of 1999 provides that an Reduction Act. The public will then burden, CBP invites the general public otherwise dutiable ‘‘large yacht’’ may be have 30 days to comment on any and other Federal agencies to comment imported without the payment of duty revisions to the Form I–643. on an information collection if the yacht is imported with the Written comments and suggestions requirement concerning the Deferral of intention to offer for sale at a boat show regarding the item contained in this Duty on Large Yachts Imported for Sale. in the U.S. notice, and especially regarding the This request for comment is being made Current Actions: There are no changes estimated public burden and associated pursuant to the Paperwork Reduction to the information collection. This response time, should be directed to the Act of 1995 (Pub. L. 104–13; 44 U.S.C. submission is being made to extend the Department of Homeland Security (DHS), USCIS, Chief, Regulatory 3505(c)(2)). expiration date. DATES: Written comments should be Products Division, Clearance Office, 111 received on or before July 20, 2009, to Type of Review: Extension (without Massachusetts Avenue, NW., be assured of consideration. change). Washington, DC 20529–2210. Comments may also be submitted to ADDRESSES: Direct all written comments Affected Public: Business and non- to U.S. Customs and Border Protection, profit institutions. DHS via facsimile to 202–272–8352, or Attn: Tracey Denning, Office of via e-mail at [email protected]. When Estimated Number of Respondents: submitting comments by e-mail, please Regulations and Rulings, 799 9th Street, 100. NW., 7th Floor, Washington, DC 20229– add the OMB Control Number 1615– Estimated Time per Respondent: 1 1177. 0070 in the subject box. hour. Written comments and suggestions FOR FURTHER INFORMATION CONTACT: from the public and affected agencies Requests for additional information Estimated Total Annual Burden Hours: 100. concerning the collection of information should be directed to Tracey Denning, should address one or more of the U.S. Customs and Border Protection, Dated: May 14, 2009. following four points: Office of Regulations and Rulings, 799 Tracey Denning, (1) Evaluate whether the proposed 9th Street, NW., 7th Floor, Washington, Agency Clearance Officer, Customs and collection of information is necessary DC 20229–1177, at 202–325–0265. Border Protection. for the proper performance of the SUPPLEMENTARY INFORMATION: CBP [FR Doc. E9–11771 Filed 5–20–09; 8:45 am] functions of the agency, including invites the general public and other whether the information will have BILLING CODE 9111–14–P Federal agencies to comment on practical utility; proposed and/or continuing information (2) Evaluate the accuracy of the collections pursuant to the Paperwork agency’s estimate of the burden of the Reduction Act of 1995 (Pub. L. 104–13; proposed collection of information, 44 U.S.C. 3505(c)(2)). The comments including the validity of the should address: (a) Whether the methodology and assumptions used;

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(3) Enhance the quality, utility, and DEPARTMENT OF HOMELAND included in the request for Office of clarity of the information to be SECURITY Management and Budget (OMB) collected; and approval. All comments will become a (4) Minimize the burden of the U.S. Customs and Border Protection matter of public record. In this document the CBP is soliciting collection of information on those who Agency Information Collection are to respond, including through the comments concerning the following Activities: Declaration for Free Entry of information collection: use of appropriate automated, Returned American Products electronic, mechanical, or other Title: Declaration of Free Entry of technological collection techniques or AGENCY: U.S. Customs and Border Returned American Products. other forms of information technology, Protection (CBP), Department of OMB Number: 1651–0011. e.g., permitting electronic submission of Homeland Security. Form Number: Form–3311. responses. ACTION: 60-Day notice and request for Abstract: When free entry is claimed comments; Extension of an existing for a shipment of returned American Overview of This Information information collection: 1651–0011. products under the Harmonized Tariff Collection Schedules of the United States SUMMARY: (1) Type of Information Collection: As part of its continuing effort (HTSUS), Form–3311 is one of the Extension of an existing information to reduce paperwork and respondent supporting documents which burden, CBP invites the general public collection. substantiates the claim for duty free and other Federal agencies to comment status. (2) Title of the Form/Collection: on an information collection Current Actions: This submission is Health and Human Services Statistical requirement concerning the Declaration being made to extend the expiration Data for Refugee/Asylee Adjusting for Free Entry of Returned American date without a change to the burden Status. Products. This request for comment is hours. (3) Agency form number, if any, and being made pursuant to the Paperwork Type of Review: Extension (without the applicable component of the Reduction Act of 1995 (Pub. L. 104–13; change). Department of Homeland Security 44 U.S.C. 3505(c)(2)). Affected Public: Businesses. sponsoring the collection: Form I–643. DATES: Written comments should be Estimated Number of Respondents: U.S. Citizenship and Immigration received on or before July 20, 2009, to 12,000. Services. be assured of consideration. Estimated Number of Annual (4) Affected public who will be asked ADDRESSES: Direct all written comments Responses per Respondent: 35. or required to respond, as well as a brief to U.S. Customs and Border Protection, Estimated Number of Total abstract: Primary: Individuals or Attn: Tracey Denning, Office of Responses: 420,000. Households. Refugees and Asylees, Regulations and Rulings, 799 9th Street, Estimated Time per Respondent: 7 Cuban/Haitian Entrants under section NW., 7th Floor, Washington, DC 20229– minutes. 202 of Public Law 99–603, and 1177. Estimated Total Annual Burden Amerasians under Public Law 97–359, FOR FURTHER INFORMATION CONTACT: Hours: 51,000. must use this form when applying for Requests for additional information Dated: May 14, 2009. adjustment of status, with the U.S. should be directed to Tracey Denning, Tracey Denning, Citizenship and Immigration Services U.S. Customs and Border Protection, Agency Clearance Officer, Customs and (USCIS). USCIS will provide the data Office of Regulations and Rulings, 799 Border Protection. collected on this form to the Department 9th Street, NW., 7th Floor, Washington, [FR Doc. E9–11781 Filed 5–20–09; 8:45 am] of Health and Human Services (HHS). DC 20229–1177, at 202–325–0265. BILLING CODE 9111–14–P (5) An estimate of the total number of SUPPLEMENTARY INFORMATION: CBP respondents and the amount of time invites the general public and other estimated for an average respondent to Federal agencies to comment on DEPARTMENT OF HOMELAND respond: 195,000 responses at 55 proposed and/or continuing information SECURITY minutes (.916) per response. collections pursuant to the Paperwork (6) An estimate of the total public Reduction Act of 1995 (Pub. L. 104–13; U.S. Customs and Border Protection 44 U.S.C. 3505(c)(2)). The comments burden (in hours) associated with the Agency Information Collection should address: (a) Whether the collection: 178,620 annual burden Activities: Importer’s ID Input Record hours. collection of information is necessary If you need a copy of the information for the proper performance of the AGENCY: U.S. Customs and Border collection instrument, please visit: functions of the agency, including Protection (CBP), Department of http://www.regulations.gov/fdmspublic/ whether the information shall have Homeland Security. component/main. practical utility; (b) the accuracy of the ACTION: 60-Day Notice and request for agency’s estimates of the burden of the We may also be contacted at: USCIS, comments; Extension of an existing collection of information; (c) ways to Regulatory Products Division, 111 collection of information: 1651–0064. enhance the quality, utility, and clarity Massachusetts Avenue, NW., of the information to be collected; (d) SUMMARY: As part of its continuing effort Washington, DC 20529–2210, telephone ways to minimize the burden including to reduce paperwork and respondent number 202–272–8377. the use of automated collection burden, CBP invites the general public Dated: May 15, 2009. techniques or the use of other forms of and other Federal agencies to comment Stephen Tarragon, information technology; and (e) on an information collection Deputy Chief, Regulatory Products Division, estimates of capital or start-up costs and requirement concerning the Importer’s U.S. Citizenship and Immigration Services, costs of operations, maintenance, and ID Input Record. This request for Department of Homeland Security. purchase of services to provide comment is being made pursuant to the [FR Doc. E9–11832 Filed 5–20–09; 8:45 am] information. The comments that are Paperwork Reduction Act of 1995 (Pub. BILLING CODE 9111–97–P submitted will be summarized and L. 104–13; 44 U.S.C. 3505(c)(2)).

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DATES: Written comments should be Type of Review: Extension (without and Border Protection, Department of received on or before July 20, 2009, to change). Homeland Security, and sent via be assured of consideration. Affected Public: Businesses. electronic mail to ADDRESSES: Direct all written comments Estimated Number of Respondents: [email protected] or faxed to U.S. Customs and Border Protection, 500. to (202) 395–6974. Attn: Tracey Denning, Office of Estimated Number of Annual SUPPLEMENTARY INFORMATION: U.S. Regulations and Rulings, 799 9th Street, Responses per Respondent: 2. Customs and Border Protection (CBP) NW., 7th Floor, Washington, DC 20229– Estimated Number of Total Annual encourages the general public and 1177. Responses: 1,000. affected Federal agencies to submit FOR FURTHER INFORMATION CONTACT: Estimated Time per Response: 6 written comments and suggestions on Requests for additional information minutes. proposed and/or continuing information should be directed to Tracey Denning, Estimated Total Annual Burden collection requests pursuant to the U.S. Customs and Border Protection, Hours: 100. Paperwork Reduction Act (Pub. L. 104– Office of Regulations and Rulings, 799 Dated: May 14, 2009. 13). Your comments should address one 9th Street, NW., 7th Floor, Washington, Tracey Denning, of the following four points: DC 20229–1177, at 202–325–0265. Agency Clearance Officer, Customs and (1) Evaluate whether the proposed SUPPLEMENTARY INFORMATION: CBP Border Protection. collection of information is necessary invites the general public and other [FR Doc. E9–11779 Filed 5–20–09; 8:45 am] for the proper performance of the functions of the agency/component, Federal agencies to comment on BILLING CODE 9111–14–P proposed and/or continuing information including whether the information will collections pursuant to the Paperwork have practical utility; Reduction Act of 1995 (Pub. L. 104–13; DEPARTMENT OF HOMELAND (2) Evaluate the accuracy of the 44 U.S.C. 3505(c)(2)). The comments SECURITY agencies/components estimate of the should address: (a) Whether the burden of The proposed collection of collection of information is necessary U.S. Customs and Border Protection; information, including the validity of for the proper performance of the Agency Information Collection the methodology and assumptions used; (3) Enhance the quality, utility, and functions of the agency, including Activities: General Declaration clarity of the information to be whether the information shall have AGENCY: U.S. Customs and Border collected; and practical utility; (b) the accuracy of the Protection, Department of Homeland (4) Minimize the burden of the agency’s estimates of the burden of the Security. collections of information on those who collection of information; (c) ways to ACTION: 30-Day Notice and request for are to respond, including the use of enhance the quality, utility, and clarity comments; Extension of an existing appropriate automated, electronic, of the information to be collected; (d) information collection: 1651–0002. mechanical, or other technological ways to minimize the burden including collection techniques or other forms of the use of automated collection SUMMARY: U.S. Customs and Border information technology, e.g., permitting techniques or the use of other forms of Protection (CBP) of the Department of electronic submission of responses. information technology; and (e) the Homeland Security has submitted the Title: General Declaration. annual costs burden to respondents or following information collection request OMB Number: 1651–0002. record keepers from the collection of to the Office of Management and Budget Form Number: Form 7507. information (a total capital/startup costs (OMB) for review and approval in Abstract: CBP Form 7507 allows an and operations and maintenance costs). accordance with the Paperwork agent or pilot to make entry of an The comments that are submitted will Reduction Act: General Declaration. aircraft, as required by statute. This be summarized and included in the CBP This is a proposed extension of an form is used to document clearance of request for Office of Management and information collection that was the arriving aircraft at the required Budget (OMB) approval. All comments previously approved. CBP is proposing inspectional facilities, and inspections will become a matter of public record. that this information collection be by appropriate regulatory agency staffs. In this document CBP is soliciting extended with no change to the burden Current Actions: There are no changes comments concerning the following hours. This document is published to to the information collection. This information collection: obtain comments from the public and submission is being made to extend the Title: Importer’s ID Input Record. affected agencies. This proposed expiration date. OMB Number: 1651–0064. information collection was previously Type of Review: Extension (without Form Number: Form 5106. published in the Federal Register (74 change). Abstract: Form 5106 is filed with the FR 11125) on March 16, 2009, allowing Affected Public: Businesses or other first formal entry or the first request for for a 60-day comment period. This for-profit institutions. services that will result in the issuance notice allows for an additional 30 days Estimated Number of Respondents: of a bill or a refund check upon for public comments. This process is 500. adjustment of a cash collection. The conducted in accordance with 5 CFR Estimated Number of Total Annual number, name, and address conveyed 1320.10. Responses: 1,000,000. on the Form 5106 is the basis for Estimated Time per Response: 5 establishing bond coverage, release and DATES: Written comments should be minutes. entry of merchandise, liquidation, received on or before June 22, 2009. Estimated Total Annual Burden issuance of bills and refunds, and ADDRESSES: Interested persons are Hours: 83,333. processing of drawback and FP&F invited to submit written comments on If additional information is required actions. the proposed information collection to contact: Tracey Denning, U.S. Customs Current Actions: There are no changes the Office of Information and Regulatory and Border Protection, Office of to the information collection. This Affairs, Office of Management and Regulations and Rulings, 799 9th Street, submission is being made to extend the Budget. Comments should be addressed NW., 7th Floor, Washington, DC 20229– expiration date. to the OMB Desk Officer for Customs 1177, at 202–325–0265.

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Dated: May 14, 2009. proposed and/or continuing information DEPARTMENT OF HOMELAND Tracey Denning, collection requests pursuant to the SECURITY Agency Clearance Officer, Customs and Paperwork Reduction Act (Pub. L. 104– Border Protection. 13). Your comments should address one U.S. Customs and Border Protection [FR Doc. E9–11777 Filed 5–20–09; 8:45 am] of the following four points: Agency Information Collection BILLING CODE 9111–14–P (1) Evaluate whether the proposed Activities: Importers of Merchandise collection of information is necessary Subject to Actual Use Provisions for the proper performance of the DEPARTMENT OF HOMELAND AGENCY: U.S. Customs and Border functions of the agency/component, SECURITY Protection, Department of Homeland including whether the information will Security U.S. Customs and Border Protection have practical utility; ACTION: 30-Day Notice and request for Agency Information Collection (2) Evaluate the accuracy of the comments; Extension of an existing Activities: Application To Use the agencies/components estimate of the information collection: 1651–0032 Automated Commercial Environment burden of the proposed collection of SUMMARY: U.S. Customs and Border (ACE) information, including the validity of the methodology and assumptions used; Protection (CBP) of the Department of AGENCY: U.S. Customs and Border Homeland Security has submitted the (3) Enhance the quality, utility, and Protection, Department of Homeland following information collection request Security. clarity of the information to be to the Office of Management and Budget collected; and ACTION: 30-Day Notice and request for (OMB) for review and approval in comments; Extension of an existing (4) Minimize the burden of the accordance with the Paperwork information collection: 1651–0105. collections of information on those who Reduction Act: Importers of are to respond, including the use of Merchandise Subject to Actual Use SUMMARY: U.S. Customs and Border appropriate automated, electronic, Provisions. This is a proposed extension Protection (CBP) of the Department of mechanical, or other technological of an information collection that was Homeland Security has submitted the collection techniques or other forms of previously approved. CBP is proposing following information collection request information technology, e.g., permitting that this information collection be to the Office of Management and Budget electronic submission of responses. extended with no change to the burden (OMB) for review and approval in hours. This document is published to accordance with the Paperwork Title: Application to Use ACE. obtain comments from the public and Reduction Act: Application to Use the OMB Number: 1651–0105. affected agencies. This proposed Automated Commercial Environment Form Number: None. information collection was previously (ACE). This is a proposed extension of published in the Federal Register (74 an information collection that was Abstract: CBP collects basic FR 5846) on February 2, 2009, allowing previously approved. CBP is proposing information from companies for a 60-day comment period. This that this information collection be participating in ACE pilots in order to notice allows for an additional 30 days extended with no change to the burden establish account structures for each for public comments. This process is hours. This document is published to company. conducted in accordance with 5 CFR obtain comments from the public and Current Actions: This submission is 1320.10. affected agencies. This proposed being made to extend the expiration DATES: Written comments should be information collection was previously date. received on or before June 22, 2009. published in the Federal Register (74 ADDRESSES: Interested persons are FR 11126) on March 16, 2009, allowing Type of Review: Extension (without invited to submit written comments on for a 60-day comment period. This change). the proposed information collection to notice allows for an additional 30 days Affected Public: Businesses. the Office of Information and Regulatory for public comments. This process is Estimated Number of Respondents: Affairs, Office of Management and conducted in accordance with 5 CFR 21,000. Budget. Comments should be addressed 1320.10. Estimated Time per Response: 20 to the OMB Desk Officer for Customs DATES: Written comments should be minutes. and Border Protection, Department of received on or before June 22, 2009. Homeland Security, and sent via ADDRESSES: Interested persons are Estimated Total Annual Burden electronic mail to invited to submit written comments on Hours: 6,930. [email protected] or faxed the proposed information collection to If additional information is required to (202) 395–6974. the Office of Information and Regulatory contact: Tracey Denning, U.S. Customs SUPPLEMENTARY INFORMATION: U.S. Affairs, Office of Management and and Border Protection, Office of Customs and Border Protection (CBP) Budget. Comments should be addressed Regulations and Rulings, 799 9th Street, encourages the general public and to the OMB Desk Officer for Customs NW., 7th Floor, Washington, DC 20229– affected Federal agencies to submit and Border Protection, Department of 1177, at 202–325–0265. written comments and suggestions on Homeland Security, and sent via Dated: May 14, 2009. proposed and/or continuing information electronic mail to collection requests pursuant to the [email protected] or faxed Tracey Denning, Paperwork Reduction Act (Pub. L. 104– to (202) 395–6974. Agency Clearance Officer, Customs and 13). Your comments should address one SUPPLEMENTARY INFORMATION: U.S. Border Protection. of the following four points: Customs and Border Protection (CBP) [FR Doc. E9–11772 Filed 5–20–09; 8:45 am] (1) Evaluate whether the proposed encourages the general public and BILLING CODE 9111–14–P collection of information is necessary affected Federal agencies to submit for the proper performance of the written comments and suggestions on functions of the agency/component,

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including whether the information will DEPARTMENT OF THE INTERIOR Comments are invited on: (1) The have practical utility; need for the collection of information Bureau of Land Management (2) Evaluate the accuracy of the for the performance of the functions of agency’s/component’s estimate of the [LLWO35000.L14300000.ER0000.24–1A; the agency; (2) the accuracy of the burden of the proposed collection of OMB Control Number 1004–0029] agency’s burden estimates; (3) ways to information, including the validity of enhance the quality, utility and clarity Notice of Proposed Information the methodology and assumptions used; of the information collection; and (4) Collection for 1004–0029 ways to minimize the information (3) Enhance the quality, utility, and AGENCY: Bureau of Land Management, collection burden on respondents, such clarity of the information to be as use of automated means of collection collected; and Interior. ACTION: 60-Day notice and request for of the information. A summary of the (4) Minimize the burden of the comments. public comments will accompany collections of information on those who OSM’s submission of the information are to respond, including the use of SUMMARY: In compliance with the collection requests to OMB. appropriate automated, electronic, Paperwork Reduction Act of 1995, the Before including your address, phone mechanical, or other technological Bureau of Land Management (BLM) is number, e-mail address, or other collection techniques or other forms of announcing its intention to request personal identifying information in your approval to continue the collection of information technology, e.g., permitting comment, you should be aware that information from those persons who electronic submission of responses. your entire comment—including your submit a Color-of-Title Application to Title: Importers of Merchandise personal identifying information-may be apply for public lands under a color-of- Subject to Actual Use Provisions. title claim. This information collection made publicly available at any time. OMB Number: 1651–0032. activity was previously approved by the While you can ask us in your comment to withhold your personal identifying Form Number: None. Office of Management and Budget (OMB), and assigned clearance numbers information from public review, we Abstract: The Importers of 1004–0029. cannot guarantee that we will be able to Merchandise Subject to Actual Use DATES: Comments on the proposed do so. Provision is provided for in CBP information collection must be received The following information is provided regulation 19 CFR 10.137. It allows that by July 20, 2009, to be assured of for the information collection: (1) Title certain items may be admitted duty-free consideration. of the information collection; (2) OMB such as farming implements, seed, ADDRESSES: Comments may be mailed to control number; (3) summary of the potatoes, etc., providing the importer information collection activity; and (4) can prove these items were actually U.S. Department of the Interior, Bureau of Land Management, Mail Stop 401-LS, frequency of collection, description of used as contemplated by law. The the respondents, estimated total annual importer must maintain detailed records 1849 C St., NW., Washington, DC 20240. Comments may also be submitted responses, and the total annual including a statement of use. electronically to reporting and recordkeeping burden for Current Actions: This submission is [email protected]. Please attach the collection of information. being made to extend the expiration ‘‘Attn: 1004–0029’’ to either form of Title: 43 CFR part 2540—Color-of- date. comment. Title and Omitted Lands. Type of Review: Extension (without FOR FURTHER INFORMATION CONTACT: To OMB Control Number: 1004–0029. change). receive a copy of the information SUMMARY: The Color-of-Title Act (43 Affected Public: Businesses. collection request, contact Alzata L. Ransom, Lands and Realty Group, on U.S.C. 1068–1068b) provides for the Estimated Number of Respondents: 202–452–7772 (Commercial or FTS). transfer of legal title to public lands 12,000. Persons who use a telecommunication from the United States to eligible Estimated Time per Respondent: 65 device for the deaf (TDD) may call the individuals, groups, or corporations minutes. Federal Information Relay Service who have a valid color-of-title claim. The BLM needs to collect information in Estimated Total Annual Burden (FIRS) on 1–800–877–8330, 24 hours a order to determine whether a claimant Hours: 13,000. day, seven days a week, to contact Ms. Ransom. possesses valid evidence that would If additional information is required SUPPLEMENTARY INFORMATION: OMB support a transfer of title. Responses are contact: Tracey Denning, U.S. Customs regulations at 5 CFR 1320, which required to obtain a benefit. and Border Protection, Office of implementing provisions of the Frequency of Collection: Once. Regulations and Rulings, 799 9th Street, Paperwork Reduction (Act 44 U.S.C. Description of Respondents: NW., 7th Floor, Washington, DC 20229– 3501–3521), require that interested 1177, at 202–325–0265. Applicants who claim title to public members of the public and affected lands under the Color of Title Act. Dated: May 14, 2009. agencies have an opportunity to Total Annual Responses: 264. Tracey Denning, comment on information collection and recordkeeping activities (see 5 CFR Agency Clearance Officer, Customs and Total Annual Burden Hours for Border Protection. 1320.8 (d) and 1320.12(a)). This notice Applicants: 3,652. identifies an information collection that [FR Doc. E9–11775 Filed 5–20–09; 8:45 am] Dated: May 15, 2009. the BLM will be submitting to OMB for BILLING CODE 9111–14–P approval. This collection is contained in Jean Sonneman, 43 CFR part 2540, Color-of-Title and Acting Information Collection Clearance Omitted Lands. The BLM will request a Officer, Bureau of Land Management. 3-year term of approval for this [FR Doc. E9–11898 Filed 5–20–09; 8:45 am] information collection activity. BILLING CODE 4310–84–P

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DEPARTMENT OF THE INTERIOR The NPS prepared a Draft GMP/EIS additional information, please contact for Minuteman Missile National Historic Marcia K. Paull, Chief Financial Officer National Park Service Site and made it available for public at (202) 353–2820, Office of the Chief review for 60 days (February 29 through Financial Officer, Office of Justice Notice of Availability of the April 29, 2008), during which time the Programs, U.S. Department of Justice, Abbreviated Final General NPS distributed more than 200 copies of 810 7th Street, NW., Washington, DC Management Plan/Environmental the draft. In addition to the distribution, 20531. Written comments and Impact Statement for Minuteman the Draft GMP/EIS was also made suggestions from the public and affected Missile National Historic Site, SD available at the national historic site, on agencies concerning the proposed SUMMARY: Pursuant to Section 102(2)(C) the Internet, and at area libraries. In collection of information should address of the National Environmental Policy response, a total of 46 written comments one or more of the following four points: Act of 1969, 42 U.S.C. 4332(2)(C), the were received on the draft document, (1) Evaluate whether the proposed National Park Service (NPS) announces and 72 participants attended public collection of information is necessary the availability of the Abbreviated Final meetings. The consensus from the for the proper performance of the General Management Plan (GMP)/ public comment period was that the function of the agency, including Environmental Impact Statement (EIS) NPS is pursuing the correct path for the whether the information will have for Minuteman Missile National Historic national historic site in alternative 4, the practical utility; Site, South Dakota. preferred alternative. Comments from (2) Evaluate the accuracy of the DATES: The final GMP/EIS will remain individuals and public agencies did not agency’s estimate of the burden of the available for public review for 30 days require the NPS to add other proposed collection of information, following the publishing of the notice of alternatives, significantly alter existing including the validity of the availability in the Federal Register by alternatives, or make changes to the methodology and assumptions used; the U.S. Environmental Protection impact analysis of the effects of any (3) Enhance the quality, utility, and Agency. alternative. Because of the lack of clarity of the information to be substantive comments, the NPS is collected; and ADDRESSES: Requests for copies should issuing an abbreviated Final EIS/GMP. (4) Minimize the burden of the be sent to Superintendent Mark collection of information on those who Herberger, Minuteman Missile National FOR FURTHER INFORMATION CONTACT: Contact Superintendent Mark Herberger, are to respond, including through the Historic Site, 21280 South Dakota use of appropriate automated, Highway 240, Philip, South Dakota Minuteman Missile National Historic Site, at the address, telephone number, electronic, mechanical, or other 57567, by telephone at 605–433–5552, technological collection techniques or or by electronic mail to or e-mail address above. _ _ other forms of information technology, Mark E [email protected]. You may Dated: May 12, 2009. e.g., permitting electronic submission of also view the document via the Internet Alan M. Hutchings, responses. through the NPS Planning, Acting Regional Director, Midwest Region. Overview of this information: Environment, and Public Comment Web [FR Doc. E9–11891 Filed 5–20–09; 8:45 am] (1) Type of information collection: site (http://parkplanning.nps.gov); BILLING CODE P Revision of a currently approved simply click on the link to Minuteman collection. Missile National Historic Site. (2)The title of the form/collection: SUPPLEMENTARY INFORMATION: The NPS DEPARTMENT OF JUSTICE Budget Detail Worksheet. studied a no-action and three action (3) The agency form number, if any, management alternatives that vary in Office of Justice Programs and the applicable component of the how Delta One and Delta Nine might be Department sponsoring the collection: presented to visitors. The concept for [OMB Number 1121–0188] Non-applicable. alternative 4, the preferred alternative, (4) Affected public who will be asked Agency Information Collection commemorates the Cold War by or required to respond, as well as a brief Activities: Proposed Collection; presenting Delta One in its ready-alert abstract: Primary: All potential grantee Comment Request status and by presenting Delta Nine in partners who are possible recipients of its stand-down appearance. The plan ACTION: Emergency 60-day notice of our discretionary grant programs. The includes the preferred location for a information collection under review eligible recipients include state and 7,700 square-foot visitor/administrative (revision of a currently approved local governments, Indian tribes, profit facility to be placed north of exit 131 in collection)—budget detail worksheet. entities, non-profit entities, educational 2 stages. The first stage starts with institutions, and individuals. constructing a stand-alone visitor center The Department of Justice, Office of The form is not mandatory and is of 5,300 square feet. Its design will be Justice Programs, Office of the recommended as a guide to assist the such that the administrative portion of Comptroller, will be submitting the recipient in preparing the budget the second stage can be added at a later following information collection request narrative as authorized in 28 CFR parts date. A shuttle system will be developed for review and clearance in accordance 66 and 70. for operation after such a time as the with the Paperwork Reduction Act of (5) An estimate of the total number of level of visitation warrants. In lieu of a 1995. This proposed information respondents and the amount of time shuttle, visitors will drive to both Delta collection is published to obtain estimated for an average respondent to One and Delta Nine. Visitors benefit comments from the public and affected respond/reply: It is estimated that 2500 from this plan because of opportunities agencies. Comments are encouraged and respondents will complete a 4-hour to see and learn about the missile sites will be accepted for ‘‘sixty days’’ until form. as symbols that commemorate the Cold July 20, 2009. (6) An estimate of the total public War including guided tours, onsite If you have additional comments, burden (in hours) associated with the interpretive media, and interpretive suggestions, or need a copy of the collection: The total hour burden to programs at the envisioned visitor/ proposed information collection complete the forms is 10,000 annual administrative facility. instrument with instructions or burden hours.

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If additional information is required 22152. Comments may be directly sent establishment and maintenance of contact: Ms. Lynn Bryant, Department to DEA electronically by sending an reserve stocks. These quotas do not Clearance Officer, United States electronic message to include imports of controlled Department of Justice, Policy and [email protected]. substances for use in industrial Planning Staff, Justice Management Comments may also be sent processes. Division, Suite 1600, Patrick Henry electronically through http:// In determining the year 2010 Building, 1331 Pennsylvania, NW., www.regulations.gov using the aggregate production quotas, the Deputy Washington, DC 20530. electronic comment form provided on Administrator considered the following Dated: May 18, 2009. that site. An electronic copy of this factors: Total actual 2008 and estimated document is also available at the http:// Ms. Lynn Bryant, 2009 and 2010 net disposals of each www.regulations.gov Web site. DEA will substance by all manufacturers; Department Clearance Officer, PRA, United accept attachments to electronic States Department of Justice. estimates of 2009 year-end inventories comments in Microsoft Word, [FR Doc. E9–11924 Filed 5–20–09; 8:45 am] of each substance and of any substance WordPerfect, Adobe PDF, or Excel file manufactured from it and trends in BILLING CODE 4410–18–P formats only. DEA will not accept any accumulation of such inventories; file format other than those specifically product development requirements of listed here. DEPARTMENT OF JUSTICE both bulk and finished dosage form FOR FURTHER INFORMATION CONTACT: manufacturers; projected demand as Drug Enforcement Administration Christine A. Sannerud, Ph.D., Chief, indicated by procurement quota Drug and Chemical Evaluation Section, applications filed pursuant to 21 CFR [Docket No. DEA–318P] 8701 Morrissette Drive, Springfield, Section 1303.12; and other pertinent Controlled Substances: Proposed Virginia 22152, Telephone: (202) 307– information. Aggregate Production Quotas for 2010 7183. Pursuant to 21 CFR Section 1303, the SUPPLEMENTARY INFORMATION: Section Deputy Administrator of the DEA will AGENCY: Drug Enforcement 306 of the CSA (21 U.S.C. 826) requires adjust the 2010 aggregate production Administration (DEA), Justice. that the Attorney General establish quotas and individual manufacturing ACTION: Notice of proposed year 2010 aggregate production quotas for each quotas allocated for the year based upon aggregate production quotas. basic class of controlled substance listed 2009 year-end inventory and actual in schedules I and II. This responsibility 2009 disposition data supplied by quota SUMMARY: This notice proposes initial has been delegated to the Administrator recipients for each basic class of year 2010 aggregate production quotas of the DEA by 28 CFR Section 0.100. schedule I or II controlled substance. for controlled substances in schedules I The Administrator, in turn, has Therefore, under the authority vested and II of the Controlled Substances Act redelegated this function to the Deputy in the Attorney General by § 306 of the (CSA). Administrator, pursuant to 28 CFR CSA of 1970 (21 U.S.C. 826), and DATES: Comments or objections must be Section 0.104. delegated to the Administrator of the received on or before June 22, 2009. The proposed year 2010 aggregate DEA by 28 CFR Section 0.100, and ADDRESSES: To ensure proper handling production quotas represent those redelegated to the Deputy Administrator of comments, please reference ‘‘Docket quantities of controlled substances that pursuant to 28 CFR Section 0.104, the No. DEA–318P’’ on all written and may be produced in the United States in Deputy Administrator hereby proposes electronic correspondence. Written 2010 to provide adequate supplies of that the year 2010 aggregate production comments should be sent to the DEA each substance for: The estimated quotas for the following controlled Headquarters, Attn: DEA Federal medical, scientific, research, and substances, expressed in grams of Register Representative/ODL, 8701 industrial needs of the United States; anhydrous acid or base, be established Morrissette Drive, Springfield, Virginia lawful export requirements; and the as follows:

Established 2010 Basic class—schedule I quotas

2,5-Dimethoxyamphetamine ...... 2 g 2,5-Dimethoxy-4-ethylamphetamine (DOET) ...... 2 g 3-Methylfentanyl ...... 2 g 3-Methylthiofentanyl ...... 2 g 3,4-Methylenedioxyamphetamine (MDA) ...... 25 g 3,4-Methylenedioxy-N-ethylamphetamine (MDEA) ...... 10 g 3,4-Methylenedioxymethamphetamine (MDMA) ...... 20 g 3,4,5-Trimethoxyamphetamine ...... 2 g 4-Bromo-2,5-dimethoxyamphetamine (DOB) ...... 2 g 4-Bromo-2,5-dimethoxyphenethylamine (2-CB) ...... 2 g 4-Methoxyamphetamine ...... 27 g 4-Methylaminorex ...... 2 g 4-Methyl-2,5-dimethoxyamphetamine (DOM) ...... 2 g 5-Methoxy-3,4-methylenedioxyamphetamine ...... 2 g 5-Methoxy-N,N-diisopropyltryptamine ...... 5 g Acetyl-alpha-methylfentanyl ...... 2 g Acetyldihydrocodeine ...... 2 g Acetylmethadol ...... 2 g Allylprodine ...... 2 g Alphacetylmethadol ...... 2 g Alpha-ethyltryptamine ...... 2 g Alphameprodine ...... 2 g Alphamethadol ...... 2 g

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Established 2010 Basic class—schedule I quotas

Alpha-methylfentanyl ...... 2 g Alpha-methylthiofentanyl ...... 2 g Aminorex ...... 2 g Benzylmorphine ...... 2 g Betacetylmethadol ...... 2 g Beta-hydroxy-3-methylfentanyl ...... 2 g Beta-hydroxyfentanyl ...... 2 g Betameprodine ...... 2 g Betamethadol ...... 2 g Betaprodine ...... 2 g Bufotenine ...... 3 g Cathinone ...... 3 g Codeine-N-oxide ...... 602 g Diethyltryptamine ...... 2 g Difenoxin ...... 3,000 g Dihydromorphine ...... 2,549,000 g Dimethyltryptamine ...... 3 g Gamma-hydroxybutyric acid ...... 24,200,000 g Heroin ...... 20 g Hydromorphinol ...... 2 g Hydroxypethidine ...... 2 g Ibogaine ...... 1 g Lysergic acid diethylamide (LSD) ...... 10 g Marihuana ...... 4,500,000 g Mescaline ...... 7g Methaqualone ...... 5 g Methcathinone ...... 4 g Methyldihydromorphine ...... 2 g Morphine-N-oxide ...... 605 g N-Benzylpiperazine ...... 2 g N,N-Dimethylamphetamine ...... 7 g N-Ethylamphetamine ...... 2 g N-Hydroxy-3,4-methylenedioxyamphetamine ...... 2 g Noracymethadol ...... 2 g Norlevorphanol ...... 52 g Normethadone ...... 2 g Normorphine ...... 16 g Para-fluorofentanyl ...... 2 g Phenomorphan ...... 2 g Pholcodine ...... 2 g Psilocybin ...... 7 g Psilocyn ...... 7 g Tetrahydrocannabinols ...... 312,500 g Thiofentanyl ...... 2 g Trimeperidine ...... 2 g

Established 2010 Basic class—schedule II quotas

1-Phenylcyclohexylamine ...... 2 g 1-piperdinocyclohexanecarbonitrile ...... 2 g Alfentanil 8, ...... 000 g Alphaprodine ...... 2 g Amobarbital ...... 3 g Amphetamine (for sale) ...... 17,000,000 g Amphetamine (for conversion) ...... 5,000,000 g Cocaine ...... 247,000 g Codeine (for sale) ...... 39,605,000 g Codeine (for conversion) ...... 65,000,000 g Dextropropoxyphene ...... 106,000,000 g Dihydrocodeine ...... 1,200,000 g Diphenoxylate ...... 947,000 g Ecgonine ...... 83,000 g Ethylmorphine ...... 2 g Fentanyl ...... 1,428,000 g Glutethimide ...... 2 g Hydrocodone (for sale) ...... 55,000,000 g Hydromorphone ...... 3,300,000 g Isomethadone ...... 2 g Levo-alphacetylmethadol (LAAM) ...... 3 g Levomethorphan ...... 5 g Levorphanol ...... 10,000 g Lisdexamfetamine ...... 6,200,000 g

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Established 2010 Basic class—schedule II quotas

Meperidine ...... 8,600,000 g Meperidine Intermediate-A ...... 3 g Meperidine Intermediate-B ...... 7 g Meperidine Intermediate-C ...... 3 g Metazocine ...... 1 g Methadone (for sale) ...... 25,000,000 g Methadone Intermediate ...... 26,000,000 g Methamphetamine ...... 3,130,000 g [680,000 grams of levo-desoxyephedrine for use in a non-controlled, non-prescription product; 2,405,000 grams for methamphetamine mostly for conversion to a schedule III product; and 45,000 grams for methamphetamine (for sale)] Methylphenidate ...... 50,000,000 g Morphine (for sale) ...... 35,000,000 g Morphine (for conversion) ...... 100,000,000 g Nabilone ...... 9,002 g Noroxymorphone (for sale) ...... 10,000 g Noroxymorphone (for conversion) ...... 9,000,000 g Opium (powder) ...... 230,000 g Opium (tincture) ...... 1,050,000 g Oripavine ...... 15,000,000 g Oxycodone (for sale) ...... 77,560,000 g Oxycodone (for conversion) ...... 3,400,000 g Oxymorphone (for sale) ...... 2,000,000 g Oxymorphone (for conversion) ...... 12,000,000 g Pentobarbital ...... 28,000,000 g Phenazocine ...... 1 g Phencyclidine ...... 20 g Phenmetrazine ...... 2 g Phenylacetone ...... 1 g Racemethorphan ...... 2 g Remifentanil ...... 500 g Secobarbital ...... 67,000 g Sufentanil ...... 10,300 g Tapentadol ...... 519,000 g Thebaine ...... 126,000,000 g

The Deputy Administrator further centralized review under Executive that this action does not require a proposes that aggregate production Order 12866. regulatory flexibility analysis. quotas for all other schedules I and II This action does not preempt or This action meets the applicable controlled substances included in 21 modify any provision of State law; nor standards set forth in Sections 3(a) and CFR Sections 1308.11 and 1308.12 be does it impose enforcement 3(b)(2) of Executive Order 12988 Civil established at zero. responsibilities on any State; nor does it Justice Reform. All interested persons are invited to diminish the power of any State to submit their comments in writing or enforce its own laws. Accordingly, this This action will not result in the electronically regarding this proposal action does not have federalism expenditure by State, local, and tribal following the procedures in the implications warranting the application governments, in the aggregate, or by the ‘‘ADDRESSES’’ section of this document. of Executive Order 13132. private sector, of $120,000,000 or more in any one year, and will not A person may object to or comment on The Deputy Administrator hereby significantly or uniquely affect small the proposal relating to any of the certifies that this action will have no above-mentioned substances without significant impact upon small entities governments. Therefore, no actions were filing comments or objections regarding whose interests must be considered deemed necessary under the provisions the others. If a person believes that one under the Regulatory Flexibility Act, 5 of the Unfunded Mandates Reform Act or more of these issues warrant a U.S.C. 601 et seq. The establishment of of 1995. hearing, the individual should so state aggregate production quotas for This action is not a major rule as and summarize the reasons for this schedules I and II controlled substances defined by Section 804 of the Small belief. is mandated by law and by international Business Regulatory Enforcement In the event that comments or treaty obligations. The quotas are Fairness Act of 1996. This action will objections to this proposal raise one or necessary to provide for the estimated not result in an annual effect on the more issues which the Deputy medical, scientific, research and economy of $100,000,000 or more; a Administrator finds warrant a hearing, industrial needs of the United States for major increase in costs or prices; or the Deputy Administrator shall order a export requirements and the significant adverse effects on public hearing by notice in the Federal establishment and maintenance of competition, employment, investment, Register, summarizing the issues to be reserve stocks. While aggregate productivity, innovation, or on the heard and setting the time for the production quotas are of primary hearing. ability of United States-based importance to large manufacturers, their companies to compete with foreign- The Office of Management and Budget impact upon small entities is neither based companies in domestic and has determined that notices of aggregate negative nor beneficial. Accordingly, the export markets. production quotas are not subject to Deputy Administrator has determined

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Dated: May 15, 2009. VXI Technology has changed its name On April 7, 2000, IMS Global Michele M. Leonhart, to VTI Instruments, Irvine, CA. Learning Consortium, Inc. filed its Deputy Administrator. No other changes have been made in original notification pursuant to Section [FR Doc. E9–11929 Filed 5–20–09; 8:45 am] either the membership or planned 6(a) of the Act. The Department of BILLING CODE 4410–09–P activity of the group research project. Justice published a notice in the Federal Membership in this group research Register pursuant to Section 6(b) of the project remains open, and Act on September 13, 2000 (65 FR DEPARTMENT OF JUSTICE Interchangeable Virtual Instruments 55283) Foundation, Inc. intends to file The last notification was filed with United States Parole Commission additional written notifications the Department on February 12, 2009. A disclosing all changes in membership. notice was published in the Federal Public Announcement Pursuant to the On May 29, 2001, Interchangeable Register pursuant to Section 6(b) of the Government in the Sunshine Act (Pub. Virtual Instruments Foundation, Inc. Act on March 13, 2009 (74 FR 10967) L. 94–409) [5 U.S.C. Section 552b] filed its original notification pursuant to Section 6(a) of the Act. The Department Patricia A. Brink, AGENCY HOLDING MEETING: Department of of Justice published a notice in the Deputy Director of Operations, Antitrust Justice, United States Parole Federal Register pursuant to Section Division. Commission. 6(b) of the Act on July 30, 2001 (66 FR [FR Doc. E9–11824 Filed 5–20–09; 8:45 am] DATE AND TIME: 10 a.m., Thursday, May 39336). BILLING CODE 4410–11–M 21, 2009. The last notification was filed with PLACE: U.S. Parole Commission, 5550 the Department on January 21, 2009. A Friendship Boulevard, 4th Floor, Chevy notice was published in the Federal DEPARTMENT OF JUSTICE Chase, Maryland 20815. Register pursuant to Section 6(b) of the Antitrust Division STATUS: Closed. Act on February 26, 2009 (74 FR 8811). MATTERS CONSIDERED: The following Patricia A. Brink, Notice Pursuant to the National matter will be considered during the Deputy Director of Operations, Antitrust Cooperative Research and Production closed meeting: Approval or Division. Act of 1993—Open DeviceNet Vendor disapproval of a hearing examiner [FR Doc. E9–11823 Filed 5–20–09; 8:45 am] Association, Inc. appointment. BILLING CODE 4410–11–M Notice is hereby given that, on April AGENCY CONTACT: Thomas W. 10, 2009, pursuant to Section 6(a) of the Hutchison, Chief of Staff, United States National Cooperative Research and Parole Commission, (301) 492–5990. DEPARTMENT OF JUSTICE Production Act of 1993, 15 U.S.C. 4301 Dated: May 14, 2009. Antitrust Division et seq. (‘‘the Act’’), Open DeviceNet Rockne Chickinell, Vendor Association, Inc. (‘‘ODVA’’) has General Counsel, U.S. Parole Commission. Notice Pursuant to the National filed written notifications [FR Doc. E9–11699 Filed 5–20–09; 8:45 am] Cooperative Research and Production simultaneously with the Attorney Act of 1993—IMS Global Learning BILLING CODE 4410–31–M General and the Federal Trade Consortium, Inc. Commission disclosing changes in its Notice is hereby given that, on April membership. The notifications were DEPARTMENT OF JUSTICE 16, 2009, pursuant to Section 6(a) of the filed for the purpose of extending the National Cooperative Research and Act’s provisions limiting the recovery of Antitrust Division Production Act of 1993, 15 U.S.C. 4301 antitrust plaintiffs to actual damages et seq. (‘‘the Act’’), IMS Global Learning under specified circumstances. Notice Pursuant to the National Specifically, Microscan Systems, Inc., Cooperative Research and Production Consortium, Inc. has filed written notifications simultaneously with the Renton, WA; B & PLUS, Saitama, Act of 1993—Interchangeable Virtual JAPAN; Plasmart, Inc. Daejeon, Daejeon, Instruments Foundation, Inc. Attorney General and the Federal Trade Commission disclosing changes in its REPUBLIC OF KOREA; TOKYO TRON Notice is hereby given that, on April membership. The notifications were CO., LTD., Tokyo-to, JAPAN; THK CO., 10, 2009, pursuant to Section 6(a) of the filed for the purpose of extending the LTD., Ota-ku, Tokyo, JAPAN; Alpha National Cooperative Research and Act’s provisions limiting the recovery of Wire Company, Elizabeth, NJ; and Delta Production Act of 1993, 15 U.S.C. 4301 antitrust plaintiffs to actual damages Electronics, Inc., Taipei, TAIWAN have et seq. (‘‘the Act’’), Interchangeable under specified circumstances. been added as parties to this venture. Virtual Instruments Foundation, Inc. Specifically, CourseSmart, Belmont, CA; Also, RivaTek, Inc., Minneapolis, MN; has filed written notifications and American Public University Micro Motion, Inc. (Emerson Electric), simultaneously with the Attorney System, Charles Town, WV have been Boulder, CO; SEC (Samsung Electronics General and the Federal Trade added as parties to this venture. Also, Co., Ltd.), Kyungki-do, REPUBLIC OF Commission disclosing changes in its CREDTJ Co., Ltd., Chung-Gu, Seoul, KOREA; and Amphenol Alden membership. The notifications were REPUBLIC OF KOREA has withdrawn Products, Brockton, MA have filed for the purpose of extending the as a party to this venture. withdrawn as parties to this venture. Act’s provisions limiting the recovery of No other changes have been made in No other changes have been made in antitrust plaintiffs to actual damages either the membership or planned either the membership or planned under specified circumstances. activity of the group research project. activity of the group research project. Specifically, Konrad GmbH, Radolfzell, Membership in this group research Membership in this group research GERMANY has been added as a party to project remains open, and IMS Global project remains open, and ODVA this venture. Also, Vektrex Electronic Learning Consortium, Inc. intends to file intends to file additional written Systems, San Diego, CA has withdrawn additional written notifications notifications disclosing all changes in as a party to this venture. In addition, disclosing all changes in membership. membership.

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On June 21, 1995, ODVA filed its Register pursuant to Section 6(b) of the including the validity of the original notification pursuant to Section Act on June 17, 2003 (68 FR 35913). methodology and assumptions used; 6(a) of the Act. The Department of The last notification was filed with • Enhance the quality, utility, and Justice published a notice in the Federal the Department on January 21, 2009. A clarity of the information to be Register pursuant to Section 6(b) of the notice was published in the Federal collected; and Act on February 15, 1996 (61 FR 6039). Register pursuant to Section 6(b) of the • Minimize the burden of the The last notification was filed with Act on February 26, 2009 (74 FR 8812). collection of information on those who are to respond, including through the the Department on December 3, 2008. A Patricia A. Brink, notice was published in the Federal use of appropriate automated, Deputy Director of Operations, Antitrust electronic, mechanical, or other Register pursuant to Section 6(b) of the Division. Act on December 31, 2008 (73 FR technological collection techniques or [FR Doc. E9–11825 Filed 5–20–09; 8:45 am] 80430). other forms of information technology, BILLING CODE 4410–11–M e.g., permitting electronic submission of Patricia A. Brink, responses. Deputy Director of Operations, Antitrust Agency: Bureau of Labor Statistics. Division. DEPARTMENT OF LABOR Type of Review: Revision of a [FR Doc. E9–11826 Filed 5–20–09; 8:45 am] currently approved collection. BILLING CODE 4410–11–M Office of the Secretary Title of Collection: National Longitudinal Survey of Youth 1997. Submission for OMB Review: OMB Control Number: 1220–0157. DEPARTMENT OF JUSTICE Comment Request Affected Public: Individuals or households. Antitrust Division May 14, 2009. Total Estimated Number of The Department of Labor (DOL) Respondents: 7,620. Notice Pursuant to the National hereby announces the submission of the Total Estimated Annual Burden Cooperative Research and Production following public information collection Hours: 8,314. Act of 1993—Semiconductor Test request (ICR) to the Office of Total Estimated Annual Costs Burden: Consortium, Inc. Management and Budget (OMB) for $0. review and approval in accordance with Description: The information obtained Notice is hereby given that, on April the Paperwork Reduction Act of 1995 in this survey will be used by the 10, 2009, pursuant to Section 6(a) of the (Pub. L. 104–13, 44 U.S.C. chapter 35). Department of Labor, other government National Cooperative Research and A copy of this ICR, with applicable agencies, academic researchers, the Production Act of 1993, 15 U.S.C. 4301 supporting documentation; including news media, and the general public to et seq. (‘‘the Act’’), Semiconductor Test among other things a description of the understand the employment Consortium, Inc. has filed written likely respondents, proposed frequency experiences and school-to-work notifications simultaneously with the of response, and estimated total burden transitions of men and women born in Attorney General and the Federal Trade may be obtained from the RegInfo.gov the years 1980 to 1984. For additional Commission disclosing changes in its Web site at http://www.reginfo.gov/ information, see related notice membership. The notifications were public/do/PRAMain or by contacting published at Vol. 74 Fed. Reg. 8813 on filed for the purpose of extending the Darrin King on 202–693–4129 (this is February 26, 2009. Act’s provisions limiting the recovery of not a toll-free number)/e-mail: antitrust plaintiffs to actual damages [email protected]. Darrin A. King, under specified circumstances. Interested parties are encouraged to Departmental Clearance Officer. Specifically, Advanced Inquiry Systems, send comments to the Office of [FR Doc. E9–11841 Filed 5–20–09; 8:45 am] Inc., Hillsboro, OR; Rasco GmbH, Information and Regulatory Affairs, BILLING CODE 4510–24–P Kolbermoor, GERMANY; Geotest- Attn: OMB Desk Officer for the Marvin Test Systems, Irvine, CA; Department of Labor—Bureau of Labor Aeroflex Test Solutions, Stevenage Statistics (BLS), Office of Management DEPARTMENT OF LABOR Hertfordshire, UNITED KINGDOM; and and Budget, Room 10235, Washington, Tom Jackson (individual member), DC 20503, Telephone: 202–395–7316/ Proposed Information Collection Merrimack, NH have been dropped as Fax: 202–395–6974 (these are not toll- Request on the ETA 5159, Claims and parties to this venture. Also, Matsushita free numbers), E-mail: Payment Activities; Comment Request Electric Works, Ltd. has changed its [email protected] within for Extension Without Change name to Panasonic Electric Works Co., 30 days from the date of this publication AGENCY: Employment and Training Ltd., Tsu Mie, JAPAN. in the Federal Register. In order to Administration No other changes have been made in ensure the appropriate consideration, ACTION: Notice. either the membership or planned comments should reference the OMB activity of the group research project. Control Number (see below). SUMMARY: The Department of Labor, as Membership in this group research The OMB is particularly interested in part of its continuing effort to reduce project remains open, and comments which: paperwork and respondent burden, Semiconductor Test Consortium, Inc. • Evaluate whether the proposed conducts a preclearance consultation intends to file additional written collection of information is necessary program to provide the general public notifications disclosing all changes in for the proper performance of the and Federal agencies with an membership. functions of the agency, including opportunity to comment on proposed On May 27, 2003, Semiconductor Test whether the information will have and/or continuing collection of Consortium, Inc. filed its original practical utility; information in accordance with the notification pursuant to Section 6(a) of • Evaluate the accuracy of the Paperwork Reduction Act of 1995 the Act. The Department of Justice agency’s estimate of the burden of the (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This published a notice in the Federal proposed collection of information, program helps to ensure that requested

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data can be provided in the desired Reduction Act of 1995 (44 U.S.C. by contacting the office listed below in format, reporting burden (time and 3506(c)(2)(A)) for continuing an existing the ADDRESSES section of this notice or financial resources) is minimized, collection of information previously by accessing: http://www.doleta.gov/ collection instruments are clearly approved and assigned OMB Control OMBCN/OMBControlNumber.cfm. understood, and the impact of collection No. 1205–0010. DATES: Written comments must be requirements on respondents can be Type of Review: Extension. submitted to the office listed in the properly assessed. Agency: Employment and Training addressee section below on or before A copy of the proposed information Administration July 20, 2009. collection request (ICR) can be obtained Title: Claims and Payment Activities. ADDRESSES: by contacting the office listed below in OMB Number: 1205–0010. Send comments to Scott the addressee section of this notice or by Agency Number: ETA 5159. Gibbons, U.S. Department of Labor, accessing: http://www.doleta.gov/ Affected Public: State Government. Employment and Training OMBCN/OMBControlNumber.cfm. Cite/Reference/Form/etc: ETA 5159. Administration, Office of Workforce Security, 200 Constitution Avenue, DATES: Total Respondents: 53. Written comments must be NW., Frances Perkins Bldg. Room S– submitted to the office listed in the Frequency: Monthly. Total Responses: 636. 4531, Washington, DC 20210, telephone addressee section below on or before Average Time per Response: 2 hours. number (202) 693–3008 (this is not a July 20, 2009. Estimated Total Burden Hours: 1,272 toll-free number) or by e-mail: ADDRESSES: Send comments to Scott hours per year. [email protected]. Gibbons, U.S. Department of Labor, Total Burden Cost (capital/startup): SUPPLEMENTARY INFORMATION: Employment and Training $0. I. Background: Section 2003(f) of the Administration, Office of Workforce Total Burden Cost (operating/ American Recovery and Reinvestment Security, 200 Constitution Avenue, maintaining): $0. Act of 2009 (ARRA) provides for NW., Frances Perkins Bldg., Room S– Comments submitted in response to Unemployment Insurance (UI) 4531, Washington, DC 20210, telephone this notice will be summarized and/or modernization incentive payments to be number (202)–693–3308 (this is not a included in the request for Office of made from the Unemployment Trust toll-free number) or by e-mail: Management and Budget approval of the Fund (UTF) to the states. The total [email protected]. information collection request; they will amount available for all states is $7 SUPPLEMENTARY INFORMATION: also become a matter of public record. billion dollars. To obtain its share, the I. Background: The ETA 5159 report Dated: March 11, 2009. state must make an application to the contains information on claims Cheryl Atkinson, Department of Labor demonstrating that activities including the number of initial Administrator, Office of Workforce Security. its UI law contains certain benefit claims, first payments, weeks claimed, eligibility provisions. The last date on weeks compensated, benefit payments [FR Doc. E9–11914 Filed 5–20–09; 8:45 am] which an incentive distribution may be and final payments. These data are used BILLING CODE 4510–FW–P made is September 30, 2011. When in budgetary and administrative applying for a share of the UI planning, program evaluation, actuarial DEPARTMENT OF LABOR modernization incentive payments, a and program research, and reports to state must document the provisions of Congress and the public. Proposed Information Collection its law that meet the requirements for II. Desired Focus of Comments: Request on Applications for UI obtaining an incentive payment. The Currently, the Employment and Modernization Incentive Payments; state is also required to describe how it Training Administration is soliciting Comment Request for Extension intends to use any incentive payment to comments concerning the proposed Without Change improve or strengthen its UI program. extension of the ETA 5159, Claims and Payment Activites report. Comments are AGENCY: Employment and Training II. Desired Focus of Comments: requested to: Administration, Labor. Currently, the Employment and Training Administration is soliciting • Evaluate whether the proposed ACTION: Notice. collection of information is necessary to comments concerning this data describe claims and payment activities, SUMMARY: The Department of Labor, as collection. Comments are requested including whether the information will part of its continuing effort to reduce that: • have practical utility; paperwork and respondent burden, Evaluate whether the proposed • Evaluate the accuracy of the conducts a preclearance consultation collection of information is necessary to agency’s estimate of the burden of the program to provide the general public evaluate proposals, including whether proposed collection of information, and Federal agencies with an the information will have practical including the validity of the opportunity to comment on proposed utility; • methodology and assumptions used; and/or continuing collection of Evaluate the accuracy of the • Enhance the quality, utility, and information in accordance with the agency’s estimate of the burden of the clarity of the information to be Paperwork Reduction Act of 1995 proposed collection of information, collected; and (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This including the validity of the • Minimize the burden of the program helps to ensure that requested methodology and assumptions used; collection of information on those who data can be provided in the desired • Address the quality, utility, and are to respond, including the use of format, reporting burden (time and clarity of the information to be appropriate automated, electronic, financial resources) is minimized, collected; and mechanical, or other technological collection instruments are clearly • Address the burden of the collection techniques or other forms of understood, and the impact of collection collection of information on those who information technology, e.g., permitting requirements on respondents can be are to respond, including the use of electronic submissions of responses. properly assessed. appropriate automated, electronic, III. Current Actions: This is a request A copy of the proposed information mechanical, or other technological for OMB approval under the Paperwork collection request (ICR) can be obtained collection techniques or other forms of

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information technology, e.g., permitting Interested parties are encouraged to information on the labor force status of electronic submissions of responses. send comments to the Office of veterans with a service-connected III. Current Actions: This is a request Information and Regulatory Affairs, disability, combat veterans, past or for OMB approval under the Paperwork Attn: OMB Desk Officer for the present National Guard and Reserve Reduction Act of 1995 (44 U.S.C. Department of Labor—Bureau of Labor members, and recently discharged 3506(c)(2)(A)) for continuing an existing Statistics (BLS), Office of Management veterans. Data are provided by period of collection of information previously and Budget, Room 10235, Washington, service and a range of demographic approved and assigned OMB Control DC 20503, Telephone: 202–395–7316/ characteristics. The supplement also No. 1205–0470. Fax: 202–395–6974 (these are not toll- provides information about veterans Type of Review: Extension without free numbers), E-mail: participation in various transition and change. [email protected] within employment training programs. Agency: Employment and Training 30 days from the date of this publication Respondents are veterans who are not Administration. in the Fderal Register. In order to currently on active duty or are members Title: Applications for Unemployment ensure the appropriate consideration, of a household where a veteran lives. Insurance Modernization Incentive comments should reference the OMB For additional information, see related Payments. Control Number (see below). notice published at Vol. 74 FR 9830 on OMB Number: 1205–0470. The OMB is particularly interested in Agency Number: N/A. March 6, 2009. Affected Public: State Government. comments which: • Evaluate whether the proposed Darrin A. King, Cite/Reference/Form/etc: N/A. Departmental Clearance Officer. Total Respondents: 53. collection of information is necessary Frequency: One time collection. for the proper performance of the [FR Doc. E9–11899 Filed 5–20–09; 8:45 am] Total Responses: 53. functions of the agency, including BILLING CODE 4510–24–P Average Time per Response: 8 hours. whether the information will have Estimated Total Burden Hours: 424 practical utility; hours. • Evaluate the accuracy of the DEPARTMENT OF LABOR Total Burden Cost (capital/startup): agency’s estimate of the burden of the $0. proposed collection of information, Comment Request for Information Total Burden Cost (operating/ including the validity of the Collection for Unemployment maintaining): $0. methodology and assumptions used; Compensation for Ex-Servicemembers Comments submitted in response to • Enhance the quality, utility, and (UCX) Handbook; Extension Without this notice will be summarized and/or clarity of the information to be Change included in the request for Office of collected; and AGENCY: • Employment and Training Management and Budget approval of the Minimize the burden of the Administration. information collection request; they will collection of information on those who ACTION: also become a matter of public record. are to respond, including through the Notice. Dated: Friday, May 15, 2009. use of appropriate automated, SUMMARY: The Department of Labor, as Cheryl Atkinson, electronic, mechanical, or other part of its continuing effort to reduce Administrator, Office of Workforce Security. technological collection techniques or paperwork and respondent burden, other forms of information technology, [FR Doc. E9–11892 Filed 5–20–09; 8:45 am] conducts a preclearance consultation e.g., permitting electronic submission of BILLING CODE 4510–FN–P program to provide the general public responses. and Federal agencies with an Agency: Bureau of Labor Statistics. opportunity to comment on proposed DEPARTMENT OF LABOR Type of Review: Reinstatement and/or continuing collections of without change of a previously information in accordance with the Office of the Secretary approved collection. Paperwork Reduction Act of 1995 Title of Collection: Veterans (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Supplement to the CPS. Submission for OMB Review: program helps to ensure that requested Comment Request OMB Control Number: 1220–0102. Affected Public: Individuals or data can be provided in the desired May 18, 2009. households. format, reporting burden (time and The Department of Labor (DOL) Total Estimated Number of financial resources) is minimized, hereby announces the submission of the Respondents: 12,000. collection instruments are clearly following public information collection Total Estimated Annual Burden understood, and the impact of collection request (ICR) to the Office of Hours: 400. requirements on respondents can be Management and Budget (OMB) for Total Estimated Annual Costs Burden: properly assessed. Currently, the review and approval in accordance with $0. Employment and Training the Paperwork Reduction Act of 1995 Description: The Veterans Administration is soliciting comments (Pub. L. 104–13, 44 U.S.C. chapter 35). Supplement to the Current Population concerning the extension of the A copy of this ICR, with applicable Survey (CPS) is conducted biennially Unemployment Compensation for Ex- supporting documentation; including and the next scheduled date is August Servicemembers (UCX) Handbook, among other things a description of the 2009. This supplement is co-sponsored Number 384. likely respondents, proposed frequency by the U.S. Department of Veterans A copy of the proposed information of response, and estimated total burden Affairs (VA) and by the U.S. Department collection request (ICR) can be obtained may be obtained from the RegInfo.gov of Labor’s Veterans Employment and by contacting the office listed below in Web site at http://www.reginfo.gov/ Training Service (VETS). Data collected the addressee section of this notice or by public/do/PRAMain or by contacting through this supplement will be used to accessing: http://www.doleta.gov/ Darrin King on 202–693–4129 (this is determine policies that better meet the OMBCN/OMBControlNumber.cfm. not a toll-free number)/email: needs of our Nation’s veteran DATES: Written comments must be [email protected]. population. The supplement provided submitted to the office listed in the

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addressee’s section below on or before technological collection techniques or Services Inc. of Puerto Rico (PR July 20, 2009. other forms of information technology, Financial) (hereinafter ‘‘the UBS ADDRESSES: Submit written comments e.g., permitting electronic submissions Grant’’). to Keith Ribnick, Office of Workforce of responses. The Department notes that the III. Current Actions: Security, Room S–4231, Employment operative language of the BNYMC Grant Type of Review: Extension without and Training Administration, 200 (which begins at the middle of the third changes. Constitution Avenue, NW., Washington, column of page 20990 of the May 6, DC 20210. Telephone 202–693–3223 Title: Unemployment Compensation for Ex-Servicemembers Handbook; 2009 issue of the Federal Register after (this is not a toll-free number). Fax 202– the boldface heading ‘‘Exemption’’) was 693–3975. Comment Request. OMB Number: 1205–0176. not preceded by the customary caption SUPPLEMENTARY INFORMATION: Affected Public: Federal Government, indicating the name of the entity I. Background: The UCX law (5 U.S.C. State Workforce Agencies and seeking the exemption, the prohibited 8521–8525) requires SWAs to individuals. transaction exemption grant number, administer the UCX program in Form: Handbook 384; ETA 841, ETA and the exemption application file accordance with the same terms and 843. number. Accordingly, to correct this conditions of the paying state’s Total Respondents: 1. unemployment insurance law which publication error, the following caption Frequency: As needed. apply to unemployed claimants who should be inserted immediately before Total Responses: 5,297. worked in the private sector. Each state the boldface heading ‘‘Exemption’’ on Average Time per Response: 1 page 20990, third column: agency needs to obtain certain military minute. service information on claimants filing Estimated Total Burden Hours: 88.28. The Bank of New York Mellon for UCX benefits to enable the state to Total Burden Cost: $0. Corporation (the Applicant), Located in determine their eligibility for benefits. Comments submitted in response to New York, New York As needed, state agencies may record or this comment request will be obtain required UCX information on the summarized and/or included in the [Prohibited Transaction Exemption form developed by the Department of request for Office of Management and 2009–13; Exemption Application Labor, ETA 843, Request for Military Budget approval of the information Number D–11458] Document and Information. The use of collection request; they will also In addition, the Department notes that this form may be essential to the UCX become a matter of public record. claims process. Form ETA 841, Request the operative language of the UBS Grant for Determination of Federal Military Dated: Friday, May 15, 2009. (which begins at the middle of the first Service and Wages, is no longer used by Cheryl Atkinson, column of page 20997 of the May 6, most states; it has become an optional Administrator, Office of Workforce Security, 2009 issue of the Federal Register after form. Employment and Training Administration. the boldface heading ‘‘Exemption’’) was Information pertaining to the UCX [FR Doc. E9–11893 Filed 5–20–09; 8:45 am] not preceded by the customary caption claimant can only be obtained from the BILLING CODE 4510–FW–P indicating the name(s) of the entities individual’s military discharge papers, seeking the exemption, the prohibited the appropriate branch of military transaction exemption grant number, service or the Department of Veterans’ DEPARTMENT OF LABOR and the exemption application file Affairs (formerly the Veterans’ number(s). Accordingly, to correct this Administration). Without the claimant’s Employee Benefits Security Administration publication error, the following caption military information, the state cannot should be inserted immediately before adequately determine the UCX Technical Correction of the Texts of the boldface heading ‘‘Exemption’’ on eligibility of ex-servicemembers and Individual Exemption Involving: (1) The page 20997, first column: would not be able to properly Bank of New York Mellon Corporation UBS AG (UBS), and Its Affiliates UBS administer the program. (74 FR 20990); and (2) UBS AG (UBS), Financial Services Inc. (UBS Financial) II. Review Focus: The Department of and Its Affiliates UBS Financial Labor is particularly interested in Services Inc. (UBS Financial) and UBS and UBS Financial Services Inc. of comments which: Financial Services Inc. of Puerto Rico Puerto Rico (PR Financial), Located, * Evaluate whether the proposed (PR Financial) (74 FR 20997) Respectively, in Zurich, Switzerland; collection of information is necessary New York, New York; and San Juan, for the proper performance of the AGENCY: Employee Benefits Security Puerto Rico functions of the agency, including Administration, Department of Labor whether the information will have (the Department). [Prohibited Transaction Exemption practical utility; ACTION: Notice of technical correction. 2009–14; Exemption Application * Evaluate the accuracy of the Numbers D–11477, D–11478, and D– agency’s estimate of the burden of the In the May 6, 2009 issue of the 11479, Respectively] proposed collection of information, Federal Register, the Department FOR FURTHER INFORMATION CONTACT: Mr. including the validity of the published separate administrative methodology and assumptions used; exemptions from the prohibited Mark Judge, Office of Exemption * Enhance the quality, utility, and transaction provisions of the Employee Determinations, Employee Benefits clarity of the information to be Retirement Income Security Act of 1974 Security Administration, U.S. collected; and and the Internal Revenue Code of 1986 Department of Labor, Washington, DC at * Minimize the burden of the for: (1) The Bank of New York Mellon (202) 693–8339 (this is not a toll-free collection of information on those who Corporation (hereinafter ‘‘the BNYMC number). are to respond, including through the Grant’’); and (2) UBS AG (UBS) and its use of appropriate automated, affiliates UBS Financial Services Inc. electronic, mechanical, or other (UBS Financial) and UBS Financial

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Signed at Washington, DC, this 15th day of DEPARTMENT OF LABOR 2009 in response to a petition filed on May, 2009. behalf of the workers at Tensolite, Alan D. Lebowitz, Employment and Training d/b/a Carlisle Interconnect Company, Deputy Assistant Secretary for Program Administration Vancouver, Washington. Operations, Employee Benefits Security [TA–W–65,647] The petitioners have requested that Administration. the petition be withdrawn. [FR Doc. E9–11774 Filed 5–20–09; 8:45 am] Manitowac Cranes, Shady Grove, PA; Consequently, the investigation has BILLING CODE P Notice of Termination of Investigation been terminated. Signed at Washington, DC, this 28th day of Pursuant to Section 221 of the Trade April 2009. DEPARTMENT OF LABOR Act of 1974, as amended, an Richard Church, investigation was initiated on March 20, Employment and Training 2009 in response to a petition filed on Certifying Officer, Division of Trade Adjustment Assistance. Administration behalf of workers of Manitowac Cranes, [FR Doc. E9–11858 Filed 5–20–09; 8:45 am] [TA–W–65,719] Shady Grove, Pennsylvania. The petitioners have requested that BILLING CODE 4510–FN–P AGC Flat Glass North America, Inc., the petition be withdrawn. Consequently, the investigation has Kingsport Corporate Services Office, DEPARTMENT OF LABOR Kingsport, TN; Notice of Termination been terminated. of Investigation Signed at Washington, DC, this 27th day of Employment and Training April 2009. Administration Pursuant to Section 221 of the Trade Elliott S. Kushner, Act of 1974, as amended, an [TA–W–65,785] investigation was initiated on March 31, Certifying Officer, Division of Trade Adjustment Assistance. 2009 in response to a petition filed by Dell USA LP, Global Finance Division, a company official on behalf of the [FR Doc. E9–11862 Filed 5–20–09; 8:45 am] Round Rock, TX; Notice of Termination workers of AGC Flat Glass North BILLING CODE 4510–FN–P of Investigation America, Inc., Kingsport Corporate In accordance with Section 221 of the Services Office, Kingsport, Tennessee. DEPARTMENT OF LABOR Trade Act of 1974, as amended, an The petitioner has requested that the investigation was initiated on April 15, petition be withdrawn. Consequently, Employment and Training 2009 in response to a worker petition the investigation has been terminated. Administration filed on behalf of workers of Dell USA Signed at Washington, DC, this 27th day of [TA–W–65,646] LP, Global Finance Division, Round April 2009. Rock, Texas. Richard Church, Honeywell International, Olathe, KS; The petitioners have requested that Certifying Officer, Division of Trade Notice of Termination of Investigation the petition be withdrawn. Adjustment Assistance. Consequently, the investigation has [FR Doc. E9–11870 Filed 5–20–09; 8:45 am] Pursuant to Section 221 of the Trade been terminated. Act of 1974, as amended, an BILLING CODE 4510–FN–P Signed in Washington, DC, this 22nd day investigation was initiated on March 20, of April 2009. 2009 in response to a worker petition Richard Church, DEPARTMENT OF LABOR filed by a company official on behalf of Certifying Officer, Division of Trade workers of Honeywell International, Adjustment Assistance. Employment and Training Olathe, Kansas. Administration The petitioner has requested that the [FR Doc. E9–11874 Filed 5–20–09; 8:45 am] BILLING CODE 4510–FN–P [TA–W–65,710] petition be withdrawn. Consequently, the investigation has been terminated. Numonyx—California Technology Signed at Washington, DC this 29th day of DEPARTMENT OF LABOR Center, Santa Clara, CA; Notice of April 2009. Termination of Investigation Elliott S. Kushner, Employment and Training Pursuant to Section 221 of the Trade Certifying Officer, Division of Trade Administration Act of 1974, as amended, an Adjustment Assistance. [TA–W–65,732] investigation was initiated on March 31, [FR Doc. E9–11861 Filed 5–20–09; 8:45 am] 2009 in response to a worker petition BILLING CODE 4510–FN–P Essilor Laboratories of America, Joe’s filed on behalf of workers at Creek Processing Center, St. Numonyx—California Technology Petersburg, FL; Notice of Termination Center, Santa Clara, California. DEPARTMENT OF LABOR of Investigation The petitioners have requested that In accordance with Section 221 of the the petition be withdrawn. Employment and Training Trade Act of 1974, as amended, an Consequently, the investigation has Administration investigation was initiated on April 2, been terminated. [TA–W–65,616] 2009 in response to a petition filed by Signed at Washington, DC, this 28th day of Tensolite d/b/a Carlisle Interconnect a company official on behalf of workers April 2009. of Essilor Laboratories of America, Joe’s Richard Church, Company, Vancouver, WA; Notice of Termination of Investigation Creek Processing Center, St. Petersburg, Certifying Officer, Division of Trade Florida. Adjustment Assistance. Pursuant to Section 221 of the Trade The petitioner has requested that the [FR Doc. E9–11867 Filed 5–20–09; 8:45 am] Act of 1974, as amended, an petition be withdrawn. Consequently, BILLING CODE 4510–FN–P investigation was initiated on March 16, the investigation has been terminated.

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Signed in Washington, DC, this 23rd day DEPARTMENT OF LABOR DEPARTMENT OF LABOR of April 2009. Richard Church, Employment and Training Employment and Training Certifying Officer, Division of Trade Administration Administration Adjustment Assistance. [FR Doc. E9–11871 Filed 5–20–09; 8:45 am] [TA–W–65,622] [TA–W–65,606] BILLING CODE 4510–FN–P Groat Brothers, Inc., Woodland, WA; SUMCO Phoenix Corporation, Notice of Termination of Investigation Cincinnati Division, Maineville, OH; DEPARTMENT OF LABOR Notice of Termination of Investigation Pursuant to Section 221 of the Trade Employment and Training Act of 1974, as amended, an Pursuant to Section 221 of the Trade Administration investigation was initiated on March 18, Act of 1974, as amended, an 2009, in response to a petition filed on investigation was initiated on March 16, [TA–W–65,686] behalf of workers at Groat Brothers, Inc., 2009 in response to a worker petition Pandora Manufacturing, LLC, Pandora, Woodland, Washington. filed on behalf of workers of SUMCO OH; Notice of Termination of The petitioner has requested that the Phoenix Corporation, Cincinnati Investigation petition be withdrawn. Consequently, Division, Maineville, Ohio. In accordance with Section 221 of the the investigation has been terminated. The petitioner has requested that the Trade Act of 1974, as amended, an Signed at Washington, DC this 29th day of petition be withdrawn. Consequently, investigation was initiated on March 26, April 2009. the investigation has been terminated. 2009 in response to a petition filed by Elliott S. Kushner, Signed at Washington, DC, this 30th day of a United Automobile, Aerospace, and Certifying Officer, Division of Trade April 2009. Agricultural International Union, Adjustment Assistance. Linda G. Poole, Region 2–B representative on behalf of [FR Doc. E9–11859 Filed 5–20–09; 8:45 am] Certifying Officer, Division of Trade workers of Pandora Manufacturing, LLC, BILLING CODE 4510–FN–P Adjustment Assistance. Pandora, Ohio. [FR Doc. E9–11856 Filed 5–20–09; 8:45 am] The petitioner has requested that the BILLING CODE 4510–FN–P petition be withdrawn. Consequently, DEPARTMENT OF LABOR the investigation has been terminated. Signed in Washington, DC, this 22nd day Employment and Training DEPARTMENT OF LABOR of April 2009. Administration Richard Church, Employment and Training Certifying Officer, Division of Trade [TA–W–65, 615] Administration Adjustment Assistance. [FR Doc. E9–11864 Filed 5–20–09; 8:45 am] Temic Automotive of North America, [TA–W–65,392] BILLING CODE 4510–FN–P Inc., Northbrook, IL; Notice of Termination of Investigation Smead Manufacturing Company, Springfield, OH; Notice of Termination DEPARTMENT OF LABOR Pursuant to Section 221 of the Trade of Investigation Act of 1974, as amended, an Employment and Training investigation was initiated on March 17, In accordance with Section 221 of the Administration 2009 in response to a petition filed by Trade Act of 1974, as amended, an a company official on behalf of workers investigation was initiated on February [TA–W–65,670] at Temic Automotive of North America, 25, 2009 in response to a worker Dalure Fashions, Inc., Gatesville, NC; Inc., Northbrook, Illinois. The workers petition filed on behalf of workers of Notice of Termination of Investigation at the subject facility produce Smead Manufacturing Company, Logan, automotive electronic components. Ohio. In accordance with Section 221 of the The petitioner has requested that the The petitioners have requested that Trade Act of 1974, as amended, an investigation was initiated on March 25, petition be withdrawn. Consequently, the petition be withdrawn. 2009 in response to a worker petition the investigation has been terminated. Consequently, the investigation has filed on behalf of workers of Dalure Signed in Washington, DC, this 28th day of been terminated. Fashions, Inc., Gatesville, North April 2009. Signed in Washington, DC, this 23rd day Carolina. Richard Church, of April 2009. The petitioners have requested that Certifying Officer, Division of Trade Richard Church, the petition be withdrawn. Adjustment Assistance. Certifying Officer, Division of Trade Consequently, the investigation has [FR Doc. E9–11857 Filed 5–20–09; 8:45 am] Adjustment Assistance. been terminated. BILLING CODE 4510–FN–P [FR Doc. E9–11854 Filed 5–20–09; 8:45 am] Signed in Washington, DC, this 22nd day BILLING CODE 4510–FN–P of April 2009. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–11863 Filed 5–20–09; 8:45 am] BILLING CODE 4510–FN–P

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR

Employment and Training Employment and Training Employment and Training Administration Administration Administration [TA–W–65,745] [TA–W–65,380] [TA–W–65,308] Delphi Corporation, Flint, MI; Notice of L and L Products, Inc., Romeo, MI; Edscha North America, Centerpoint Termination of Investigation Notice of Termination of Investigation Administrative Offices, Pontiac, MI; In accordance with Section 221 of the Notice of Termination of Investigation Pursuant to Section 221 of the Trade Trade Act of 1974, as amended, an investigation was initiated on April 3, Act of 1974, as amended, an Pursuant to Section 221 of the Trade 2009 in response to a petition filed by investigation was initiated on February Act of 1974, as amended, an a United Auto Workers Local 651 Union 25, 2009 in response to a petition filed investigation was initiated on February representative on behalf of workers of on behalf of workers at L and L 19, 2009 in response to a petition filed Delphi Corporation, Flint, Michigan. Products, Inc., Romeo, Michigan. The on behalf of workers at Edscha North The petitioner has requested that the workers at the subject facility produce America, Centerpoint Administrative petition be withdrawn. Consequently, automotive sealants. Offices, Pontiac, Michigan. the investigation has been terminated. The petitioners have requested that The petitioner has requested that the Signed in Washington, DC, this 23rd day the petition be withdrawn. petition be withdrawn. Consequently, of April 2009. Consequently, the investigation has the investigation has been terminated. Richard Church, been terminated. Signed at Washington, DC this 22nd day of Certifying Officer, Division of Trade Signed in Washington, DC, this 28th day of April 2009. Adjustment Assistance. April 2009. Elliott S. Kushner, [FR Doc. E9–11872 Filed 5–20–09; 8:45 am] BILLING CODE 4510–FN–P Richard Church, Certifying Officer, Division of Trade Certifying Officer, Division of Trade Adjustment Assistance. Adjustment Assistance. [FR Doc. E9–11851 Filed 5–20–09; 8:45 am] DEPARTMENT OF LABOR [FR Doc. E9–11853 Filed 5–20–09; 8:45 am] BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P Employment and Training Administration DEPARTMENT OF LABOR DEPARTMENT OF LABOR [TA–W–65,703] Employment and Training Viscotec Automotive Products, LLC, Employment and Training Administration Morganton, NC; Notice of Termination Administration of Investigation [TA–W–65,182] [TA–W–65,365] In accordance with Section 221 of the General Motors Grand Rapids Trade Act of 1974, as amended, an International Automotive Components Stamping, Metal Fabricating Division, investigation was initiated on March 31, Group, North America, Dearborn, MI; Wyoming, MI; Notice of Termination of 2009 in response to a worker petition Notice of Termination of Investigation Investigation filed on behalf of workers of Viscotec Automotive Products, LLC, Morganton, Pursuant to Section 221 of the Trade Pursuant to Section 221 of the Trade North Carolina. Act of 1974, as amended, an Act of 1974, as amended, an The petitioners have requested that the petition be withdrawn. investigation was initiated on February investigation was initiated on February Consequently, the investigation has 25, 2009 in response to a petition filed 9, 2009, in response to a petition filed been terminated. by a company official on behalf of by a company official and by United workers at International Automotive Auto Workers Local 730 on behalf of Signed in Washington, DC, this 29th day of Components Group, North America, workers at General Motors Grand Rapids April 2009. Dearborn, Michigan, and including Stamping, Metal Fabricating Division, Richard Church, workers at plants in Rochester Hills and Wyoming, Michigan. Certifying Officer, Division of Trade Plymouth, Michigan. The workers at the Adjustment Assistance. The petitioners have requested that subject facilities are engaged in [FR Doc. E9–11866 Filed 5–20–09; 8:45 am] the petition be withdrawn. employment related to the production of BILLING CODE 4510–FN–P Consequently, the investigation has automotive components. been terminated. The petitioner has requested that the DEPARTMENT OF LABOR petition be withdrawn. Consequently, Signed at Washington, DC this 29th day of April 2009. the investigation has been terminated. Employment and Training Elliott S. Kushner, Signed in Washington, DC, this 27th day of Administration Certifying Officer, Division of Trade April 2009. Adjustment Assistance. [TA–W–65,692] Richard Church, [FR Doc. E9–11850 Filed 5–20–09; 8:45 am] Certifying Officer, Division of Trade Tricon Timber, LLC, Superior, MT; BILLING CODE 4510–FN–P Adjustment Assistance. Notice of Termination of Investigation [FR Doc. E9–11852 Filed 5–20–09; 8:45 am] Pursuant to Section 221 of the Trade BILLING CODE 4510–FN–P Act of 1974, as amended, an

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investigation was initiated on March 27, Signed in Washington, DC, this 23rd day DEPARTMENT OF LABOR 2009 in response to a petition filed by of April 2009. a company official on behalf of workers Richard Church, Employment and Training of Tricon Timber, LLC, Superior, Certifying Officer, Division of Trade Administration Montana. Adjustment Assistance. The petitioner has requested that the [FR Doc. E9–11869 Filed 5–20–09; 8:45 am] [TA–W–65,056] petition be withdrawn. Consequently, BILLING CODE 4510–FN–P the investigation has been terminated. B/E Aerospace, Inc., Marysville, WA; Signed at Washington, DC, this 23rd day of Notice of Termination of Investigation April 2009. DEPARTMENT OF LABOR Richard Church, Pursuant to Section 221 of the Trade Employment and Training Act of 1974, as amended, an Certifying Officer, Division of Trade Administration Adjustment Assistance. investigation was initiated on February [FR Doc. E9–11865 Filed 5–20–09; 8:45 am] 2, 2009 in response to a worker petition [TA–W–65,713] BILLING CODE 4510–FN–P on behalf of workers at B/E Aerospace, Inc., Marysville, Washington. Peterson Manufacturing Company, The petitioners have requested that DEPARTMENT OF LABOR Grandview, MO; Notice of Termination of Investigation the petition be withdrawn. Employment and Training Consequently, the investigation has Administration Pursuant to Section 221 of the Trade been terminated. Act of 1974, as amended, an Signed at Washington, DC, this 23rd day of [TA–W–65,469] investigation was initiated on March 31, April 2009. 2009 in response to a petition filed by The Hershey Company, Hershey, PA; Richard Church, a company official on behalf of workers Notice of Termination of Investigation of Peterson Manufacturing Company, Certifying Officer, Division of Trade Grandview, Missouri. Adjustment Assistance. Pursuant to Section 221 of the Trade [FR Doc. E9–11848 Filed 5–20–09; 8:45 am] Act of 1974, as amended, an The petitioner has requested that the BILLING CODE 4510–FN–P investigation was initiated on March 4, petition be withdrawn. Therefore, the 2009 in response to a petition filed on investigation under this petition has behalf of workers at The Hershey been terminated. DEPARTMENT OF LABOR Company, Hershey, Pennsylvania. The Signed at Washington, DC, this 27th day of workers at the subject facility produce April, 2009. Employment and Training candy. Linda G. Poole, Administration The petitioners have requested that Certifying Officer, Division of Trade the petition be withdrawn. Adjustment Assistance. [TA–W–65,043] Consequently, the investigation has [FR Doc. E9–11868 Filed 5–20–09; 8:45 am] been terminated. BILLING CODE 4510–FN–P Daramic, LLC, Owensboro, KY; Notice Signed in Washington, DC, this 28th day of of Termination of Investigation April 2009. Richard Church, DEPARTMENT OF LABOR Pursuant to Section 221 of the Trade Certifying Officer, Division of Trade Act of 1974, as amended, an Adjustment Assistance. Employment and Training investigation was initiated on January [FR Doc. E9–11855 Filed 5–20–09; 8:45 am] Administration 30, 2009 in response to a worker BILLING CODE 4510–FN–P petition filed by the International [TA–W–65,077] Brotherhood of Boilermakers, Local Lodge 726, on behalf of workers of Janesville Acoustics, Norwalk, OH; DEPARTMENT OF LABOR Daramic, LLC, Owensboro, Kentucky. Notice of Termination of Investigation Employment and Training The petitioner has requested that the Administration Pursuant to Section 221 of the Trade petition be withdrawn. Consequently, Act of 1974, as amended, an the investigation has been terminated. [TA–W–65,717] investigation was initiated on February Signed at Washington, DC, this 30th day of Moyno, Inc., a Division of Robbins & 2, 2009 in response to a worker petition April 2009. filed on behalf of workers of Janesville Myers, Inc., Springfield, OH; Notice of Elliott S. Kushner, Termination of Investigation Acoustics, Norwalk, Ohio. Certifying Officer, Division of Trade The petitioners have requested that In accordance with Section 221 of the Adjustment Assistance. the petition be withdrawn. [FR Doc. E9–11847 Filed 5–20–09; 8:45 am] Trade Act of 1974, as amended, an Consequently, the investigation has investigation was initiated on March 31, been terminated. BILLING CODE 4510–FN–P 2009 in response to a petition filed by a United Auto Workers Local 902 Union Signed at Washington, DC, this 22nd day representative on behalf of workers of of April 2009. Moyno, Inc., a Division of Robbins & Richard Church, Myers, Inc., Springfield, Ohio. Certifying Officer, Division of Trade The petitioner has requested that the Adjustment Assistance. petition be withdrawn. Consequently, [FR Doc. E9–11849 Filed 5–20–09; 8:45 am] the investigation has been terminated. BILLING CODE 4510–FN–P

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR Subject: Determination of Executive Compensation Benchmark Amount, Employment and Training Employment and Training Pursuant to Section 39 of the Office of Administration Administration Federal Procurement Policy (OFPP) Act [TA–W–65,847] (41 U.S.C. 435), as amended. [TA–W–65,757] This memorandum sets forth the Timbar Packaging and Display, Oneida benchmark compensation amount as Corning, Incorporated, Blacksburg Division, Vernon, NY; Notice of required by Section 39 of the OFPP Act, Virginia Plant, Environmental Products Termination of Investigation as amended. Under Section 39, the Division, Christiansburg, VA; Notice of benchmark compensation amount is the Pursuant to Section 221 of the Trade Termination of Investigation median amount of the compensation Act of 1974, as amended, an provided for all senior executives of Pursuant to Section 221 of the Trade investigation was initiated on April 24, benchmark corporations for the most 2009 in response to a petition filed by Act of 1974, as amended, an recent year for which data is available. a company official on behalf of workers investigation was initiated on April 6, The benchmark compensation amount of TimBar Packaging and Display, 2009 in response to a petition filed by established by Section 39 limits the Oneida Division, Vernon, New York. the United Steelworkers of America, allowability of compensation costs The petitioner has requested that the under government contracts in Local 1022 on behalf of workers of petition be withdrawn. Therefore, the Corning, Incorporated, Blacksburg accordance with FAR 31.205–6(p). The investigation under this petition has benchmark compensation amount does Virginia Plant, Environmental Products been terminated. not limit the compensation that an Division, Christiansburg, Virginia. Signed at Washington, DC, this 27th day of executive may otherwise receive. This The petitioner has requested that the April 2009. amount is based on data from petition be withdrawn. Therefore, the Linda G. Poole, commercially available surveys of investigation under this petition has Certifying Officer, Division of Trade executive compensation that analyze the been terminated. Adjustment Assistance. relevant data made available by the Signed at Washington, DC, this 27th day of [FR Doc. E9–11845 Filed 5–20–09; 8:45 am] Securities and Exchange Commission. April, 2009. BILLING CODE 4510–FN–P More specifically, as required by Section 39 of the OFPP Act, the data Linda G. Poole, used is the median (50th percentile) Certifying Officer, Division of Trade amount of compensation accrued over a Adjustment Assistance. OFFICE OF MANAGEMENT AND BUDGET recent 12-month period for the top five [FR Doc. E9–11873 Filed 5–20–09; 8:45 am] highest paid executives of publicly BILLING CODE 4510–FN–P Office of Federal Procurement Policy traded companies with annual sales over $50 million. After consultation Determination of Executive with the Director of the Defense DEPARTMENT OF LABOR Compensation Benchmark Amount Contract Audit Agency, we have determined pursuant to the AGENCY: Employment and Training Office of Federal Procurement requirements of Section 39 that the Administration Policy, OMB. benchmark compensation amount for ACTION: Notice. contractors’ fiscal year (FY) 2009 is [TA–W–64,913] $684,181. This amount is for SUMMARY: The Office of Management contractors’ FY 2009 and subsequent and Budget is publishing the attached Phillips Plastics Corporation, Custom contractor fiscal years, unless and until memorandum to the Heads of Executive Division, Including On-Site Leased revised by OFPP. The benchmark Departments and Agencies concerning Workers From Manpower, Phillips, WI; compensation amount applies to the determination of the maximum Notice of Termination of Investigation contract costs incurred after January 1, benchmark compensation amount that 2009, under covered contracts of both will be allowable under government the defense and civilian procurement Pursuant to Section 221 of the Trade contracts during contractors’ fiscal year agencies as specified in Section 39 of Act of 1974, as amended, an 2009—$684,181. This determination is the OFPP Act (41 U.S.C. 435), as investigation was initiated on January required under Section 39 of the Office amended. 15, 2009 in response to a petition filed of Federal Procurement Policy (OFPP) Questions concerning this on behalf of workers of Phillips Plastics Act (41 U.S.C. 435) as amended. The memorandum may be addressed to Corporation, Custom Division, Phillips, benchmark compensation amount Raymond Wong, OFPP, at 202–395– Wisconsin. applies equally to both defense and 6805. The petitioner has requested that the civilian procurement agencies. petition be withdrawn. Consequently, FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–11837 Filed 5–20–09; 8:45 am] the investigation has been terminated. Raymond Wong, OFPP, at 202–395– BILLING CODE P Signed at Washington, DC, this 22nd day 6805. of April 2009. Lesley A. Field, NATIONAL AERONAUTICS AND Linda G. Poole, Acting Administrator. SPACE ADMINISTRATION Certifying Officer, Division of Trade Memorandum for the Heads of Adjustment Assistance. Executive Departments and Agencies Notice of Information Collection [FR Doc. E9–11846 Filed 5–20–09; 8:45 am] From: Lesley A. Field, Acting AGENCY: National Aeronautics and BILLING CODE 4510–FN–P Administrator, Office of Federal Space Administration (NASA). Procurement Policy. Notice: (09–042).

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ACTION: Notice of information collection. IV. Request for Comments 5. How Often the Collection Is Comments are invited on: (1) Whether Required: Monthly and on occasion. SUMMARY: The National Aeronautics and the proposed collection of information Space Administration, as part of its 6. Who Will Be Required or Asked To is necessary for the proper performance continuing effort to reduce paperwork Report: NRC Contractors. of the functions of NASA, including and respondent burden, invites the 7. An Estimate of the Number of whether the information collected has general public and other Federal Annual Responses: 2,404. practical utility; (2) the accuracy of agencies to take this opportunity to NASA’s estimate of the burden 8. The Estimated Number of Annual comment on proposed and/or (including hours and cost) of the Respondents: 64. continuing information collections, as proposed collection of information; (3) required by the Paperwork Reduction 9. An Estimate of the Total Number of ways to enhance the quality, utility, and Act of 1995 (Pub. L. 104–13, 44 U.S.C. Hours Needed Annually To Complete clarity of the information to be 3506(c)(2)(A)). the Requirement or Request: 1,202. collected; and (4) ways to minimize the 10. Abstract: In administering its DATES: All comments should be burden of the collection of information submitted within 60 calendar days from on respondents, including automated contracts, the NRC Division of Contracts the date of this publication. collection techniques or the use of other provides billing instructions for its ADDRESSES: All comments should be forms of information technology. contractors to follow in preparing addressed to Dr. Walter Kit, National Comments submitted in response to invoices. These instructions stipulate Aeronautics and Space Administration, this notice will be summarized and the level of detail in which supporting Washington, DC 20546–0001. included in the request for OMB data must be submitted for NRC review. The review of this information ensures FOR FURTHER INFORMATION CONTACT: approval of this information collection. Requests for additional information or They will also become a matter of that all payments made by NRC for valid copies of the information collection public record. and reasonable costs are in accordance with the contract terms and conditions. instrument(s) and instructions should Dr. Walter Kit, be directed to Dr. Walter Kit, NASA NASA Clearance Officer. A copy of the final supporting Clearance Officer, NASA Headquarters, [FR Doc. E9–11923 Filed 5–20–09; 8:45 am] statement may be viewed free of charge 300 E Street, SW., JE0000, Washington, BILLING CODE –P at the NRC Public Document Room, One DC 20546, (202) 358–1350, Walter.Kit- White Flint North, 11555 Rockville [email protected]. Pike, Room O–1 F21, Rockville, MD SUPPLEMENTARY INFORMATION: NUCLEAR REGULATORY 20852. OMB clearance requests are COMMISSION available at the NRC Worldwide Web I. Abstract site: http://www.nrc.gov/public-involve/ [Docket No. NRC–2009–0040] NASA will collect information to doc-comment/omb/index.html. The determine which applicants meet Agency Information Collection document will be available on the NRC required selection criteria and to what Activities: Submission for the Office of home page site for 60 days after the extent. Ten secondary educators from Management and Budget (OMB) signature date of this notice. institutions nation-wide will be selected Review; Comment Request Comments and questions should be to participate in the Airborne Research directed to the OMB reviewer listed AGENCY: U.S. Nuclear Regulatory Experience for Educators (AREE) project below by June 22, 2009. Comments based on their experience and Commission (NRC). received after this date will be educational background. ACTION: Notice of the OMB review of information collection and solicitation considered if it is practical to do so, but II. Method of Collection of public comment. assurance of consideration cannot be Applicants will complete an online given to comments received after this application hosted on the AREE Web SUMMARY: The NRC has recently date. site. The application form can be submitted to OMB for review the following proposal for the collection of NRC Desk Officer, Office of Information downloaded using Adobe software and and Regulatory Affairs (3150–0109), submitted electronically using the e- information under the provisions of the Paperwork Reduction Act of 1995 (44 NEOB–10202, Office of Management mail submit button located on the form. and Budget, Washington, DC 20503. The collection of information from the U.S.C. Chapter 35). The NRC hereby application, resume, and letters of informs potential respondents that an The NRC Clearance Officer is Gregory reference will all occur electronically. agency may not conduct or sponsor, and Trussell, (301) 415–6445. that a person is not required to respond III. Data to, a collection of information unless it Dated at Rockville, Maryland, this 15th day of May 2009. Title: Airborne Research Experience displays a currently valid OMB control For the Nuclear Regulatory Commission. for Educators (AREE) Application. number. The NRC published a Federal OMB Number: 2700–XXXX. Register Notice with a 60-day comment Tremaine Donnell, Type of Review: New Collection. period on this information collection on Acting NRC Clearance Officer, Office of February 2, 2009. Affected Public: Individuals or Information Services. 1. Type of Submission, New, Revision, [FR Doc. E9–11876 Filed 5–20–09; 8:45 am] households. or Extension: Extension. Estimated Number of Respondents: 2. The Title of the Information BILLING CODE 7590–01–P 25. Collection: Billing Instructions for NRC Estimated Number of Responses per Cost Type Contracts. Respondent: 1. 3. Current OMB Approval Number: Estimated Time per Response: 1 hour. 3150–0109. Estimated Total Annual Burden 4. The Form Number if Applicable: Hours: 25 hours. None.

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NUCLEAR REGULATORY addition, the following libraries have notice of hearing and opportunity to COMMISSION agreed to make the final SEIS available petition for leave to intervene in the for public inspection. proceeding on the application will be [Docket Nos. 50–334 and 50–412; NRC– • 2008–0531] Beaver Area Memorial Library, 100 published in a future Federal Register College Ave., Beaver, PA 15009–2704, Notice. The purposes of this notice of Firstenergy Nuclear Operating telephone 724–775–1132 intent are (1) to inform the public that Company; Notice of Availability of the • Beaver County Library System, 1 the NRC staff will be preparing an Final Supplement 36 to the Generic Campus Drive, Monaca, PA 15061, environmental impact statement (EIS) as Environmental Impact Statement for telephone 724–728–3737 part of the review of the application for License Renewal of Nuclear Plants, FOR FURTHER INFORMATION, CONTACT: Mr. the COL and (2) to provide the public Regarding the License Renewal of Emmanuel Sayoc, Projects Branch 2, with an opportunity to participate in the Beaver Valley Power Station, Units 1 Division of License Renewal, Office of environmental scoping process as and 2 Nuclear Reactor Regulation, U.S. defined in 10 CFR 51.29. Nuclear Regulatory Commission, Mail In addition, as outlined in 36 CFR Notice is hereby given that the U.S. 800.8(c), ‘‘Coordination with the Nuclear Regulatory Commission (the Stop O–11F1, Washington, DC 20555– 0001. Mr. Emmanuel Sayoc may be National Environmental Policy Act,’’ the Commission or NRC) has published a NRC staff plans to coordinate final plant-specific supplement to the contacted by telephone at 1–800–368– compliance with Section 106 of the ‘‘Generic Environmental Impact 5642, extension 1924 or by e-mail at National Historic Preservation Act Statement for License Renewal of [email protected]. (NHPA) with steps taken to meet the Nuclear Plants (GEIS),’’ NUREG–1437, Dated at Rockville, Maryland, this 14th day requirements of the National regarding the renewal of operating of May, 2009. For the Nuclear Regulatory Environmental Policy Act of 1969, as licenses DPR–66 and NPF–73 for an Commission. amended (NEPA). Pursuant to 36 CFR additional 20 years of operation for the David J. Wrona, 800.8(c), the NRC staff intends to use Beaver Valley Power Station, Units 1 Chief, Projects Branch 2, Division of License the process and documentation for the and 2, which are located in Renewal, Office of Nuclear Reactor preparation of the EIS on the proposed Shippingport, PA about 25 miles Regulation. northwest of Pittsburgh, PA. Possible [FR Doc. E9–11877 Filed 5–20–09; 8:45 am] action to comply with Section 106 of the NHPA in lieu of the procedures set forth alternatives to the proposed action BILLING CODE 7590–01–P (license renewal) include no action and at 36 CFR 800.3 through 800.6. reasonable alternative energy sources. In accordance with 10 CFR 51.45 and As discussed in Section 9.3 of the NUCLEAR REGULATORY 51.50, Nine Mile Point 3 Nuclear final Supplement 36, based on: (1) The COMMISSION Project, LLC and UniStar Nuclear Operating Services, LLC submitted the analysis and findings in the GEIS; (2) [Docket No. 52–038; NRC–2008–0581] the Environmental Report submitted by ER as part of the application. The ER FirstEnergy Nuclear Operating Nine Mile Point 3 Nuclear Project, LLC was prepared pursuant to 10 CFR Parts Company; (3) consultation with Federal, and UniStar Nuclear Operating 51 and 52 and is available for public State, and local agencies; (4) the NRC Services, LLC; Nine Mile Point 3 inspection at the NRC Public Document staff’s own independent review; and (5) Nuclear Power Plant Combined Room (PDR) located at One White Flint the NRC staff’s consideration of public License Application; Notice of Intent North, 11555 Rockville Pike (first floor), comments during the scoping and draft To Prepare an Environmental Impact Rockville, Maryland 20852, or from the Supplemental Environment Impact Statement and Conduct Scoping Publicly Available Records (PARS) Statement (SEIS) comment period, the component of NRC’s Agencywide recommendation of the staff is that the Nine Mile Point 3 Nuclear Project, Documents Access and Management Commission determine that the adverse LLC and UniStar Nuclear Operating System (ADAMS). ADAMS is accessible environmental impacts of license Services, LLC have submitted an at http://www.nrc.gov/reading-rm/ renewal for BVPS Units 1 and 2 are not application for a combined license adams.html which provides access so great that preserving the option of (COL) to build Unit 3 at its Nine Mile through the NRC’s Electronic Reading license renewal for energy-planning Point Nuclear Power Plant (NMPNPP) Room (ERR) link. The accession number decision makers would be unreasonable. site, located on approximately 921 acres in ADAMS for the environmental report The final Supplement 36 to the GEIS in Oswego County, New York on Lake is ML090970496. Persons who do not is publicly available at the NRC Public Ontario, approximately five miles north- have access to ADAMS or who Document Room (PDR), located at One northeast of Oswego, New York. Nine encounter problems in accessing the White Flint North, 11555 Rockville Mile Point 3 Nuclear Project, LLC and documents located in ADAMS should Pike, Rockville, Maryland 20852, or UniStar Nuclear Operating Services, contact the NRC’s PDR Reference staff at from the NRC’s Agencywide Documents LLC submitted the application for the 1–800–397–4209/301–415–4737 or by Access and Management System COL to the U.S. Nuclear Regulatory e-mail to [email protected]. The (ADAMS). The ADAMS Public Commission (NRC) by letter dated application may also be viewed on the Electronic Reading Room is accessible at September 30, 2008, pursuant to Title Internet at http://www.nrc.gov/reactors/ http://adamswebsearch.nrc.gov/ 10 of the Code of Federal Regulations new-reactors/col/nine-mile-point.html. dologin.htm. The Accession Number for (10 CFR) Part 52. A notice of receipt and In addition, both the Oswego Public the final Supplement 36 to the GEIS is availability of the application, including Library at 120 East First Street, Oswego, ML091260011. Persons who do not have the Environmental Report (ER), was New York and SUNY Oswego Penfield access to ADAMS, or who encounter published in the Federal Register on Library at 7060 State Route 104, problems in accessing the documents Tuesday, October 28, 2008 (73 FR Oswego, New York have agreed to make located in ADAMS, should contact the 63998). A notice of acceptance for the ER available for public inspection. NRC’s PDR reference staff by telephone docketing of the application for the COL The following key reference at 1–800–397–4209, or 301–415–4737, was published in the Federal Register documents related to the application or by e-mail at [email protected]. In on December 19, 2008 (73 FR 77862). A and the NRC staff’s review processes are

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available through the NRC’s Web site at b. Determine the scope of the EIS and overview by the NRC staff of the NEPA http://www.nrc.gov: identify the significant issues to be environmental review process, the a. 10 CFR Part 51, Environmental analyzed in depth; proposed scope of the EIS, and the Protection Regulations for Domestic c. Identify and eliminate from proposed review schedule; and (2) the Licensing and Related Regulatory detailed study those issues that are opportunity for interested government Function; peripheral or that are not significant; agencies, organizations, and individuals b. 10 CFR Part 52, Licenses, d. Identify any environmental to submit comments or suggestions on Certifications, and Approvals for assessments and other EISs that are the environmental issues or the Nuclear Power Plants; being or will be prepared that are proposed scope of the EIS. For the c. 10 CFR Part 100, Reactor Site related to but are not part of the scope afternoon scoping meeting, persons may Criteria; of the EIS being considered; preregister to attend or present oral d. NUREG–1555, Standard Review e. Identify other environmental comments on the scope of the NEPA Plans for Environmental Reviews for review and consultation requirements review by contacting Mr. Paul Michalak Nuclear Power Plants; related to the proposed action; by telephone at 1–800–368–5642, e. NUREG/BR–0298, Brochure on f. Identify parties consulting with the extension 7612, or by e-mail to the NRC Nuclear Power Plant Licensing Process; NRC under the NHPA, as set forth in 36 at [email protected] no later than f. Regulatory Guide 4.2, Preparation of CFR 800.8(c)(1)(i); June 5, 2009. Members of the public Environmental Reports for Nuclear g. Indicate the relationship between may also register to speak at the meeting Power Stations; the timing of the preparation of the prior to the start of the session. g. Regulatory Guide 4.7, General Site environmental analyses and the Individual oral comments may be Suitability Criteria for Nuclear Power Commission’s tentative planning and limited by the time available, depending Stations; decision-making schedule; on the number of persons who register. h. Identify any cooperating agencies h. Fact Sheet on Nuclear Power Plant Members of the public who have not and, as appropriate, allocate Licensing Process; registered may also have an opportunity assignments for preparation and i. Regulatory Guide 1.206, Combined to speak, if time permits. Additionally, schedules for completing the EIS to the License Applications for Nuclear Power the NRC staff will host informal NRC and any cooperating agencies; and Plants; and discussions for one hour prior to the i. Describe how the EIS will be start of the afternoon meeting. No formal j. Nuclear Regulatory Commission prepared, including any contractor Policy Statement on the Treatment of comments on the proposed scope of the assistance to be used. The NRC invites EIS will be accepted during the informal Environmental Justice Matters in NRC the following persons or entities to Regulatory and Licensing Actions. discussions. At the afternoon scoping participate in the scoping process: meeting, comments to be considered in The regulations, NUREG-series a. The applicants, Nine Mile Point 3 the development of the EIS must be documents, regulatory guides, and the Nuclear Project, LLC and UniStar provided either at the transcribed public fact sheet can be found under Document Nuclear Operating Services, LLC; meeting or in writing, as discussed Collections in the Electronic Reading b. Any Federal agency that has below. Room on the NRC Web page. The jurisdiction by law or special expertise environmental justice policy statement with respect to any environmental The second meeting will convene at 6 can be found in the Federal Register, 69 impact involved or that is authorized to p.m. and will continue until FR 52040, August 24, 2004. develop and enforce relevant approximately 9 p.m. This meeting will This notice advises the public that the environmental standards; be conducted in an open-house format, NRC intends to gather the information c. Affected State and local with NRC staff available to answer necessary to prepare an EIS as part of government agencies, including those questions concerning the NEPA the review of the application for the authorized to develop and enforce environmental review process, COL at the Nine Mile Point 3 Nuclear relevant environmental standards; including the staff’s technical Power Plant site. Possible alternatives to d. Any affected Indian Tribe; approaches to environmental review the proposed action (issuance of the e. Any person who requests or has areas covered in the EIS; the proposed COL for the Nine Mile Point 3 Nuclear requested an opportunity to participate scope of the EIS; and the proposed Power Plant) include no action, in the scoping process; and review schedule. Given the informal reasonable alternative energy sources, f. Any person who intends to petition structure of the open-house meeting, and alternate sites. As set forth in 10 for leave to intervene in the proceeding, members of the public are encouraged to CFR 51.20(b)(2), issuance of a COL or who has submitted such a petition, or attend any time between 6 p.m. and 9 under 10 CFR Part 52 is an action that who is admitted as a party. p.m. A court reporter will be present to requires an EIS. This notice is being In accordance with 10 CFR 51.26, the transcribe formal comments or published in accordance with NEPA scoping process for an EIS may include suggestions on environmental issues or and the NRC’s regulations in 10 CFR a public scoping meeting to help the proposed scope of the EIS from Part 51. identify significant issues related to a interested government agencies, The NRC will first conduct a scoping proposed activity and to determine the organizations, and individuals. Written process for the EIS and, as soon as scope of issues to be addressed in an comments will also be accepted during practicable thereafter, will prepare a EIS. The NRC will hold two public the open house scoping meeting. To draft EIS for public comment. scoping meetings for the EIS regarding avoid potential waiting lines at the court Participation in this scoping process by the COL application. The scoping reporter, members of the public can members of the public and local, State, meetings will be held at SUNY-Oswego, choose to preregister to provide oral Tribal, and Federal government agencies Sheldon Hall, 7060 Route 104, Oswego, comments on the scope of the NEPA is encouraged. The scoping process for NY 13126 on Wednesday, June 10, 2009. review by contacting Mr. Paul Michalak the draft EIS will be used to accomplish The first meeting will convene at 1 p.m. by telephone at 1–800–368–5642, the following: and will continue until approximately 4 extension 7612, or by e-mail to the NRC a. Define the proposed action that is p.m. This meeting will be transcribed at [email protected] no later than to be the subject of the EIS; and will include the following: (1) An June 5, 2009. Preregistration will

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include the name of the individual/ above-mentioned address and one copy the ONS site in Oconee County, South organization and the time (i.e., between per request will be provided free of Carolina. If granted, the renewed license 6 and 9 p.m.) the oral comment will be charge. After receipt and consideration will authorize Duke to continue to store provided. Individuals/organizations of comments on the draft EIS, the NRC spent fuel in a dry cask storage system may also register to provide oral will prepare a final EIS, which will also at the ISFSI. Pursuant to the provisions comments during the open-house be available to the public. of 10 CFR 72.42, the renewal term of the meeting. Individual oral comments may Information about the proposed license for an ISFSI is limited to 20 be limited by the time available, action, the EIS, and the scoping process years. Duke, however, has also depending on the number of persons may be obtained from Mr. Paul submitted an exemption request with its who register. Michalak at U.S. Nuclear Regulatory license renewal application, pursuant to Please note that if special equipment Commission, Mail Stop T6–D32, 10 CFR 72.7, seeking a license renewal or accommodations are needed to attend Washington, DC 20555–0001, by phone term of 40 years. In accordance with 10 or present information at either public at 301–415–7612, or by e-mail at CFR 72.34, Duke’s renewal application meeting, the need should be brought to [email protected]. included an Environmental Report Mr. Michalak’s attention no later than Dated at Rockville, Maryland, this 14th day (which is attached as Enclosure 3, June 5, 2009, so that the NRC staff can of May 2009. Appendix E of Duke’s application). determine whether the request can be For the Nuclear Regulatory Commission. SNM–2503 expires on January 31, accommodated. Scott C. Flanders, 2010. This renewal and exemption Members of the public may send request, if granted, will extend the term written comments on the scope of the Director, Division of Site and Environmental Reviews, Office of New Reactors. of SNM–2503 to January 31, 2050. Nine Mile Point 3 Nuclear Power Plant The NRC has prepared an [FR Doc. E9–11878 Filed 5–20–09; 8:45 am] COL environmental review to the Chief, Environmental Assessment (EA) in Rulemaking and Directives Branch, BILLING CODE 7590–01–P support of this action in accordance Division of Administrative Services, with the requirements of 10 CFR Part Office of Administration, Mailstop 51. Based on the EA, the NRC has TWB–05–B01M, U.S. Nuclear NUCLEAR REGULATORY COMMISSION determined that a Finding of No Regulatory Commission, Washington, Significant Impact (FONSI) is DC 20555–0001, and should cite the [Docket No. 72–04; NRC–2008–0333] appropriate. If Duke’s request is publication date and page number of approved, the NRC will issue the this Federal Register notice. To ensure Notice of Availability of Environmental renewed license following the that comments will be considered in the Assessment and Finding of No publication of this EA and FONSI. scoping process, written comments Significant Impact for the Renewal of must be postmarked by July 20, 2009. U.S. Nuclear Regulatory Commission II. EA Summary Electronic comments may be sent by e- License No. SNM–2503 for Oconee Description of the Proposed Action mail to the NRC at Nuclear Station Independent Spent [email protected]. Electronic Fuel Storage Installation Duke requests approval to renew submissions must be sent no later than SNM–2503 for an additional 40 years at July 20, 2009. Comments will be made AGENCY: Nuclear Regulatory the ONS, South Carolina facility. If available electronically and will be Commission. approved, Duke will be allowed to accessible through the NRC’s Electronic ACTION: Notice of availability. receive, possess, store and transfer the Reading Room link http://www.nrc.gov/ power reactor spent fuel and other reading-rm/adams.html. The NRC staff FOR FURTHER INFORMATION CONTACT: radioactive materials associated with may, at its discretion, consider Haimanot Yilma, Environmental Project spent fuel storage at the ISFSI until comments submitted after the end of the Manager, Environmental Review January 31, 2050. Branch, Division of Waste Management comment period. Need for the Proposed Action Participation in the scoping process and Environmental Protection, Office of for the EIS does not entitle participants Federal and State Materials and Duke owns and operates three nuclear to become parties to the proceeding to Environmental Management Programs, power reactor units on the ONS site, which the EIS relates. A notice of U.S. Nuclear Regulatory Commission, Oconee Units 1, 2, and 3, which began hearing and opportunity to petition for Rockville, Maryland 20852. Telephone: commercial operation on July 15, 1973, leave intervene in the proceeding on the (301) 415–8029; fax number: (301) 415– September 9, 1974, and December 16, application for the COL will be 3502; e-mail: [email protected]. 1974, respectively. The current Facility published in a future Federal Register SUPPLEMENTARY INFORMATION: Operating licenses (FOLs) for Oconee notice. Units 1, 2, and 3 will expire on February At the conclusion of the scoping I. Introduction 6, 2033; October 6, 2033; and July 19, process, the NRC staff will prepare a The U.S. Nuclear Regulatory 2034, respectively. The ONS ISFSI is concise summary of the determinations, Commission (NRC) is considering an needed to provide continued spent fuel and conclusions reached on the scope of application dated January 30, 2008, storage capacity so that the ONS can the environmental review including the from Duke Power Company LLC d/b/a continue to generate electricity. SNM– significant issues identified, and will Duke Energy Carolinas, LLC, (Duke) for 2503, if renewed for only the 20 year send this summary to each participant the renewal of its Special Nuclear term provided by the applicable in the scoping process for whom the Material (SNM) License SNM–2503, regulation, 10 CFR 72.42, will expire on staff has an address. The staff will then under the provisions of 10 CFR part 72, January 31, 2030, which is prepare and issue for comment the draft for the receipt, possession, storage and approximately 4 years before the FOLs EIS, which will be the subject of a transfer of spent fuel and other expire. During that time, Duke separate Federal Register notice and a radioactive materials associated with anticipates that the ISFSI will continue separate public meeting. Copies of the spent fuel storage at the Oconee Nuclear to be required for spent fuel storage in draft EIS will be available for public Station (ONS) Independent Spent Fuel concert with the ONS spent fuel pools inspection at the PDR through the Storage Installation (ISFSI), located at and the additional independent spent

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fuel installation on the ONS site, socioeconomics; air quality; water opportunity to comment on the constructed and operated under the 10 quality; geology and soils; endangered proposed action. The conclusions by all CFR part 72 general license (10 CFR and threatened species; noise; historic agencies consulted were consistent with 72.210). and cultural; scenic and visual; public the staff’s conclusions. It is unclear when DOE will begin to and occupational health; and waste III. Finding of No Significant Impact accept spent nuclear fuel at the Federal management as a result of the proposed geological repository mandated by the action. Based on this assessment, the On the basis of the EA, the NRC staff Nuclear Waste Policy Act of 1982. NRC staff has determined that no concludes that there are no significant Development of the repository significant radiological or non- radiological or non-radiological impacts continues to experience delays and it is radiological impact from normal associated with the proposed action and not projected to commence operation operations of the ISFSI during the 40 that issuance of renewal of the license until 2017, at the earliest. Even if DOE year renewal period are expected. The for the interim storage of spent nuclear does begin taking spent fuel in 2017, it ISFSI is a passive facility that produces fuel at the ONS ISFSI for a renewal term is unlikely that the ISFSI could be no liquid or gaseous effluents and of 40 years will have no significant emptied of spent fuel before 2030. requires no power or regular impact on the quality of the human Duke’s most recent decommissioning maintenance. The license renewal environment. Therefore, pursuant to 10 analyses, which assume DOE accepts request does not require altering the site CFR 51.31 and 51.32, a finding of no ONS spent fuel beginning in 2015, footprint nor does it change the significant impact is appropriate and an project operation of the ISFSI licensed operating processes of the existing EIS need not be prepared for the under SNM–2503, the subject of this facility; therefore there are no renewal of SNM–2503. proposed action, and the ISFSI operated anticipated impacts in any of the above IV. Further Information under the general license, through 2044. listed environmental categories. Offsite shipment of the spent fuel The radiological dose rates from the Documents related to this action, from the ISFSI prior to a 2030 expiration ISFSI will be limited by the design of including the application for renewal of of the renewed license would not be the horizontal storage module. SNM–2503 and supporting practical for a variety of reasons. Occupational dose estimates from documentation, are available Currently, there are no commercial or routine monitoring activities and electronically at the NRC’s Electronic federal facilities available to accept transfer of spent fuel for disposal must Reading Room at http://www.nrc.gov/ spent fuel. If such a facility becomes be maintained ‘‘as low as is reasonably reading-rm/adams.html. From this site, available, shipment would require achievable’’ (ALARA) and must be you can access the NRC’s Agency-wide repackaging of the spent fuel since the within the limits of 10 CFR 20.1201 per Document Access and Management ISFSI canisters are not licensed for the ONS radiation protection program. System (ADAMS), which provides text transport. Spent fuel shipping The annual dose to the nearest potential and image files of NRC’s public containers would have to be either member of the public from ISFSI documents. The ADAMS accession leased or purchased. Also, this would activities remains significantly below numbers for the documents related to result in considerable occupational the annual dose limits specified in10 this notice are: exposure for both ONS personnel and CFR 72.104 and 10 CFR 20.1301(a). The personnel at the receiving facility. cumulative dose to an individual offsite DOCUMENT ADAMS ACCESSION Finally, the spent fuel would still have from all site activities will be less than NUMBER to be shipped to the repository once it the limits specified in 10 CFR 72.104 becomes available. and 10 CFR 20.1301. These doses are ONS ISFSI License Renewal ML081280084 Transfer of the spent fuel from the also a small fraction of the doses Application (Duke’s envi- SNM–2503 ISFSI into the ONS general resulting from naturally occurring ronmental report is at En- license ISFSI, prior to a 2030 expiration terrestrial and cosmic radiation of about closure 3, Appendix E of of SNM–2503, would also not be 300 mrem/yr in the vicinity of the ONS the application). Consultation Letters: Section ML081410669 practical. As the ISFSI storage units are ISFSI. 106 and Section 7. not approved for use under the general Therefore, the NRC staff concludes FWS Response Letter to ML081850455 license, this would require repackaging that the proposed action will not result Section 7 Request. the spent fuel assemblies from the ISFSI in a significant impact to human health SHPO Response e-mail to ML091271071 into general license storage units. The or the environment. section 106 Request. RAI for EA Review ...... ML083110387 cost of an additional 40 storage units Agencies and Persons Contacted coupled with the additional Environmental Assessment ... ML091340557 occupational exposure and the potential NRC staff consulted with other for fuel handling incidents, render this agencies regarding the proposed action, If you do not have access to ADAMS option impractical. including the U.S. Fish and Wildlife or if there are problems in accessing the Therefore, Duke, under 10 CFR 72.7, Service, the South Carolina State documents located in ADAMS, contact requests an exemption from the 20 year Historic Preservation Office, the the NRC Public Document Room (PDR) renewal term specified in 10 CFR 72.42, Economic Development Commission of Reference staff at 1–800–397–4209, 301– and seeks a 40 year renewal term for Oconee County, the Oconee County 415–4737 or by e-mail to SNM–2503, which would allow the Planning Office, the Oconee Soil and [email protected]. ISFSI to continue to store spent fuel Water Conservation District Office, the These documents may also be viewed until January 31, 2050. Oconee County Park, Recreation and electronically on the public computers Tourism office, and the School District located at the NRC’s PDR, O1F21, One Environmental Impacts of the Proposed of Oconee County. The consultations White Flint North, 11555 Rockville Action ensured that the requirements of Section Pike, Rockville, MD 20852. The PDR The NRC has prepared an EA that 7 of the Endangered Species Act and reproduction contractor will copy analyzed the impact of renewing SNM– Section 106 of the National Historic documents for a fee. 2503 on 12 environmental categories: Preservation Act were met and provided Dated at Rockville, Maryland, this 15th day land use; transportation; the designated liaison agency the of May 2009.

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For the Nuclear Regulatory Commission. SMALL BUSINESS ADMINISTRATION SUMMARY: This is a Notice of the Andrea Kock, Presidential declaration of a major [Disaster Declaration #11720 and #11721] Chief, Environmental Review Branch, disaster for Public Assistance Only for Environmental Protection and Performance Indiana Disaster Number IN–00030 the State of Mississippi (FEMA–1837– Assessment Directorate, Division of Waste DR), dated 05/12/2009. Management and Environmental Protection, AGENCY: U.S. Small Business Incident: Severe Storms, Flooding, Office of Federal and State Materials and Administration. Environmental Management Programs. and Tornadoes. ACTION: Amendment 1. [FR Doc. E9–11860 Filed 5–20–09; 8:45 am] Incident Period: 03/25/2009 through BILLING CODE 7590–01–P SUMMARY: This is an amendment of the 03/28/2009. Presidential declaration of a major DATES: Effective Date: 05/12/2009. disaster for the State of Indiana (FEMA– SMALL BUSINESS ADMINISTRATION 1832–DR), dated 04/22/2009. Physical Loan Application Deadline Incident: Severe Storms, Tornadoes, Date: 07/13/2009. [Disaster Declaration #11707 and #11708] and Flooding. Economic Injury (EIDL) Loan Incident Period: 03/08/2009 through Application Deadline Date: 02/12/2010. North Dakota Disaster Number ND– 03/14/2009. ADDRESSES: Submit completed loan 00016 DATES: Effective Date: 05/13/2009. Physical Loan Application Deadline applications to : U.S. Small Business AGENCY: U.S. Small Business Administration, Processing and Administration. Date: 06/22/2009. EIDL Loan Application Deadline Date: Disbursement Center, 14925 Kingsport ACTION: Amendment 2. 01/22/2010. Road, Fort Worth, TX 76155. SUMMARY: This is an amendment of the ADDRESSES: Submit completed loan FOR FURTHER INFORMATION CONTACT: A. Presidential declaration of a major applications to: U.S. Small Business Escobar, Office of Disaster Assistance, disaster for the State of North Dakota Administration, Processing and U.S. Small Business Administration, (FEMA–1829–DR), dated 04/10/2009. Disbursement Center, 14925 Kingsport 409 3rd Street, SW., Suite 6050, Incident: Severe Storms and Flooding. Road, Fort Worth, TX 76155. Washington, DC 20416. Incident Period: 03/13/2009 and FOR FURTHER INFORMATION CONTACT: A. SUPPLEMENTARY INFORMATION: Notice is continuing. Escobar, Office of Disaster Assistance, Effective Date: 05/13/2009. U.S. Small Business Administration, hereby given that as a result of the Physical Loan Application Deadline 409 3rd Street, SW., Suite 6050, President’s major disaster declaration on Date: 06/09/2009. Washington, DC 20416. 05/12/2009, Private Non-Profit organizations that provide essential EIDL Loan Application Deadline Date: SUPPLEMENTARY INFORMATION: The notice services of governmental nature may file 01/11/2010. of the Presidential disaster declaration ADDRESSES: Submit completed loan for the State of Indiana, dated 04/22/ disaster loan applications at the address applications to: U.S. Small Business 2009 is hereby amended to include the listed above or other locally announced Administration, Processing and following areas as adversely affected by locations. Disbursement Center, 14925 Kingsport the disaster: The following areas have been Road, Fort Worth, TX 76155. Primary Counties: (Physical Damage and determined to be adversely affected by FOR FURTHER INFORMATION CONTACT: A. Economic Injury Loans): Daviess, the disaster: Escobar, Office of Disaster Assistance, Lawrence, St Joseph. Primary Counties: Amite, Greene, U.S. Small Business Administration, Contiguous Counties: (Economic Injury 409 3rd Street, SW., Suite 6050, Jackson, Lawrence, Lincoln, Loans Only): Simpson, Stone, Walthall, Wayne, Washington, DC 20416. Indiana: Dubois, Greene, Jackson, Wilkinson. SUPPLEMENTARY INFORMATION: The notice Knox, Martin, Monroe, Orange, of the Presidential disaster declaration Pike, Washington. The Interest Rates are: for the State of North Dakota, dated 04/ Michigan: Cass. Percent 10/2009 is hereby amended to include All other information in the original the following areas as adversely affected declaration remains unchanged. Other (Including Non-Profit Orga- by the disaster: (Catalog of Federal Domestic Assistance nizations) With Credit Available Primary Counties: (Physical Damage Numbers 59002 and 59008) Elsewhere ...... 4.500 and Economic Injury Loans): James E. Rivera, Businesses and Non-Profit Orga- Ramsey, The Turtle Mountain Band nizations Without Credit Avail- of Chippewa Indian Reservation. Acting Associate Administrator for Disaster able Elsewhere ...... 4.000 Assistance. All other counties contiguous to the [FR Doc. E9–11880 Filed 5–20–09; 8:45 am] above named primary counties have The number assigned to this disaster BILLING CODE 8025–01–P previously been declared. for physical damage is 11746B and for All other information in the original economic injury is 11747B. declaration remains unchanged. SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance (Catalog of Federal Domestic Assistance [Disaster Declaration #11746 and #11747] Numbers 59002 and 59008) Numbers 59002 and 59008) James E. Rivera, James E. Rivera, Mississippi Disaster #MS–00030 Acting Associate Administrator for Disaster Acting Associate Administrator for Disaster AGENCY: U.S. Small Business Assistance. Assistance. Administration. [FR Doc. E9–11882 Filed 5–20–09; 8:45 am] [FR Doc. E9–11879 Filed 5–20–09; 8:45 am] ACTION: Notice. BILLING CODE 8025–01–P BILLING CODE 8025–01–P

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SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance Percent Numbers 59002 and 59008) [Disaster Declaration #11742 and #11743] Dated: May 14, 2009. Businesses & Small Agricultural 4.000 Cooperatives Without Credit Karen G. Mills, Mississippi Disaster #MS–00029 Available Elsewhere Administrator. AGENCY: U.S. Small Business Other (Including Non-Profit Orga- 4.500 Administration. [FR Doc. E9–11884 Filed 5–20–09; 8:45 am] nizations) With Credit Avail- BILLING CODE 8025–01–P able Elsewhere ACTION: Notice. Businesses and Non-Profit Orga- nizations Without Credit Avail- SUMMARY: This is a notice of an able Elsewhere ...... 4.000 Administrative declaration of a disaster SMALL BUSINESS ADMINISTRATION for the State of Mississippi dated 05/14/ The number assigned to this disaster [Disaster Declaration #11744 and #11745] 2009. for physical damage is 11744 5 and for Incident: Severe storms and flooding. economic injury is 11745 0. Incident Period: 05/06/2009 through Texas Disaster #TX–00336 The States which received an EIDL 05/08/2009. Declaration # are Texas, Oklahoma. Effective Date: 05/14/2009. AGENCY: U.S. Small Business Physical Loan Application Deadline Administration. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Date: 07/13/2009. ACTION: Notice. Economic Injury (EIDL) Loan Dated: May 14, 2009. Application Deadline Date: 02/15/2010. SUMMARY: This is a notice of an Karen G. Mills, ADDRESSES: Submit completed loan Administrative declaration of a disaster Administrator. applications to: U.S. Small Business for the State of Texas dated 05/14/2009. [FR Doc. E9–11886 Filed 5–20–09; 8:45 am] Administration, Processing and BILLING CODE 8025–01–P Disbursement Center, 14925 Kingsport Incident: Wildland Fires. Road, Fort Worth, TX 76155. Incident Period: 04/07/2009 Through FOR FURTHER INFORMATION CONTACT: A. 04/12/2009. SMALL BUSINESS ADMINISTRATION Escobar, Office of Disaster Assistance, Effective Date: 05/14/2009. [Disaster Declaration #11748 and #11749] U.S. Small Business Administration, Physical Loan Application Deadline 409 3rd Street, SW., Suite 6050, Date: 07/13/2009. Texas Disaster #TX–00338 Washington, DC 20416. Economic Injury (EIDL) Loan SUPPLEMENTARY INFORMATION: Notice is AGENCY: U.S. Small Business Application Deadline Date: 02/15/2010. hereby given that as a result of the Administration. Administrator’s disaster declaration, ADDRESSES: Submit completed loan ACTION: Notice. applications for disaster loans may be applications to: U.S. Small Business filed at the address listed above or other Administration, Processing and SUMMARY: This is a notice of an locally announced locations. Disbursement Center, 14925 Kingsport Administrative declaration of a disaster The following areas have been Road, Fort Worth, TX 76155. for the State of TEXAS dated 05/15/ determined to be adversely affected by 2009. the disaster: FOR FURTHER INFORMATION CONTACT: A. Incident: Severe Storm and Flooding. Escobar, Office of Disaster Assistance, Primary Counties: Panola. Incident Period: 04/27/2009 through U.S. Small Business Administration, Contiguous Counties: 04/28/2009. Mississippi: Lafayette, Quitman, 409 3rd Street, SW., Suite 6050, Effective Date: 05/15/2009. Tallahatchie, Tate, Tunica, Washington, DC 20416. Physical Loan Application Deadline Date: 07/14/2009. Yalobusha. SUPPLEMENTARY INFORMATION: Notice is Economic Injury (EIDL) Loan The Interest Rates are: hereby given that as a result of the Administrator’s disaster declaration, Application Deadline Date: 02/15/2010. Percent applications for disaster loans may be ADDRESSES: Submit completed loan filed at the address listed above or other applications to: U.S. Small Business Homeowners with Credit Available locally announced locations. Administration, Processing and Elsewhere ...... 4.875 Disbursement Center, 14925 Kingsport The following areas have been Homeowners without Credit Avail- Road, Fort Worth, TX 76155. able Elsewhere ...... 2.437 determined to be adversely affected by FOR FURTHER INFORMATION CONTACT: A. Businesses with Credit Available the disaster: Escobar, Office of Disaster Assistance, Elsewhere ...... 6.000 Primary Counties: Montague. Businesses & Small Agricultural U.S. Small Business Administration, Cooperatives without Credit Contiguous Counties: 409 3rd Street, SW., Suite 6050, Available Elsewhere ...... 4.000 Texas: Clay, Cooke, Jack, Wise. Washington, DC 20416. Other (Including Non-Profit Orga- SUPPLEMENTARY INFORMATION: Notice is Oklahoma: Jefferson, Love. nizations) with Credit Available hereby given that as a result of the Elsewhere ...... 4.500 The Interest Rates are: Administrator’s disaster declaration, Businesses and Non-Profit Orga- nizations without Credit Avail- applications for disaster loans may be Percent able Elsewhere ...... 4.000 filed at the address listed above or other locally announced locations. Homeowners With Credit Avail- The number assigned to this disaster The following areas have been able Elsewhere ...... 4.375 determined to be adversely affected by for physical damage is 11742 B and for Homeowners Without Credit economic injury is 11743 0. Available Elsewhere ...... 2.187 the disaster: The State which received an EIDL Businesses With Credit Available Primary Counties: Harris. Declaration # is Mississippi. Elsewhere ...... 6.000 Contiguous Counties:

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Texas: Brazoria, Chambers, Fort Bend, SUPPLEMENTARY INFORMATION: The notice proprietary information. If you submit Galveston, Liberty, Montgomery, of the President’s major disaster an e-mail comment, your e-mail address Waller. declaration for Private Non-Profit will be captured automatically and The Interest Rates are: organizations in the State of North included as part of the comment that is Dakota, dated 03/24/2009, is hereby placed in the public docket and made Percent amended to include the following areas available on the Internet. as adversely affected by the disaster. Homeowners With Credit Avail- FOR FURTHER INFORMATION CONTACT: able Elsewhere ...... 4.875 Primary Counties: Rolette, Sheridan, Office of Science and Technology Homeowners Without Credit The Turtle Mountain Band of Policy, Attn: Open Government, 725 Available Elsewhere ...... 2.437 Chippewa Indian Reservation. 17th Street, NW., Washington, DC Businesses With Credit Available All other information in the original 20502. Elsewhere ...... 6.000 declaration remains unchanged. Businesses & Small Agricultural SUPPLEMENTARY INFORMATION: In his Cooperatives Without Credit (Catalog of Federal Domestic Assistance January 21, 2009, Presidential Available Elsewhere ...... 4.000 Numbers 59002 and 59008) Memorandum to the Heads of Executive Other (Including Non-Profit Orga- James E. Rivera, Departments and Agencies, published in nizations) With Credit Available Acting Associate Administrator for Disaster the Federal Register [74 FR 4685, Elsewhere ...... 4.500 January 26, 2009], the President Businesses and Non-Profit Orga- Assistance. nizations Without Credit Avail- [FR Doc. E9–11881 Filed 5–20–09; 8:45 am] outlined three principles for promoting able Elsewhere ...... 4.000 BILLING CODE 8025–01–P a transparent and open government: • Transparency promotes The number assigned to this disaster accountability and provides information for physical damage is 11748 6 and for OFFICE OF SCIENCE AND to citizens about what their Government economic injury is 11749 0. TECHNOLOGY POLICY is doing; The State which received an EIDL • Participation enhances the Declaration # is Texas. Executive Office of the President; Government’s effectiveness and (Catalog of Federal Domestic Assistance Transparency and Open Government improves the quality of its decisions by Numbers 59002 and 59008) tapping knowledge that is widely SUMMARY: The President’s January 21, dispersed in society; and Dated: May 15, 2009. 2009, memorandum entitled, • Collaboration harnesses innovative Karen G. Mills, Transparency and Open Government, tools, methods, and systems to promote Administrator. directed the Chief Technology Officer, cooperation across all levels of [FR Doc. E9–11883 Filed 5–20–09; 8:45 am] in coordination with the Office of Government and with the private sector. BILLING CODE 8025–01–P Management and Budget (OMB) and the General Services Administration (GSA), The Presidential Memorandum requests to develop a set of recommendations recommendations to inform an OMB SMALL BUSINESS ADMINISTRATION that will inform an Open Government Directive that will instruct executive [Disaster Declaration #11694 and #11695] Directive. This directive will be issued departments and agencies on specific by OMB and will instruct executive actions to implement the three North Dakota Disaster Number ND– departments and agencies on specific principles of transparency, 00015 actions to implement the principles set participation, and collaboration. forth in the President’s memorandum. The purpose of this Federal Register AGENCY: U.S. Small Business Members of the public are invited to notice is to solicit public participation Administration. participate in the process of developing in the development of those ACTION: Amendment 2. recommendations via email or the recommendations. There is a great deal of dispersed information among the SUMMARY: This is an amendment of the White House Web site at http:// Presidential declaration of a major www.whitehouse.gov/open offering nation’s citizens. With twenty-first disaster for Public Assistance Only for comments, ideas, and proposals about century tools, the United States is in a the State of North Dakota (FEMA–1829– possible initiatives and about how to unique position to take advantage of DR), dated 03/24/2009. increase openness and transparency in that dispersed information to inform the Incident: Severe Storms and Flooding. government. policymaking process. Our goal is to use Incident Period: 03/13/2009 and DATES: Comments must be received by the principles of open government to continuing. June 19, 2009. obtain fresh ideas about open government itself. Effective Date: 05/13/2009. ADDRESSES: Submit comments by one of Physical Loan Application Deadline the following methods: Comments on open government may Date: 05/26/2009. • http://www.whitehouse.gov/open. relate to government-wide or agency- Economic Injury (EIDL) Loan • E-mail: [email protected]. specific policy, project ideas, and Application Deadline Date: 12/24/2009. • Mail: Office of Science and relevant examples. Comments may ADDRESSES: Submit completed loan Technology Policy, Attn: Open address law, policy, technology, culture, applications to: U.S. Small Business Government Recommendations, 725 and practice on issues such as: • Administration, Processing and 17th Street, Washington, DC 20502. What government information Disbursement Center, 14925 Kingsport Comments submitted in response to should be more readily available on-line Road, Fort Worth, TX 76155. this notice could be made available to or more easily searched? FOR FURTHER INFORMATION CONTACT: A. the public online or by alternative • How might the operations of Escobar, Office of Disaster Assistance, means. For this reason, please do not government be made more transparent U.S. Small Business Administration, include in your comments information and accountable? 409 3rd Street, SW., Suite 6050, of a confidential nature, such as • How might federal advisory Washington, DC 20416. sensitive personal information or committees, rulemaking, or electronic

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rulemaking be better used to improve the Commission. The Commission is A. Self-Regulatory Organization’s decisionmaking? publishing this notice to solicit Statement of the Purpose of, and • What alternative models exist to comments on the proposed rule change Statutory Basis for, the Proposed Rule improve the quality of decisionmaking from interested persons. Change and increase opportunities for citizen 1. Purpose participation? I. Self-Regulatory Organization’s • What are the limitations to Statement of the Terms of Substance of This proposed rule change is based transparency? the Proposed Rule Change directly on recent rule change proposals • What strategies might be employed of NASDAQ OMX PHLX, Inc. (‘‘Phlx’’) 5 Nasdaq proposes for NOM to modify 6 to adopt greater use of Web 2.0 in and other option exchanges. agencies? Chapter IV, Section 3 (Criteria for This rule change is being proposed, • What policy impediments to Underlying Securities) and Section 4 subsequent to the merger of The innovation in government currently (Withdrawal of Approval of Underlying NASDAQ OMX Group, Inc. (‘‘NASDAQ exist? Securities) of its options rules to: (1) OMX’’) and the Philadelphia Stock • What changes in training or hiring Enable listing and trading of options on Exchange, Inc. (now NASDAQ OMX 7 of personnel would enhance equity index-linked securities, PHLX), to more closely align, to the innovation? commodity-linked securities, currency- extent practicable, certain listing rules 8 • What performance measures are linked securities, fixed income index- of the Exchange (NOM) and Phlx. necessary to determine the effectiveness linked securities, futures-linked Chapter IV, Sections 3 and 4 (referred of open government policies? securities, and multifactor index-linked to in this filing as ‘‘Sections 3 and 4’’ or individually as ‘‘Section 3’’ and This public process is not intended to, securities (collectively referred to as ‘‘Section 4’’) generally indicate on and does not, create any right or benefit, ‘‘Index-Linked Securities’’) that are which underlying securities the substantive or procedural, enforceable at principally traded on a national Exchange may initially list and continue law or in equity by any party against the securities exchange and an ‘‘NMS to list options. The purpose of the United States, its departments, agencies, stock’’ as defined in Rule 600 of proposed rule change is to revise or entities, its officers, employees, or Regulation NMS; (2) enable listing and Sections 3 and 4 to enable the listing agents, or any other person. trading of options on Index Multiple and trading of options on: Index-Linked John P. Holdren, Exchange Traded Fund Shares (‘‘Index Securities that are principally traded on Director, Office of Science and Technology Multiple ETFs’’) and Index Inverse a national securities exchange and an Policy. Exchange Traded Fund Shares (‘‘Index ‘‘NMS stock’’ as defined in Rule 600 of [FR Doc. E9–12026 Filed 5–20–09; 8:45 am] Inverse ETFs’’); (3) enable listing and Regulation NMS; Index Multiple ETFs BILLING CODE 3170–W9–P trading of options on certain funds that and Index Inverse ETFs (together known hold specified non-U.S. currencies as ‘‘Multiple Inverse ETFs’’); Currency (‘‘Currency Trust Shares’’); and (4) 5 SECURITIES AND EXCHANGE enable listing and trading of options on See Securities Exchange Act Release Nos. 58571 (September 17, 2008), 73 FR 55188 (September 24, COMMISSION commodity pool interests that hold and/ 2008) (SR–Phlx–2008–60) (notice of filing and or manage portfolios or baskets of immediate effectiveness regarding Index-Linked [Release No. 34–59923; File No. SR– securities, commodity futures contracts, Securities and Currency Trust Shares); 57715 (April NASDAQ–2009–046] 25, 2009), 73 FR 23518 (April 30, 2008) (SR–Phlx– options on commodity futures contracts, 2008–30) (notice of filing and immediate Self-Regulatory Organizations; The swaps, forward contracts and/or options effectiveness regarding Index Multiple ETFs and NASDAQ Stock Market LLC; Notice of on physical commodities and/or non- Index Inverse ETFs); and 55951 (June 25, 2007), 72 U.S. currency (‘‘Commodity Pool FR 37298 (July 9, 2007) (SR–Phlx–2007–35) Filing and Immediate Effectiveness of (approval order regarding Commodity Pool ETFs). Proposed Rule Change Relating to the ETFs’’). 6 See, regarding Index-Linked Securities, Criteria for Securities That Underlie The text of the proposed rule change Exchange Act Release Nos. 58204 (July 22, 2008), Options Traded on the Exchange 73 FR 43807 (July 28, 2008) (SR–CBOE–2008–64) is available from Nasdaq’s Web site at (approval order); and 58985 (November 20, 2008), May 14, 2009. http://nasdaq.cchwallstreet.com, at 73 FR 72538 (November 28, 2008) (SR–ISE–2008– Nasdaq’s principal office, and at the 86) (notice of filing and immediate effectiveness). Pursuant to Section 19(b)(1) of the See also, regarding Index Multiple ETFs and Index Securities Exchange Act of 1934 Commission’s Public Reference Room. Inverse ETFs, Exchange Act Release No. 56715 1 2 (‘‘Act’’) and Rule 19b-4 thereunder, II. Self-Regulatory Organization’s (October 29, 2007), 72 FR 62287 (November 2, 2007) notice is hereby given that on May 8, (SR–CBOE–2007–119) (approval order); and 56871 Statement of the Purpose of, and (November 30, 2007), 72 FR 68924 (December 6, 2009, The NASDAQ Stock Market LLC Statutory Basis for, the Proposed Rule 2007) (SR–ISE–2007–87) (approval order). See also, (‘‘Nasdaq’’) filed with the Securities and regarding Commodity Pool Units (ETFs), 55630 Change Exchange Commission (‘‘SEC’’ or (April 13, 2007), 72 FR 19993 (April 20, 2007) (SR– ‘‘Commission’’) the proposed rule CBOE–2007–21) (approval order); and 55635 (April In its filing with the Commission, 16, 2007), 72 FR 19999 (April 20, 2007) (SR–ISE– change as described in Items I and II Nasdaq included statements concerning 2007–16) (approval order). See also, regarding below, which Items have been prepared the purpose of, and basis for, the Currency Trust Shares, Securities Exchange Act by Nasdaq. Nasdaq filed the proposed proposed rule change. The text of these Release No. 54983 (December 20, 2006), 71 FR rule change as a ‘‘non-controversial’’ 78476 (December 29, 2006) (AMEX–2006–87) statements may be examined at the (approval order). proposed rule change pursuant to places specified in Item IV below. 7 See Securities Exchange Act Release No. 58179 3 Section 19(b)(3)(A) of the Act and Rule Nasdaq has prepared summaries, set (July 17, 2008), 73 FR 42874 (July 23, 2008) (SR– 19b-4(f)(6) thereunder,4 which renders Phlx–2008–31). See also Securities Exchange Act forth in Sections A, B, and C below, of the proposal effective upon filing with Release No. 58183 (July 17, 2008), 73 FR 26182 the most significant aspects of such (May 8, 2008) (SR–NASDAQ–2008–035). 8 See, e.g., Securities Exchange Act Release No. 1 statements. 15 U.S.C. 78s(b)(1). 59697 (April 2, 2009), 74 FR 16249 (April 9, 2009), 2 17 CFR 240.19b-4. (SR–Phlx–2009–23) (notice of filing); and 59794 3 15 U.S.C. 78s(b)(3)(A). (April 20, 2009), 74 FR 18761 (April 24, 2009) (SR– 4 17 CFR 240.19b-4(f)(6). Phlx–2009–17) (approval order).

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Trust Shares; and Commodity Pool index of any of the foregoing (‘‘Currency the option as described in the Index- ETFs. Reference Asset’’); Linked Securities prospectus. (4) Fixed Income Index-Linked Index-Linked Securities Securities are securities that provide for Continued Listing Requirements (Index- Index-Linked Securities are designed the payment at maturity of a cash Linked Securities) for investors who desire to participate in amount based on the performance of The Exchange proposes to establish a specific market segment by providing one or more notes, bonds, debentures or exposure to one or more identifiable evidence of indebtedness that include, new Section 4(k), which will include underlying securities, commodities, but are not limited to, U.S. Department criteria related to the continued listing currencies, derivative instruments or of Treasury securities (‘‘Treasury of options on Index-Linked Securities. market indexes of the foregoing Securities’’), government sponsored Under the applicable continued (‘‘Underlying Index’’ or ‘‘Underlying entity securities (‘‘GSE Securities’’), listing criteria proposed in Section 4(k), Indexes’’). Index-Linked Securities are municipal securities, trust preferred options on Index Linked Securities the non-convertible debt of an issuer securities, supranational debt and debt initially approved for trading pursuant that have a term of at least one (1) year of a foreign country or a subdivision to proposed Section 3(l) may be subject but not greater than thirty (30) years. thereof or a basket or index of any of the to the suspension of opening Despite the fact that Index-Linked foregoing (‘‘Fixed Income Reference transactions as follows: (1) Non- Securities are linked to an underlying Asset’’); compliance with the terms of Section index, each trades as a single, exchange- (5) Futures-Linked Securities are 3(l); (2) non-compliance with the terms listed security. Accordingly, rules securities that provide for the payment of Section 4(b), except in the case of pertaining to the listing and trading of at maturity of a cash amount based on standard equity options will apply to the performance of an index of (a) options covering Index Linked Index-Linked Securities. futures on Treasury Securities, GSE Securities approved pursuant to Section Securities, supranational debt and debt 3(l)(iii)2 that are redeemable at the Listing Criteria (Index-Linked of a foreign country or a subdivision option of the holder at least on a weekly Securities) thereof, or options or other derivatives basis, then option contracts of the class Currently, there is no provision in the on any of the foregoing; or (b) interest covering such securities may only Exchange’s initial listing rules, which rate futures or options or derivatives on continue to be open for trading as long are found in Section 3, for trading the foregoing in this subparagraph (b) as the securities are listed on a national options on Index-Linked Securities. The (‘‘Futures Reference Asset’’); and securities exchange and are an ‘‘NMS Exchange will consider listing and (6) Multifactor Index-Linked stock’’ as defined in Rule 600 of trading options on Index-Linked Securities are securities that provide for Regulation NMS; (3) in the case of any Securities provided that they meet the the payment at maturity of a cash Index-Linked Security trading pursuant new criteria for underlying securities set amount based on the performance of to Section 3(l), the value of the forth in Section 3. any combination of two or more Equity Reference Asset is no longer calculated The Exchange proposes to add new Reference Assets, Commodity Reference or available; or (4) such other event subsection (l) to Section 3, which Assets, Currency Reference Assets, shall occur or condition exist that in the indicates that six types of Index-Linked Fixed Income Reference Assets or opinion of the Exchange makes further Securities are deemed appropriate for Futures Reference Assets (‘‘Multifactor dealing in such options on the Exchange options representing ownership of a Reference Asset’’). For the purposes of security that provides for the payment at Section 3(l), Equity Reference Assets, inadvisable. maturity, as described below: Commodity Reference Assets, Currency The Exchange represents that the (1) Equity Index-Linked Securities are Reference Assets, Fixed Income listing and trading of options on Index- securities that provide for the payment Reference Assets, Futures Reference Linked Securities under Section 3(l) at maturity of a cash amount based on Assets and Multifactor Reference Assets, will not have any effect on the rules the performance of an underlying index will be collectively referred to as pertaining to position and exercise or indexes of equity securities (‘‘Equity ‘‘Reference Assets.’’ Index-Linked limits 10 or margin.11 Options on Index- Reference Asset’’); Securities must meet the criteria and Linked Securities will be subject to all (2) Commodity-Linked Securities are guidelines for underlying securities set rules governing the trading of equity securities that provide for the payment forth in Section 3(b), or the Index- options and the current continuing or at maturity of a cash amount based on Linked Securities must be redeemable at maintenance listing standards for the performance of one or more physical the option of the holder at least on a options trading on the Exchange. commodities or commodity futures, weekly basis through the issuer at a options or other commodity derivatives price related to the applicable The Exchange represents that its or Commodity-Based Trust Shares or a underlying Reference Asset. In addition, existing surveillance procedures basket or index of any of the foregoing the issuing company is obligated to applicable to trading in options are (‘‘Commodity Reference Asset’’); issue or repurchase the securities in adequate to properly monitor the (3) Currency-Linked Securities are aggregation units for cash or cash trading in options on Index-Linked securities that provide for the payment equivalents satisfactory to the issuer of Securities and to deter and detect at maturity of a cash amount based on Index-Linked Securities which underlie violations of Exchange rules.12 the performance of one or more currencies, or options or currency owner to receive the specified non-U.S. currency or futures or other currency derivatives or currencies; and (c) pays the beneficial owner 10 Currency Trust Shares 9 or a basket or interest and other distributions on deposited non- See NOM Rules Chapter III, Sections 7 and 8; U.S. currency or currencies, if any, declared and Chapter XIV, Sections 7 and 8; Chapter III, Section paid by the trust. See proposed Section 3(i), which 9; and Chapter XIV, Section 9. 9 ‘‘Currency Trust Shares’’ is defined as a security is based on Commentary .06 to Phlx Rule 1009. See 11 See NOM Rules Chapter VIII. that: (a) Holds a specified non-U.S. currency also Securities Exchange Act Release No. 58571 deposited with the trust or similar entity; (b) when (September 17, 2008), 73 FR 55188 (September 24, 12 See, e.g., Section 3(l)(iv)(discussing, among aggregated in some specified minimum number 2008)(SR–Phlx–2008–60)(notice of filing and other things, comprehensive surveillance may be surrendered to the trust by the beneficial immediate effectiveness). agreements).

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Index Multiple ETFs and Index Inverse The remainder of any assets is devoted Shares) that may include Partnership ETFs to Financial Instruments that are Units,18 Index Multiple ETFs and Index Index Multiple ETFs 13 seek to intended to create the additional needed Inverse ETFs must be traded on a provide investment results, before fees exposure to such underlying index national securities exchange and must and expenses, that correspond to a necessary to pursue its investment be an ‘‘NMS stock’’ as defined under specified multiple of the percentage objective. Normally, 100% of the value Rule 600 of Regulation NMS. In performance on a given day of a of the underlying portfolios of Index addition, securities deemed appropriate particular foreign or domestic stock Inverse ETFs will be devoted to for options trading must meet either: (i) index. Index Inverse ETFs seek to Financial Instruments and money The criteria and guidelines under provide investment results, before fees market instruments, including U.S. Chapter 3, Section 3(b); or (ii) be and expenses, that correspond to the government securities and repurchase available for creation or redemption inverse (opposite) of the percentage agreements. each business day in cash or in kind from the investment company, performance on a given day of a Listing Criteria (Index Multiple ETFs commodity pool19 or other entity at a particular foreign or domestic stock and Index Inverse ETFs) index by a specified multiple. Index price related to net asset value. In Currently, there is no provision in the Multiple ETFs and Index Inverse ETFs addition, the investment company, Exchange’s initial listing rules for differ from traditional exchange-traded commodity pool or other entity shall trading options on Index Multiple ETFs fund shares in that they do not merely provide that shares may be created even or Index Inverse ETFs. Section 3(i) correspond to the performance of a though some or all of the securities and/ currently provides that securities given index, but rather attempt to match or cash (in lieu of the Financial deemed appropriate for options trading a multiple or inverse of such underlying Instruments) needed to be deposited shall include shares or other securities index performance.14 The ProShares have not been received by the unit (‘‘Fund Shares’’) that represent interests Ultra Funds, which currently trade on investment trust or the management in registered investment companies (or NYSE Arca and traded on the American investment company, provided the series thereof) organized as open-end Stock Exchange (‘‘Amex’’), is an authorized creation participant has management investment companies, example of an Index Multiple ETF. undertaken to deliver the shares and/or unit investment trusts or similar entities NYSE Arca also currently lists for cash as soon as possible and such that are principally traded on a national trading Index Inverse ETFs, namely the undertaking has been secured by the securities exchange or through the Short Funds and the UltraShort delivery and maintenance of collateral facilities of a national securities Funds.15 consisting of cash or cash equivalents Generally, in order to achieve association and reported as ‘‘national satisfactory to the fund which underlies investment results that provide either a market’’ securities, and that hold the option as described in the positive multiple or inverse of the portfolios of securities comprising or prospectus. benchmark index, Index Multiple ETFs otherwise based on or representing The Exchange proposes to also make or Index Inverse ETFs may hold a investments in indexes or portfolios of clarifying changes to Section 3(i) to combination of financial instruments, securities (or that hold securities in one conform it to Commentary .06 of Phlx including, among other things: Stock or more other registered investment Rule 1009, as well as the rules of other index futures contracts; options on companies that themselves hold such option exchanges, regarding interests in futures; options on securities and portfolios of securities) (‘‘Funds ‘‘) or a fund or trust that holds a specified represent interests in the SPDR Gold non-U.S. currency or currencies, and indexes; equity caps, collars and floors; 16 swap agreements; forward contracts; Trust. surveillance agreements in respect The Exchange proposes to amend 20 repurchase agreements; and reverse thereof. Thus, the Exchange proposes Section 3(i) to indicate that Index repurchase agreements. The underlying to amend its Section 3(i) to expand the Multiple ETFs or Index Inverse ETFs are portfolios of Index Multiple ETFs type of options to include options on deemed appropriate for options trading. generally will hold at least 85% of their funds (trusts) that represent an interest Section 3(i) is expanded to indicate that assets in the component securities of the in a trust or other similar entity that options eligible for listing and trading underlying relevant benchmark index. holds specified non-U.S. currency or include those that are based on Index currencies deposited with the trust or Multiple ETFs and Index Inverse ETFs 13 ETFs are also know as ‘‘Fund Shares’’ or ‘‘Funds;’’ these terms may be used interchangeably. that may hold or invest in any 18 ‘‘Partnership Unit’’ is defined as a security that: 14 Index Multiple ETFs and Index Inverse ETFs combination of securities, Financial (a) Is issued by a partnership that invests in any together may be known as ‘‘Multiple-Inverse ETFs.’’ Instruments and/or Money Market combination of futures contracts, options on futures 15 See Securities Exchange Act Release Nos. Instruments.17 contracts, forward contracts, commodities (as 52553 (October 3, 2005), 70 FR 59100 (October 11, As further set forth in proposed defined in Section 1(a)(4) of the Commodity Exchange Act) and/or securities; and (b) is issued 2005)(SR–AMEX–2004–62)(approving the listing amended Section 3(l), securities deemed and trading of Ultra Funds and Short Funds) and and redeemed daily in specified aggregate amounts 54040 (June 23, 2006), 71 FR 37629 (June 30, appropriate for options trading (Fund at net asset value. See proposed Section 3(m), 2006)(SR–AMEX–2006–41)(approving the listing which is based on Commentary .06 to Phlx Rule and trading of the UltraShort Funds). The Ultra 16 Similarly to Commentary .06 to Phlx Rule 1009, 1009. Funds are expected to gain, on a percentage basis, the Exchange proposes to indicate in Section 3(i) 19 Commodity pool interests that are principally approximately twice (200%) as much as the that these interests may be in the SPDR Gold Trust engaged, directly or indirectly, in holding and/or underlying benchmark index and should lose or issued by the iShares COMEX Gold Trust or managing portfolios or baskets of securities, approximately twice (200%) as much as the iShares Silver Trust. commodity futures contracts, options on underlying benchmark index when such prices 17 ‘‘Financial Instruments’’ are defined to include commodity futures contracts, swaps, forward decline. The Short Funds are expected to achieve stock index futures contracts, options on futures, contracts and/or options on physical commodities investment results, before fees and expenses, that options on securities and indexes, equity caps, and/or non-U.S. currency are known as correspond to the inverse or opposite of the daily collars and floors, swap agreements, forward ‘‘Commodity Pool ETFs.’’ See Chapter IV, Section performance (¥100%) or an underlying benchmark contracts, repurchase agreements and reverse 3(i), which is based on Commentary .06 to Phlx index. Lastly, the UltraShort Funds are expected to repurchase agreements. ‘‘Money Market Rule 1009. achieve investment result, before fees and expenses, Instruments’’ are defined to include U.S. 20 Section 3(i) as proposed, and Commentary .06 that correspond to twice the inverse or opposite of government securities and repurchase agreements. to Phlx Rule 1009, are substantially similar to the daily performance (¥200%) of the underlying See Section 3(i), which is based on Commentary .06 Interpretation and Policy .06(ii) and (v)(D) to CBOE benchmark index. to Phlx Rule 1009. Rule 5.3 and ISE Rule 502(h)(ii) and (h)(B)(4).

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similar entity (Currency Trust Shares). eligible for continued listing and trading Commodity Pool ETFs may hold or The Exchange is also proposing to include those that are based on Index trade in one or more types of require in Section 3(i)(iv) that for Funds Multiple ETFs and Index Inverse ETFs investments that may include any that hold specified non-U.S. currencies that may hold or invest in any combination of securities, commodity deposited with the trust, the Exchange combination of securities, Financial futures contracts, options on commodity will have entered into a comprehensive Instruments and/or Money Market futures contracts, swaps, and forward surveillance sharing agreement with the Instruments. contracts. marketplace or marketplaces with last The Exchange represents that the Listing Criteria and Continued Listing sale reporting that represent(s) the listing and trading of options on Index Requirements (Commodity Pool ETFs) highest volume in derivatives (options Multiple ETFs and Index Inverse ETFs or futures) on the non-U.S. currency or will not have any effect on the rules Currently, there is no provision in the currencies, which are utilized by the pertaining to position and exercise Exchange’s initial listing rules for national securities exchange where the limits 23 or margin.24 Options on Index trading options on Commodity Pool underlying Funds are listed and Multiple ETFs and Index Inverse ETFs ETFs. traded.21 will be subject to all rules governing the The Exchange proposes to amend trading of equity options and the current Section 3(i) to indicate that, similarly to Continued Listing Requirements (Index continuing or maintenance listing Index-Linked Securities and Index Multiple ETFs and Index Inverse ETFs) standards for options trading on the Multiple ETFs and Index Inverse ETFs, The Exchange proposes to amend Exchange. Commodity Pool ETFs are deemed Section 4 to indicate that the index or This proposal is necessary to enable appropriate for options trading. As such, portfolio may consist of various the Exchange to list and trade options Commodity Pool ETFs are proposed to securities, Financial Instruments and/or on the shares of funds such as the Short represent commodity pool interests Money Market Instruments. The Fund and UltraShort Fund of the principally engaged, directly or Exchange proposes to clarify that the ProShares Trust.25 The proposed indirectly, in holding and/or managing relevant instruments have to be an amendment is also necessary to enable portfolios or baskets of securities, ‘‘NMS stock’’ under Rule 600 of the Exchange to continue to list and commodity futures contracts, options on Regulation NMS. Under the applicable trade interests in Funds that hold commodity futures contracts, swaps, continued listing criteria in Section specified non-U.S. currencies. The forward contracts and/or options on 4(h), options on ETFs may be subject to Exchange believes that the ability to physical commodities and/or non-U.S. the suspension of opening transactions trade options on these products will currency.29 To be eligible for options as follows: (1) Following the initial provide investors with greater risk trading, Commodity Pool ETFs, like twelve-month period beginning upon management tools. other option eligible securities, must be the commencement of trading of the The Exchange represents that its registered with the SEC and be an ‘‘NMS ETFs, there are fewer than 50 record existing surveillance procedures stock’’ as defined in Rule 600 of and/or beneficial holders of the ETFs for applicable to trading in options are Regulation NMS under the Exchange 30 or more consecutive trading days; (2) adequate to properly monitor the Act. the value of the index or portfolio of trading in options on Index Multiple The Exchange also proposes in securities, non-U.S. currency, or ETFs and Index Inverse ETFs and to Section 3 to establish a comprehensive portfolio of commodities including deter and detect violations of Exchange surveillance agreement requirement for 26 30 commodity futures contracts, options on rules. Commodity Pool ETFs. The Exchange represents that its existing surveillance commodity futures contracts, swaps, Commodity Pool ETFs procedures applicable to trading in forward contracts and/or options on Commodity Pool ETFs directly or options are adequate to properly physical commodities and/or Financial indirectly trade commodity futures monitor the trading in options on Instruments and Money Market products. As such, Commodity Pool Commodity Pool ETFs and to deter and Instruments on which Fund Shares ETFs are subject to the Commodity detect violations of Exchange rules. (ETFs) are based is no longer calculated Exchange Act due to their status as a The listing and trading of options on or available; or (3) such other event commodity pool,27 and therefore are Commodity Pool ETFs will not have any occurs or condition exists that in the regulated by the Commodity Futures opinion of the Exchange makes further Trading Commission (‘‘CFTC’’).28 exclusions apply, as a commodity pool operator dealing in such options inadvisable.22 (‘‘CPO’’) and commodity trading advisor (‘‘CTA’’) with the CFTC and become a member of the Section 4(h) is expanded, similarly to 23 See NOM Rules Chapter III, Sections 7 and 8; Section 3(i), to indicate that options National Futures Association (‘‘NFA’’). Chapter XIV, Sections 7 and 8; Chapter III, Section 29 9; and Chapter XIV, Section 9. See Section 3(i)(ii), which is based on 24 Commentary .06 to Phlx Rule 1009. See also 55951 21 See, e.g., Securities Exchange Act Release No. See NOM Rules Chapter VIII. (June 25, 2007), 72 FR 37298 (July 9, 2007) (SR– 25 54983 (December 20, 2006), 71 FR 78476 (December See Securities Exchange Act Release Nos. Phlx–2007–35). 29, 2006)(AMEX–2006–87). AMEX noted in the 52553 (October 3, 2005), 70 FR 59100 (October 11, 30 For Commodity Pool ETFs that engage in filing that the proposed amendments to its Rule 915 2005)(SR–AMEX–2004–62 and 54040 (June 23, holding and/or managing portfolios or baskets would permit it to list options on products such as 2006), 71 FR 37629 (June 3)(SR–AMEX–2006–41). commodity futures contracts, options on 26 the Euro Currency Trust, which issues Euro Shares See, e.g., Section 3 (i)(i)(discussing, among commodity futures contracts, swaps, forward that represent units of fractional undivided other things, comprehensive surveillance contracts, options on physical commodities, options beneficial interest in, and ownership of, the noted agreements). on non-U.S. currency and/or securities, the trust; and that the investment objective of the trust 27 A ‘‘commodity pool’’ is defined in CFTC Exchange has entered into a comprehensive was for the Euro Shares to reflect the price of the Regulation 4.10(d)(1) as any investment trust, surveillance sharing agreement with the euro. syndicate, or similar form of enterprise operated for marketplace or marketplaces with last sale reporting 22 As discussed in detail below, the Exchange will the purpose of trading commodity interests. CFTC that represent(s) the highest volume in such not open for trading any additional series of equity regulations further provide that a ‘‘commodity commodity futures contracts and/or options on options already approved for trading that do not interest’’ means a commodity futures contract and commodity futures contracts on the specified meet the requirements for continued approval and any contract, agreement or transaction subject to commodities or non-U.S. currency, which are may determine to delist the entire class of options Commission regulation under section 4c or 19 of utilized by the national securities exchange where for inadequate volume. See proposed Section 4(l), the Act. See CFTC Regulation 4.10(a). the underlying Commodity Pool ETFs are listed and which is based on Commentary .11 to Phlx Rule 28 The manager or operator of a ‘‘commodity traded. See Section 3(i)(iv), which is based on 1010. pool’’ is required to register, unless applicable Commentary .06(b) to Phlx Rule 1009.

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effect on the rules pertaining to position technology costs for the Exchange and A proposed rule change filed under and exercise limits 31 or margin.32 its member organizations and free up Rule 19b–4(f)(6) normally does not Options on Commodity Pool ETFs will Exchange capacity. The Exchange become operative for 30 days after the be subject to all rules governing the further believes that expanding its date of filing. However, Rule 19b– trading of equity options and the current ability to manage quotation traffic 4(f)(6)(iii) permits the Commission to continuing or maintenance listing should benefit not only the Exchange designate a shorter time if such action standards for options trading on the and its members, but also public and is consistent with the protection of Exchange. professional traders and ultimately the investors and the public interest. The industry. Inadequate Volume Delisting Exchange requests that the Commission 2. Statutory Basis waive the 30-day operative delay so that In terms of housekeeping, the Exchange proposes to amend Section 4 The Exchange believes that its the Exchange can list and trade options so that the Exchange may delist options proposal is consistent with Section 6(b) on Index-Linked Securities, Index that have inadequate trading volume, of the Act 35 in general, and furthers the Multiple ETFs, Index Inverse ETFs, similarly to Phlx and other option objectives of Section 6(b)(5) of the Act 36 Currency Trust Shares, and Commodity exchanges.33 in particular, in that it is designed to Pool ETFs immediately. The Section 4(l), which is based on promote just and equitable principles of Commission notes the proposal is Commentary .11 to Phlx Rule 1010,34 trade, to remove impediments to and substantively identical to rules of other would allow the Exchange to cease perfect the mechanism of a free and exchanges that have been previously listing additional series of equity open market and a national market approved by the Commission and does options and to delist the class of equity system, and, in general to protect not raise any new regulatory issues.39 In options where the option has been investors and the public interest. The addition, the proposal would allow trading on the Exchange not less than Exchange believes that the proposed Nasdaq to list and trade products that six (6) months and the Exchange average rules applicable to trading Index-Linked currently trade on other options daily volume (‘‘ADV’’) of the entire class Securities, Multiple-Inverse ETFs, exchanges. The Commission believes of options was less than twenty (20) Currency Trust Shares, and Commodity that waiving the 30-day operative delay contracts over the last six (6) month Pool ETFs, together with the Exchange’s to permit the listing and trading of surveillance procedures applicable to period. The proposal also would options on these products on an trading in the securities covered by the provide that if an option is singly listed additional exchange as soon as possible only on the Exchange, the Exchange will proposed rules, serve to foster investor protection. is consistent with the protection of cease to add new series and may delist investors and the public interest.40 For the option when there is no remaining B. Self-Regulatory Organization’s these reasons, the Commission open interest in the product. Should the Statement on Burden on Competition designates the proposed rule change as Exchange determine to delist an equity Nasdaq does not believe that the operative upon filing. option pursuant to subsection (l) of proposed rule change will result in any Section 4, it will provide notification of At any time within 60 days of the burden on competition that is not the determination to delist such option filing of the proposed rule change, the necessary or appropriate in furtherance not less than three (3) days prior to the Commission may summarily abrogate of the purposes of the Act. scheduled delisting date. such rule change if it appears to the The Exchange believes that its low C. Self-Regulatory Organization’s Commission that such action is ADV delisting proposal is consistent Statement on Comments on the necessary or appropriate in the public with the Exchange’s maintenance and Proposed Rule Change Received From interest, for the protection of investors, delisting criteria in Section 4 and Members, Participants, or Others or otherwise in furtherance of the should reduce or eliminate the Written comments were neither purposes of the Act. quotation traffic attendant to low solicited nor received. volume options listings that may IV. Solicitation of Comments nevertheless experience significant III. Date of Effectiveness of the Interested persons are invited to quoting activity. This should, in turn, Proposed Rule Change and Timing for submit written data, views, and diminish the total number of strikes that Commission Action arguments concerning the foregoing, need to be maintained by the Exchange Because the foregoing proposed rule including whether the proposed rule and potentially may thereby reduce change: (1) Does not significantly affect the protection of investors or the public change is consistent with the Act. 31 See NOM Rules Chapter III, Sections 7 and 8; interest; (2) does not impose any Comments may be submitted by any of Chapter XIV, Sections 7 and 8; Chapter III, Section significant burden on competition; and the following methods: 9; and Chapter XIV, Section 9. 32 See NOM Rules Chapter VIII. (3) by its terms does not become provide the Commission with written notice of its 33 See Securities Exchange Act No. 56881 operative for 30 days after the date of this filing, or such shorter time as the intent to file the proposed rule change, along with (December 3, 2007), 72 FR 69276 (December 7, a brief description and text of the proposed rule 2007) (SR–Phlx-2007–72) (approval order regarding Commission may designate if consistent change, at least five business days prior to the date delisting equity options classes where average daily with the protection of investors and the of filing of the proposed rule change, or such volume is less that 20 contracts). Other options shorter time as designated by the Commission. The exchanges have similar delisting provisions. See public interest, the proposed rule Exchange has fulfilled this requirement. Securities Exchange Act Release Nos. 55154 change has become effective pursuant to 39 (January 23, 2007), 72 FR 4743 (February 1, 2007) Section 19(b)(3)(A) of the Act 37 and See e.g., NASDAQ OMX PHLX Rules 1009 and 1010; Chicago Board Options Exchange Rules 5.3 (SR–CBOE–2006–92) (delisting equity options Rule 19b–4(f)(6) thereunder.38 classes where ADV is less than 20 contracts); and and 5.4, and International Securities Exchange 55161 (January 24, 2007), 72 FR 4754 (February 1, Rules 502 and 503. 2007) (SR–ISE–2006–62) (delisting equity options 35 15 U.S.C. 78f(b). 40 For purposes only of waiving the 30-day classes where ADV is less than 20 contracts). 36 15 U.S.C. 78f(b)(5). operative delay, the Commission has also 34 See Securities Exchange Act No. 56881 37 15 U.S.C. 78s(b)(3)(A). considered the proposed rule’s impact on (December 3, 2007), 72 FR 69276 (December 7, 38 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– efficiency, competition, and capital formation. See 2007) (SR–Phlx-2007–72). 4(f)(6)(iii) requires a self-regulatory organization to 15 U.S.C. 78c(f).

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Electronic Comments SECURITIES AND EXCHANGE statements concerning the purpose of and basis for the proposed rule changes • COMMISSION Use the Commission’s Internet and discussed any comments they [Release No. 34–59917; File Nos. SR–DTC– comment form (http://www.sec.gov/ received on the proposed rule change. rules/sro.shtml); or 2009–07, SR–FICC–2009–06, SR–NSCC– 2009–03] The text of these statements may be • Send an e-mail to rule- examined at the places specified in Item [email protected]. Please include File Self-Regulatory Organizations; The IV below. The Clearing Agencies have Number SR–NASDAQ–2009–046 on the Depository Trust Company, Fixed prepared summaries, set forth in Section subject line. Income Clearing Corporation, and A, B, and C below, of the most National Securities Clearing significant aspects of such statements. Paper Comments Corporation; Notice of Filing and A. Self-Regulatory Organizations’ • Send paper comments in triplicate Immediate Effectiveness of Proposed Statement of Purpose of, and Statutory Rule Changes Relating to Economic to Elizabeth M. Murphy, Secretary, Basis for, the Proposed Rule Changes Sanctions and Embargo Programs Securities and Exchange Commission, Administered and Enforced by the The purpose of these rule filings is to 100 F Street, NE., Washington, DC Office of Foreign Assets Control add new language to the Clearing 20549–1090. Agencies’ rules 4 to clarify that the May 14, 2009. All submissions should refer to File Clearing Agencies’ members must Pursuant to Section 19(b)(1) of the Number SR–NASDAQ–2009–046. This comply with OFAC’s sanctions and Securities Exchange Act of 1934 file number should be included on the embargo programs and as part of their (‘‘Act’’),1 notice is hereby given that on compliance with OFAC sanctions subject line if e-mail is used. To help the March 31, 2009, April 1, 2009, and Commission process and review your regulations must agree not to conduct April 22, 2009, the Fixed Income any transaction or activity through the comments more efficiently, please use Clearing Corporation (‘‘FICC’’), the Clearing Agencies that violate such only one method. The Commission will National Securities Clearing Corporation OFAC regulations. post all comments on the Commission’s (‘‘NSCC’’), and The Depository Trust In addition, members subject to Internet Web site (http://www.sec.gov/ Company (‘‘DTC’’), respectively, filed United States jurisdiction must confirm rules/sro.shtml). Copies of the with the Securities and Exchange to the Clearing Agencies that it has submission, all subsequent Commission (‘‘Commission’’) the implemented a risk-based OFAC amendments, all written statements proposed rule change as described in compliance program. The Clearing with respect to the proposed rule Item I, II, and III, below, which Items Agencies will require each member to change that are filed with the have been prepared primarily by FICC, execute a ‘‘Confirmation of an OFAC Commission, and all written NSCC, and DTC (collectively, ‘‘Clearing Program’’ letter (‘‘OFAC Letter’’), which communications relating to the Agencies’’). The Clearing Agencies filed will serve to confirm that the member proposed rule change between the the proposed rule changes pursuant to has ‘‘implemented a risk-based program Commission and any person, other than Section 19(b)(3)(A)(iii) of the Act 2 and reasonably designed to comply with those that may be withheld from the Rule 19b–4(f)(4) thereunder 3 so that the applicable OFAC sanctions public in accordance with the proposals were effective upon filing regulations.’’ 5 Each U.S. member’s provisions of 5 U.S.C. 552, will be with the Commission. The Commission OFAC Compliance Officer, Chief available for inspection and copying in is publishing this notice to solicit Compliance Officer, or other individual the Commission’s Public Reference comments on the proposed rule changes with responsibility for managing the Room, 100 F Street, NE., Washington, from interested persons. OFAC compliance program will be DC 20549, on official business days I. Self-Regulatory Organizations’ required to submit the OFAC Letter at 6 between the hours of 10 a.m. and 3 p.m. Statement of Terms of Substance of the least every two years. Failure to Copies of such filing also will be Proposed Rule Changes properly submit the OFAC Letter to the Clearing Agencies will result in a $5,000 available for inspection and copying at The Clearing Agencies are adding the principal office of the Nasdaq. All fine. language to their rules to make clear that The Clearing Agencies state that the comments received will be posted the Clearing Agencies’ participants, without change; the Commission does proposed rule changes are consistent members, and pledgees (collectively, with the requirements of Section 17A of not edit personal identifying ‘‘members’’) must comply with the U.S. the Act 7 and the rules and regulations information from submissions. You Department of the Treasury’s Office of thereunder because such changes will should submit only information that Foreign Asset Control’s (‘‘OFAC’’) enhance the Clearing Agencies’ ability you wish to make available publicly. All sanctions and embargo programs and as to comply with applicable laws thereby submissions should refer to File part of their compliance with OFAC reducing risks and associated costs to Number SR–NASDAQ–2009–046 and sanctions regulations must agree not to the Clearing Agencies and their should be submitted on or before June conduct any transaction or activity participants. 11, 2009. through the Clearing Agencies that violate OFAC regulations. For the Commission, by the Division of 4 FICC is amending Government Securities Trading and Markets, pursuant to delegated II. Self-Regulatory Organizations’ Division Rule 3, Section 9, and Mortgage-Backed authority.41 Securities Division Article III, Rule 1, Section 7. Statement of Purpose of, and Statutory NSCC is amending Rule 2, Section 4. DTC is Florence E. Harmon, Basis for, the Proposed Rule Changes amending Rule 2, Section 8. Deputy Secretary. In their filing with the Commission, 5 The OFAC Letter is not intended to reallocate legal liability related to the sanctions administered [FR Doc. E9–11807 Filed 5–20–09; 8:45 am] the Clearing Agencies included and enforced by OFAC. BILLING CODE 8010–01–P 6 The form of the OFAC Letter is attached to each 1 15 U.S.C. 78s(b)(1). of the clearing agencies’ rule filings with the 2 15 U.S.C. 78s(b)(3)(A)(iii). Commission. 41 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4(f)(4). 7 15 U.S.C. 78q–1.

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B. Self-Regulatory Organizations’ Securities and Exchange Commission, SECURITIES AND EXCHANGE Statement on Burden on Competition 100 F Street, NE., Washington, DC COMMISSION The Clearing Agencies do not believe 20549–1090. [Release No. 34–59918; File No. SR–BX– that the proposed rule changes will have All submissions should refer to File No. 2009–024] any impact on or impose any burden on SR–FICC–2009–06, SR–NSCC–2009–03, Self-Regulatory Organizations; competition. or DTC–2009–07. At least one of these NASDAQ OMX BX, Inc.; Notice of Filing file numbers should be included on the C. Self-Regulatory Organizations’ and Immediate Effectiveness of Statement on Comments on the subject line if e-mail is used. To help the Proposed Rule Change Making Clerical Proposed Rule Changes Received From Commission process and review your Corrections of the Rules of the Boston Members, Participants, or Others comments more efficiently, please use Options Exchange Facility The Clearing Agencies have not only one method. The Commission will solicited or received written comments post all comments on the Commission’s May 14, 2009. relating to the proposed rule changes. Internet Web site (http://www.sec.gov/ Pursuant to Section 19(b)(1) of the The Clearing Agencies will notify the rules/sro.shtml). Copies of the Securities Exchange Act of 1934 Commission of any written comments submission, all subsequent (‘‘Act’’),1 and Rule 19b–4 thereunder,2 they receive. amendments, all written statements notice is hereby given that on May 7, with respect to the proposed rule 2009, NASDAQ OMX BX, Inc. (the III. Date of Effectiveness of the change that are filed with the ‘‘Exchange’’) filed with the Securities Proposed Rule Changes and Timing for and Exchange Commission Commission Action Commission, and all written communications relating to the (‘‘Commission’’) the proposed rule The foregoing rule changes have proposed rule change between the change as described in Items I, II, and become effective upon filing pursuant to Commission and any person, other than III below, which Items have been 8 prepared by the self-regulatory Section 19(b)(3)(A)(iii) of the Act and those that may be withheld from the 9 organization. The Exchange filed the Rule 19b–4(f)(4) thereunder because public in accordance with the each of the proposed rule changes proposed rule change pursuant to provisions of 5 U.S.C. 552, will be effects a change in an existing service of Section 19(b)(3)(A)(i) of the Act,3 and available for inspection and copying in one of the Clearing Agencies that (i) Rule 19b–4(f)(3) thereunder,4 which does not adversely affect the the Commission’s Public Reference renders the proposal effective upon safeguarding of securities or funds in Section, 100 F Street, NE., Washington, filing with the Commission. The the custody or control of the Clearing DC 20549, on official business days Commission is publishing this notice to Agencies or for which it is responsible between the hours of 10 a.m. and 3 p.m. solicit comments on the proposed rule and (ii) does not significantly affect the Copies of such filings also will be from interested persons. available for inspection and copying at respective rights of the clearing agencies I. Self-Regulatory Organization’s or persons using the service. At any FICC’s, NSCC’s, and DTC’s principal office and on FICC’s, NSCC’s, and DTC’s Statement of the Terms of Substance of time within sixty days of the filing of the Proposed Rule Change such rule changes, the Commission may Web sites, respectively at http:// summarily abrogate such rule changes if ficc.com/gov/gov.docs.jsp?NS- The Exchange proposes to amend the it appears to the Commission that such query=#rf, http://www.dtcc.com/legal/ Rules of the Boston Options Exchange action is necessary or appropriate in the rule_filings/nscc/2009.php, and http:// Group, LLC (‘‘BOX’’) to make clerical public interest, for the protection of www.dtc.org/impNtc/mor/index.html. corrections to Chapter V, Section 18 of investors, or otherwise in furtherance of All comments received will be posted the BOX Rules. The Exchange shall the purposes of the Act. without change; the Commission does implement this rule proposal immediately. The text of the proposed IV. Solicitation of Comments not edit personal identifying information from submissions. You rule change is available from the principal office of the Exchange, at the Interested persons are invited to should submit only information that submit written data, views, and Commission’s Public Reference Room you wish to make available publicly. All arguments concerning the foregoing, and also on the Exchange’s Internet Web submissions should refer to File No. including whether the proposed rule site at http://nasdaqomxbx.cchwall SR–FICC–2009–06, SR–NSCC–2009–03, changes are consistent with the Act. street.com/NASDAQOMXBX/Filings/. Comments may be submitted by any of or DTC–2009–07 and should be submitted on or before June 11, 2009. II. Self-Regulatory Organization’s the following methods: Statement of the Purpose of, and For the Commission by the Division of Electronic Comments Statutory Basis for, the Proposed Rule Trading and Markets, pursuant to delegated Change • Use the Commission’s Internet authority.10 comment form (http://www.sec.gov/ Florence E. Harmon, In its filing with the Commission, the rules/sro.shtml) or self-regulatory organization included • Send an e-mail to rule- Deputy Secretary. statements concerning the purpose of, [email protected]. Please include File [FR Doc. E9–11808 Filed 5–20–09; 8:45 am] and basis for, the proposed rule change No. SR–FICC–2009–06, SR–NSCC– BILLING CODE 8010–01–P and discussed any comments it received 2009–03, or SR–DTC–2009–07 on the on the proposed rule change. The text subject line. of these statements may be examined at the places specified in Item IV below. Paper Comments The self-regulatory organization has • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 8 15 U.S.C. 78s(b)(3)(A)(iii). 3 15 U.S.C. 78s(b)(3)(A)(i). 9 17 CFR 240.19b–4(f)(4). 10 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(3).

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prepared summaries, set forth in Exchange to properly reflect the number should be included on the Sections A, B, and C below, of the most appropriate approved text in the BOX subject line if e-mail is used. To help the significant aspects of such statements. Rules. Commission process and review your comments more efficiently, please use A. Self-Regulatory Organization’s B. Self-Regulatory Organization’s only one method. The Commission will Statement of the Purpose of, and Statement on Burden on Competition post all comments on the Commission’s Statutory Basis for, the Proposed Rule The Exchange does not believe that Internet Web site (http://www.sec.gov/ Change the proposed rule change will impose rules/sro.shtml). Copies of the 1. Purpose any burden on competition not submission, all subsequent necessary or appropriate in furtherance The Exchange proposes to make amendments, all written statements of the purposes of the Act. clerical corrections to the rule text of with respect to the proposed rule Chapter V, Section 18 of the BOX Rules C. Self-Regulatory Organization’s change that are filed with the and the supplementary material thereto. Statement on Comments on the Commission, and all written These changes had been previously Proposed Rule Change Received From communications relating to the approved by the Commission.5 Members, Participants, or Others proposed rule change between the Commission and any person, other than Subsequent to the Commission’s The Exchange has neither solicited approval of the amendments to Chapter those that may be withheld from the nor received comments on the proposed public in accordance with the V, Section 18 of the BOX Rules and the rule change. supplementary material thereto, the provisions of 5 U.S.C. 552, will be Commission approved, further III. Date of Effectiveness of the available for inspection and copying in amendments to Chapter V, Section 18 of Proposed Rule Change and Timing for the Commission’s Public Reference the BOX Rules and the supplementary Commission Action Room, 100 F Street, NE., Washington, 6 DC 20549, on official business days material thereto. The later amendments Pursuant to Section 19(b)(3)(A) of the between the hours of 10 a.m. and 3 p.m. are currently reflected in the BOX Rules. Act 10 and Rule 19b–4(f)(3) Copies of the filing will also be available The Exchange proposes to make clerical thereunder,11 the Exchange has for inspection and copying at the corrections to Supplementary Material designated this proposal as one that is principal office of the self-regulatory .03, as originally proposed, and concerned solely with the organization. All comments received renumber current Supplementary administration of the self-regulatory will be posted without change; the Material .03 as Supplementary Material organization. Accordingly, the Exchange 7 Commission does not edit personal .04. believes that its proposal should become identifying information from immediately effective. At any time 2. Basis submissions. You should submit only within 60 days of the filing of the information that you wish to make The Exchange believes that the proposed rule change, the Commission available publicly. All submissions proposal is consistent with the may summarily abrogate the rule change 8 should refer to File Number SR–BX– requirements of Section 6(b) of the Act, if it appears to the Commission that the 2009–024 and should be submitted on in general, and Section 6(b)(5) of the action is necessary or appropriate in the 9 or before June 11, 2009. Act, in particular, in that it is designed public interest, for the protection of to promote just and equitable principles investors, or would otherwise further For the Commission, by the Division of of trade, to foster cooperation and the purposes of the Act. Trading and Markets, pursuant to delegated coordination with persons engaged in authority.12 facilitating transactions in securities, to IV. Solicitation of Comments Florence E. Harmon, prevent fraudulent and manipulative Interested persons are invited to Deputy Secretary. acts, to remove impediments to and submit written data, views, and [FR Doc. E9–11809 Filed 5–20–09; 8:45 am] perfect the mechanism of a free and arguments concerning the foregoing, BILLING CODE 8010–01–P open market and a national market including whether the proposed rule system and, in general, to protect change is consistent with the Act. investors and the public interest. The Comments may be submitted by any of SECURITIES AND EXCHANGE proposed rule change will allow the the following methods: COMMISSION

5 See Securities Exchange Act Release No. 55415 Electronic Comments [Release No. 34–59920; File No. SR–CBOE– 2009–029] (March 7, 2007), 72 FR 11411 (March 13, 2007) (SR– • Use the Commission’s Internet BSE–2006–03). 6 In SR–BSE–2006–56, the Commission, among comment form (http://www.sec.gov/ Self-Regulatory Organizations; other things, approved the current Supplementary rules/sro.shtml); or • Chicago Board Options Exchange, Material .03 to Chapter V, Section 18 of the BOX Send an e-mail to rule- Incorporated; Notice of Filing of a Rules. If Supplementary Material .03, previously [email protected]. Please include File Proposed Rule Change To approved in SR–BSE–2006–03, was reflected in the Number SR–BX–2009–024 on the BOX Rules at the time when SR–BSE–2006–56 was Permanently Establish the Quarterly ultimately approved, then current Supplementary subject line. Option Series Pilot Program Material .03 should have been included within Paper Comments Section 18 as Supplementary Material .04. See May 14, 2009. Securities Exchange Act Release No. 56186 (August • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the 2, 2007), 72 FR 44593 (August 8, 2007) (SR–BSE– to Elizabeth M. Murphy, Secretary, 2006–56). Securities Exchange Act of 1934 (the 1 2 7 The insertion of the clerical corrections to the Securities and Exchange Commission, ‘‘Act’’), and Rule 19b–4 thereunder, Supplementary Material as .03 and renumbering of 100 F Street, NE., Washington, DC notice is hereby given that on May 7, current Supplementary Material .03 as 20549–1090. 2009, the Chicago Board Options Supplementary Material .04 will not affect the meaning, interpretation or function of Chapter V, All submissions should refer to File Exchange, Incorporated (the ‘‘Exchange’’ Section 18 of the BOX Rules or any other sections Number SR–BX–2009–024. This file of the BOX Rules. 12 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78f(b). 10 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 9 15 U.S.C. 78f(b)(5). 11 17 C.F.R. 210.19b–4(f)(3) [sic]. 2 17 CFR 240.19b–4.

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or ‘‘CBOE’’) filed with the Securities opened. In addition, CBOE may also list Quarterly Options Series shall not affect and Exchange Commission (the Quarterly Option Series on any options the series of options of the same class ‘‘Commission’’) the proposed rule classes that are selected by other previously opened. In addition to the change, as described in Items I, II, and securities exchanges that employ a initial listed series, the Exchange may III below, which Items have been similar pilot program under their list up to sixty (60) additional series per prepared by the Exchange. The respective rules. expiration month for each Quarterly Commission is publishing this notice to The Exchange may list series that Options Series in ETF options. solicit comments on the proposed rule expire at the end of the next consecutive The interval between strike prices on change from interested persons. four (4) calendar quarters, as well as the Quarterly Options Series shall be the fourth quarter of the next calendar year. same as the interval for strike prices for I. Self-Regulatory Organization’s For example, if the Exchange is trading series in that same options class that Statement of the Terms of Substance of Quarterly Options Series in the month expire in accordance with the normal the Proposed Rule Change of May 2009, it may list series that monthly expiration cycle. The Exchange is proposing to make expire at the end of the second, third, The Exchange has adopted a delisting permanent its Quarterly Option Series and fourth quarters of 2009, as well as policy with respect to QOS in ETF pilot program (‘‘QOS Program’’). The the first and fourth quarters of 2010. options.5 On a monthly basis, the text of the proposed rule change is Following the second quarter 2009 Exchange reviews series that are outside available on the Exchange’s Web site expiration, the Exchange could add a range of five (5) strikes above and five (http://www.cboe.org/Legal), at the series that expire at the end of the (5) strikes below the current price of the Office of the Secretary, CBOE and at the second quarter of 2010. underlying ETF, and delists series with Commission. Quarterly Option Series are P.M. no open interest in both the put and the settled. call series having a: (i) Strike higher II. Self-Regulatory Organization’s than the highest strike price with open Statement of the Purpose of, and Quarterly Option Series in ETF Options interest in the put and/or call series for Statutory Basis for, the Proposed Rule If an ETF option is selected for a given expiration month; and (ii) strike Change participation in the QOS Program, the lower than the lowest strike price with In its filing with the Commission, the strike price of each Quarterly Option open interest in the put and/or call self-regulatory organization included Series is fixed at a price per share, with series for a given expiration month. statements concerning the purpose of at least two strike prices above and two Notwithstanding the delisting policy, and basis for the proposed rule change strike prices below the approximate customer requests to add strikes and/or and discussed any comments it received value of the underlying security at about maintain strikes in QOS in ETF options on the proposed rule change. The text the time the Quarterly Options Series is in series eligible for delisting shall be of those statements may be examined at opened for trading on the Exchange. granted. the places specified in Item IV below. CBOE shall list strikes prices for a Further, in connection with the The Exchange has prepared summaries, Quarterly Option series that are within delisting policy, if the Exchange set forth in sections A, B, and C below, $5 from the closing price of the identifies series for delisting, the of the most significant parts of such underlying on the preceding day. Exchange shall notify other options statements. The Exchange may open for trading exchanges with similar delisting additional Quarterly Options Series of A. Self-Regulatory Organization’s policies regarding eligible series for the same class when the Exchange Statement of the Purpose of, and the listing, and shall work with such other deems it necessary to maintain an Statutory Basis for, the Proposed Rule exchanges to develop a uniform list of orderly market, to meet customer Change series to be delisted, so as to ensure demand or when the market price of the uniform series delisting of multiply 1. Purpose underlying security moves substantially listed options classes. The Exchange is proposing to make from the initial exercise price or prices. During the last quarter of 2008 (and the QOS Program permanent. On July 7, To the extent that any additional strike for the new expiration month added 2006, the Exchange filed with the prices are listed by the Exchange, such after December Quarterly Option Series Commission SR–CBOE–2006–65, which additional strike prices shall be within expiration), the Exchange was permitted was effective on filing and established thirty percent (30%) above or below the to list up to one hundred (100) the QOS Program.3 The QOS Program closing price of the underlying ETF (or additional series per expiration month allows CBOE to list and trade Quarterly ‘‘Units’’ as defined in Rule 5.3.06) on for each Quarterly Options Series in 4 Option Series, which expire at the close the preceding day. The Exchange may ETF options.6 of business on the last business day or also open additional strike prices of Quarterly Option Series in ETF options Quarterly Option Series in Index a calendar quarter. Under the QOS Options Program, CBOE may select up to five (5) that are more than 30% above or below currently listed exchange traded fund the current price of the underlying ETF If an index option is selected for (‘‘ETF’’) or index option classes on provided that demonstrated customer participation in the QOS Program, the which Quarterly Option Series may be interest exists for such series, as strike price of each Quarterly Option expressed by institutional, corporate or Series will be fixed at a price per share, 3 See Securities Exchange Act Release No. 54123 individual customers or their brokers. with at least two, but no more than five, (July 11, 2006), 71 FR 40558, (July 17, 2006) (SR– Market-Makers trading for their own strike prices above and at least two, but CBOE–2006–65). The QOS Program has since been account shall not be considered when no more than five, strike prices below extended and is currently scheduled to expire on determining customer interest under the value of the underlying index at July 10, 2009. See Securities Exchange Act Release Nos. 56035 (July 10, 2007), 72 FR 38851, (July 16, this provision. The opening of the new 2007) (SR–CBOE–2007–70) (immediately effective 5 See id. rule change extending the QOS Program through 4 See Securities Exchange Act Release No. 57410 6 See Securities Exchange Act Release No. 58887 July 10, 2008) and 58018 (June 25, 2008), 73 FR (March 3, 2008), 73 FR 12483 (March 7, 2008) (SR– (October 30, 2008), 73 FR 66083 (November 6, 2008) 38010 (July 2, 2008) (SR–CBOE–2008–62) CBOE–2007–96) (amended QOS Program to permit (SR–CBOE–2008–111) (temporary increase to the (immediately effective rule change extending the the listing of additional Quarterly Option Series in number of additional Quarterly Option Series in QOS Program through July 10, 2009). ETF options). ETF options).

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about the time that a Quarterly Options only day of the week during which both capacity-related problems with respect Series is opened for trading on the Quarterly Option Series and a P.M.- to Quarterly Option Series. The Exchange. The Exchange shall list strike settled Short Term Option Series can Exchange also represents that it has the prices for Quarterly Options Series that potentially expire concurrently. necessary system capacity to continue to are reasonably related to the current There being one exception to this support the option series listed under index value of the underlying index to rule. The Exchange may list a P.M.- the QOS Program. which such series relates at about the settled Quarterly Option Series on an In seeking permanent approval, the time such series of options is first options class concurrent with an A.M.- Exchange is taking this opportunity to opened for trading on the Exchange. The settled Short Term Options Series on update the expiration examples term ‘‘reasonably related to the current that same options class, both of which provided in Rules 5.5, and 24.9. The index value of the underlying index’’ may expire on a Friday. In other words, revisions do not change the substance of means that the exercise price is within the Exchange may list a P.M.-settled the QOS Program. thirty percent (30%) of the current Quarterly Option Series on an ETF on index value. an index concurrent with an A.M.- 2. Statutory Basis The Exchange may open for trading settled Short Term Option Series on that The Exchange believes the proposed additional Quarterly Options Series of ETF or index and both of which expire rule change is consistent with the Act 7 the same class when the Exchange on a Friday. The Exchange believes that and the rules and regulations deems it necessary to maintain an the concurrent listing of an A.M.-settled thereunder and, in particular, the orderly market, to meet customer Short Term Option Series and a P.M.- requirements of Section 6(b) of the Act.8 demand or when the market price of the settled Quarterly Option Series on the Specifically, the Exchange believes the same underlying ETF or index will underlying security moves substantially proposed rule change is consistent with from the initial exercise price or prices. provide investors with yet another the Section 6(b)(5) 9 requirements that The Exchange may also open for trading hedging mechanism. Finally, the the rules of an exchange be designed to additional Quarterly Options Series that interval between strike prices on promote just and equitable principles of are more than thirty percent (30%) of Quarterly Option Series shall be the trade, to prevent fraudulent and the current index value, provided that same as the interval for strike prices for manipulative acts, to remove demonstrated customer interest exists series in the same options class that impediments to and to perfect the for such series, as expressed by expires in accordance with the normal mechanism for a free and open market institutional, corporate, or individual monthly expiration cycles. and a national market system, and, in customers or their brokers. Market- The Exchange has selected the general, to protect investors and the Makers trading for their own account following five ETF option classes to shall not be considered when participate in the QOS Program: public interest. The Exchange believes determining customer interest under DIAMONDS Trust (DIA) options, that permanent approval of the QOS this provision. Standard and Poor’s Depositary Program will result in an ongoing The Exchange may open additional Receipts/SPDRs (SPY) options, iShares benefit to investors, and will continue to strike prices of a Quarterly Option Russell 2000 Index Fund (IWM) options, allow them additional means to manage Series that are above the value of the PowerShares QQQ Trust (QQQQ) their risk exposures and carry out their underlying index provided that the total options and Energy Select SPDR (XLE) investment objectives. number of strike prices above the value options. CBOE believes the QOS B. Self-Regulatory Organization’s of the underlying index is no greater Program has been successful and well Statement on Burden on Competition than five. The Exchange may open received by its members and the additional strike prices of a Quarterly investing public for the nearly three CBOE does not believe that the Option Series that are below the value years that it has been in operation as a proposed rule change will impose any of the underlying index provided that pilot. burden on competition not necessary or the total number of strike prices below CBOE is now proposing to make the appropriate in furtherance of the the value of the underlying index is no QOS Program permanent. In support of purposes of the Act. greater than five. The opening of any approving the QOS Program on a C. Self-Regulatory Organization’s new Quarterly Option Series shall not permanent basis, the Exchange has Statement on Comments on the affect the series of options of the same submitted to the Commission a Pilot Proposed Rule Change Received From class previously opened. Program Report (‘‘Report’’) detailing the Members, Participants, or Others By definition, Quarterly Option Series Exchange’s experience with the QOS on an option class can never expire in Program. Specifically, the Report The Exchange neither solicited nor the same week in which monthly option contains data and written analysis received comments on the proposal. series on the same class expires. The regarding the five ETF option classes III. Date of Effectiveness of the same, however, is not the case with included in the QOS Program. The Proposed Rule Change and Timing for regards to Short Term Option Series. Report was submitted under separate Commission Action Quarterly Option Series and Short Term cover and seeks confidential treatment Option Series on the same options class under the Freedom of Information Act. Within 35 days of the date of may expire concurrently. However, to The Exchange believes there is publication of this notice in the Federal avoid any confusion in the market sufficient investor interest and demand Register or within such longer period (i) place, the Exchange will not list a Short in the QOS Program to warrant its as the Commission may designate up to Term Option Series on an options class permanent approval. The Exchange 90 days of such date if it finds such whose expiration coincides with that of believes that, for the nearly three years longer period to be appropriate and a Quarterly Option Series on the same that it has been in operation, the QOS publishes its reasons for so finding or options class. In other words, the Program has provided investors with (ii) as to which the self-regulatory Exchange will not list a Short Term additional means of managing their risk Options Series on an ETF or an index exposures and carrying out their 7 15 U.S.C. 78s(b)(1). if a Quarterly Option Series on that ETF investment objectives. Furthermore, the 8 15 U.S.C. 78f(b). or index were to expire on a Friday, the Exchange has not experienced any 9 15 U.S.C. 78f(b)(5).

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organization consents, the Commission should be submitted on or before June NYSE Rule 409 4 (Statements of will: 11, 2009. Accounts of Customers), except for (A) By order approve such proposed For the Commission, by the Division of paragraph (f), and certain of its related rule change, or Trading and Markets, pursuant to delegated interpretations. (B) Institute proceedings to determine authority.10 The text of the proposed rule change whether the proposed rule change Florence E. Harmon, is available at FINRA, the Commission’s should be disapproved. Deputy Secretary. Public Reference Room, and http:// www.finra.org. IV. Solicitation of Comments [FR Doc. E9–11811 Filed 5–20–09; 8:45 am] Interested persons are invited to BILLING CODE 8010–01–P II. Self-Regulatory Organization’s submit written data, views and Statement of the Purpose of, and arguments concerning the foregoing, Statutory Basis for, the Proposed Rule including whether the proposed rule SECURITIES AND EXCHANGE Change COMMISSION change is consistent with the Act. In its filing with the Commission, Comments may be submitted by any of [Release No. 34–59921; File No. SR–FINRA– FINRA included statements concerning the following methods: 2009–028] the purpose of and basis for the Electronic Comments proposed rule change and discussed any Self-Regulatory Organizations; comments it received on the proposed • Use the Commission’s Internet Financial Industry Regulatory rule change. The text of these statements comment form (http://www.sec.gov/ Authority, Inc.; Notice of Filing of may be examined at the places specified rules.sro.shtml); or Proposed Rule Change To Adopt in Item IV below. FINRA has prepared • Send an e-mail to rule- FINRA Rule 2231 (Customer Account summaries, set forth in sections A, B, [email protected]. Please include File Statements) in the Consolidated FINRA and C below, of the most significant Number SR–CBOE–2009–029 on the Rulebook aspects of such statements. subject line. May 14, 2009. Paper Comments A. Self-Regulatory Organization’s Pursuant to Section 19(b)(1) of the Statement of the Purpose of, and • Send paper comments in triplicate Securities Exchange Act of 1934 (‘‘SEA’’ Statutory Basis for, the Proposed Rule to Elizabeth M. Murphy, Secretary, or ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Change Securities and Exchange Commission, notice is hereby given that on April 22, 1. Purpose 100 F Street, NE., Washington, DC 2009, Financial Industry Regulatory 20549–1090. Authority, Inc. (‘‘FINRA’’) (f/k/a As part of the process of developing All submissions should refer to File National Association of Securities a new consolidated rulebook, FINRA is Number SR–CBOE–2009–029. This file Dealers, Inc. (‘‘NASD’’)) filed with the proposing to adopt NASD Rule 2340 number should be included on the Securities and Exchange Commission (Customer Account Statements) with subject line if e-mail is used. To help the (‘‘SEC’’ or ‘‘Commission’’) the proposed certain changes as FINRA Rule 2231 in Commission process and review your rule change as described in Items I, II, the Consolidated FINRA Rulebook. The comments more efficiently, please use and III below, which Items have been proposed rule change would also delete: only one method. The Commission will prepared by FINRA. The Commission is (1) NYSE Rule 409 (Statements of post all comments on the Commission’s publishing this notice to solicit Accounts to Customers), except for Internet Web site (http://www.sec.gov/ comments on the proposed rule change paragraph (f) and its related rules/sro.shtml). Copies of the from interested persons. supplementary material; and (2) NYSE submission, all subsequent Rule Interpretations 409(a) and 409(b), amendments, all written statements I. Self-Regulatory Organization’s except for paragraphs 409(a)/01 and with respect to the proposed rule Statement of the Terms of Substance of 409(a)/03, as the rule and its related change that are filed with the the Proposed Rule Change interpretations are, in main part, Commission, and all written FINRA is proposing to adopt NASD duplicative of NASD Rule 2340. communications relating to the Rule 2340 (Customer Account However, as further described herein, proposed rule change between the Statements) with certain changes as the proposed rule change would Commission and any person, other than FINRA Rule 2231 in the new incorporate certain provisions of NYSE those that may be withheld from the consolidated FINRA rulebook Rule 409 and its interpretations into public in accordance with the (‘‘Consolidated FINRA Rulebook’’).3 The new FINRA Rule 2231. provisions of 5 U.S.C. 552, will be proposed rule change would also delete PROPOSED FINRA RULE 2231 available for inspection and copying in (CUSTOMER ACCOUNT the Commission’s Public Reference 10 17 CFR 200.30–3(a)(12). STATEMENTS) Room, 100 F Street, NE., Washington, 1 15 U.S.C. 78s(b)(1). DC 20549, on official business days 2 17 CFR 240.19b–4. Frequency of Delivery of Account between the hours of 10 a.m. and 3 p.m. 3 The current FINRA rulebook consists of (1) Statements and Disclosures FINRA Rules; (2) NASD Rules; and (3) rules Copies of such filing also will be incorporated from NYSE (‘‘Incorporated NYSE NASD Rule 2340 generally requires available for inspection and copying at Rules’’) (together, the NASD Rules and Incorporated each general securities member to send the principal office of the Exchange. All NYSE Rules are referred to as the ‘‘Transitional customers at least once each calendar comments received will be posted Rulebook’’). While the NASD Rules generally apply to all FINRA members, the Incorporated NYSE quarter account statements containing a without change; the Commission does Rules apply only to those members of FINRA that description of any securities positions, not edit personal identifying are also members of the NYSE (‘‘Dual Members’’). money balances or account activity in information from submissions. You The FINRA Rules apply to all FINRA members, the accounts since the prior account should submit only information that unless such rules have a more limited application by their terms. For more information about the statements were sent. NYSE Rule 409(a) you wish to make available publicly. All rulebook consolidation process, see FINRA submissions should refer to File Information Notice, March 12, 2008 (Rulebook 4 For convenience, the proposed rule change Number SR–CBOE–2009–029 and Consolidation Process). refers to Incorporated NYSE Rules as NYSE Rules.

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similarly requires member organizations DVP/RVP Securities on Account Proposed Supplementary Material .01 to send customer account statements at Statements (Transmission of Customer Account least once each calendar quarter. Proposed FINRA Rule 2231(b) would Statements to Other Persons or Entities) In contrast, proposed FINRA Rule incorporate without substantive change This provision, which is based in part 2231(a) would impose an additional the provisions in NASD Rule 2340(b) on NYSE Rule 409(b), would expressly requirement that each general securities (and NYSE Rule 409(a)) providing that require a firm to obtain written member send account statements at account statements do not need to be instructions from the customer in order least once every calendar month to each sent to a customer if the customer’s to send/deliver customer statements, customer whose account had account account is carried solely for execution confirmations or other communications activity during the period since the last on a Delivery versus Payment/Receive to other persons or entities. statement was sent to the customer, and versus Payment (‘‘DVP/RVP’’) basis, continue to require that a statement be subject to certain specified conditions. Proposed Supplementary Material .02 sent at least once every calendar quarter The rule would continue to provide that (Use of Electronic Media To Satisfy to each customer whose account had a it does not qualify or condition the Delivery Obligations) security position or money balance obligations of members under SEA Rule This provision would allow a firm to during the period since the last 15c3–2 concerning quarterly notices of satisfy its delivery obligations under the statement was sent to the customer. 6 free credit balances on statements. rule by using electronic media, subject Proposed FINRA Rule 2231 would Value of DPP/REIT Securities on to compliance with standards adopt the definitions of the terms Account Statements established by the SEC on the use of ‘‘general securities member’’ and electronic media for delivery purposes. Proposed FINRA Rule 2231(c) would ‘‘account activity’’ set forth in NASD This provision is consistent with prior incorporate without substantive change Rule 2340. A ‘‘general securities guidance issued by FINRA on the use of the provisions in NASD Rule 2340(c) member’’ would be any member that electronic media to satisfy delivery regarding the disclosure of values for conducts a general securities business obligations.7 and is required to calculate its net unlisted or illiquid direct participation capital pursuant to the provisions of program (‘‘DPP’’) and real estate Proposed Supplementary Material .03 SEA Rule 15c3–1(a).5 However, as is the investment trust (‘‘REIT’’) securities on (Information To Be Disclosed on case under NASD Rule 2340 currently, customer account statements. The Statement) proposed rule would require that a member that does not carry customer This provision, which is based on accounts and does not hold customer estimated values for DPP/REIT securities must be disclosed under NYSE Rule Interpretation 409(a)/02, funds or securities would continue to be would require the following items to be exempt from the provisions of FINRA certain circumstances and describe how such estimated values must be prominently disclosed on the front of Rule 2231. ‘‘Account activity’’ would the statement: (i) The identity of the continue to be defined broadly and determined. NYSE Rule 409 does not include the requirement regarding introducing and clearing firm (if would include, but not be limited to, different) and their respective contact purchases, sales, interest credits or disclosure of values for DPPs and REITS. information for customer service debits, charges or credits, dividend (though the identity of the clearing firm payments, transfer activity, securities Definitions and its contact information may appear receipts or deliveries and/or journal Proposed FINRA Rule 2231(d) would on the back of the statement provided entries relating to securities or funds in such information is in ‘‘bold’’ or the possession or control of the member. incorporate without substantive change the definitions of significant terms used ‘‘highlighted’’ letters); (ii) that the FINRA believes the proposed in the rule, such as account activity, clearing firm is a member of SIPC; and amendment better reflects current general securities member, direct (iii) the opening and closing balances industry practice as a significant participation program, real estate for the account. number of members already send investment trust, annual report and customers monthly account statements Proposed Supplementary Material .04 DVP/RVP account (this last term is also (Assets Externally Held and Included on through their clearing firms. FINRA defined in NYSE Rule 409(a)). believes that receipt of monthly Statements Solely as a Service to statements will allow customers to Exemptions Customers) review their statements in a timely Proposed FINRA Rule 2231(e) would This provision, which is based on manner for errors, possible identify theft incorporate without substantive change NYSE Rule Interpretation 409(a)/04, or other potential problems. the provision in NASD Rule 2340(e) would provide that account statements Proposed FINRA Rule 2231(a) would authorizing FINRA to exempt members must clearly indicate those instances also retain the requirement in NASD from the provisions of the rule pursuant where certain assets are externally held Rule 2340(a) (and NYSE Rule 409(e)) to to the Rule 9600 Series. but included on the statement as a include on customer account statements courtesy. a statement advising customers to report PROPOSED SUPPLEMENTARY Proposed Supplementary Material .05 promptly any inaccuracy or discrepancy MATERIALS TO FINRA RULE 2231 (Use of Logos, Trademarks, etc.) in their account to the introducing firm FINRA is proposing to adopt the and clearing firm (where there are two following provisions as supplementary This provision, which is based on different firms) and to re-confirm any materials to FINRA Rule 2231. As NYSE Rule Interpretation 409(a)/05, oral communications in writing to further described below, these would regulate the use of trademarks further protect the customer’s rights, provisions are adopted largely from and logos of other persons on account including rights under the Securities NYSE Rule 409 and its related statements. Investor Protection Act. interpretations. 7 See NASD Notice to Members 98–3 (January 5 17 CFR 240.15c3–1(a). 6 17 CFR 240.15c3–2. 1998).

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Proposed Supplementary Material .06 proposing to eliminate NYSE Rule amendments to NASD Rule 2340 to (Use of Summary Statements) 409(g) because it believes that the change all references to ‘‘NASD’’ to This provision, which is based on provision generally advising members to ‘‘FINRA,’’ and to change all references NYSE Rule Interpretation 409(a)/06, send duplicate account statements to to ‘‘SEC’’ Rules to ‘‘SEA’’ Rules. would regulate the use of aggregated guarantors, absent contrary instructions As noted above, FINRA will announce account statements for a customer who from the guarantor, need not be the implementation date of the has accounts with other persons. incorporated into proposed FINRA Rule proposed rule change in a Regulatory 2231, and the provision’s purpose is Notice to be published no later than 90 ELIMINATED PROVISIONS OF NYSE better addressed by the general days following Commission approval. RULE 409 requirement described above to obtain 2. Statutory Basis FINRA is proposing to delete NYSE written instructions from the customer Rule 409 in its entirety (except for NYSE to send customer statements to any third FINRA believes that the proposed rule Rule 409(f) which will be reviewed as parties. change is consistent with the provisions of Section 15A(b)(6) of the Act,11 which part of a later phase of the rulebook Legends on Account Statements consolidation process).8 The following requires, among other things, that describes certain provisions that are NYSE Rule 409(e)(1) requires the FINRA rules must be designed to found in NYSE Rule 409 and its related inclusion of a legend on all account prevent fraudulent and manipulative interpretations that would not be statements that notifies a customer that acts and practices, to promote just and adopted in proposed FINRA Rule 2231: the firm’s financial statements are equitable principles of trade, and, in available for inspection at its offices or general, to protect investors and the Duplicate Account Statements a copy can be mailed upon request. public interest. FINRA believes that the NYSE Rule 409(b) contains provisions FINRA is proposing to eliminate this proposed rule change will provide prohibiting, without NYSE’s consent, requirement in light of existing customers with critical information the delivery of statements, requirements under SEA Rule 17a-5(c),9 regarding their accounts and will allow confirmations or other communications which generally requires broker-dealers them to review their statements in a to non-member customers (1) in care of that carry customer accounts to provide timely manner, while also clarifying and a person holding power of attorney over statements of the broker-dealer’s streamlining the customer account rules the customer’s account unless the financial condition to their customers, for adoption as FINRA Rules in the customer has provided written and NASD Rule 2270 (Disclosure of Consolidated FINRA Rulebook. instructions to send such confirmations, Financial Condition to Customers), statements or communications to such which requires a member to make B. Self-Regulatory Organization’s person, or duplicate copies are sent to information relative to a member’s Statement on Burden on Competition the customer at some other address financial condition available to FINRA does not believe that the designated in writing; or (2) at the inspection by customers, upon request. proposed rule change will result in any address of any member or in care of any FINRA will consider NASD Rule 2270 burden on competition that is not partner, stockholder who is actively as part of a later phase of the rulebook necessary or appropriate in furtherance engaged in the member’s business or consolidation process. of the purposes of the Act. employee of the member. NYSE Supplementary Material and C. Self-Regulatory Organization’s NYSE Rule 409(g) also provides that Interpretations To Be Deleted members carrying margin accounts for Statement on Comments on the customers should send duplicate copies FINRA is proposing to eliminate Proposed Rule Change Received From of monthly statements of guaranteed NYSE Rule Interpretation 409(b)/01 Members, Participants, or Others accounts to the respective guarantors (Standards for Holding Mail for Foreign Written comments were neither unless such guarantors have specifically Customers), which provides guidelines solicited nor received. provided in writing that they do not for holding confirmations, statements III. Date of Effectiveness of the want such statements sent to them. and other communications for foreign NASD Rule 2340 does not contain a customers. FINRA is addressing Proposed Rule Change and Timing for counterpart to either provision. As members’ obligations with respect to Commission Action noted above, proposed supplementary customer mail as part of the Within 35 days of the date of material .01 to proposed FINRA Rule consolidated FINRA rules governing publication of this notice in the Federal 2231 is based in part on NYSE Rule supervision and the related proposal to Register or within such longer period (i) 409(b), but eliminates the reference to adopt FINRA Rule 3150 (Holding of as the Commission may designate up to 10 non-member customers and requires Customer Mail). 90 days of such date if it finds such that a member have written instructions TECHNICAL CHANGES longer period to be appropriate and from a customer to send publishes its reasons for so finding or In addition, the proposal reflects communications relating to the (ii) as to which the self-regulatory certain technical, non-substantive customer’s account to any third parties organization consents, the Commission designated by the customer. FINRA is will: 917 CFR 240.17a–5(c). 10 See Regulatory Notice 08–24 (May 2008). (A) By order approve such proposed 8 NYSE Rule 409(f) states ‘‘[c]onfirmations of all FINRA is not proposing to eliminate the following rule change, or transactions (including those made ‘‘over-the- NYSE Rule Interpretations as part of this rule filing: (B) Institute proceedings to determine counter’’ and on other exchanges) in securities 409(a)/01 (Applicability), which provides that the whether the proposed rule change admitted to dealings on the Exchange, sent by member firm carrying the account is responsible for members or member organizations to their compliance with the rule unless responsibility has should be disapproved. customers, shall clearly set forth with a suitable been allocated to a non-member broker-dealer legend the settlement date of each transaction. This carrying organization pursuant to an approved IV. Solicitation of Comments requirement also applies to confirmations or reports carrying agreement; and 409(a)/03 (Use of Third Interested persons are invited to from an organization to a correspondent, but does Party Agents), which regulates the use of third party not apply to reports made by floor brokers to the agents to prepare and/or transmit statements. These submit written data, views and member organization from whom the orders were interpretations will be reviewed as part of a later received. (See SEC Rule 10b–10).’’ phase of the rulebook consolidation process. 11 15 U.S.C. 78o–3(b)(6).

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arguments concerning the foregoing, For the Commission, by the Division of on the proposed rule change. The text including whether the proposed rule Trading and Markets, pursuant to delegated of those statements may be examined at 12 change is consistent with the Act. authority. the places specified in Item IV below. Comments may be submitted by any of Florence E. Harmon, The Exchange has prepared summaries, the following methods: Deputy Secretary. set forth in sections A, B, and C below, [FR Doc. E9–11812 Filed 5–20–09; 8:45 am] of the most significant parts of such Electronic Comments BILLING CODE 8010–01–P statements. • Use the Commission’s Internet A. Self-Regulatory Organization’s comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE Statement of the Purpose of, and rules/sro.shtml); or COMMISSION Statutory Basis for, the Proposed Rule • Send an e-mail to rule- Change [Release No. 34–59919; File No. SR–BX– [email protected]. Please include File 2009–025] 1. Purpose Number SR–FINRA–2009–028 on the The Exchange proposes to amend on subject line. Self-Regulatory Organizations; a retroactive basis Section 3 (Market NASDAQ OMX BX, Inc.; Notice of Filing Paper Comments Maker Trading Fees) of the BOX Fee of Proposed Rule Change To Schedule.3 BOX applies a Volume • Send paper comments in triplicate Retroactively Amend the Fee Schedule Discount to the fees charged to BOX to Elizabeth M. Murphy, Secretary, To Clarify and Correct References to Market Makers who engage in Securities and Exchange Commission, the Volume Discount Given to Market particularly active trading volume on 100 F Street, NE., Washington, DC Makers BOX. The proposed changes will clarify 20549–1090. May 14, 2009. and correct the Fee Schedule to reflect that trading volume in options classes Pursuant to Section 19(b)(1) of the All submissions should refer to File included within the Liquidity Make or Securities Exchange Act of 1934 Number SR–FINRA–2009–028. This file Take Pricing Structure (‘‘Make or (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 number should be included on the Take’’), as set forth in Section 7 of the notice is hereby given that on May 8, subject line if e-mail is used. To help the BOX Fee Schedule, is excluded when 2009, NASDAQ OMX BX, Inc. (the Commission process and review your determining a Market Maker’s Volume ‘‘Exchange’’) filed with the Securities comments more efficiently, please use Discount.4 and Exchange Commission The text explicitly stating only one method. The Commission will (‘‘Commission’’) the proposed rule this was inadvertently removed from the post all comments on the Commission’s BOX Fee Schedule in a prior filing, SR– change as described in Items I, II, and 5 Internet Web site (http://www.sec.gov/ III below, which Items have been BSE–2007–52. The Exchange requests that the rules/sro.shtml). Copies of the prepared by the Exchange. The current proposed changes be made submission, all subsequent Commission is publishing this notice to effective retroactive to November 30, amendments, all written statements solicit comments on the proposed rule 2007, which is the date of filing and with respect to the proposed rule change from interested persons. change that are filed with the effectiveness of SR–BSE–2007–52. The Commission, and all written I. Self-Regulatory Organization’s Exchange believes that the proposed communications relating to the Statement of the Terms of Substance of changes will eliminate any gap in the proposed rule change between the the Proposed Rule Change treatment of Make or Take volume when Commission and any person, other than The purpose of the proposed rule calculating the Volume Discount and is consistent with previous Commission those that may be withheld from the change is to amend the Fee Schedule of action on similar matters pertaining to public in accordance with the the Boston Options Exchange Group, LLC (‘‘BOX’’) on a retroactive basis to the allocation of exchange member fees provisions of 5 U.S.C. 552, will be and dues.6 Additionally, the Exchange available for inspection and copying in clarify and correct references relating to the volume discount (‘‘Volume the Commission’s Public Reference 3 The BOX Fee Schedule can be found on the Room, 100 F Street, NE., Washington, Discount’’) given to Market Makers. The BOX Web site at http://www.bostonoptions.com. DC 20549, on official business days text of the proposed rule change is 4 Make or Take volume is excluded when between the hours of 10 a.m. and 3 p.m. available from the principal office of the determining a Market Maker’s monthly trading volume for purposes of the Volume Discount and Copies of such filing also will be Exchange, at the Commission’s Public Reference Room and also on the is not eligible to have a Volume Discount applied available for inspection and copying at to it. Exchange’s Internet Web site at http:// the principal office of FINRA. All 5 See Securities Exchange Act Release No. 56948 nasdaqomxbx.cchwallstreet.com/ comments received will be posted (December 12, 2007), 72 FR 72426 (December 20, NASDAQOMXBX/Filings/. 2007) (SR–BSE–2007–52). without change; the Commission does 6 See Securities Exchange Act Release No. 55549 not edit personal identifying II. Self-Regulatory Organization’s (March 28, 2007), 72 FR 16837 (April 5, 2007) (SR– information from submissions. You Statement of the Purpose of, and CHX–2007–02) (Order Granting Accelerated Statutory Basis for, the Proposed Rule Approval of a Proposed Rule Change To Amend the should submit only information that CHX Fee Schedule on a Retroactive Basis To Clarify you wish to make available publicly. All Change the Application of a Credit Against Specialist Fixed submissions should refer to File In its filing with the Commission, the Fees). The approval order stated that the rule change clarified the application of a specialist fixed Number SR–FINRA–2009–028 and self-regulatory organization included fee credit that the exchange was offering as an should be submitted on or before June statements concerning the purpose of, incentive for specialists and would reconcile the 11, 2009. and basis for, the proposed rule change discrepancy between the manner in which the and discussed any comments it received exchange intended to apply the credit and the description of the credit in a prior proposal. The order also stated that approval would clarify 12 17 CFR 200.30–3(a)(12). ambiguity about the application of the specialist 1 15 U.S.C. 78s(b)(1). fixed fee credit. The Commission believed that 2 17 CFR 240.19b–4. Continued

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believes that the inadvertent elimination necessary or appropriate in furtherance communications relating to the of the language in question from the of the purposes of the Act. proposed rule change between the BOX Fee Schedule did not alter BOX Commission and any person, other than C. Self-Regulatory Organization’s Market Makers’ understanding that those that may be withheld from the Statement on Comments on the Make or Take volume was excluded public in accordance with the from the calculation of the Volume Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be Discount.7 Members, Participants or Others available for inspection and copying in The Exchange has neither solicited the Commission’s Public Reference 2. Statutory Basis nor received comments on the proposed Room, on official business days between The Exchange believes that the rule change. the hours of 10 a.m. and 3 p.m. Copies proposal is consistent with the III. Date of Effectiveness of the of the filing also will be available for requirements of Section 6(b) of the Act,8 inspection and copying at the principal Proposed Rule Change and Timing for in general, and Section 6(b)(4) of the office of the Exchange. All comments Commission Action Act,9 in particular, in that it is designed received will be posted without change; to provide for the equitable allocation of Within 35 days of the date of the Commission does not edit personal reasonable dues, fees, and other charges publication of this notice in the Federal identifying information from among its members and issuers and Register or within such longer period (i) submissions. You should submit only other persons using its facilities. The as the Commission may designate up to information that you wish to make proposed changes will result in 90 days of such date if it finds such available publicly. All submissions clarification of the fees charged for longer period to be appropriate and should refer to File Number SR–BX– trading activity on BOX. The Exchange publishes its reasons for so finding or 2009–025 and should be submitted on believes that retroactive approval of the (ii) as to which the self-regulatory or before June 11, 2009. proposed rule change will clarify the organization consents, the Commission For the Commission, by the Division of BOX Fee Schedule and eliminate any will: Trading and Markets, pursuant to delegated concern of inequitable allocation of fees A. By order approve such proposed authority.10 as between the Market Makers and other rule change, or Florence E. Harmon, B. Institute proceedings to determine Options Participants during the Deputy Secretary. retroactive period. whether the proposed rule change should be disapproved. [FR Doc. E9–11810 Filed 5–20–09; 8:45 am] B. Self-Regulatory Organization’s BILLING CODE 8010–01–P Statement on Burden on Competition IV. Solicitation of Comments The Exchange does not believe that Interested persons are invited to the proposed rule change will result in submit written data, views, and SOCIAL SECURITY ADMINISTRATION any burden on competition that is not arguments concerning the foregoing, including whether the proposed rule Agency Information Collection accelerated approval would provide clarity without change is consistent with the Act. Activities: Proposed Request and delay. See also Securities Exchange Act Release No. Comments may be submitted by any of Comment Request 57347 (February 19, 2008), 73 FR 10080 (February 25, 2008) (SR–NASDAQ–2007–100) (Order the following methods: The Social Security Administration Approving Proposed Rule Change to Nasdaq Rule Electronic Comments (SSA) publishes a list of information 7033 To Modify the Fees Charged for the Mutual collection packages requiring clearance Fund Quotation Service and To Correct Certain • Use the Commission’s Internet Errors in the Rule Manual). The Commission by the Office of Management and approved a Nasdaq proposal seeking retroactive comment form (http://www.sec.gov/ Budget (OMB) in compliance with approval for the implementation of previously rules/sro.shtml); or Public Law (Pub. L.) 104–13, the • approved Mutual Fund Quotation Service Send an e-mail to rule- Paperwork Reduction Act of 1995, (‘‘MFQS’’) fees which Nasdaq failed to transfer from [email protected]. Please include File the NASD rule to the corresponding Nasdaq rule effective October 1, 1995. This notice when Nasdaq commenced operations as a national Number SR–BX–2009–025 on the includes revisions and extensions of securities exchange, more than one and one half subject line. OMB-approved information collections year earlier, on August 1, 2006. The Commission Paper Comments and a new collection. stated that such approval was appropriate as it SSA is soliciting comments on the corrected an omission in Nasdaq’s rules. See also • Send paper comments in triplicate Securities Exchange Act Release No. 56240 (August accuracy of the agency’s burden 13, 2007), 72 FR 46527 (August 20, 2007) (SR–ISE– to Elizabeth M. Murphy, Secretary, estimate; the need for the information; 2007–49) (Order Approving Proposed Rule Change Securities and Exchange Commission, its practical utility; ways to enhance its Relating to Fee Changes on a Retroactive Basis). The 100 F Street, NE., Washington, DC quality, utility, and clarity; and ways to Commission stated that application of the 20549–1090. amendments to ISE’s Schedule of Fees on a minimize the burden on respondents, retroactive basis, to a point in time approximately All submissions should refer to File including the use of automated six months prior, were appropriate and aligned Number SR–BX–2009–025. This file collection techniques or other forms of revenue collected from members with license costs number should be included on the information technology. Mail, e-mail, or charged to ISE. 7 See BOX Information Circular entitled subject line if e-mail is used. To help the fax your comments and ‘‘Amended BOX Fee Schedule—Expansion of Commission process and review your recommendations on the information ‘‘Make or Take’’ and Elimination of Minimum comments more efficiently, please use collection(s) to the OMB Desk Officer Activity Charger (MAC)’’ that was distributed to only one method. The Commission will and the SSA Reports Clearance Officer Participants on November 28, 2007 which stated that the establishment of the Make or Take Credit post all comments on the Commission’s to the addresses or fax numbers shown set forth in the then proposed rule filing SR–BSE– Internet Web site (http://www.sec.gov/ below. 2007–52 would not impact Volume Discounts. rules/sro.shtml). Copies of the (OMB), Office of Management and Specifically, the BOX Information Circular stated: submission, all subsequent Budget, Attn: Desk Officer for SSA, ‘‘Current discounts based upon average daily volumes (ADV) of over 25,000 and 50,000 contracts amendments, all written statements Fax: 202–395–6974, E-mail address: will be maintained.’’ with respect to the proposed rule [email protected]. 8 15 U.S.C. 78f(b). change that are filed with the 9 15 U.S.C. 78f(b)(4). Commission, and all written 10 17 CFR 200.30–3(a)(12).

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(SSA), Social Security Administration, instrument by calling the SSA Reports determination dictates whether the DCBFM, Attn: Reports Clearance Clearance Officer at 410–965–3758 or by DDSs and SSA will find the applicant Officer, 1332 Annex Building, 6401 writing to the e-mail address we list to be disabled. Therefore, the Security Blvd., Baltimore, MD 21235, above. information the DDSs collect on this Fax: 410–965–6400, E-mail address: 1. Disability Report—Adult—20 CFR form is crucial in making disability [email protected]. 404.1512, 416.912—0960–0579. State determinations for all adult claimants I. The information collection below is Disability Determination Services (DDS) filing for SSA disability benefits and/or pending at SSA. SSA will submit it to use the information collected by the Supplemental Security Income (SSI) OMB within 60 days from the date of SSA–3368 and its electronic versions to payments. The respondents are this notice. To be sure we consider your determine if an adult disability applicants for Title II benefits and/or comments, we must receive them no applicant’s impairment(s) is severe and, Title XVI payments. later than July 20, 2009. Individuals can if so, how the impairment(s) affects the Type of Request: Revision of an OMB- obtain copies of the collection applicant’s ability to work. This approved information collection.

Average bur- Number of re- Frequency of den per re- Estimated an- Collection method spondents response sponse nual burden (hours) (hours)

SSA–3368 (Paper Form) ...... 22,950 1 1 22,950 Electronic Disability Collection System (EDCS) ...... 2,238,826 1 1 2,238,826 i3368 (Internet) ...... 319,994 1 11⁄2 479,991 i3368PRO (Internet professional users-rollout only) ...... 10,264 1 11⁄2 15,396

Totals ...... 2,592,034 ...... 2,757,163

2. Function Report Adult-Third Disability Insurance (SSDI) claims. The thereof) of claimants who apply for SSI Party—20 CFR 404.1512 & 416.912— information is an evidentiary source and SSDI benefits. 0960–0635. Disability Determination DDS evaluators use to determine Type of Request: Revision of an OMB- Services (DDS) use the information from eligibility for SSI and SSDI claims. The approved information collection. the SSA–3380-BK to determine respondents are third parties familiar eligibility for SSI and Social Security with the functional limitations (or lack

Average bur- Number of re- Frequency of den per re- Estimated an- Respondent types spondents response sponse nual burden (minutes) (hours)

Individuals ...... 500,000 1 61 508,333 Private Sector ...... 500,000 1 61 508,333

Total: ...... 1,000,000 ...... 1,016,666

3. Function Report Adult—20 CFR within 30 days from the date of this source of this information is the entity 404.1512 & 416.912—0960–0681. State publication. To be sure we consider giving the benefits, its agent (such as an DDSs use Form SSA–3373-BK to collect your comments, we must receive them insurance carrier), or an administering information about a disability no later than June 22, 2009. You can public agency. The respondents are applicant’s or recipient’s impairment- obtain a copy of the OMB clearance Federal, state, and local agencies related limitations and ability to packages by calling the SSA Reports administering WC/PDB, insurance function. The information is an Clearance Officer at 410–965–3758 or by carriers, and public or private self- evidentiary source DDS evaluators use writing to the above email address. insured companies. Type of Request: Extension of an to determine eligibility for SSI and SSDI 1. Request for Workers’ claims. The respondents are Title II and OMB-approved information collection. Compensation/Public Disability Benefit Number of Respondents: 120,000. Title XVI applicants (or current Information—20 CFR 404.408(e)—0960– recipients undergoing redeterminations) Frequency of Response: 1. 0098. SSA uses Form SSA–1709 to for disability benefits. Average Burden per Response: 15 verify Worker’s Compensation/Public Type of Request: Revision of an OMB- minutes. approved information collection. Disability Benefits (WC/PDB). SSA uses Estimated Annual Burden: 30,000 Number of Respondents: 4,005,367. the information to compute the correct hours. Frequency of Response: 1. reduction of disability insurance 2. Prohibition of Payment of SSI Average Burden per Response: 61 benefits. The claimant may be able to Benefits to Fugitive Felons and Parole/ minutes. furnish adequate verification of the WC/ Probation Violators—20 CFR Estimated Annual Burden: 4,072,123 PDB benefits by submitting a copy of his 416.708(o)—0960–0617. Section hours. or her award notice, benefit check, etc. 1611(e)(4) of the Social Security Act II. SSA has submitted the information SSA considers the claimant the primary precludes eligibility for SSI payments collections we list below to OMB for source of verification. If he or she for certain fugitives and probation/ clearance. Your comments on the provides the necessary evidence, we do parole violators. Regulations at 20 CFR information collections would be most not use the form. If the claimant cannot 416.708(o) require individuals to report useful if OMB and SSA receive them provide evidence, the other reliable to SSA that he or she is fleeing to avoid

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prosecution for a crime, fleeing to avoid collection request to the Office of • Estimated Number of Responses: custody or confinement after conviction Management and Budget (OMB) for 8,116 responses (DS–2006: 7,124), (e- of a crime, or violating a condition of approval in accordance with the 2006: 992). probation or parole. SSA will use the Paperwork Reduction Act of 1995. • Average Hours per Response: 9 information reported to deny eligibility • Title of Information Collection: minutes. or to suspend recipient’s SSI payments. Notification of Appointment of Foreign • Total Estimated Burden: 1,217 The respondents are SSI applicants/ Diplomatic Officer, Career Consular hours divided among the missions. recipients or representative payees of Officer, and Foreign Government • Frequency: On occasion. SSI recipients who are reporting the Employee. • Obligation to Respond: Mandatory. applicant’s/recipient’s status as a • OMB Control Number: 1405–0105. • Title of Information Collection: fugitive felon or probation/parole • Type of Request: Revision of Notification of Dependents of violator. Currently Approved Collection. Diplomatic, Consular, and Foreign Type of Request: Extension of an • Originating Office: Diplomatic Government Employees (Continuation OMB-approved information collection. Security/Office of Foreign Missions (DS/ Sheet). Number of Respondents: 1,000. OFM). • OMB Control Number: 1405-0105. Frequency of Response: 1. • Form Numbers: DS–2003, DS–2004, • Type of Request: Revision of Average Burden per Response: 1 & e–2003. Currently Approved Collection. minute. • Respondents: Foreign government • Originating Office: Diplomatic Estimated Annual Burden: 17 hours. representatives assigned to the United Security/Office of Foreign Missions (DS/ Dated: May 14, 2009. States. OFM). • • Form Number: DS–2007. John Biles, Estimated Number of Respondents: 350 missions. • Respondents: Foreign government Reports Clearance Officer, Center for Reports • Estimated Number of Responses: representatives assigned to the United Clearance, Social Security Administration. 11,154 responses (DS–2003: 800), (DS– States. [FR Doc. E9–11716 Filed 5–20–09; 8:45 am] 2004: 1654), & (e–2003: 8,700). • Estimated Number of Respondents: BILLING CODE 4191–02–P • Average Hours per Response: 25 350 missions. minutes. • Estimated Number of Responses: • Total Estimated Burden: 4,640 3,000 forms per year. DEPARTMENT OF STATE hours divided among the missions. • Average Hours per Response: 10 • [Public Notice 6624] Frequency: On occasion. minutes. • Obligation to Respond: Mandatory. • Total Estimated Burden: 498 hours Bureau of Diplomatic Security, Office • Title of Information Collection: divided among the missions. of Foreign Missions; 30-Day Notice of Notification of Appointment of • Frequency: On occasion. Proposed Information Collection: Honorary Consular Officer. • Obligation to Respond: Mandatory. Forms DS–2003 & DS–2004, • OMB Control Number: 1405–0105. • Title of Information Collection: Notification of Appointment of Foreign • Type of Request: Revision of Notice of Termination of Diplomatic, Diplomatic Officer, Career Consular Currently Approved Collection. Consular, or Foreign Government Officer, and Foreign Government • Originating Office: Diplomatic Employment. Employee; Form DS–2005, Notification Security/Office of Foreign Missions (DS/ • OMB Control Number: 1405–0105. of Appointment of Honorary Consular OFM). • Type of Request: Revision of Officer; Form DS–2006, Notification of • Form Number: DS–2005. Currently Approved Collection. • • Change—Identification Card Request; Respondents: Foreign government Originating Office: Diplomatic Form DS–2007, Notification of representatives assigned to the United Security/Office of Foreign Missions (DS/ Dependents of Diplomatic, Consular States. OFM). • • and Foreign Government Employees Estimated Number of Respondents: Form Numbers: DS–2008, & e–2008. • (Continuation Sheet); Form DS–2008, 155 missions. Respondents: Foreign government • Notice of Termination of Diplomatic, Estimated Number of Responses: representatives assigned to the United Consular, or Foreign Government 200 forms per year. States. • • Employment; Forms DS–98 and DS–99, Average Hours per Response: 20 Estimated Number of Respondents: Application for Diplomatic Exemption minutes. 350 missions. • • From Taxes On; Forms DS–100, DS– Total Estimated Burden: 67 hours Estimated Number of Responses: divided among the missions. 6,685 eGov responses. 101, DS–102, & DS–104, Diplomatic • • Motor Vehicle Applications for: Vehicle Frequency: On occasion. Average Hours per Response: 10 • Obligation to Respond: Mandatory. minutes. Registration, Title, & Replacement • • Plates; Department of State Form DS– Title of Information Collection: Total Estimated Burden: 1,110 Notification of Change—Identification hours divided among the missions. 1504; Request for Customs Clearance • of Merchandise; Form DS–1972, U.S. Card Request. Frequency: On occasion. • OMB Control Number: 1405–0105. • Obligation to Respond: Mandatory. Department of State Driver License • • and Tax Exemption Card Application; Type of Request: Revision of Title of Information Collection: Foreign Diplomatic Services Currently Approved Collection. Application for Diplomatic Exemption • Originating Office: Diplomatic from Taxes. Applications, OMB Collection Number • 1405–0105 Security/Office of Foreign Missions (DS/ OMB Control Number: 1405-0105. OFM). • Type of Request: Revision of an • ACTION: Notice of request for public Form Numbers: DS–2006, & e–2006. approved collection. • • comment and submission to OMB of Respondents: Foreign government Originating Office: Diplomatic proposed collection of information. representatives assigned to the United Security/Office of Foreign Missions (DS/ States. OFM). SUMMARY: The Department of State has • Estimated Number of Respondents: • Form Numbers: DS–98, DS–99, e– submitted the following information 350 missions. 98, & e–99.

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• Respondents: Eligible foreign • Type of Request: Revision of a • Minimize the reporting burden on diplomatic or consular missions, certain currently approved collection. those who are to respond. • foreign government organizations, and Originating Office: Diplomatic Abstract of Proposed Collection: The Security/Office of Foreign Missions (DS/ designated international organizations. Foreign Diplomatic Service • Estimated Number of Respondents: OFM). Applications (FDSA) associated with 350. • Form Numbers: DS–1972, DS– OMB Collection number 1405–0105 • Estimated Number of Responses: 1972D, DS–1972T. 5,089 eGov submissions (e-98: 2,413), • Respondents: Foreign government (DS–2003, DS–2004, DS–2005, DS– (e-99: 2,676). representatives assigned to the United 2006, DS–2007, and DS–2008) are the • Average Hours per Response: 15 States. means by which the Department of State • minutes. Estimated Number of Respondents: obtains the information necessary to • 350 foreign missions. accept the appointments and Total Estimated Burden: 1,272 • hours. Estimated Number of Responses: terminations of foreign government • Frequency: On occasion. 12,725 responses (DS–1972: 1,402), employees and diplomatic, career and • (DS–1972D: 6,282), (DS–1972T: 5,041). Obligation to Respond: Required to • honorary consular officers serving in the obtain or retain a benefit. Average Hours per Response: DS– United States; their dependents and 1972 (30 minutes), DS–1972D (20 • Title of Information Collection: personal servants accompanying them Diplomatic Motor Vehicle Applications minutes), DS–1972T (15 minutes). • Total Estimated Burden: 4,053 on tours-of-duty in the United States; to for: Vehicle Registration, Title, & hours. issue documents or update information Replacement Plates. • previously submitted; to extend or • Frequency: On occasion. OMB Control Number: 1405–0105. • terminate privileges and immunities • Obligation to Respond: Required to Type of Request: Revision of a obtain or retain benefits. accorded under the Vienna Convention Currently Approved Collection. DATES: on Diplomatic Relations, 1961 and the • Originating Office: Diplomatic Submit comments to the Office Vienna Convention on Consular Security/Office of Foreign Missions (DS/ of Management and Budget (OMB) for up to 30 days from date of publication Relations, 1963. Also, FDSA DS–1504, OFM). • Form Numbers: DS–100, DS–101, in the Federal Register. DS–98, DS–99, and DS–1972, also DS–102, & DS–104. ADDRESSES: Direct comments and associated with OMB number 1405– • Respondents: Foreign government questions to Katherine Astrich, the 0105, are the means by which the representatives assigned to the United Department of State Desk Officer in the Department provide customs duty-free States. Office of Information and Regulatory entry privileges, exemption from taxes • Estimated Number of Respondents: Affairs at the Office of Management and on the use of public utilities and the 350. Budget (OMB), who may be reached at purchase of gasoline and other motor • Estimated Number of Responses: 202–395–4718. You may submit fuels, the issuance of a driver license 14,865. comments by any of the following and/or a sales tax exemption card for • methods: Average Hours per Response: 30 • foreign mission personnel and their minutes. E-mail: [email protected]. You dependents. In addition, DS–100, DS– must include the DS form number, • Total Estimated Burden: 7,433. 101, DS–102, & DS–104 are the means information collection title, and OMB • Frequency: On occasion. by which the Department provides • Obligation to Respond: Required to control number in the subject line of your message. foreign missions and their members obtain or retain a benefit. • with registration, titling, and issuance of • Title of Information Collection: Mail (paper, disk, or CD–ROM submissions): Office of Information and license plates for motor vehicles they Request for Customs Clearance of own/operate. These ‘‘benefits’’ were Merchandise. Regulatory Affairs, Office of designated under the Foreign Missions • OMB Control Number: 1405–0105. Management and Budget, 725 17th • Street, NW., Washington, DC 20503. Act, 22 U.S.C. 4301 et seq. (FMA), and Type of Request: Revision of a • Currently Approved Collection. Fax: 202–395–6974. must be obtained through the U.S. • Originating Office: Diplomatic FOR FURTHER INFORMATION CONTACT: You Department of State. The applications Security/Office of Foreign Missions (DS/ may obtain copies of the proposed provide the Department with the OFM). information collection and supporting information necessary to administer the • Form Number: DS–1504. documents from: Jacqueline Robinson, benefits effectively and efficiently and • Respondents: Foreign government Diplomatic Security, Office of Foreign to monitor compliance with local laws, representatives assigned to the United Missions, 2201 C Street, NW., Room including the ability to identify and take States. 2236, Washington, DC 20520, who may action against motor vehicle operators • Estimated Number of Respondents: be reached on (202) 647–3416 or who repeatedly receive traffic citations. 350. [email protected]. It also facilitates the Department’s • Estimated Number of Responses: SUPPLEMENTARY INFORMATION: We are ability to monitor and enforce the 7,938. soliciting public comments to permit compliance with Federal laws regarding • Average Hours per Response: 30 the Department to: liability insurance for all foreign minutes. • Evaluate whether the proposed mission-operated motor vehicles. FMA, • Total Estimated Burden: 3,969 information collection is necessary to 22 U.S.C. 4303a; Diplomatic Relations hours. properly perform our functions. Act, 22 U.S.C. 254e. • Frequency: On Occasion. • Evaluate the accuracy of our • Obligation to Respond: Required to estimate of the burden of the proposed Methodology: These applications/ Obtain or Retain a Benefit. collection, including the validity of the information collections are submitted by • Title of Information Collection: U.S. methodology and assumptions used. all foreign missions to the Office of Department of State Driver License and • Enhance the quality, utility, and Foreign Missions via the following Tax Exemption Card Application. clarity of the information to be methods: Electronically, mail, and/or • OMB Control Number: 1405–0105. collected. personal delivery.

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Dated: May 1, 2009. cultural interests, developments, and and Russian. Information about the Robert D. Barton, achievements of the people of the program, along with all accompanying Managing Director, Bureau of Diplomatic United States and other nations * * * application materials, should be posted Security, Office of Foreign Missions, U.S. and thus to assist in the development of online by the cooperating agency. All Department of State. friendly, sympathetic and peaceful application materials should be [FR Doc. E9–11930 Filed 5–20–09; 8:45 am] relations between the United States and available in a sortable, searchable, BILLING CODE 4710–43–P the other countries of the world.’’ The electronically accessible database format funding authority for the program above that can be shared easily with the is provided through legislation. Bureau’s program office upon request. DEPARTMENT OF STATE Purpose: To strengthen the instruction The cooperating agency will be of Arabic, Chinese (Mandarin), and responsible for convening independent [Public Notice 6623] Russian at U.S. K–12 schools and committees to select candidates for the Bureau of Educational and Cultural community colleges through intensive, program. The Bureau should be Affairs (ECA) Request for Grant substantive overseas language study for consulted regarding the selection of Proposals: Intensive Summer teachers, community college instructors, candidates and will approve the Language Institutes for Teachers and students in the advanced stages of principal and alternate candidates for Program preparation to become teachers or participation in the program. instructors in these languages. The Bureau intends to include Announcement Type: New Foreign language skills are essential participants who represent the diversity Cooperative Agreement. tools for engaging foreign governments of the U.S. in all components of the Funding Opportunity Number: and peoples, especially in critical world program. Selection should be based on Catalog of Federal Domestic regions, for promoting mutual the teachers’ professional backgrounds Assistance Number: 00.000. understanding, and for conveying as language teachers, dedication to Key Dates: respect for other cultures. These skills language teaching, and leadership Application Deadline: July 7, 2009. equip Americans to support the nation’s potential. Applicants must be U.S. Executive Summary: The Teacher foreign affairs priorities, its economic citizens and language teachers at Exchange Branch in the Office of Global competitiveness, and its educational elementary or secondary schools, Educational Programs at the Bureau of institutions in efforts to prepare future community college instructors, or Educational and Cultural Affairs (ECA), citizens for full engagement in the students in an advanced stage of U.S. Department of State, announces an global environment. preparation to teach Arabic, Chinese open competition for a program that ECA plans to award a single (Mandarin), or Russian. will enable U.S. language teachers to Cooperative Agreement for the (2) Orientation: The cooperating study Arabic, Chinese (Mandarin) and administration and implementation of organization will organize a substantive, Russian in an Arabic-speaking country, all three Intensive Summer Language in-person, pre-departure orientation in the People’s Republic of China, and Institutes for Teachers under this the U.S. for all participants. The Russia respectively during the summer program. Organizations without orientation should include thorough of 2010. Public and private non-profit expertise in the teaching of all three of discussions of the goals and objectives organizations meeting the provisions the indicated languages are encouraged of the program and should be developed described in Internal Revenue Code to seek partners with expertise in and administered in consultation with section 501(c)(3) may submit proposals teaching the other language(s) in the ECA program office. Comprehensive to cooperate with the Bureau in the preparing their proposals. Consortia and information packets should be provided administration of the program. other combinations of institutions must to all participants prior to the Applicant organizations should design designate a lead institution to receive orientation. and implement three summer institutes the award and administer the program. Standardized pre-institute testing for a minimum total of 25 teachers— Applicant organizations may submit a should be done to determine fifteen to study Chinese (Mandarin), and proposal requesting funds not exceeding participants’ initial language proficiency five each to study Arabic and Russian. $500,000 to implement all three and subsequent progress. Applicant These summer institutes should offer overseas language institutes between organizations should include in their intensive, structured classroom June and August 2010. proposals their plans to develop and instruction as well as less formal Proposals should outline four distinct implement an instrument to measure interactive learning opportunities program components: (1) Publicity, participants’ increased language through a comprehensive exchange recruitment, and selection; (2) proficiency resulting from their experience that primarily emphasizes orientation; (3) the language institutes; participation in the program. language learning. and (4) follow-on activities. The cooperating agency should (1) Publicity, Recruitment, and provide the participants with an in- I. Funding Opportunity Description Selection: The cooperating agency will country orientation upon arrival to Authority: Overall grant making publicize the three language institutes familiarize them with the language authority for this program is contained as well as recruit, screen, and select U.S. institute and surrounding community. in the Mutual Educational and Cultural elementary and secondary school (3) Language Institutes: Each six-week Exchange Act of 1961, Public Law 87– teachers, community college instructors, institute will provide intensive language 256, as amended, also known as the and eligible students for the program. instruction in a classroom setting for Fulbright-Hays Act. The purpose of the Applicant organizations should propose approximately twenty hours per week, Act is ‘‘to enable the Government of the a comprehensive outreach plan to in addition to language-learning United States to increase mutual publicize and recruit for the program opportunities through immersion in the understanding between the people of within the K–12, community college, cultural, social, and educational life of the United States and the people of and foreign language educational the host country. Classes should provide other countries * * *; to strengthen the community in the U.S. This plan should formal instruction in grammar, ties which unite us with other nations include separate strategies for reaching vocabulary, and pronunciation in by demonstrating the educational and teachers of Arabic, Chinese (Mandarin), addition to covering the four main

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language skills: Speaking, listening, participants’ language skills after the intent to renew this grant or cooperative reading, and writing. The institutes study program; to purchase educational agreement for two additional fiscal should also provide access to tutors for resources to enhance their home years, before openly competing it again. individualized language learning. Visits institution’s foreign language III. Eligibility Information to schools or interactions with local curriculum; to develop their teachers should be included, where understanding of foreign language III.1. Eligible applicants: possible. The exchange program should teaching methodology; to attend Applications may be submitted by enhance the participants’ knowledge of conferences, seminars, or workshops; public and private non-profit the host country’s history, culture, and and to conduct other activities that will organizations meeting the provisions political system as these support contribute to the goals of the program. described in Internal Revenue Code language learning. Language study must The development and approval of section 26 U.S.C. 501(c)(3). be the primary focus of the program and follow-on grants must be coordinated by III.2. Cost Sharing or Matching Funds: should be a specific element of all the cooperating agency in conjunction There is no minimum or maximum cultural enrichment activities as well. with the Teacher Exchange Branch. percentage required for this Staff should be physically present and Please refer to the PSI for additional competition. However, the Bureau available to support the participants guidance on alumni outreach and encourages applicants to provide throughout the institutes. follow-on engagement. maximum levels of cost sharing and Applicant organizations should The Intensive Summer Language funding in support of its programs. When cost sharing is offered, it is explain in their proposal how they will Institutes for Teachers Program will be understood and agreed that the ensure the quality of programs overseas. funded through a Cooperative applicant must provide the amount of Applicant organizations should Agreement. Please note that in a cost sharing as stipulated in its proposal arrange for participants to earn Cooperative Agreement, the Teacher and later included in an approved academic credit from a U.S. institution Exchange Branch (ECA/A/S/X) is agreement. Cost sharing may be in the for successful completion of the substantially involved in program form of allowable direct or indirect program. activities above and beyond routine costs. For accountability, you must The Bureau reserves the right to make monitoring. Bureau activities and maintain written records to support all changes in placement countries based responsibilities include: costs which are claimed as your on safety and security concerns. • Participation in the design and contribution, as well as costs to be paid A. Arabic Language Summer Institute: direction of program activities; Applicant organizations should present • Approval of key personnel; by the Federal government. Such a plan for not fewer than five • Approval and input on program records are subject to audit. The basis participants in the Arabic language timelines, agendas and administrative for determining the value of cash and institute. Classroom instruction should procedures; in-kind contributions must be in emphasize Modern Standard Arabic • Guidance in execution of all accordance with OMB Circular A–110, with class time devoted also to program components; (Revised), Subpart C.23—Cost Sharing colloquial Arabic. Participants should • Review and approval of all program and Matching. In the event you do not also gain knowledge of colloquial publicity and recruitment materials; provide the minimum amount of cost Arabic through informal study and • Approval of participants; sharing as stipulated in the approved through interaction with their host • Approval of decisions related to budget, ECA’s contribution will be community. Applicant organizations special circumstances or problems reduced in like proportion. should propose a study location in a throughout the duration of the program; III.3. Other Eligibility Requirements: country/region in North Africa, the • Assistance with participant (a) Bureau grant guidelines require that Middle East, or the Gulf region with the emergencies; organizations with less than four years exception of Algeria, Iraq, Israel, • Approval of follow-on projects; and experience in conducting international Lebanon, Libya, Saudi Arabia, and West • Liaison with relevant U.S. exchanges be limited to $60,000 in Bank and Gaza. embassies. Bureau funding. ECA anticipates B. Chinese Language Summer Programs must conform with Bureau making one award, in an amount up to Institute: Applicant organizations requirements and guidelines outlined in $500,000 to support program and should present a plan for not fewer than the Solicitation Package, which includes administrative costs required to fifteen participants in the Chinese the Request for Grant Proposals (RFGP), implement this exchange program. language institute. The cooperating the Project Objectives, Goals, and Therefore, organizations with less than agency should be prepared to provide Implementation (POGI) and the four years experience in conducting multiple levels of language Proposal Submission Instructions (PSI). international exchanges are ineligible to instruction—from advanced beginner apply under this competition. The through superior. Applicant II. Award Information Bureau encourages applicants to organizations should propose a study Type of Award: Cooperative provide maximum levels of cost sharing location in the People’s Republic of Agreement. and funding in support of its programs. China. Fiscal Year Funds: 2010. IV. Application and Submission C. Russian Language Summer Approximate Total Funding: $500,000 Information Institute: Applicant organizations pending availability of funds. should present a plan for not fewer than Approximate Number of Awards: 1. Note: Please read the complete five participants in the Russian language Anticipated Award Date: Pending announcement before sending inquiries or institute. Applicant organizations availability of funds, October 1, 2009. submitting proposals. Once the RFGP should propose a study location in Anticipated Project Completion Date: deadline has passed, Bureau staff may not Russia other than St. Petersburg and September 30, 2012. discuss this competition with applicants Moscow. Additional Information: Pending until the proposal review process has been (4) Follow-on Activities: Proposals successful implementation of this completed. should outline strategies for providing program and the availability of funds in IV.1 Contact Information to Request small grants to increase further the subsequent fiscal years, it is ECA’s an Application Package: Please contact

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Mr. William Heaton in the Teacher Please note: Effective January 7, 2009, all arrival information and orientation to Exchange Branch, ECA/A/S/X, U.S. applicants for ECA Federal assistance awards participants, monitoring of participants, Department of State, SA–44, 301 4th must include in their application the names proper maintenance and security of Street, SW., Washington, DC 20547, of directors and/or senior executives (current forms, record-keeping, reporting and officers, trustees, and key employees, other requirements. telephone: (202) 453–8888, fax: (202) regardless of amount of compensation). In 453–8890, e-mail: [email protected], fulfilling this requirement, applicants must The award recipient will be to request a Solicitation Package. Please submit information in one of the following responsible for issuing DS–2019 forms refer to the Funding Opportunity ways: to participants in this program. Number ECA/A/S/X–10–04 located at A copy of the complete regulations (1) Those who file Internal Revenue the top of this announcement when governing the administration of Service Form 990, ‘‘Return of making your request. Alternatively, an Exchange Visitor (J) programs is Organization Exempt From Income electronic application package may be available at http://exchanges.state.gov Tax,’’ must include a copy of relevant obtained from grants.gov. Please see or from: United States Department of portions of this form. State Office of Exchange Coordination section IV.3f for further information. (2) Those who do not file IRS Form The Solicitation Package contains the and Designation, ECA/EC/ECD—SA–44, 990 must submit information above in Room 734, 301 4th Street, SW., Proposal Submission Instruction (PSI) the format of their choice. document which consists of required Washington, DC 20547, Telephone: In addition to final program reporting (202) 203–5029, Fax: (202) 453–8640. application forms, and standard requirements, award recipients will also guidelines for proposal preparation. Please refer to Solicitation Package for be required to submit a one-page further information. It also contains the Project Objectives, document, derived from their program Goals and Implementation (POGI) reports, listing and describing their IV.3d.2. Diversity, Freedom and document, which provides specific grant activities. For award recipients, Democracy Guidelines information, award criteria and budget the names of directors and/or senior Pursuant to the Bureau’s authorizing instructions tailored to this competition. executives (current officers, trustees, legislation, programs must maintain a IV.2. To Download a Solicitation and key employees), as well as the one- non-political character and should be Package Via Internet: The entire page description of grant activities, will balanced and representative of the Solicitation Package may be be transmitted by the State Department diversity of American political, social, downloaded from the Bureau’s Web site to OMB, along with other information and cultural life. ‘‘Diversity’’ should be at http://exchanges.state.gov/grants/ required by the Federal Funding interpreted in the broadest sense and open2.html, or from the Grants.gov Web Accountability and Transparency Act encompass differences including, but site at http://www.grants.gov. (FFATA), and will be made available to not limited to ethnicity, race, gender, Please read all information before the public by the Office of Management religion, geographic location, socio- downloading. and Budget on its USASpending.gov economic status, and disabilities. IV.3. Content and Form of Web site as part of ECA’s FFATA Applicants are strongly encouraged to Submission: Applicants must follow all reporting requirements. adhere to the advancement of this instructions in the Solicitation Package. If your organization is a private principle both in program The application should be submitted nonprofit which has not received a grant administration and in program content. per the instructions under IV.3f. or cooperative agreement from ECA in Please refer to the review criteria under Application Deadline and Methods of the past three years, or if your the ‘Support for Diversity’ section for Submission section below. organization received nonprofit status specific suggestions on incorporating IV.3a. You are required to have a Dun from the IRS within the past four years, diversity into your proposal. Public Law and Bradstreet Data Universal you must submit the necessary 104–319 provides that ‘‘in carrying out Numbering System (DUNS) number to documentation to verify nonprofit status programs of educational and cultural apply for a grant or cooperative as directed in the PSI document. Failure exchange in countries whose people do agreement from the U.S. Government. to do so will cause your proposal to be not fully enjoy freedom and This number is a nine-digit declared technically ineligible. democracy,’’ the Bureau ‘‘shall take identification number, which uniquely IV.3d. Please take into consideration appropriate steps to provide identifies business entities. Obtaining a the following information when opportunities for participation in such DUNS number is easy and there is no preparing your proposal narrative: programs to human rights and charge. To obtain a DUNS number, democracy leaders of such countries.’’ access http:// IV.3d.1. Adherence to All Regulations Governing the J Visa Public Law 106—113 requires that the www.dunandbradstreet.com or call 1– governments of the countries described 866–705–5711. Please ensure that your The Bureau of Educational and above do not have inappropriate DUNS number is included in the Cultural Affairs places critically influence in the selection process. appropriate box of the SF–424 which is important emphases on the security and Proposals should reflect advancement of part of the formal application package. proper administration of the Exchange these goals in their program contents, to IV.3b. All proposals must contain an Visitor (J visa) Programs and adherence the full extent deemed feasible. executive summary, proposal narrative by award recipients and sponsors to all and budget. regulations governing the J visa. IV.3d.3. Program Monitoring and Please Refer to the Solicitation Therefore, proposals should Evaluation Package. It contains the mandatory demonstrate the applicant’s capacity to Proposals must include a plan to Proposal Submission Instructions (PSI) meet all requirements governing the monitor and evaluate the project’s document and the Project Objectives, administration of the Exchange Visitor success, both as the activities unfold Goals and Implementation (POGI) Programs as set forth in 22 CFR 62, and at the end of the program. The document for additional formatting and including the oversight of Responsible Bureau recommends that your proposal technical requirements. Officers and Alternate Responsible include a draft survey questionnaire or IV.3c. You must have nonprofit status Officers, screening and selection of other technique plus a description of a with the IRS at the time of application. program participants, provision of pre- methodology to use to link outcomes to

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original project objectives. The Bureau participants, community members, and (2) Electronically through http:// expects that the recipient organization others. www.grants.gov. will track participants or partners and 4. Institutional changes, such as Please Note: ECA strongly encourages be able to respond to key evaluation increased collaboration and organizations interested in applying for this questions, including satisfaction with partnerships, policy reforms, new competition to submit printed, hard copy the program, learning as a result of the programming, and organizational applications as outlined in section IV.3f.1., program, changes in behavior as a result improvements. below rather than submitting electronically of the program, and effects of the Please note: Consideration should be given through Grants.gov. This recommendation is program on institutions (institutions in to the appropriate timing of data collection being made as a result of the anticipated high which participants work or partner for each level of outcome. For example, volume of grant proposals that will be institutions). The evaluation plan satisfaction is usually captured as a short- submitted via the Grants.gov web portal as should include indicators that measure term outcome, whereas behavior and part of the Recovery Act stimulus package. institutional changes are normally gains in mutual understanding as well As stated in this RFGP, ECA bears no considered longer-term outcomes. as substantive knowledge. responsibility for data errors resulting from Successful monitoring and evaluation Overall, the quality of your transmission or conversion processes for depend heavily on setting clear goals monitoring and evaluation plan will be proposals submitted via Grants.gov and outcomes at the outset of a program. judged on how well it (1) Specifies Your evaluation plan should include a intended outcomes; (2) gives clear Along with the Project Title, all description of your project’s objectives, descriptions of how each outcome will applicants must enter the above your anticipated project outcomes, and be measured; (3) identifies when Reference Number in Box 11 on the SF– how and when you intend to measure particular outcomes will be measured; 424 contained in the mandatory these outcomes (performance and (4) provides a clear description of Proposal Submission Instructions (PSI) indicators). The more that outcomes are the data collection strategies for each of the solicitation document. ‘‘smart’’ (specific, measurable, outcome (i.e., surveys, interviews, or IV.3f.1. Submitting Printed Applications attainable, results-oriented, and placed focus groups). (Please note that in a reasonable time frame), the easier evaluation plans that deal only with the Applications must be shipped no later it will be to conduct the evaluation. You first level of outcomes [satisfaction] will than the above deadline. Delivery should also show how your project be deemed less competitive under the services used by applicants must have objectives link to the goals of the present evaluation criteria.) in-place, centralized shipping program described in this RFGP. Recipient organizations will be identification and tracking systems that Your monitoring and evaluation plan required to provide reports analyzing may be accessed via the Internet and should clearly distinguish between their evaluation findings to the Bureau delivery people who are identifiable by program outputs and outcomes. Outputs in their regular program reports. All commonly recognized uniforms and are products and services delivered, data collected, including survey delivery vehicles. Proposals shipped on often stated as an amount. Output responses and contact information, must or before the above deadline but information is important to show the be maintained for a minimum of three received at ECA more than seven days scope or size of project activities, but it years and provided to the Bureau upon after the deadline will be ineligible for cannot substitute for information about request. further consideration under this progress towards outcomes or the IV.3e. Please take the following results achieved. Examples of outputs information into consideration when competition. Proposals shipped after the include the number of people trained or preparing your budget: established deadlines are ineligible for the number of seminars conducted. IV.3e.1. Applicants must submit SF– consideration under this competition. Outcomes, in contrast, represent 424A—‘‘Budget Information—Non- ECA will not notify you upon receipt of specific results a project is intended to Construction Programs’’ along with a application. It is each applicant’s achieve and is usually measured as an comprehensive budget for the entire responsibility to ensure that each extent of change. Findings on outputs program. There must be a summary package is marked with a legible and outcomes should both be reported, budget as well as breakdowns reflecting tracking number and to monitor/confirm but the focus should be on outcomes. both administrative and program delivery to ECA via the Internet. We encourage you to assess the budgets. Applicants may provide Delivery of proposal packages may not following four levels of outcomes, as separate sub-budgets for each program be made via local courier service or in they relate to the program goals set out component, phase, location, or activity person for this competition. Faxed in the RFGP (listed here in increasing to provide clarification. It is anticipated documents will not be accepted at any order of importance): that funding for the cooperative time. Only proposals submitted as 1. Participant satisfaction with the agreement for program administration stated above will be considered. program and exchange experience. will be approximately $500,000. Important note: When preparing your 2. Participant learning, such as IV.3f. Application Deadline and submission please make sure to include one increased knowledge, aptitude, skills, Methods of Submission: extra copy of the completed SF–424 form and and changed understanding and Application Deadline Date: July 7, place it in an envelope addressed to ‘‘ECA/ attitude. Learning includes both 2009. EX/PM’’. substantive (subject-specific) learning Reference Number: ECA/A/S/X–10– and mutual understanding. 04. The original and 5 copies of the 3. Participant behavior, concrete Methods of Submission: Applications application should be sent to: U.S. actions to apply knowledge in work or may be submitted in one of two ways: Department of State, SA–44, Bureau of community; greater participation and (1) In hard-copy, via a nationally Educational and Cultural Affairs, Ref.: responsibility in civic organizations; recognized overnight delivery service ECA/A/S/X–10–04, Program interpretation and explanation of (i.e., Federal Express, UPS, Airborne Management, ECA/EX/PM, Room 534, experiences and new knowledge gained; Express, or U.S. Postal Service Express 301 4th Street, SW., Washington, DC continued contacts between Overnight Mail, etc.), or 20547.

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IV.3f.2. Submitting Electronic closing date to ensure that their entire 1. Quality of the program idea: Applications application has been uploaded to the Proposals should exhibit originality, Applicants have the option of Grants.gov site. There are no exceptions substance, precision, and relevance to submitting proposals electronically to the above deadline. Applications the Bureau’s mission. through Grants.gov (http:// uploaded to the site after midnight of 2. Program planning: Detailed agenda www.grants.gov). Complete solicitation the application deadline date will be and relevant work plan should packages are available at Grants.gov in automatically rejected by the Grants.gov demonstrate substantive undertakings the ‘‘Find’’ portion of the system. system, and will be technically and logistical capacity. Agenda and plan ineligible. should adhere to the program overview Please Note: ECA strongly encourages Please refer to the Grants.gov Web and guidelines described above. organizations interested in applying for this site, for definitions of various 3. Ability to achieve program competition to submit printed, hard copy objectives: Objectives should be applications as outlined in section IV.3f.1., ‘‘application statuses’’ and the below rather than submitting electronically difference between a submission receipt reasonable, feasible, and flexible. through Grants.gov. This recommendation is and a submission validation. Applicants Proposals should clearly demonstrate being made as a result of the anticipated high will receive a validation e-mail from how the institution will meet the volume of grant proposals that will be Grants.gov upon the successful program’s objectives and plan. submitted via the Grants.gov Web portal as submission of an application. Again, 4. Institutional Capacity: Proposed part of the Recovery Act stimulus package. validation of an electronic submission personnel and institutional resources As stated in this RFGP, ECA bears no via Grants.gov can take up to two should be adequate and appropriate to responsibility for data errors resulting from business days. Therefore, we strongly achieve the program or project’s goals. transmission or conversion processes for 5. Support of Diversity: Proposals proposals submitted via Grants.gov. recommend that you not wait until the application deadline to begin the should demonstrate substantive support Please follow the instructions submission process through Grants.gov. of the Bureau’s policy on diversity. available in the ‘Get Started’ portion of ECA will not notify you upon receipt of Achievable and relevant features should the site (http://www.grants.gov/ electronic applications. be cited in both program administration GetStarted). (selection of participants, program It is the responsibility of all Several of the steps in the Grants.gov venue and program evaluation) and applicants submitting proposals via the registration process could take several program content (orientation and wrap- Grants.gov Web portal to ensure that weeks. Therefore, applicants should up sessions, program meetings, resource proposals have been received by check with appropriate staff within their materials and follow-up activities). organizations immediately after Grants.gov in their entirety, and ECA 6. Project Evaluation: Proposals reviewing this RFGP to confirm or bears no responsibility for data errors should include a plan to evaluate the determine their registration status with resulting from transmission or activity’s success, both as the activities Grants.gov. conversion processes. unfold and at the end of the program. A Once registered, the amount of time it IV.3g. Intergovernmental Review of draft survey questionnaire or other can take to upload an application will Applications: Executive Order 12372 technique plus description of a vary depending on a variety of factors does not apply to this program. methodology to use to link outcomes to including the size of the application and V. Application Review Information original project objectives is the speed of your Internet connection. recommended. In addition, validation of an electronic V.1. Review Process: The Bureau will 7. Cost-effectiveness/Cost-sharing: submission via Grants.gov can take up review all proposals for technical The overhead and administrative to two business days. eligibility. Proposals will be deemed components of the proposal, including Therefore, we strongly recommend ineligible if they do not fully adhere to salaries and honoraria, should be kept that you not wait until the application the guidelines stated herein and in the as low as possible. Proposals should deadline to begin the submission Solicitation Package. All eligible maximize cost-sharing through other process through Grants.gov. proposals will be reviewed by the private sector support as well as The Grants.gov Web site includes program office, as well as the relevant institutional direct funding extensive information on all phases/ Embassy Public Diplomacy section contributions. aspects of the Grants.gov process, overseas, where appropriate. Eligible including an extensive section on proposals will be subject to compliance VI. Award Administration Information frequently asked questions, located with Federal and Bureau regulations VI.1a. Award Notices: Final awards under the ‘‘For Applicants’’ section of and guidelines and forwarded to Bureau cannot be made until funds have been the Web site. ECA strongly recommends grant panels for advisory review. appropriated by Congress, allocated and that all potential applicants review Proposals may also be reviewed by the committed through internal Bureau thoroughly the Grants.gov Web site, Office of the Legal Adviser or by other procedures. Successful applicants will well in advance of submitting a Department elements. Final funding receive a Federal Assistance Award proposal through the Grants.gov system. decisions are at the discretion of the (FAA) from the Bureau’s Grants Office. ECA bears no responsibility for data Department of State’s Assistant The FAA and the original proposal with errors resulting from transmission or Secretary for Educational and Cultural subsequent modifications (if applicable) conversion processes. Affairs. Final technical authority for shall be the only binding authorizing Direct all questions regarding cooperative agreements resides with the document between the recipient and the Grants.gov registration and submission Bureau’s Grants Officer. U.S. Government. The FAA will be to: Grants.gov Customer Support, Review Criteria signed by an authorized Grants Officer, Contact Center Phone: 800–518–4726, and mailed to the recipient’s Business Hours: Monday–Friday, 7 Technically eligible applications will responsible officer identified in the a.m.–9 p.m. Eastern Time, E-mail: be competitively reviewed according to application. [email protected]. the criteria stated below. These criteria Unsuccessful applicants will receive Applicants have until midnight (12 are not rank ordered and all carry equal notification of the results of the a.m.), Washington, DC time of the weight in the proposal evaluation: application review from the ECA

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program office coordinating this Program Data Requirements: Award DEPARTMENT OF TRANSPORTATION competition. recipients will be required to maintain VI.2. Administrative and National specific data on program participants Office of the Secretary Policy Requirements: Terms and and activities in an electronically [Docket No. DOT–OST–2008–0388] Conditions for the Administration of accessible database format that can be ECA agreements include the following: shared with the Bureau as required. As Revision of a Previously Approved Office of Management and Budget a minimum, the data must include the Collection: Public Charters, 14 CFR, Circular A–122, ‘‘Cost Principles for following: Part 380 Nonprofit Organizations.’’ Office of Management and Budget (1) Name, address, contact AGENCY: Office of the Secretary. information and biographic sketch of all Circular A–21, ‘‘Cost Principles for ACTION: Notice and request for persons who travel internationally on Educational Institutions.’’ comments. OMB Circular A–87, ‘‘Cost Principles funds provided by the agreement or who for State, Local and Indian benefit from the award funding but do SUMMARY: In compliance with the Governments’’. not travel. Paperwork Reduction Act of 1995, OMB Circular No. A–110 (Revised), (2) Itineraries of international and Public Law 104–13, the Department of Uniform Administrative Requirements domestic travel, providing dates of Transportation (DOT) invites the general for Grants and Agreements with travel and cities in which any exchange public, industry and other governmental Institutions of Higher Education, experiences take place. Final schedules parties to comment on the Public Hospitals, and other Nonprofit for in-country and U.S. activities must Charters, 14 CFR Part 380. The pre- Organizations. be received by the ECA Program Officer existing information collection request OMB Circular No. A–102, Uniform at least three work days prior to the was previously approved by the Office Administrative Requirements for official opening of the activity. of Management and Budget (OMB). Grants-in-Aid to State and Local DATES: VII. Agency Contacts Written comments should be Governments. submitted by July 20, 2009. OMB Circular No. A–133, Audits of For questions about this FOR FURTHER INFORMATION CONTACT: States, Local Government, and Non- Ms. profit Organizations. announcement, contact: William Reather Flemmings (202–366–1865) and Please reference the following Web Heaton, Teacher Exchange Branch, Ms. Torlanda Archer (202–366–1037), sites for additional information: http:// ECA/A/S/X, U.S. Department of State, Office of the Secretary, Office of www.whitehouse.gov/omb/grants; SA–44, 301 4th Street, SW., Room 349, International Aviation, Special http://fa.statebuy.state.gov. Washington, DC 20547, phone: (202) Authorities Division, X–46, 1200 New VI.3. Reporting Requirements: You 453–8888, fax: (202) 453–8890, e-mail: Jersey Avenue, SE., Washington, DC must provide ECA with a hard copy [email protected]. 20590. original plus two copies of the following All correspondence with the Bureau ADDRESSES: You may submit comments reports: concerning this RFGP should reference [identified by Docket No. DOT–OST– (1) A final program and financial the above title and number ECA/A/S/X– 2008–0388] through one of the report no more than 90 days after the 10–04. following methods: expiration of the award; • Please read the complete Federal eRulemaking Portal: http:// (2) A concise, one-page final program www.regulations.gov. Follow the online report summarizing program outcomes announcement before sending inquiries or submitting proposals. Once the RFGP instructions for submitting comments. no more than 90 days after the • Fax: 1–202–493–2251. expiration of the award. This one-page deadline has passed, Bureau staff may • not discuss this competition with Mail or Hand Delivery: Docket report will be transmitted to OMB, and Management Facility, U.S. Department be made available to the public via applicants until the proposal review process has been completed. of Transportation, 1200 New Jersey OMB’s USAspending.gov Web site—as Avenue, SE., West Building, Room part of ECA’s Federal Funding VIII. Other Information W12–140, Washington, DC 20590, Accountability and Transparency Act between 9 a.m. and 5 p.m., Monday (FFATA) reporting requirements. Notice: The terms and conditions through Friday, except on Federal (3) A SF–PPR, ‘‘Performance Progress published in this RFGP are binding and may holidays. Report’’ Cover Sheet with all program not be modified by any Bureau reports. representative. Explanatory information SUPPLEMENTARY INFORMATION: (4) Quarterly program and financial provided by the Bureau that contradicts OMB Control Number: 2106–0005. reports. published language will not be binding. Title: Public Charters, 14 CFR Part Award recipients will be required to Issuance of the RFGP does not constitute an 380. provide reports analyzing their award commitment on the part of the Form Numbers: 4532, 4533, 4534, Government. The Bureau reserves the right to evaluation findings to the Bureau in 4535. reduce, revise, or increase proposal budgets Type of Review: Revision of a their regular program reports. (Please in accordance with the needs of the program refer to IV. Application and Submission and the availability of funds. Awards made previously approved collection: The Instructions (IV.3.d.3) above for Program will be subject to periodic reporting and current OMB inventory has decreased Monitoring and Evaluation information. evaluation requirements per section VI.3 and the changes are listed below. All data collected, including survey above. Abstract: 14 CFR Part 380 (Part 380) responses and contact information, must establishes the regulations of the be maintained for a minimum of three Dated: May 13, 2009. Department’s terms and conditions years and provided to the Bureau upon C. Miller Crouch, governing Public Charter operators to request. Acting Assistant Secretary for Bureau of conduct air transportation using direct All reports must be sent to the ECA Educational and Cultural Affairs, Department air carriers. Public Charter operators Grants Officer and ECA Program Officer of State. arrange transportation for groups of listed in the final assistance award [FR Doc. E9–11949 Filed 5–20–09; 8:45 am] people on chartered aircraft. This document. BILLING CODE 4710–05–P arrangement is less expensive for the

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travelers than individually buying a On average four responses (OST Forms The interest of railroad employees ticket. Part 380 exempts charter 4532, 4533, 4534 and/or 4535) are will be protected by the conditions set operators from certain provisions of the required for filing new prospectuses and forth in Oregon Short Line R. Co.— U.S. code in order that they may two of the responses (forms) are Abandonment—Goshen, 360 I.C.C. 91 provide this service. A primary goal of required for amendments. The separate (1979). Part 380 is to seek protection for the hour burden estimate is as follows: By issuing this notice, the Board is consumer. Accordingly, the rule Total Annual Burden: 891. instituting an exemption proceeding stipulates that the charter operator must Approximately 1,782 (responses) × pursuant to 49 U.S.C. 10502(b). A final file evidence (a prospectus—that 0.50 (per form) = 891. decision will be issued by August 19, consists of OST Forms 4532, 4533, 4534 Public Comments Invited: (a) Whether 2009. and 4535) with the Department for each the proposed collection of information Any offer of financial assistance charter program certifying that it has is necessary for the proper performance (OFA) under 49 CFR 1152.27(b)(2) will entered into a binding contract with a of the functions of the Department, be due no later than 10 days after direct air carrier to provide air including whether the information will service of a decision granting the transportation and that it has also have practical utility; (b) the accuracy of petition for exemption. Each OFA must entered into agreements with the Department’s estimate of the burden be accompanied by a $1,500 filing fee. Department-approved financial of the proposed information collection; See 49 CFR 1002.2(f)(25). institutions for the protection of charter (c) ways to enhance the quality, utility All interested persons should be participants’ funds. The prospectus and clarity of the information collection; aware that, following abandonment of must be approved by the Department and (d) ways to minimize the burden of rail service and salvage of the line, the prior to the operator’s advertising, the collection of information on line may be suitable for other public selling or operating the charter. If the respondents, by the use of electronic use, including interim trail use. Any prospectus information were not means, including the use of automated request for a public use condition under collected, it would be extremely collection techniques or other forms of 49 CFR 1152.28 or for trail use/rail difficult to assure compliance with information technology. All responses banking under 49 CFR 1152.29 will be agency rules and to assure that public to this notice will be summarized and due no later than June 10, 2009. Each security and other consumer protection included in the request for OMB trail use request must be accompanied requirements were in place for the approval. All comments will also by the appropriate filing fee. See 49 CFR 1 traveling public. The information become a matter of public record. 1002.2(f)(27). All filings in response to this notice collected is available for public Authority: The Paperwork Reduction Act inspection (unless the respondent must refer to STB Docket No. AB–55 of 1995; 44 U.S.C. Chapter 35, as amended; (Sub-No. 694X), and must be sent to: (1) specifically requests confidential and 49 CFR 1:48. treatment). Part 380 does not provide Surface Transportation Board, 395 E any assurances of confidentiality. Patricia Lawton, Street, SW., Washington, DC 20423– Burden Statement: Completion of all DOT Paperwork Reduction Act Clearance 0001; and (2) Louis E. Gitomer, Esq., forms in a prospectus can be Officer, Office of the Chief Information Law Offices of Louis E. Gitomer, 600 Officer. accomplished in approximately two Baltimore Avenue, Suite 301, Towson, hours (30 minutes per form) for new [FR Doc. E9–11904 Filed 5–20–09; 8:45 am] MD 21204. Replies to the petition are filers and one hour for amendments BILLING CODE 4910–9X–P due on or before June 10, 2009. Persons seeking further information (existing filings). The forms are concerning abandonment procedures simplified and request only basic DEPARTMENT OF TRANSPORTATION may contact the Board’s Office of Public information about the proposed Assistance, Governmental Affairs, and programs and the private sector. The Surface Transportation Board Compliance at (202) 245–0238 or refer respondent can submit a filing to to the full abandonment or operate for up to one year and include [STB Docket No. AB–55 (Sub-No. 694X)] discontinuance regulations at 49 CFR as many flights as desired, in most part 1152. Questions concerning cases. The operator is then required by CSX Transportation, Inc.— environmental issues may be directed to regulations to file revisions to its Abandonment Exemption—in McMinn the Board’s Section of Environmental original prospectus. County, TN Analysis (SEA) at (202) 245–0305. Respondents: Private Sector: Air On May 1, 2009, CSX Transportation, [Assistance for the hearing impaired is carriers; tour operators; the general Inc. (CSXT), filed with the Board a available through the Federal public (including groups and petition under 49 U.S.C. 10502 for Information Relay Service (FIRS) at 1– individuals, corporations, and exemption from the provisions of 49 800–877–8339.] Universities or Colleges, etc.) U.S.C. 10903 to abandon a 6.4-mile rail An environmental assessment (EA) (or Number of Respondents: 245. line, known as the Athens Branch, on its environmental impact statement (EIS), if Number of Responses: 1,782. Southern Region, Huntington-West necessary) prepared by SEA will be Total Annual Burden: 891. Division, KD Subdivision between served upon all parties of record and Frequency of Responses: milepost OKW 327, at Englewood, and upon any agencies or other persons who × 245 (respondents) 4 = 980. milepost OKW 333.4, at Athens, in commented during its preparation. 401 (amendments from the same McMinn County, TN. The line traverses Other interested persons may contact × respondents) 2 = 802. United States Postal Service Zip Codes SEA to obtain a copy of the EA (or EIS). Total estimated responses: 980 + 802 = 37329 and 37303, and includes the 1,782. Athens station (milepost OKW 334). 1 Until June 3, 2009, the filing fee for a request The frequency of response is The line does not contain federally for a trail use condition is $200. On June 4, 2009, dependent upon whether the operator is granted rights-of-way. Any that fee will increase to $250. See Regulations Governing Fees for Services Performed in requesting a new program or amending documentation in CSXT’s possession Connection with Licensing and Related Services— their existing prospectus. Variations will be made available promptly to 2009 Update, STB Ex Parte No. 542 (Sub-No. 16) occur due to the respondents’ criteria. those requesting it. (STB served May 4, 2009).

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EAs in these abandonment proceedings [email protected]. Please refer to organizes information collection normally will be made available within the assigned OMB control number and requirements in a ‘‘user friendly’’ format 60 days of the filing of the petition. The the title of the information collection in to improve the use of such information; deadline for submission of comments on any correspondence submitted. FRA and (iii) accurately assess the resources the EA will generally be within 30 days will summarize comments received in expended to retrieve and produce of its service. response to this notice in a subsequent information requested. See 44 U.S.C. Board decisions and notices are notice and include them in its 3501. available on our Web site at http:// information collection submission to Below is a brief summary of the www.stb.dot.gov. OMB for approval. proposed information collection Decided: May 15, 2009. FOR FURTHER INFORMATION CONTACT: Mr. activities that FRA will submit for By the Board, Rachel D. Campbell, Robert Brogan, Office of Planning and clearance by OMB as required under the Director, Office of Proceedings. Evaluation Division, RRS–21, Federal PRA: Title: Work Schedules and Sleep Kulunie L. Cannon, Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop 17, Patterns of Train Crews in Commuter Clearance Clerk. Passenger Service. [FR Doc. E9–11875 Filed 5–20–09; 8:45 am] Washington, DC 20590 (telephone: (202) 493–6292) or Ms. Nakia Jackson, Office OMB Control Number: 2130–New. BILLING CODE 4915–01–P of Information Technology, RAD–20, Abstract: The Railroad Safety Federal Railroad Administration, 1200 Improvement Act of 2008 (RSIA), Public Law 110–432, grants the Federal DEPARTMENT OF TRANSPORTATION New Jersey Ave., SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) Railroad Administration (FRA) the authority to prescribe regulations Federal Railroad Administration 493–6073). (These telephone numbers are not toll-free.) ‘‘* * * Governing the Hours of Service [Docket No. FRA 2009–0001–N–11] of Train Employees of Commuter and SUPPLEMENTARY INFORMATION: The Intercity Passenger Railroad Carriers.’’ Paperwork Reduction Act of 1995 Proposed Agency Information (§ 21109). This section of the law (PRA), Public Law No. 104–13, § 2, 109 Collection Activities; Comment provides that: Request Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its Such regulations and orders may address AGENCY: Federal Railroad implementing regulations, 5 CFR Part railroad operating and scheduling practices, Administration, DOT. including unscheduled duty calls, 1320, require Federal agencies to communications during time off duty, and ACTION: Notice. provide 60-days notice to the public for time spent waiting for deadhead comment on information collection transportation or in deadhead transportation SUMMARY: In accordance with the activities before seeking approval of from a duty assignment to the place of final Paperwork Reduction Act of 1995 and such activities by OMB. 44 U.S.C. release, that could affect employee fatigue its implementing regulations, the 3506(c)(2)(A); 5 CFR 1320.8(d)(1), and railroad safety. Federal Railroad Administration (FRA) 1320.10(e)(1), 1320.12(a). Specifically, hereby announces that it is seeking Furthermore, the regulations shall FRA invites interested respondents to consider approval of the following information comment on the following summary of collection activities. Before submitting * * * scientific and medical research proposed information collection related to fatigue and fatigue abatement, these information collection activities regarding: (i) Whether the requirements for clearance by the Office railroad scheduling and operating practices information collection activities are that improve safety or reduce employee of Management and Budget (OMB), FRA necessary for FRA to properly execute fatigue, a railroad’s use of new or novel is soliciting public comment on specific its functions, including whether the technology intended to reduce or eliminate aspects of the activities identified activities will have practical utility; (ii) human error, the variations in freight and below. the accuracy of FRA’s estimates of the passenger railroad scheduling practices and operating conditions, the variations in duties DATES: Comments must be received no burden of the information collection and operating conditions for employees later than July 20, 2009. activities, including the validity of the subject to this chapter, a railroad’s required ADDRESSES: Submit written comments methodology and assumptions used to or voluntary use of fatigue management plans on any or all of the following proposed determine the estimates; (iii) ways for covering employees subject to this chapter, activities by mail to either: Mr. Robert FRA to enhance the quality, utility, and and any other relevant factors. Brogan, Office of Safety, Planning and clarity of the information being The purpose of the research addressed Evaluation Division, RRS–21, Federal collected; and (iv) ways for FRA to under this proposed study is to provide Railroad Administration, 1200 New minimize the burden of information FRA with the necessary information to Jersey Ave., SE., Mail Stop 17, collection activities on the public by meet the requirements of RSIA as noted Washington, DC 20590, or Ms. Nakia automated, electronic, mechanical, or above. Jackson, Office of Information other technological collection The proposed study has two primary Technology, RAD–20, Federal Railroad techniques or other forms of information purposes: Administration, 1200 New Jersey Ave., technology (e.g., permitting electronic • To document and characterize the SE., Mail Stop 35, Washington, DC submission of responses). See 44 U.S.C. work/rest schedules and sleep patterns 20590. Commenters requesting FRA to 3506(c)(2)(A)(I)–(iv); 5 CFR of train crews in commuter passenger acknowledge receipt of their respective 1320.8(d)(1)(I)–(iv). FRA believes that service comments must include a self-addressed soliciting public comment will promote • To examine the relationship stamped postcard stating, ‘‘Comments its efforts to reduce the administrative between these schedules and level of on OMB control number 2130–New.’’ and paperwork burdens associated with alertness/fatigue for the individuals who Alternatively, comments may be the collection of information mandated work these schedules. transmitted via facsimile to (202) 493– by Federal regulations. In summary, The intent is to report results in 6216 or (202) 493–6497, or via e-mail to FRA reasons that comments received aggregate, not by railroad. Mr. Brogan at [email protected], or will advance three objectives: (i) Reduce The study will seek to describe the to Ms. Jackson at reporting burdens; (ii) ensure that it work and sleep patterns for this group

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of railroad employees. It will also obtain FRA to assess whether or not there are Form Number(s): FRA F 6180.130; subjective ratings from participants of any work-related fatigue issues. The FRA F 6180.131. their alertness/sleepiness on both work proposed study will provide a Affected Public: Railroad Employees. and non-work days. Data collection will defensible and definitive estimate of the Respondent Universe: 155 be through the use of a daily diary or log work/rest cycle parameters and fatigue Individuals. as well as a brief background in this group of railroad employees that Frequency of Submission: On questionnaire for each participant. will inform FRA regulatory policy and occasion. Analysis of the diary data will allow the action. Reporting Burden:

Respondent Average time Form No. universe Total annual per response Total annual (individuals) responses (minutes) burden hours

Background Data (Form FRA F 6180.130) ...... 155 155 15 39 Daily Log (FRA F 6180.131) ...... 155 2,170 10 362

Total Responses: 2,325. attendees may need to be limited due to comprehensive plan for reducing the Estimated Total Annual Burden: 401 space constraints) and are invited to serious risk of death and injury in hours. submit test procedure related technical rollover crashes. For the vehicles Status: Regular Review. issues to be considered for discussion currently subject to the standard, Pursuant to 44 U.S.C. 3507(a) and 5 during the workshops. Attendance passenger cars and multipurpose CFR 1320.5(b), 1320.8(b)(3)(vi), FRA requires registration and is free. passenger vehicles, trucks and buses informs all interested parties that it may DATE AND TIME: The workshops and with a GVWR of 2,722 kilograms (6,000 not conduct or sponsor, and a demonstrations for the test procedures pounds) or less, the final rule doubles respondent is not required to respond will be held on one or two days during the amount of force the vehicle’s roof to, a collection of information unless it the week of June 22, 2009, beginning structure must withstand in the displays a currently valid OMB control each day between 8 a.m. and 9 a.m. specified test, from 1.5 times the number. vehicle’s unloaded weight to 3.0 times ADDRESSES: The workshops and Authority: 44 U.S.C. 3501–3520. demonstrations will be held at General the vehicle’s unloaded weight. The final Testing Laboratories (GTL) in Colonial rule also extends the applicability of the Issued in Washington, DC, on May 18, standard to vehicles up to a GVWR of 2009. Beach, Virginia. Directions to the 4,536 kilograms (10,000 pounds), Kimberly Orben, meeting location and final agenda will be sent to registered participants. establishing a force requirement of 1.5 Director, Office of Financial Management, times the vehicle’s unloaded weight for Federal Railroad Administration. FOR FURTHER INFORMATION CONTACT: For these heavier vehicles. Vehicles must [FR Doc. E9–11925 Filed 5–20–09; 8:45 am] registration to one or both workshops, meet the specified force requirements in BILLING CODE 4910–06–P media representatives should contact a two-sided test instead of a single-sided Rae Tyson at (202) 366–9550 or via test, i.e., the same vehicle must meet the e-mail at [email protected]. force requirements when tested first on DEPARTMENT OF TRANSPORTATION Congressional staff should contact Will one side and then on the other side of Otero at (202) 366–9263 or via e-mail at the vehicle. The final rule also National Highway Traffic Safety [email protected]. All other interested Administration establishes a new requirement for parties should contact either Ms. maintenance of headroom, i.e., survival [Docket No. NHTSA–2009–0068] Maritza Marshall or Ms. Elena Sonsev, space, in addition to the existing limit contractors for the Office of Vehicle on the amount of roof crush. The final Notice of Technical Workshops and Safety Compliance, NVS–220, National rule includes special provisions to Demonstrations (One or Two Days Highway Traffic Safety Administration, address the needs of multi-stage During the Week of June 22, 2009) 1200 New Jersey Avenue, SE., manufacturers, alterers, and small Washington, DC 20590, telephone (202) AGENCY: National Highway Traffic volume manufacturers. NHTSA issued a 366–6017 or (202) 366–9897 Safety Administration (NHTSA), DOT. TP indicating the protocol for the respectively, or via electronic mail at conduct of these tests. ACTION: Notice of technical workshops [email protected] or and demonstrations. 49 CFR Part 537: In the effort to [email protected]. For technical substantially improve Corporate SUMMARY: This notice announces that issues relating to roof crush resistance Average Fuel Economy (CAFE) NHTSA will hold two compliance test testing, contact Mr. James Jones, at the standards, NHTSA published a final program workshops to discuss and same address, telephone (202) 366– rule on April 6, 2006, (applicable only demonstrate the Office of Vehicle Safety 5294, or via electronic mail at to light trucks) and a final rule on March Compliance (OVSC) Laboratory Test [email protected]. For technical 30, 2009, (applicable to passenger cars Procedures (TPs) for the agency’s issues relating to vehicle footprint and light trucks). The revised CAFE Federal motor vehicle safety standard measurements, contact Mr. John requirements specify that vehicle (FMVSS) No. 216a, Roof crush Finneran, at the same address, manufacturers must begin to derive resistance, and 49 CFR part 537, telephone (202) 366–0645, or via target average fuel economy standards Automotive Fuel Economy Reports, electronic mail at for each vehicle model type based upon vehicle foot print determination. [email protected]. the vehicle attribute known as, Vehicle manufacturers and other SUPPLEMENTARY INFORMATION: ‘‘footprint.’’ Footprint is defined as the interested persons who wish to FMVSS No. 216a: On May 12, 2009, product of the vehicle measurements for participate in either of the workshops the agency upgraded FMVSS No. 216a, wheelbase and average track width. In are asked to pre-register (the number of Roof Crush Resistance, as part of its the notices, NHTSA also required that

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vehicle manufacturers report wheelbase, by DOT DMS Docket Number NHTSA Issued: May 15, 2009. track width and footprint measurements 2009–0068 by any of the following Harry Thompson, for each vehicle configuration in their methods: Acting Director, Office of Vehicle Safety annual CAFE reports starting in model • Web site: http:// Compliance. year (MY) 2008 for light trucks and MY www.regulations.gov. Follow the [FR Doc. E9–11839 Filed 5–20–09; 8:45 am] 2011 for passenger cars. instructions for submitting comments BILLING CODE 4910–59–P To validate manufacturer’s reported on the DOT electronic docket site. vehicle wheelbase, track width and • footprint information, NHTSA issued a Fax: 1–202–493–2251. DEPARTMENT OF TRANSPORTATION TP indicating the methods that will be • Mail: Docket Management Facility; used to physically measure these U.S. Department of Transportation, 1200 Federal Aviation Administration corresponding dimensions. New Jersey Ave., SE., West Building, Workshops: To enable interested Notice of Availability of the Final Room W12–140, Washington, DC Environmental Impact Statement (Final parties and NHTSA personnel to discuss 20590–0001. the questions concerning TP–216a and EIS) and the ANILCA Section 810 • Hand Delivery: Room W12–140 on TP–537, NHTSA believes that it would Analysis of Impacts to Subsistence the Ground Level of the West Building, be desirable to hold two technical Resources for Proposed Improvement 1200 New Jersey Ave., SE., Washington, workshops and demonstrations on these Activities at the Sitka Rocky Gutierrez DC, between 9 a.m. and 5 p.m., Monday test procedures. The scope of these Airport, Sitka, AK through Friday, except Federal holidays. workshops is strictly limited to issues AGENCY: Federal Aviation • surrounding implementation of OVSC Federal eRulemaking Portal: http:// Administration (FAA), Department of Laboratory Test Procedure TP–216a and www.regulations.gov. Follow the Online Transportation (DOT). The Bureau of TP–537. TP–216a and 537 are posted on instructions for submitting comments. Land Management (BLM), U.S. Army the NHTSA Web site at http:// Instructions: All submissions must Corps of Engineers (USACE), and www.dot.gov (under ‘‘Test Procedures’’ include the agency name and docket National Marine Fisheries Services on the ‘‘Vehicles and Equipment’’ page). number for this technical workshop (NMFS) are cooperating agencies, by Agenda for the workshops and notice. Note that all comments received virtue of their jurisdictional authority demonstrations: The workshops will be will be posted without change to http:// and/or resource management held one or two days during the week www.regulations.gov, including any responsibilities. of June 22, 2009. The agenda includes personal information provided. ACTION: Notice of availability. technical discussions about the execution of the compliance tests, lunch Docket: For access to the docket to SUMMARY: In accordance with the (to be paid for by each participant), and read comments received, go to http:// National Environmental Policy Act of physical test demonstrations. The www.regulations.gov at any time or to 1969 (NEPA, 42 U.S.C. 4321 et seq.) and following is a preliminary agenda for Room W12–140 on the ground level of Council on Environmental Quality the workshops. the West Building, 1200 New Jersey regulations (40 CFR part 1500–1508) the Ave., SE., Washington, DC, between 9 Federal Aviation Administration is FMVSS No. 216a Workshop and a.m. and 5 p.m., Monday through issuing this notice to advise the public Demonstration Friday, except Federal holidays. that the Final ElS for Proposed I. Check-In To Register for this Workshop: Each Improvement Activities at the Sitka II. Welcome and Introductory Remarks person wishing to participate in one or Rocky Gutierrez Airport (SIT) has been III. FMVSS No. 216a Final Rule both of the workshops must register prepared and is available for public Highlights with NHTSA by June 8, 2009. You can review. Written requests for copies of IV. OVSC Test Procedure TP–216a register by contacting Mr. Rae Tyson (for the Final EIS can be submitted to the Content media representatives), Will Otero (for individual listed in the section, FOR V. Discussion of Technical Issues With Congressional members), Ms. Maritza FURTHER INFORMATION CONTACT. Test Procedure Marshall or Ms. Elena Sonsev (for all Final EIS Availability and Review VI. Physical Demonstration of Roof other interested parties) on or before Crush Test June 8, 2009; contact information for Copies of the Final EIS may be viewed VII. Questions & Answers Mr. Rae Tyson, Mr. Otero, Ms. Marshall during regular business hours at the Part 537 Workshop and Demonstration and Ms. Sonsev is listed above. To following locations: register, you must provide NHTSA with 1. Federal Aviation Administration, I. Check-In Airports Division, 222 W. 7th Avenue II. Welcome and Introductory Remarks the name, title, organizational affiliation (if applicable), contact information #14, Anchorage, AK 99513–7504. (907) III. CAFE Program Highlights 271–5454 or (907) 271–5438. IV. OVSC Test Procedure TP–537 (mailing address, phone numbers (Voice and fax), and email address), and 2. Kettleson Memorial Library, 320 Content Harbor Drive, Sitka, AK 99835. (907) V. Discussion of Technical Issues With specify if available lunch will be purchased. Food options on site are 747–8708. Test Procedure 3. Alaska Department of limited. Participants may purchase VI. Physical Demonstration of Foot Print Transportation and Public Facilities, lunch in cash upon check-in each day. Determination 6860 Glacier Highway, Juneau, AK Ms. Marshall or Ms. Sonsev will have VII. Questions & Answers 99811. Submission of Agenda Items: Written information about the lunch options and 4. Downtown Juneau Public Library, suggestions regarding test procedure associated costs at time of registration. 292 Marine Way, Juneau, AK 99801. technical issues to be included in the Due to space limitations, NHTSA may (907) 586–5249. agenda(s) should be submitted to the have to limit the number of participants The Federal Aviation Administration, address below and must be received by per organization. Airports Division has a limited number the agency on or before June 8, 2009. You will be contacted only if this of CDs of the entire Final EIS and the You may submit comments identified meeting is postponed or cancelled. Executive Summary available for public

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distribution. Please contact the Federal received comments on the Draft EIS I. Background Aviation Administration at (907) 271– through October 14, 2008. The FAA has The Federal pipeline safety 5438 for a copy. reviewed and responded to the regulations in 49 CFR Parts 192 and 195 SUPPLEMENTARY INFORMATION: The Sitka comments received during the Draft EIS require operators of natural gas Rocky Gutierrez Airport Master Plan comment period and made revisions to transmission, distribution pipeline outlined development goals and projects the EIS as appropriate. systems, and hazardous liquids pipeline that are anticipated to be necessary over FOR FURTHER INFORMATION CONTACT: systems to use pipe manufactured by a the next 20 or more years at the Airport. Patricia Sullivan. Environmental listed specification in the design of This Final EIS discusses the proposed Specialist, Federal Aviation pipelines in accordance with §§ 192.7, improvements recommended at the Administration, Alaskan Region, 192.55(a), 192.105, and §§ 195.3, Airport over the next five years, which Airports Division, 222 W. 7th Avenue 195.106, and 195.112. have the potential to result in significant #14, Anchorage, AK 99513–7504. Ms. During pipeline construction in the adverse environmental impacts. The Sullivan may be contacted during late-fall of 2008, several recently FAA and the State of Alaska Department business hours at (907) 271–5454 installed natural gas transmission of Transportation and Public Facilities (phone) and (907) 271–2851 (facsimile). pipeline systems experienced field (DOT & PF) propose the following Issued in Anchorage, Alaska on May 14, hydrostatic test failures or excessively projects recommended over the next 2009. expanded pipe joints of large diameter, five years at the Airport to meet the Byron K. Huffman, microalloyed high grade line pipe. identified needs. The major actions Metallurgical, mechanical and chemical assessed in this Final EIS include: Mananger, Airports Division, Alaskan Region. [FR Doc. E9–11764 Filed 5–20–09; 8:45 am] composition tests of the line pipe in b Improvements to the Runway these cases have shown pipe to have BILLING CODE 4910–13–M Safety Area. yield strengths, tensile strengths and/or b Extension of the Parallel Taxiway. chemical compositions that did not b Relocation of the Airport Seaplane meet the requirements of the American Pullout. DEPARTMENT OF TRANSPORTATION b Installation of an Approach Petroleum Institute, Specification for Lighting System. Pipeline and Hazardous Materials Line Pipe—5L, (API 5L), 43rd edition b Repairs and Improvements to the Safety Administration for the specified pipe grade. API 5L, Airport Seawall. product specification level (PSL 2), b Acquisition of Sufficient Property [Docket No. PHMSA–2009–0148] specifies material requirements in Rights to Lands Needed for Existing and Section 6 and inspection and testing Pipeline Safety: Potential Low and Future Aviation and Airport Uses. standards in Section 9. Even though the The proposed Airport improvements Variable Yield and Tensile Strength pipe supplier provided the pipeline would be completed during the 2010– and Chemical Composition Properties owner or operator with documentation 2015 time period and, depending on the in High Strength Line Pipe that the pipe that was delivered to the alternatives implemented, may result in AGENCY: Pipeline and Hazardous owner met these minimum standards, temporary or long-term impacts to the Materials Safety Administration substandard pipe properties were found coastal resources, marine environment (PHMSA); DOT. in some pipe joints. Specifically, and wildlife (including species PHMSA was made aware that some of ACTION: Notice; Issuance of Advisory the line pipe that was installed in these protected under the Endangered Species Bulletin. Act), water quality, wetlands, historical, projects had yield strengths that were architectural, archaeological, and SUMMARY: PHMSA is issuing an advisory up to 15% below the listed API 5L cultural resources, terrestrial wildlife bulletin to owners and operators of specification requirements for the and vegetation, and subsistence. natural gas pipeline and hazardous specific pipe grade. Section 810 of the Alaska National liquid pipeline systems. This bulletin Pipeline owners and operators should Lands Conservation Act (ANILCA) advises pipeline system owners and closely review the manufacturing requires an evaluation on the effects of operators of the potential for high grade procedure specifications for the alternatives presented in this Final EIS line pipe installed on projects to exhibit production and rolling of the steel plate on subsistence activities occurring on inconsistent chemical and mechanical or coil that is to be used in the public lands in the planning area. The properties. Yield strength and tensile production of new microalloyed high evaluation in the Final EIS indicates strength properties that do not meet the strength line pipe to ensure that pipe that none of the alternatives line pipe specification minimums have steel was properly rolled into steel plate significantly restrict subsistence been reported. This advisory bulletin or coil prior to the pipe mill rolling activities. pertains to microalloyed high strength process. Pipeline owners and operators If the transfer of title option is line pipe grades, generally Grade X–70 should request detailed manufacturing selected for the acquisition of property and above. PHMSA recently reviewed procedure specifications (MPS) from the rights, the lands would change from metallurgical testing results from several pipe manufacturer as a basis for Federal to State ownership. This would recent projects indicating pipe joints ensuring critical steel processing result in the loss of Federal subsistence produced from plate or coil from the parameters such as the detailed rolling regulations applying on those lands and same heat may exhibit variable chemical schedule, including, but not limited to the irreversible loss of opportunities for and mechanical properties by as much rolling temperature, heating temperature a subsistence priority for rural residents as 15% lower than the strength values and temperature uniformity, are from loss of Federal public lands. A specified by the pipe manufacturer. controlled throughout the steel rolling long-term lease or easement would process. FOR FURTHER INFORMATION CONTACT: preserve opportunities for a subsistence Mechanical property and chemical Alan Mayberry by phone at (202) 366– priority for rural residents by retaining composition tests should be conducted 5124 or by e-mail at Federal ownership of public lands. throughout the steel making, steel The FAA conducted a public hearing [email protected]. rolling and pipe manufacturing process on the Draft EIS October 2, 2008 and SUPPLEMENTARY INFORMATION: to ensure uniformity of chemical and

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mechanical properties of the pipe prior minimum specification requirements. DEPARTMENT OF TRANSPORTATION to being shipped from the steel and pipe Pipeline owners and operators should rolling mills. Low yield and tensile review all MPS mill test reports and Federal Aviation Administration strength test results are defined as any other appropriate documentation with [AC 187–1C] test results below the minimum their pipe suppliers to determine if all specified yield strength ordered, and specification requirements have been Schedule of Charges Outside the tensile strengths below those specified met. Pipeline owners and operators United States for the specified grade. An example of should be aware that small deviations in pipe standard and grades includes API AGENCY: Federal Aviation steel rolling schedule parameters can Administration (FAA), DOT. 5L, PSL 2, X70 and X80; where X–70 have a pronounced effect on final corresponds to steel achieving a ACTION: Notice of availability. mechanical properties. The MPS should specified minimum yield strength of 70,000 psi; and so on. provide adequate information SUMMARY: The Federal Aviation concerning process details and Administration (FAA) is announcing the II. Advisory Bulletin ADB–09–01 inspection methods to ensure that the availability of Advisory Circular (AC) To: Owners and Operators of materials are uniform and will meet all 187–1C which transmits an updated Hazardous Liquid and Natural Gas specification requirements. schedule of charges for services of FAA Pipeline Systems. PHMSA advises pipeline owners and Flight Standards Aviation Safety Subject: Potential Low and Variable operators of in service pipelines to Inspectors outside the United States. Yield and Tensile Strength and review their pipe specifications, pipe The advisory circular has been updated Chemical Composition Properties in steel making and rolling MPS, pipe mill in accordance with the procedures High Strength Line Pipe. listed in 14 CFR Part 187, Appendix A. Advisory: The Federal pipeline safety test reports, deformation tool results and all hydrostatic test failure results for DATES: This AC is effective on June 1, regulations in 49 CFR Parts 192 and 195 2009. require operators of natural gas both mill and in place hydrostatic tests ADDRESSES: How to obtain copies: A transmission, gas distribution, and to ensure that inconsistent mechanical copy of this publication may be hazardous liquids pipeline systems to and chemical properties are not inherent in microalloyed line pipe downloaded from: http://rgl.faa.gov/ use pipe manufactured by a listed _ _ _ specification in the design of pipelines grades on all API 5L—PSL 2, X70 and Regulatory and Guidance Library/ in accordance with §§ 192.7, 192.55 (a), X80 line pipe installed during recent rgAdvisoryCircular.nsf/0/b38e4a 192.105, and §§ 195.3, 195.106, and construction projects. 75d8e55cae862575b6004e937a/$FILE/ AC%20187-1C.pdf. 195.112. Pipeline owners and operators should PHMSA has identified an integrity FOR FURTHER INFORMATION CONTACT: Dr. conduct technical document reviews on issue with respect to microalloyed high Geoff McIntyre, Flight Standards all high strength microalloyed line pipe grade line pipe. Tests that have been Service, AFS–51, Federal Aviation conducted on line pipe that has been installed during this period, review Administration, 800 Independence installed in pipeline systems have hydrostatic test failures that occurred on Avenue, SW., Washington, DC 20591, shown that some of the pipe material pipelines installed during this period telephone (202) 385–8139. and consider using methods to detect has yield strengths, tensile strengths, Issued in Washington, DC, on May 14, and/or chemical compositions that do pipe expansion such as running 2009. not meet the requirements of the deformation tools that detect expanded John W. McGraw, pipe in these systems if they have any American Petroleum Institute, Deputy Director, Flight Standards Service. knowledge, findings or pipe history that Specification for Line Pipe—5L, (API [FR Doc. E9–11926 Filed 5–20–09; 8:45 am] 5L), for PSL 2 and the specified pipe lead them to believe their newly BILLING CODE 4910–13–P grade. Pipe joints produced from plate constructed high grade line pipe or coil from the same heat may exhibit systems contain line pipe joints that do variable chemical and mechanical not meet specification requirements. DEPARTMENT OF VETERANS properties. Yield strengths below the Should a pipeline owner or operator AFFAIRS minimum specified yield strength have have knowledge of other high grade been reported and yield strengths up to pipe vintages supplied at early dates Advisory Committee on Structural 15% lower than the strength values on that are in their operating systems that Safety of Department of Veterans the pipe manufacturer produced mill may have this problem, they should Affairs Facilities; Notice of Meeting test report have also been reported. In consider conducting reviews as some cases, the affected pipe may described above with these operating The Department of Veterans Affairs successfully pass strength testing pipelines to ensure that operating (VA) gives notice under Public Law 92– methods contained in current pressures and anomaly repair 463 (Federal Advisory Committee Act) that a meeting of the Advisory specifications but may lead to a future procedures are not being conducted Committee on Structural Safety of pipeline integrity issue. The presence of outside of their 49 CFR Parts 192 and low yield strength line pipe installed in Department of Veterans Affairs 195 Code parameters. a pipeline system may result in Facilities will be held on June 18–19, increased susceptibility to excessive Authority: 49 U.S.C. chapter 601 and 49 2009, in Room 442, Export Import Bank, pipe expansion or rupture during the CFR 1.53. 811 Vermont Avenue, NW., pre in-service field hydrostatic strength Issued in Washington, DC, on May 14, Washington, DC. The June 18 session test. 2009. will be from 9 a.m. until 5 p.m., and the PHMSA wants to ensure that owners June 19 session will be from 8:30 a.m. Jeffrey D. Wiese, and operators of recently constructed until 12:30 p.m. The meeting is open to pipeline systems are aware of the need Associate Administrator for Pipeline Safety. the pubic. to investigate whether their pipelines [FR Doc. E9–11815 Filed 5–20–09; 8:45 am] The purpose of the Committee is to contain joints of pipe that do not meet BILLING CODE 4910–60–P advise the Secretary of Veterans Affairs

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on matters of structural safety in the DEPARTMENT OF VETERANS services, long term care/hospice, construction and remodeling of VA AFFAIRS radiology, mental health services and facilities and to recommend standards OEF/OIF services). The Committee will for use by VA in the construction and Advisory Committee on Women also be briefed by the National Cemetery alteration of its facilities. Veterans; Notice of Meeting Administration leadership, and will tour the Dallas-Fort Worth National On June 18, the Committee will The Department of Veterans Affairs Cemetery. On June 10, the Committee review developments in the fields of fire (VA) gives notice under Public Law 92– will meet at the Sam Rayburn Memorial safety issues and structural design as 463 (Federal Advisory Committee Act) that the Advisory Committee on Women Veterans Center (SRMVC) in Bonham, they relate to seismic and other natural receive briefings from SRMVC hazards impact on the safety of Veterans will conduct a site visit on June 8–12, 2009, at the VA North Texas leadership and officials of the Clyde W. buildings. On June 19, the Committee Cosper State Veterans Home, along with will receive briefings and presentations Health Care System (VANTHCS), 4500 South Lancaster Road, Dallas, Texas. tours of the SRMVC facilities and the on current seismic, natural hazards, and Several sessions during the site visit Clyde W. Cosper State Veterans Home. fire safety issues that are particularly will be held at the Dallas-Fort Worth On June 11, the Committee will receive relevant to facilities owned and leased National Cemetery, Sam Rayburn briefings from local vet centers and will by the Department. The Committee will Memorial Veterans Center in Bonham, tour the VANTHCS hospital. On June also discuss appropriate structural and and the Clyde W. Cosper State Veterans 12, the Committee will meet with fire safety recommendations for Home in Bonham. Sessions each day Dallas-Fort Worth area Veterans service inclusion in VA’s standards. during the site visit will be open to the organizations and other stakeholders, No time will be allocated for receiving public, will begin at 8:30 a.m. and will and conduct a town hall meeting with oral presentations from the public. end at 4:30 p.m. the women Veterans community. However, the Committee will accept The purpose of the Committee is to Any member of the public wishing to written comments. Comments should be advise the Secretary of Veterans Affairs attend should contact Ms. Shannon L. sent to Krishna K. Banga, Senior regarding the needs of women Veterans Middleton at the Department of Structural Engineer, Facilities Quality with respect to health care, Veterans Affairs, Center for Women rehabilitation, compensation, outreach, Service, Office of Construction & Veterans (00W), 810 Vermont Avenue, and other programs and activities Facilities Management (00CFM1A), NW., Washington, DC 20420, by phone administered by VA designed to meet at (202) 461–6193, fax at (202) 273– Department of Veterans Affairs, 810 such needs. The Committee makes Vermont Avenue, NW., Washington, DC 7092, or e-mail at [email protected]. recommendations to the Secretary Interested persons may attend, appear 20420. Those wishing to attend should regarding such programs and activities. contact Mr. Banga at (202) 461–8219. before, or file statements with the On June 8, the agenda will include Committee. Written statements must be Dated: May 14, 2009. briefings from VA Heart of Texas Health filed before the meeting, or within 10 By Direction of the Secretary. Care Network (VISN 17) leadership, days after the meeting. E. Philip Riggin, VISN 17 women Veterans program managers, VANTHCS leadership, and Dated: May 14, 2009. Committee Management Officer. the director of the Waco Regional Office. By Direction of the Secretary. [FR Doc. E9–11842 Filed 5–20–09; 8:45 am] On June 9, the Committee will receive E. Philip Riggin, BILLING CODE 8320–01–P briefings from VANTHCS program Committee Management Officer. offices (primary care, women’s health [FR Doc. E9–11844 Filed 5–20–09; 8:45 am] clinic, medical services, surgical BILLING CODE 8320–01–P

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Part II

The President Notice of May 19, 2009—Continuation of the National Emergency With Respect To the Stabilization of Iraq

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Federal Register Presidential Documents Vol. 74, No. 97

Thursday, May 21, 2009

Title 3— Notice of May 19, 2009

The President Continuation of the National Emergency With Respect To the Stabilization of Iraq

On May 22, 2003, by Executive Order 13303, the President declared a national emergency protecting the Development Fund for Iraq and certain other property in which Iraq has an interest, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706). The President took this action to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States posed by obstacles to the orderly reconstruction of Iraq, the restoration and maintenance of peace and security in the country, and the development of political, administrative, and economic institutions in Iraq. In Executive Order 13315 of August 28, 2003, Executive Order 13350 of July 29, 2004, Executive Order 13364 of November 29, 2004, and Executive Order 13438 of July 17, 2007, the President modified the scope of the national emergency declared in Executive Order 13303 and amended the steps taken pursuant to it. Because the obstacles to the orderly reconstruction of Iraq, the restoration and maintenance of peace and security in the country, and the development of political, administrative, and economic institutions in Iraq continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, the national emergency declared on May 22, 2003, and the measures adopted on that date, August 28, 2003, July 29, 2004, November 29, 2004, and July 17, 2007, to deal with that emergency must continue in effect beyond May 22, 2009. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to the stabilization of Iraq.

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This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, May 19, 2009. [FR Doc. E9–12100 Filed 5–20–09; 12:00 pm] Billing code 3195–W9–P

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Reader Aids Federal Register Vol. 74, No. 97 Thursday, May 21, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 9 CFR Executive orders and proclamations 741–6000 Proclamations: 93...... 22090 The United States Government Manual 741–6000 7562 (superseded by Proposed Rules: Other Services 8380) ...... 23603 201...... 22841 8366...... 20403 Electronic and on-line services (voice) 741–6020 10 CFR Privacy Act Compilation 741–6064 8367...... 20861 Public Laws Update Service (numbers, dates, etc.) 741–6043 8368...... 20863 Proposed Rules: TTY for the deaf-and-hard-of-hearing 741–6086 8369...... 21241 37...... 20235 8370...... 21243 50...... 23254 8371...... 21527 52...... 23254 ELECTRONIC RESEARCH 8372...... 21529 440...... 23804 World Wide Web 8373...... 22085 600...... 20427 Full text of the daily Federal Register, CFR and other publications 8374...... 22089 is located at: http://www.gpoaccess.gov/nara/index.html 8375...... 22417 12 CFR Federal Register information and research tools, including Public 8376...... 22419 41...... 22639 Inspection List, indexes, and links to GPO Access are located at: 8377...... 22815 222...... 22639 http://www.archives.gov/federallregister 8378...... 22817 226...... 23289 E-mail 8379...... 23107 229...... 21245 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 8380...... 23603 334...... 22639 an open e-mail service that provides subscribers with a digital 8381...... 23605 571...... 22639 form of the Federal Register Table of Contents. The digital form 8382...... 23607 717...... 22639 of the Federal Register Table of Contents includes HTML and Executive Orders: Proposed Rules: PDF links to the full text of each document. 13508...... 23099 226...... 20784 To join or leave, go to http://listserv.access.gpo.gov and select Administrative Orders: 227...... 20804 Online mailing list archives, FEDREGTOC-L, Join or leave the list Memorandums: 535...... 20804 (or change settings); then follow the instructions. Memo. of May 1, 706...... 20804 PENS (Public Law Electronic Notification Service) is an e-mail 2009 ...... 20865 913...... 22842 service that notifies subscribers of recently enacted laws. Memo. of May 5, 925...... 22848 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 2009 ...... 21531 1204...... 22842 and select Join or leave the list (or change settings); then follow Memo. of April 30, 1263...... 22848 the instructions. 2009 ...... 22637 1282...... 20236 FEDREGTOC-L and PENS are mailing lists only. We cannot Memo. of May 15, 1702...... 22842 2009 ...... 23787 respond to specific inquiries. 13 CFR Reference questions. Send questions and comments about the Notices: Federal Register system to: [email protected] Notice of May 14, 121...... 20577 The Federal Register staff cannot interpret specific documents or 2009 ...... 23287 Proposed Rules: regulations. Notice of May 19, 313...... 20647 Reminders. Effective January 1, 2009, the Reminders, including 2009 ...... 23935 315...... 20647 Rules Going Into Effect and Comments Due Next Week, no longer 5 CFR 14 CFR appear in the Reader Aids section of the Federal Register. This information can be found online at http://www.regulations.gov. 300...... 23109 25 ...... 21533, 22819, 23612 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 532...... 20405, 22421 39 ...... 20580, 20867, 21246, longer appears in the Federal Register. This information can be Proposed Rules: 21249, 21251, 21254, 21544, found online at http://bookstore.gpo.gov/. 300...... 21771 22091, 22422, 22424, 22426, 22429, 22432, 22435, 22646, 7 CFR FEDERAL REGISTER PAGES AND DATE, MAY 23109, 23110, 23305, 23614, 305...... 23609 23617, 23619, 23622, 23625 20201–20404...... 1 319...... 23609 47...... 22819 20405–20558...... 4 1487...... 22089 61...... 22649, 22819 20559–20864...... 5 1755...... 20559 63...... 22649, 22819 20865–21244...... 6 Proposed Rules: 65...... 22649, 22819 21245–21532...... 7 51...... 23128 71 ...... 20410, 20867, 20868, 21533–21766...... 8 301...... 22318 20869, 22093, 22820, 22821 21767–22088...... 11 305...... 22318 73...... 20201 22089–22416...... 12 318...... 22318 91...... 20202, 22649 22417–22636...... 13 319...... 22318 97...... 22668, 22670 22637–22818...... 14 330...... 22318 120...... 22649 22819–23108...... 15 352...... 22318 121...... 22649 23109–23286...... 18 457...... 23660 135...... 20202, 22649 23287–23604...... 19 930...... 22112 Proposed Rules: 23605–23788...... 20 983...... 20630 25...... 20427 23789–23936...... 21 1150...... 23359 39 ...... 20431, 20659, 20661,

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21274, 21278, 21281, 21284, 25...... 21438 3050...... 20834 73 ...... 20419, 20420, 20601, 21285, 21561, 21772, 22123, Proposed Rules: 20893, 22710 22125, 22127, 22712, 23129, 1 ...... 21295, 21519, 23134 40 CFR 74...... 23650 23131, 23664, 23668, 23671 20...... 21519 50...... 23307 80...... 23329 71 ...... 20443, 23370, 23371 25...... 21519 51...... 22693 90 ...... 20602, 23329, 23799 93...... 22714, 22717 52 ...... 20599, 20601, 20872, 95...... 22696 135...... 20263 29 CFR 20874, 20877, 20880, 21550, Proposed Rules: 145...... 21287 4022...... 22826 22693, 22837, 23632 1...... 21613 60...... 23313 2...... 22491 15 CFR Proposed Rules: 403...... 23811 61...... 23313 64...... 23815 774...... 20870 408...... 23811 63...... 22437 73 ...... 20444, 20445, 22498 174...... 23635 74...... 22498 16 CFR 1601...... 23674 1602...... 23674 180 ...... 20883, 20887, 21260, 90...... 23816 3...... 20205 1603...... 23674 22456, 22460, 22464, 23046, 95...... 22491 4...... 20205 1607...... 23674 23640 641...... 22639 1610...... 23674 239...... 20227 48 CFR 680...... 22639 258...... 20227 1611...... 23674 5...... 22810 681...... 22639 271 ...... 22469, 23328, 23645 1614...... 23674 25...... 22810 698...... 22639 745...... 21554 1625...... 23674 52...... 22810 Proposed Rules: 1690...... 23674 Proposed Rules: 501...... 21272 425...... 22720 51...... 22147 525...... 20894 30 CFR 52 ...... 20665, 20895, 20896, 17 CFR 537...... 20605 938...... 21768 20897, 21295, 21568, 21578, 549...... 21272 200...... 20411 21588, 21594, 21599, 21604, 31 CFR 552 ...... 20605, 20894, 21272 230...... 21255 22147, 23678, 23812 904...... 23120 232...... 21255 596...... 23111 60...... 21136, 23372 952...... 23120 239...... 21255 Proposed Rules: 61...... 23372 970...... 23120 274...... 21255 63...... 21136, 22478 103...... 22129 Proposed Rules: 80...... 23678 Proposed Rules: 19...... 23373 32 CFR 93...... 23024 1...... 21290 52...... 20666 180...... 22478 199...... 21547 541...... 23374 18 CFR 271 ...... 22490, 23373, 23679 552...... 23374 Proposed Rules: 33 CFR Chap. I ...... 23810 42 CFR 100 ...... 21550, 22095, 22672 49 CFR 117 ...... 20585, 23628, 23629 Proposed Rules: 19 CFR 165 ...... 20412, 20414, 20586, 50...... 21610 209...... 23329 101...... 23110 20588, 21550, 22100, 22685, 84...... 23814, 23815 211...... 23329 361...... 22094 22687, 22689, 22691, 22828, 412...... 21052 571...... 22348 Proposed Rules: 22830, 23112, 23113, 23630, 431...... 21232 585...... 22348 101...... 23133 23793, 23796 433...... 21230 1002...... 20607 1580...... 23656 Proposed Rules: 440...... 21232 20 CFR 100...... 22142 441...... 21232 Proposed Rules: Proposed Rules: 165 ...... 20270, 21564, 22722, 483...... 22208 571...... 20445 404...... 21563 23139 44 CFR 416...... 21563 50 CFR 34 CFR 64...... 21267, 23115 17...... 23476 21 CFR 668...... 20210 65...... 21271 92...... 23336 510 ...... 20582, 21767, 21768, 686...... 20210 67...... 23117 229...... 23349 22821 690...... 20210 Proposed Rules: 300...... 21194 520...... 21767, 21768 691...... 20210 67...... 22151, 23140 402...... 20421 522...... 20582 622 ...... 20229, 21558, 22476, 45 CFR 524...... 22821 36 CFR 22710 589...... 20583 Proposed Rules: 302...... 23798 648 ...... 20230, 20423, 20528, 601...... 20583 242...... 22867 303...... 23798 21559 1308...... 23789, 23790 307...... 23798 660...... 20610, 20620 Proposed Rules: 38 CFR Proposed Rules: 679 ...... 22477, 23127, 23657, 601...... 20663 3...... 21258, 22103 94...... 21610 23658, 23659 17...... 22832 Proposed Rules: 22 CFR 38...... 20225 46 CFR 17 ...... 21301, 21614, 22870, 215...... 20871 Proposed Rules: 2...... 20416 23376 21...... 21565 8...... 20416, 21554 100...... 22867 24 CFR 36...... 22145 189...... 20416 222...... 20667 3500...... 22822 223...... 20667, 23822 39 CFR 47 CFR 300...... 21615 26 CFR 111...... 22835 1 ...... 22104, 22696, 23328 648...... 20448, 23147 1...... 21256, 21438 955...... 20590 2...... 22696 660...... 20897 20...... 21438 3001...... 20834, 23113 64...... 20892 679...... 22507

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The text of laws is not S. 735/P.L. 111–20 enacted public laws. To published in the Federal Protecting Incentives for the subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Adoption of Children with listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual Special Needs Act of 2009 publaws-l.html pamphlet) form from the (May 15, 2009; 123 Stat. This is a continuing list of 1616) public bills from the current Superintendent of Documents, Note: This service is strictly U.S. Government Printing Last List May 13, 2009 session of Congress which for E-mail notification of new Office, Washington, DC 20402 have become Federal laws. It laws. The text of laws is not (phone, 202–512–1808). The may be used in conjunction available through this service. text will also be made Public Laws Electronic with ‘‘P L U S’’ (Public Laws PENS cannot respond to Update Service) on 202–741– available on the Internet from Notification Service specific inquiries sent to this 6043. This list is also GPO Access at http:// (PENS) 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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