7–27–10 Vol. 75 No. 143 Tuesday July 27, 2010 Pages 43799–44062

7–27–10 Tuesday Vol. 75 No. 143 July 27, 2010

Pages 43799–44062

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Contents Federal Register Vol. 75, No. 143

Tuesday, July 27, 2010

Agriculture Department Copyright Office, Library of Congress See Forest Service RULES See National Agricultural Statistics Service Exemption to Prohibition on Circumvention of Copyright See Rural Utilities Service Protection Systems for Access Control Technologies, 43825–43839 Broadcasting Board of Governors NOTICES Defense Department Meetings; Sunshine Act, 43916–43917 See Defense Logistics Agency NOTICES Centers for Disease Control and Prevention Meetings: NOTICES Defense Science Board; Task Force on Counter Agency Information Collection Activities; Proposals, Insurgency Intelligence, Surveillance and Submissions, and Approvals, 43984–43988 Reconnaissance Operations, 43943 Meetings: Defense Science Board; Task Force on Nuclear Treaty Advisory Committee on Immunization Practices, 43995 Monitoring and Verification, 43943 Disease, Disability, and Injury Prevention and Control Defense Science Board; Task Force on Trends and Special Emphasis Panel; Correction, 43993 Implications of Climate Change, 43944

Children and Families Administration Defense Logistics Agency NOTICES NOTICES Agency Information Collection Activities; Proposals, Membership of the Senior Executive Service Performance Submissions, and Approvals: Review Board, 43944 ADP & Services Conditions for FFP for ACF, 43988– 43989 Department of Transportation Coast Guard See Pipeline and Hazardous Materials Safety RULES Administration Safety Zones: Annual Firework Displays within the Captain of the Port, Economic Development Administration Puget Sound Area of Responsibility; Correction, NOTICES 43821 Petitions by Firms for Determination of Eligibility to Apply DEEPWATER HORIZON Response Staging Area in the for Trade Adjustment Assistance, 43930–43931 Vicinity of Shell Beach, Hopedale, LA, 43821–43823 Heeia Kea Small Boat Harbor, Kaneohe Bay, Oahu, HI, 43823–43825 Education Department NOTICES Commerce Department Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43944–43945 See Economic Development Administration Applications for New Awards for Fiscal Year 2010: See Industry and Security Bureau Promoting Postbaccalaureate Opportunities for Hispanic See International Trade Administration Americans (PPOHA) Program, 44058–44062 See National Institute of Standards and Technology Final Requirements: See National Oceanic and Atmospheric Administration Promoting Postbaccalaureate Opportunities for Hispanic See Patent and Trademark Office NOTICES Americans Program, 44056–44057 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43917 Energy Department See Energy Information Administration Commodity Futures Trading Commission See Federal Energy Regulatory Commission NOTICES NOTICES Meetings; Sunshine Act, 43941 Convention on Supplementary Compensation for Nuclear Damage Contingent Cost Allocation, 43945–43955 Community Development Financial Institutions Fund NOTICES Energy Information Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 44053–44054 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43955 Consumer Product Safety Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Technological Feasibility of 100 ppm for Lead Content: Proposed Change of Disclosure Information from Children’s Products Containing Lead, 43942–43943 Protected to Public, 43956

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Environmental Protection Agency Dassault Aviation Model Falcon 10 Airplanes, et al., PROPOSED RULES 43878–43881 Approval and Promulgation of Implementation Plans: Fokker Services B.V. Model F.28 Mark 0100 Airplanes, New York; Prevention of Significant Deterioration of Air 43876–43878 Quality and Nonattainment New Source Review, Proposed Amendment of Class E Airspace: 43892–43897 Boonville, MO, 43887–43888 Proposed Confidentiality Determinations: Corpus Christi, TX, 43886–43887 Data Required under the Mandatory Greenhouse Kaiser/Lake Ozark, MO, 43885–43886 Reporting Rule, 43889–43892 Searcy, AR, 43884–43885 NOTICES NOTICES Agency Information Collection Activities; Proposals, Noise Exposure Map Acceptance, 44046–44047 Submissions, and Approvals: Passenger Facility Charge Approvals and Disapprovals, 8-Hour Ozone National Ambient Air Quality Standard 44047–44049 Implementation Rule, 43973–43974 Compliance Assurance Monitoring Program, 43969–43970 Federal Communications Commission NESHAP for Chromium Emissions from Hard and PROPOSED RULES Decorative Chromium Electroplating and Chromium FM Table Of Allotments: Anodizing Tanks, 43970–43971 Grants Pass, OR, 43897–43898 NESHAP for Gasoline Distribution Facilities, 43971– 43972 Federal Election Commission NSPS for Sewage Sludge Treatment Plant Incineration, NOTICES 43972–43973 Meetings; Sunshine Act, 43983 Procedures for Implementing the National Environmental Policy Act, etc., 43974–43975 Federal Emergency Management Agency California State Motor Vehicle and Nonroad Engine NOTICES Pollution Control Standards: Agency Information Collection Activities; Proposals, Truck Idling Requirements, 43975–43979 Submissions, and Approvals: Deteminations: Application Form for Single Residential Lot or Structure Massachusetts Marine Sanitation Device Standard, Amendments to National Flood Insurance Program 43979–43981 Maps, 44001–44002 Meetings: Approval and Coordination of Requirements to Use the SAB Trichloroethylene Review Panel, 43981 NETC Extracurricular for Training Activities, 43996– Rescision of Previously Issued Order and Issuance of 43997 Revised Cancellation Order for Certain Pesticide Community Rating System (CRS) Program – Application Registrations: Worksheets and Commentary, 43998 Methyl Parathion, 43981–43983 FEMA Mitigation Best Practices Portfolio, 44000–44001 FEMA/EMI Independent Study Course Enrollment and Federal Aviation Administration Test Answer Sheet, 43995–43996 RULES National Flood Insurance Program – Claim Forms, 44002 Airworthiness Directives: Revision to National Flood Insurance Program Maps: Eurocopter France (ECF) Model EC225LP Helicopters, Application Forms for LOMRs and CLOMRs, 43998– 43801–43803 44000 Piper Aircraft, Inc. PA–28, PA–32, PA–34, and PA–44 Series Airplanes, 43809–43813 Federal Energy Regulatory Commission The Boeing Company Model 737–100, et al., Series NOTICES Airplanes, 43803–43807 Applications: Zaklad Szybowcowy, Jezow Henryk Mynarski Model 5440 Hydro Inc, 43956–43957 PW–6U Sailplanes, 43807–43809 Gloversville, NY, 43957–43958 Amendment of Class D Airspace: Hydrodynamics, Inc., 43958 Goldsboro, NC, 43814–43815 Northern California Power Agency, 43959–43960 Amendment of Class E Airspace and Establishment of Class Turlock Irrigation District; Modesto Irrigation District, E Airspace: 43958–43959 Clemson, SC and Pickens, SC, 43815–43816 Combined Filings, 43960–43963 Amendment of Class E Airspace: Commissioner and Staff Attendances: Mount Airy, NC, 43816–43817 National Association of Regulatory Utility Commissioners Smithfield, NC, 43817 Summer Committee Meetings, 43963 Amendment of VOR Federal Airways V–50, V–251, and V– Compliance Filings: 313: DCP Guadalupe Pipeline, LLC, 43963–43964 Decatur, IL Vicinity, 43818 Enterprise Alabama Intrastate, LLC, 43964 Modification of VOR Federal Airways V–82, V–175, V–191, Regency Intrastate Gas LP, 43963 and V–430: Environmental Assessments; Availability, etc,: Vicinity of Bemidji, MN, 43813–43814 South Carolina Electric and Gas Co., South Carolina, Revocation of Class D and E Airspace: 43964 Panama City, FL, 43818–43819 Environmental Impact Statements; Availability, etc.: PROPOSED RULES New Jersey – New York Expansion Project, 43965–43967 Airworthiness Directives: Filings: Bombardier, Inc. Model CL 600 2C10 (Regional Jet Series Mahvash Yazdi, 43968 700, 701, & 702); et al., 43882–43884 Public Service Company of Colorado, 43967–43968

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Initial Market-Based Rate Filings with Blanket Section 204 Forest Service Authorization Requests: NOTICES REP Energy LLC, 43968–43969 Environmental Impact Statements; Availability, etc.: Proposed Boardman to Hemingway 500 Kilvolt Transmission Line Project, 44008–44010 Federal Highway Administration NOTICES Health and Human Services Department Environmental Impact Statements: See Centers for Disease Control and Prevention National Summaries of Rescinded Intent, 44044–44046 See Children and Families Administration See Food and Drug Administration Federal Motor Carrier Safety Administration See Health Resources and Services Administration NOTICES See National Institutes of Health Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 44049–44050 Health Resources and Services Administration Qualification of Drivers; Exemption Applications; Vision, NOTICES 44050–44051 Meetings: Advisory Committee on Interdisciplinary, Community- Based Linkages, 43993–43994 Federal Railroad Administration RULES Homeland Security Department Hazardous Material Transportation Laws and Regulations See Coast Guard Violations: See Federal Emergency Management Agency Inflation Adjustment of the Ordinary Maximum and See U.S. Customs and Border Protection Aggravated Maximum Civil Monetary Penalties, 43840–43844 Housing and Urban Development Department NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Railroad Safety Advisory Committee, 44046 Submissions, and Approvals: Resolicitation of Applications: Assessment of Consumer Protection Gaps for Home Railroad Safety Technology Program Grant Program, Equity Conversion Mortgage Borrowers, 44004 44051–44053 Capital Advance Section 811 Grant Application for Supportive Housing for Persons with Disabilities, Federal Reserve System 44005 NOTICES Capital Fund Education and Training Community Changes in Bank Control: Facilities, 44005–44006 Acquisition of Shares of Bank or Bank Holding Financial Standards for Housing Agency-Owned Companies, 43983 Insurance Entities, 44003 Formations of, Acquisitions by, and Mergers of Bank HUD-Owned Real Estate – Sales Contract and Holding Companies, 43983–43984 Addendums (HUD Programs), 44006–44007 Mortgagees Application for Partial Settlement; Multifamily Mortgage, 44003–44004 Federal Retirement Thrift Investment Board Veterans Homelessness Prevention Demonstration Program: RULES Fiscal Year 2009 Implementation, 44007 Employee Contribution Elections and Contribution Allocations, 43799–43800 Indian Affairs Bureau NOTICES Fish and Wildlife Service Liquor Ordinance of the Wichita and Affiliated Tribes, RULES 44011–44015 Endangered and Threatened Wildlife and Plants: Industry and Security Bureau Determination of Medium Tree-Finch (Camarhynchus Pauper) as Endangered Throughout Its Range, 43853– RULES 43864 Clarification of Grace Period for Encryption Registration Determination on Listing the Black-Breasted Puffleg as Requirement, 43819–43821 Endangered Throughout its Range, 43844–43853 Interior Department NOTICES Letters of Authorization to Take Marine Mammals, 44010– See Fish and Wildlife Service 44011 See Indian Affairs Bureau See Land Management Bureau

Food and Drug Administration International Trade Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Pet Event Tracking Network—State, Federal Cooperation Implementation of Tariff Rate Quota for Imports of to Prevent Spread of Pet Food Related Diseases, Certain Worsted Wool, 43917–43918 43990–43992 Consolidated Decision on Applications for Duty-Free Entry Sample Collection Plan for Dogs Treated With Slentrol, of Electron Microscopes: 43989–43990 National Center for Toxicological Research, et al., 43918

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Energy and Infrastructure Mission to Saudi Arabia: New England Fishery Management Council, 43928–43929 Third Stop Added to the Trade Mission Itinerary, 43919– National Weather Service Strategic Plan, 2011–2020, 43921 43929–43930 Final Results of Antidumping Duty Administrative Review: Certain Polyester Staple Fiber from Taiwan, 43921–43922 Nuclear Regulatory Commission Preliminary Results of Full Sunset Review: PROPOSED RULES Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Licenses, Certifications, and Approvals for Material Products from Brazil, 43931–43933 Licensees, 43865–43876 The Americas Business Trade Mission to Mexico, 43939– NOTICES 43941 Applications, Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, International Trade Commission 44020–44028 NOTICES Meetings; Sunshine Act, 44028 Investigations: Certain Semiconductor Products Made By Advanced Patent and Trademark Office Lithography Techniques and Products Containing NOTICES Same, 44015–44016 Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos, 43922– Labor Department 43928 NOTICES Agency Information Collection Activities; Proposals, Pension Benefit Guaranty Corporation Submissions, and Approvals, 44016–44017 NOTICES Agency Information Collection Activities; Proposals, Land Management Bureau Submissions, and Approvals: NOTICES Payment of Premiums, 44028–44029 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44007–44008 Pipeline and Hazardous Materials Safety Administration Environmental Impact Statements; Availability, etc.: PROPOSED RULES Proposed Boardman to Hemingway 500 Kilvolt Hazardous Materials Transportation: Transmission Line Project, 44008–44010 Revisions of Special Permits Procedures, 43898–43906 Requirements for the Storage of Explosives During Legal Services Corporation Transportaion: NOTICES Hazardous Materials, 43906–43914 Meetings; Sunshine Act, 44018–44020 Postal Regulatory Commission Library of Congress NOTICES See Copyright Office, Library of Congress New Postal Product, 44029–44030 National Agricultural Statistics Service Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 43915 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44030–44031 National Credit Union Administration NOTICES Rural Utilities Service Meetings; Sunshine Act, 44020 NOTICES Records of Decision; Availability: National Institute of Standards and Technology Basin Electric Power Cooperative; Deer Creek Station, NOTICES 43915–43916 Request for Nominations for Members: National Institute of Standards and Technology Federal Securities and Exchange Commission Advisory Committees, 43933–43939 NOTICES Applications: National Institutes of Health Goldman, Sachs & Co., et al., 44031–44033 NOTICES Meetings; Sunshine Act, 44033 Government-Owned Inventions; Availability for Licensing, Self-Regulatory Organizations; Proposed Rule Changes: 43992–43993 Financial Industry Regulatory Authority, Inc., 44033– Meetings: 44037 Center for Scientific Review, 43994 NASDAQ Stock Market LLC, 44037–44040 National Center for Complementary and Alternative New York Stock Exchange LLC, 44042–44044 Medicine, 43994–43995 NYSE Amex LLC, 44040–44042 National Institute of Biomedical Imaging and Bioengineering, 43993 Statistical Reporting Service National Institute on Aging, 43995 See National Agricultural Statistics Service

National Oceanic and Atmospheric Administration Transportation Department NOTICES See Federal Aviation Administration Meetings: See Federal Highway Administration Atlantic Highly Migratory Species Advisory Panel, 43928 See Federal Motor Carrier Safety Administration

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See Federal Railroad Administration Separate Parts In This Issue See Pipeline and Hazardous Materials Safety Administration Part II Education Department, 44056–44062 Treasury Department See Community Development Financial Institutions Fund Reader Aids Consult the Reader Aids section at the end of this page for U.S. Customs and Border Protection phone numbers, online resources, finding aids, reminders, NOTICES and notice of recently enacted public laws. Agency Information Collection Activities; Proposals, To subscribe to the Federal Register Table of Contents Submissions, and Approvals: LISTSERV electronic mailing list, go to http:// Transportation Entry and Manifest of Goods Subject to listserv.access.gpo.gov and select Online mailing list CBP Inspection and Permit, 43997–43998 archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

5 CFR 1600...... 43799 10 CFR Proposed Rules: 30...... 43865 36...... 43865 39...... 43865 40...... 43865 51...... 43865 70...... 43865 150...... 43865 14 CFR 39 (4 documents) ...... 43801, 43803, 43807, 43809 71 (6 documents) ...... 43813, 43814, 43815, 43816, 43817, 43818 Proposed Rules: 39 (3 documents) ...... 43876, 43878, 43882 71 (4 documents) ...... 43884, 43885, 43886, 43887 15 CFR 740...... 43819 742...... 43819 33 CFR 165 (3 documents) ...... 43821, 43823 37 CFR 201...... 43825 40 CFR Proposed Rules: 2...... 43889 52...... 43892 47 CFR Proposed Rules: 73...... 43897 49 CFR 209...... 43840 Proposed Rules: 105...... 43898 107...... 43898 171 (2 documents) ...... 43898, 43906 177...... 43906 50 CFR 17 (2 documents) ...... 43844, 43853

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Rules and Regulations Federal Register Vol. 75, No. 143

Tuesday, July 27, 2010

This section of the FEDERAL REGISTER clear and timely notice to newly hired contributions made on his or her behalf. contains regulatory documents having general or rehired employees regarding their In contrast, section 1600.34(b) of the applicability and legal effect, most of which rights and obligations under the proposed rule provides that a are keyed to and codified in the Code of Agency’s automatic enrollment participant will no longer be considered Federal Regulations, which is published under program. In response to this comment, to be covered by the automatic 50 titles pursuant to 44 U.S.C. 1510. the Agency has provided employing enrollment program if the participant The Code of Federal Regulations is sold by agencies with a sample notice to send to makes a contribution election, i.e., the Superintendent of Documents. Prices of newly hired or rehired employees who elects to have contributions made in a new books are listed in the first FEDERAL are automatically enrolled. The Agency different amount or percentage of basic REGISTER issue of each week. promulgated separate guidance that pay. Section 1600.34(b) of the proposed directs employing agencies to provide rule reflects section 1.414(w)–1(e)(2)(ii) this notice so that employees can take of the Internal Revenue Service’s FEDERAL RETIREMENT THRIFT action within the first automatic regulation governing refunds from INVESTMENT BOARD enrollment pay period. automatic contribution arrangements. 26 In addition, the Agency will directly CFR § 1.414(w)–1(e)(2)(ii). 5 CFR Part 1600 notify new enrollees of their right to opt A participant who is no longer out of the automatic enrollment program automatically enrolled by reason of Employee Contribution Elections and having made a contribution election Contribution Allocations and to request a refund of default employee contributions. This will retain the right to request a refund AGENCY: Federal Retirement Thrift information will be provided in the TSP within 90 days following the date of the Investment Board. Welcome Letter sent to all employees first default employee contribution ACTION: Final rule. upon receipt of their first contribution. made to his or her account. However, One participant objected to the the amount of the refund will be limited SUMMARY: The Federal Retirement Thrift forfeiture of agency matching to the amount of the default employee Investment Board (Agency) is amending contributions attributable to refunded contributions (adjusted for allocable its regulations at 5 CFR part 1600. These default employee contributions. The gains and losses) made during the changes implement the Agency’s Internal Revenue Service (IRS) period in which the participant was automatic enrollment program as mandates forfeiture of matching considered automatically enrolled. authorized by the Thrift Savings Plan contributions attributable to refunded One participant recommended that Enhancement Act of 2009. default employee contributions. See the TSP provide participants with DATES: This rule is effective August 1, ‘‘Automatic Contribution Arrangements’’ options to self direct investment of their retirement funds. This comment is 2010. 74 FR 8200, 8206 (February 24, 2009). outside the scope of the proposed rule. FOR FURTHER INFORMATION CONTACT: The TSP must follow applicable IRS The Agency appreciates the Megan G. Grumbine at 202–942–1644 or guidance such as this to the extent that opportunity to review and respond to Laurissa Stokes at 202–942–1645. it is consistent with FERSA. See 5 comments from participants who take SUPPLEMENTARY INFORMATION: The U.S.C. § 8440; 26 U.S.C. 7701(j). an active interest in the TSP and offer Agency administers the Thrift Savings Another participant suggested that the suggestions. The comment process Plan (TSP), which was established by Agency should not require a allowed the Agency to address any the Federal Employees’ Retirement participant’s notarized signature in misunderstandings about the proposed System Act of 1986 (FERSA), Public order to request a refund of default change, to learn if there are Law 99–335, 100 Stat. 514. The TSP employee contributions. The proposed unanticipated legal or policy provisions of FERSA are codified, as rule does not require a notarized impediments to the proposed change, amended, largely at 5 U.S.C. 8351 and signature in order to request a refund of and to hear suggestions about how 8401–79. The TSP is a tax-deferred default employee contributions. In better to implement the proposed retirement savings plan for Federal practice, however, the Agency will soon change. Although the comments civilian employees and members of the require a notarized signature for all received did not cause the Executive uniformed services. The TSP is similar withdrawal requests, including a Director to make any changes to the text to cash or deferred arrangements request for a refund of default employee of the proposed rule, he did carefully established for private-sector employees contributions, as a measure to protect consider all comments received and under section 401(k) of the Internal participants’ TSP accounts from addressed some of the concerns through Revenue Code (26 U.S.C. 401(k)). fraudulent withdrawals. other Agency guidance. Therefore, the On June 17, 2010, the Agency One commenter requested affirmation Agency is publishing the proposed rule published a proposed rule with request that contribution elections and as final without change. for comments in the Federal Register contribution allocations differ with (75 FR 34388, June 17, 2010). The respect to their effect on a participant’s Regulatory Flexibility Act Agency received comments from one continued coverage under the automatic I certify that this regulation will not Federal employees’ union, three enrollment program. A participant who have a significant economic impact on participants, and one other party. makes only a contribution allocation a substantial number of small entities. The Federal employees’ union will continue to receive default This regulation will affect Federal endorsed the proposed changes. The employee contributions until he or she employees who participate in the Thrift union, however, expressed concern that files a contribution election or elects not Savings Plan, which is a Federal defined employing agencies may fail to provide to have any default employee contribution retirement savings plan

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created under the Federal Employees’ Subpart E—Automatic Enrollment contributions (adjusted for allocable Retirement System Act of 1986, Pub. L. Program gains and losses). No. 99–335, 100 Stat. 514, and (c) After the expiration of the period administered by the Agency. 1600.34 Automatic Enrollment Program 1600.35 Refunds allowed for the refund, any withdrawal Paperwork Reduction Act 1600.36 Matching Contributions must be made pursuant to 5 U.S.C. 8433 1600.37 Employing Agency Notice and 5 CFR part 1650. I certify that these regulations do not Authority: Sec. 102, Pub. L. 111–31, div. require additional reporting under the (d) A married participant may request B. tit. I, 123 Stat. 1776, 1853 (5 U.S.C. a refund of default employee criteria of the Paperwork Reduction Act. 8432(b)(2)(A)). contributions without obtaining the Unfunded Mandates Reform Act of § 1600.34 Automatic Enrollment Program. consent of his or her spouse or having 1995 (a) All newly hired Federal employees the TSP notify the spouse of the request. Pursuant to the Unfunded Mandates who are eligible to participate in the (e) The rules applicable to frozen Reform Act of 1995, 2 U.S.C. 602, 632, Thrift Savings Plan and those Federal accounts (5 CFR 1650.3) and applicable 653, 1501–1571, the effects of this employees who are rehired after a to deceased participants (5 CFR 1650.6) regulation on state, local, and tribal separation in service of 31 or more also apply to refunds of the default governments and the private sector have calendar days and who are eligible to employee contributions. been assessed. This regulation will not participate in the TSP will compel the expenditure in any one year automatically have 3 percent of their § 1600.36 Matching Contributions. basic pay contributed to the TSP of $100 million or more by state, local, (a) A participant is not entitled to and tribal governments, in the aggregate, (default employee contribution) unless they elect to not contribute or elect to keep the matching contributions and or by the private sector. Therefore, a their associated earnings that are statement under § 1532 is not required. contribute at some other level by the end of the employee’s first pay period attributable to refunded default Submission to Congress and the (subject to the agency’s processing employee contributions. General Accounting Office timeframes). (b) The matching contributions and (b) After being automatically enrolled, Pursuant to 5 U.S.C. 810(a)(1)(A), the associated earnings attributable to a participant may elect to terminate refunded default employee Agency submitted a report containing default employee contributions or this rule and other required information contributions shall be forfeited to the change his or her contribution TSP and used to offset administrative to the U.S. Senate, the U.S. House of percentage or amount at any time. Representatives, and the Comptroller expenses. § 1600.35 Refunds of default employee General of the United States before § 1600.37 Employing Agency Notice. publication of this rule in the Federal contributions. Register. This rule is not a major rule as (a) A participant may request a refund Employing agencies shall furnish all defined at 5 U.S.C. 814(2). of any default employee contributions new employees and all rehired made on his or her behalf (i.e., the List of Subjects in 5 CFR Part 1600 employees covered by the automatic contributions made while under the enrollment program a notice that Government employees, Pensions, automatic enrollment program) accurately describes: provided the request is received within Retirement. (a) That default employee 90 days after the date that the first contributions equal to 3 percent of the Gregory T. Long, default employee contribution was Executive Director, Federal Retirement Thrift processed. The election must be made employee’s basic pay will be deducted Investment Board. on the TSP’s refund request form and from his or her pay and contributed to the TSP on the employee’s behalf if the ■ must be received by the TSP’s record For the reasons stated in the preamble, employee does not make an affirmative the Agency amends 5 CFR part 1600 as keeper prior to the expiration of the 90- election; follows: day period. (1) The distribution of a refund will (b) The employee’s right to elect to PART 1600—EMPLOYEE be reported as income to the participant not have default employee contributions CONTRIBUTION ELECTIONS AND on IRS Form 1099–R, but it will not be made to the TSP on his or her behalf or CONTRIBUTION ALLOCATIONS subject to the additional tax under 26 to elect to have a different percentage or U.S.C. 72(t) (the early withdrawal amount of basic pay contributed to the ■ 1. The authority citation for part 1600 penalty tax). TSP; continues to read as follows: (2) A participant who requests a refund will receive the amount of any (c) That the default employee Authority: 5 U.S.C. 8351, 8432(a), 8432(b), contributions will be invested in the G 8432(c), 8432(j), 8474(b)(5) and (c)(1), Thrift default employee contributions Savings Plan Enhancement Act of 2009, (adjusted for allocable gains and losses). Fund unless the employee makes a section 102. (3) Processing of refunds will be contribution allocation and/or an subject to the rules set out at 5 CFR part interfund transfer; and ■ 2. Revise the heading to part 1600 to 1650. (d) The employee’s ability to request read as follows: (b) A participant will no longer be a refund of any default employee considered to be covered by the contributions (adjusted for allocable PART 1600—EMPLOYEE automatic enrollment program if the gains and losses) and the procedures to CONTRIBUTION ELECTIONS, participant files a contribution election. request such a refund. CONTRIBUTION ALLOCATIONS, AND Consequently, if a participant makes a AUTOMATIC ENROLLMENT contribution election during the 90-day [FR Doc. 2010–18346 Filed 7–26–10; 8:45 am] PROGRAM period, the participant will only be BILLING CODE 6760–01–P eligible to receive as a refund an amount ■ 3. Add subpart E to read as follows: equal to his or her default employee

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DEPARTMENT OF TRANSPORTATION Avenue, SE., Washington, DC 20590, helicopter. Eurocopter has also issued between 9 a.m. and 5 p.m., Monday EASB No. 62–007, dated July 10, 2009 Federal Aviation Administration through Friday, except Federal holidays. (SB 62–007), which corresponds to You may get the service information MOD 0743718. EASB 05A003 specifies 14 CFR Part 39 identified in this AD from American checking the MRH in the area of the [Docket No. FAA–2010–0721; Directorate Eurocopter Corporation, 2701 Forum cone restrainer support attachment lugs Identifier 2009–SW–56–AD; Amendment 39– Drive, Grand Prairie, TX 75053–4005, and the dome fairing support 16370; AD 2010–15–04] telephone (800) 232–0323, fax (972) attachment lugs for a crack. If a crack is 641–3710, or at http:// found in one of the five lugs of the cone RIN 2120–AA64 www.eurocopter.com. restrainer support or the dome fairing Airworthiness Directives; Eurocopter Examining the Docket: You may support, the EASB specifies complying France (ECF) Model EC225LP examine the AD docket on the Internet with SB 62–007 before further flight. SB Helicopters at http://www.regulations.gov or in 62–007 specifies modifying the MRH by person at the Docket Operations office replacing the cone restrainer support AGENCY: Federal Aviation between 9 a.m. and 5 p.m., Monday and the dome fairing support, Administration (FAA), Department of through Friday, except Federal holidays. reidentifying those parts and balancing Transportation (DOT). The AD docket contains this AD, the the main rotor blades if they were ACTION: Final rule; request for economic evaluation, any comments removed. The actions described in the comments. received, and other information. The MCAI AD are intended to correct the street address for the Docket Operations unsafe condition identified in the SUMMARY: We are adopting a new office (telephone (800) 647–5527) is service information. airworthiness directive (AD) for the stated in the ADDRESSES section of this FAA’s Evaluation and Unsafe Condition specified ECF Model EC225LP AD. Comments will be available in the Determination helicopters. This AD results from a AD docket shortly after receipt. mandatory continuing airworthiness FOR FURTHER INFORMATION CONTACT: This helicopter has been approved by information (MCAI) AD issued by the DOT/FAA Southwest Region, Gary the aviation authority of France and is aviation authority of the European Roach, ASW–111, Aviation Safety approved for operation in the United Aviation Safety Agency (EASA), which Engineer, Rotorcraft Directorate, States. Pursuant to our bilateral is the Technical Agent for the Member Regulations and Guidance Group, 2601 agreement with France, EASA, their States of the European Community. The Meacham Blvd., Fort Worth, Texas Technical Agent, has notified us of the MCAI AD states there have been a ‘‘few’’ 76137, telephone (817) 222–5130, fax unsafe condition described in the MCAI reports of cracks and failure of the main (817) 222–5961. AD. We are issuing this AD because we rotor hub (MRH) cone restrainer support evaluated all information provided by SUPPLEMENTARY INFORMATION: lugs at their attachment points on the EASA and determined the unsafe reinforcement ring where the dome Discussion condition exists and is likely to exist or develop on other helicopters of this fairing is secured. Also, cracks on the EASA, which is the Technical Agent same type design. dome fairing support have been for the Member States of the European reported. Failure of the cone restrainer Community, has issued EASA AD 2009– Differences Between This AD and the support or the dome fairing support 0024, dated February 20, 2009, to MCAI AD attachment lugs may lead to loss of the correct an unsafe condition for the dome fairing, damage to the rotor We do not specify dates because the Eurocopter Model EC225LP helicopters. dates have already passed nor do we blades, and subsequent loss of control of The MCAI AD states there have been the helicopter. specify the compliance time in days but a ‘‘few’’ reports of cracks and failure of rather only in hours time-in-service DATES: This AD becomes effective on the MRH cone restrainer support lugs in (TIS). We also use a different August 11, 2010. the area of their attachment points on compliance time. Also, we use inspect The incorporation by reference of the reinforcement ring where the dome rather than check when referring to an certain publications listed in the fairing is secured. Also, cracks on the action required by a mechanic as regulations is approved by the Director dome fairing support have been opposed to a pilot. of the Federal Register as of August 11, reported. Failure of the cone restrainer 2010. support or the dome fairing support Costs of Compliance We must receive comments on this attachment lugs may lead to loss of the We estimate that this AD will affect AD by September 27, 2010. dome fairing, damage to the rotor about 4 helicopters of U.S. registry. We ADDRESSES: You may send comments by blades, and subsequent loss of control of also estimate that it will take about 30 any of the following methods: the helicopter or injury to persons on work-hours per helicopter to inspect • Federal eRulemaking Portal: Go to the ground. and modify the MRH. The average labor http://www.regulations.gov. Follow the You may obtain further information rate is $85 per work-hour. Required instructions for submitting your by examining the MCAI AD and any parts will cost about $18,981 per comments electronically. related service information in the AD helicopter. Based on these figures, we • Fax: (202) 493–2251. docket. estimate the cost of this AD on U.S. • Mail: U.S. Department of Related Service Information operators will be $86,124, assuming a Transportation, Docket Operations, crack is found in each MRH cone M–30, West Building Ground Floor, Eurocopter has issued one Emergency restrainer support or dome fairing Room W12–140, 1200 New Jersey Alert Service Bulletin (EASB) No. support attachment lugs. Avenue, SE., Washington, DC 20590. 05A003, Revision 2, dated February 3, • Hand Delivery: U.S. Department of 2009 (EASB No. 05A003) for two FAA’s Determination of the Effective Transportation, Docket Operations, different helicopters: the Model Date M–30, West Building Ground Floor, EC225LP and the military Model An unsafe condition exists that Room W12–140, 1200 New Jersey EC725AP, a non-FAA type certificated requires the immediate adoption of this

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AD. We find that the risk to the flying Regulatory Findings points on the reinforcement ring where the public justifies waiving notice and dome fairing is secured. Also, cracks on the We determined that this AD will not dome fairing support have been reported. comment prior to adoption of this rule have federalism implications under because of the short compliance time of Failure of the cone restrainer support or the Executive Order 13132. This AD will dome fairing support attachment lugs may 15 hours TIS to conduct the inspection not have a substantial direct effect on lead to loss of the dome fairing, damage to for a crack in the attachment lugs. the States, on the relationship between the rotor blades, and subsequent loss of Failure of these lugs could result in loss the national government and the States, control of the helicopter. of control of the helicopter. Therefore, or on the distribution of power and Actions and Compliance we have determined that notice and responsibilities among the various (e) Required as indicated: opportunity for public comment before levels of government. issuing this AD are impracticable and (1) Within 15 hours time-in-service (TIS), Therefore, I certify this AD: unless already done, and thereafter at that good cause exists for making this 1. Is not a ‘‘significant regulatory intervals not to exceed 15 hours TIS, visually amendment effective in fewer than 30 action’’ under Executive Order 12866; inspect for a crack in the area of the days. 2. Is not a ‘‘significant rule’’ under the attachment points on the MRH reinforcement ring of the lugs securing the cone restrainer Comments Invited DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and support and also of the lugs securing the This AD is a final rule that involves 3. Will not have a significant dome fairing support as depicted in Figures economic impact, positive or negative, 1 and 2 of Eurocopter Emergency Alert requirements affecting flight safety, and Service Bulletin No. 05A003, Revision 2, we did not precede it by notice and on a substantial number of small entities dated February 3, 2009 (EASB No. 05A003) opportunity for public comment. under the criteria of the Regulatory and by following the Accomplishment However, we invite you to send us any Flexibility Act. Instructions, paragraph 2.B.1, of EASB No. written data, views, or arguments We prepared an economic evaluation 05A003. concerning this AD. Send your of the estimated costs to comply with Note: The one EASB No. 05A003 applies comments to an address listed under the this AD and placed it in the AD docket. to two different model helicopters: Eurocopter Model EC225LP helicopters that ADDRESSES section of this AD. Include List of Subjects in 14 CFR Part 39 ‘‘Docket No. FAA–2010–0721; are type-certificated in the United States and ’’ Air transportation, Aircraft, Aviation Eurocopter Model EC725AP military Directorate Identifier 2009–SW–56–AD helicopters that are not type-certificated in at the beginning of your comments. We safety, Incorporation by reference, Safety. the United States. specifically invite comments on the (2) If a crack is found in the area of any overall regulatory, economic, Adoption of the Amendment of the lugs of the cone restrainer support or environmental, and energy aspects of ■ the dome fairing support, as depicted in this AD. We will consider all comments Accordingly, under the authority Figures 1 and 2 of EASB No. 05A003, before received by the closing date and may delegated to me by the Administrator, further flight, modify the MRH by replacing amend this AD because of those the FAA amends 14 CFR part 39 as both the cone restrainer support and the comments. follows: dome fairing support assembly by following the Accomplishment Instructions, paragraphs We will post all comments we PART 39—AIRWORTHINESS 2.B.1. and 2.B.2., reidentify the cone receive, without change, to http:// DIRECTIVES restrainer support and dome fairing assembly www.regulations.gov including any by following paragraph 2.D., and if removed, personal information you provide. We ■ 1. The authority citation for part 39 track and balance the main rotor blades by will also post a report summarizing each continues to read as follows: following paragraph 3.B.3. of Eurocopter substantive verbal contact we receive Authority: 49 U.S.C. 106(g), 40113, 44701. Service Bulletin No. 62–007, Revision 1, about this AD. dated July 10, 2009. § 39.13 [Amended] (f) Replacing and reidentifying both the Authority for This Rulemaking ■ cone restrainer support and the dome fairing 2. The FAA amends § 39.13 by adding support assembly in accordance with Title 49 of the United States Code the following new Airworthiness paragraph (e)(2) of this AD constitutes specifies the FAA’s authority to issue Directive (AD): terminating action for the requirements of rules on aviation safety. Subtitle I, 2010–15–04 EUROCOPTER FRANCE: this AD. section 106, describes the authority of Amendment 39–16370. Docket No. Differences Between this AD and the MCAI the FAA Administrator. ‘‘Subtitle VII: FAA–2010–0721; Directorate Identifier AD 2009–SW–57–AD. Aviation Programs,’’ describes in more (g) We do not specify dates because the detail the scope of the Agency’s Effective Date dates are already passed nor do we specify authority. (a) This AD becomes effective on August the time in days but rather only in hours TIS. We are issuing this rulemaking under 11, 2010. We also use a different initial compliance the authority described in ‘‘Subtitle VII, time. Also, we use inspect rather than check Other Affected ADs when referring to an action required by a Part A, Subpart III, Section 44701: (b) None. mechanic as opposed to a pilot. General requirements.’’ Under that section, Congress charges the FAA with Applicability Other Information promoting safe flight of civil aircraft in (c) This AD applies to Model EC225LP (h) Alternative Methods of Compliance air commerce by prescribing regulations helicopters, except those that have been (AMOCs): The Manager, Safety Management for practices, methods, and procedures modified with MOD 0743718, certificated in Group, ATTN: DOT/FAA Southwest Region, the Administrator finds necessary for any category. Gary Roach, ASW–111, Aviation Safety safety in air commerce. This regulation Engineer, Rotorcraft Directorate, Regulations Reason and Guidance Group, 2601 Meacham Blvd., is within the scope of that authority (d) The mandatory continuing Fort Worth, Texas 76137, telephone (817) because it addresses an unsafe condition airworthiness information (MCAI) AD states 222–5130, fax (817) 222–5961, has the that is likely to exist or develop on there have been a ‘‘few’’ reports of cracks and authority to approve AMOCs for this AD, if product(s) identified in this rulemaking failure of the main rotor hub (MRH) cone requested, using the procedures found in 14 action. restrainer support lugs at their attachment CFR 39.19.

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(i) A special flight permit may be issued to DEPARTMENT OF TRANSPORTATION ADDRESSES: For service information ferry the helicopter to a location where the identified in this AD, contact Boeing modification can be done, provided the dome Federal Aviation Administration Commercial Airplanes, Attention: Data fairing and its attachment screws are & Services Management, P. O. Box 3707, removed. When allowing flight with the 14 CFR Part 39 MC 2H–65, Seattle, Washington 98124– dome fairing removed, the special flight [Docket No. FAA–2010–0173; Directorate 2207; telephone 206–544–5000, permit must contain information that alerts Identifier 2009–NM–076–AD; Amendment extension 1; fax 206–766–5680; e-mail the flight crew that when flying without the 39–16374; AD 2010–15–08] [email protected]; Internet dome fairing, the lateral vibrations of the https://www.myboeingfleet.com. helicopter significantly increase at speeds of RIN 2120–AA64 70 to 120 knots. These lateral vibrations do Examining the AD Docket Airworthiness Directives; The Boeing not affect flight safety. You may examine the AD docket on Company Model 737–100, –200, –200C, the Internet at http:// Related Information –300, –400, and –500 Series Airplanes www.regulations.gov; or in person at the (j) European Aviation Safety Agency Docket Management Facility between 9 (EASA) Airworthiness Directive No. 2009– AGENCY: Federal Aviation a.m. and 5 p.m., Monday through 0024, dated February 20, 2009, contains Administration (FAA), Department of Friday, except Federal holidays. The AD related information. Transportation (DOT). ACTION: Final rule. docket contains this AD, the regulatory Joint Aircraft System/Component (JASC) evaluation, any comments received, and Code SUMMARY: The FAA is superseding an other information. The address for the (k) The JASC Code is 6220: Main Rotor existing airworthiness directive (AD), Docket Office (telephone 800–647–5527) Head. which applies to all Model 737–100, is the Document Management Facility, –200, –200C, –300, –400, and –500 U.S. Department of Transportation, Material Incorporated by Reference series airplanes. That AD currently Docket Operations, M–30, West (l) You must use the specified portions of requires repetitive inspections to find Building Ground Floor, Room W12–140, Eurocopter Emergency Alert Service Bulletin cracks, fractures, or corrosion of each 1200 New Jersey Avenue, SE., No. 05A003, Revision 2, dated February 3, carriage spindle of the left and right Washington, DC 20590. 2009, and Eurocopter Service Bulletin No. outboard mid-flaps, and corrective FOR FURTHER INFORMATION CONTACT: 62–007, Revision 1, dated July 10, 2009, to action if necessary. That AD also Nancy Marsh, Aerospace Engineer, do the actions required. currently requires repetitive gap checks Airframe Branch, ANM–120S, FAA, (1) The Director of the Federal Register of the inboard and outboard carriage of Seattle Aircraft Certification Office, approved the incorporation by reference of the outboard mid-flaps to detect 1601 Lind Avenue, SW., Renton, this service information under 5 U.S.C. fractured carriage spindles, and Washington 98057–3356; telephone 552(a) and 1 CFR part 51. corrective actions if necessary. This new (425) 917–6440; fax (425) 917–6590. (2) For service information identified in AD requires any new or serviceable SUPPLEMENTARY INFORMATION: this AD, contact American Eurocopter carriage spindle installed per the Corporation, 2701 Forum Drive, Grand requirements of the existing AD to meet Discussion Prairie, TX 75053–4005, telephone (800) minimum allowable diameter The FAA issued a notice of proposed 232–0323, fax (972) 641–3710, or at http:// measurements taken at three locations. www.eurocopter.com. rulemaking (NPRM) to amend 14 CFR This AD also requires new repetitive (3) You may review copies at the FAA, part 39 to include an AD that inspections, measurements, and Office of the Regional Counsel, Southwest supersedes AD 2003–24–08, overhaul of the carriage spindles, and Region, 2601 Meacham Blvd., Fort Worth, Amendment 39–13377 (68 FR 67027, applicable corrective actions. In Texas, 76137; or at the National Archives and December 1, 2003). The existing AD Records Administration (NARA). For addition, this AD requires replacing any applies to all Model 737–100, –200, information on the availability of this carriage spindle when it has reached its –200C, –300, –400, and –500 series material at NARA, call (202) 741–6030, or go maximum life limit. This AD results airplanes. That NPRM was published in to: http://www.archives.gov/federal-register/ from reports of fractures that resulted the Federal Register on March 1, 2010 cfr/ibr-locations.html. from stress corrosion and pitting along (75 FR 9137). That NPRM proposed to the length of the spindle and spindle continue to require repetitive gap Issued in Fort Worth, Texas, on July 13, diameter, and additional reports of checks of the inboard and outboard 2010. corrosion on the outboard flap carriage carriage of the outboard mid-flaps to Mark R. Schilling, spindles. We are issuing this AD to detect fractured carriage spindles, and Acting Manager, Rotorcraft Directorate, detect and correct cracked, corroded, or corrective actions if necessary, and Aircraft Certification Service. fractured carriage spindles, and to continue to require repetitive [FR Doc. 2010–17757 Filed 7–26–10; 8:45 am] prevent severe flap asymmetry, which inspections to find cracks, factures, or BILLING CODE 4910–13–P could result in reduced control or loss corrosion of each carriage spindle of the of controllability of the airplane. left and right outboard mid-flaps. That DATES: This AD becomes effective NPRM also proposed to require any new August 31, 2010. or serviceable carriage spindle installed The Director of the Federal Register per the requirements of the existing AD approved the incorporation by reference to meet minimum allowable diameter of certain publications listed in the AD measurements taken at three locations. as of August 31, 2010. That NPRM proposed to require new On December 4, 2003 (68 FR 67027, repetitive inspections, measurements, December 1, 2003), the Director of the and overhaul of the carriage spindles, Federal Register approved the and applicable corrective actions. In incorporation by reference of a certain addition, that NPRM also proposed to other publication listed in the AD. require replacing any carriage spindle

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when it has reached its maximum life for life limits would address the unsafe performed on the new carriage spindle limit. condition. Since AD 2003–24–08 was before the accumulation of 12,000 flight Actions Since Original NPRM Was issued, we have received many cycles. Therefore, the new carriage Issued additional reports of carriage spindle spindle should not accumulate more fractures, including fractures caused by than 11,999 flight cycles before being Since we issued the original NPRM, fatigue. Because of the difficulty in overhauled in order to comply with this there has been an in-service event of a detecting small cracks and the rapid requirement. Paragraph (g) of this AD dual fracture of the outboard flap crack growth in these parts, in refers to Boeing Alert Service Bulletin carriages. This event is currently under investigation. As a result, we consider combination with the concerns with 737–57A1277, Revision 1, dated this AD to be interim action. If final reduced fatigue life of reworked and November 25, 2003, for the compliance action is later identified, we might overhauled parts, the most effective way times for the gap checks and NDT consider further rulemaking then. to maintain the continued operational inspections. Boeing Alert Service safety of the fleet is to mandate life Bulletin 737–57A1277, Revision 1, Explanation of Changes to AD limits. We have not changed the AD in dated November 25, 2003, states that the We have added paragraph (t)(4) to this regard to this issue. gap check and NDT inspections are not final rule to provide credit for actions Request for Clarification of required for a new flap carriage spindle done in accordance with previously Requirements to Remove Flap Carriage that has accumulated fewer than 12,000 issued AMOCs for individual repairs. In flight cycles without being overhauled. paragraph (m) of this AD, we have also KLM requests clarification concerning Boeing Alert Service Bulletin 737– referenced the most current issue of the the requirements to remove the carriage 57A1277, Revision 1, dated November Boeing (737) Standard Overhaul spindle in order to perform a detailed 25, 2003, requires relatively stringent Practices Manual for actions done as of inspection for corrosion, pitting, gap checks and NDT inspections for flap the effective date of this AD. cracking, and measurement of some carriage spindles that have accumulated minimal allowable spindle diameters. Comments 12,000 or more flight cycles on them KLM points out that the times specified since being overhauled. This We provided the public the for this action are the same as for the requirement should become obsolete as opportunity to participate in the initial gap check and the nondestructive this AD requires that all spindles be development of this AD. We have test for new carriage spindles. KLM asks overhauled before accumulating 12,000 considered the comments that have whether the removal of the carriage flight cycles since new or overhauled. been received on the NPRM. spindle is required at 12,000 flight We have not changed the AD in cycles, if the initial or repetitive gap Support for the NPRM regard to this issue. check and the non-destructive test Boeing supports the intent of the (NDT) at the same time are still useful. Conclusion NPRM. KLM further states that carriage spindles We have carefully reviewed the Request for Stricter Inspection and that receive a thorough detailed available data, including the comments Overhaul Limits in Lieu of Life Limits inspection and have been found to be that have been received, and determined Safair states that it has experienced serviceable do not require a gap check that air safety and the public interest only one flap carriage spindle failure or an NDT inspection at the times require adopting the AD with the before AD 2003–24–08 was issued. specified in the 12,000- to 20,000-flight- changes described previously. We have Safair states that its main concern is cycle range as specified in Table 1 and determined that these changes will scrapping serviceable carriages in order Table 2 of Boeing Alert Service Bulletin neither increase the economic burden to enforce the life limits on the flap 737–57A1277, Revision 1, dated on any operator nor increase the scope carriages. Safair states that stricter November 25, 2003. KLM states that the of the AD. inspections and overhaul requirements gap checks and NDTs are still required, Costs of Compliance would ensure that stress and pitting although at a different time interval after corrosion are detected and corrected, completing the requirements of There are about 2,852 airplanes of the which would avoid failures and would paragraph (o) of the NPRM. affected design in the worldwide fleet. extend the life of the flap carriages. We agree that clarification might be The following table provides the We do not agree that substituting necessary. Paragraph (o) of this final estimated costs for U.S. operators to stricter inspection and overhaul limits rule requires the overhaul to be comply with this AD.

ESTIMATED COSTS

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

Inspections (required by AD 2003– 12 $85 None $1,020 per in- 652 $665,040 per inspection 24–08). spection cycle. cycle. Inspections and measurements 2 85 None $170 per inspec- 652 $110,840 per inspection (new actions). tion and meas- and measurement cycle. urement cycle. Overhauls (new actions) ...... 16 85 1 28,000 $29,360 per 652 $19,142,720 per overhaul overhaul cycle. cycle. Replacements (new actions) ...... 16 85 2 60,000 $61,360 per 652 $40,006,720 per replace- replacement ment cycle. cycle. 1 $7,000 per spindle; 4 spindles per airplane. 2 $15,000 per spindle; 4 spindles per airplane.

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The cost impact figures discussed List of Subjects in 14 CFR Part 39 times for paragraphs (g) through (k) of this above are based on assumptions that no AD. For carriage spindles that have Air transportation, Aircraft, Aviation accumulated the number of flight cycles or operator has yet accomplished any of safety, Incorporation by reference, the actions required by this AD, and that years in service specified in the ‘‘Threshold’’ Safety. column of the tables, accomplish the gap no operator would accomplish those Adoption of the Amendment check and nondestructive test (NDT) and actions in the future if this AD were not general visual inspections specified in adopted. However, we have been ■ Accordingly, under the authority paragraphs (h) and (j) of this AD within the advised that the carriage spindles are delegated to me by the Administrator, corresponding interval after December 4, already being overhauled and replaced the FAA amends 14 CFR part 39 as 2003 (the effective date AD 2003–24–08), as specified in the ‘‘Interval’’ column. Repeat the on some affected airplanes. In addition, follows: the replacement cycle is approximately gap check and NDT and general visual every 20 years. Therefore, the future inspections at the same intervals, except: PART 39—AIRWORTHINESS (1) The gap check does not have to be done economic cost impact of this rule on DIRECTIVES at the same time as an NDT inspection; after U.S. operators is expected to be less ■ 1. The authority citation for part 39 doing an NDT inspection, the interval for than the cost impact figures indicated doing the next gap check can be measured above. continues to read as follows: from the NDT inspection; and Authority: 49 U.S.C. 106(g), 40113, 44701. (2) As carriage spindles gain flight cycles Authority for this Rulemaking or years in service and move from one Title 49 of the United States Code § 39.13 [Amended] category in the ‘‘Threshold’’ column to specifies the FAA’s authority to issue ■ 2. The Federal Aviation another, they are subject to the repetitive rules on aviation safety. Subtitle I, Administration (FAA) amends § 39.13 inspection intervals corresponding to the new threshold category. Section 106, describes the authority of by removing Amendment 39–13377 (68 the FAA Administrator. Subtitle VII, FR 67027, December 1, 2003) and by Work Package 2: Gap Check Aviation Programs, describes in more adding the following new airworthiness (h) Perform a gap check of the inboard and detail the scope of the Agency’s directive (AD): outboard carriage of the left and right outboard mid-flaps to determine if there is a authority. 2010–15–08 The Boeing Company: positive indication of a severed carriage We are issuing this rulemaking under Amendment 39–16374. Docket No. spindle, in accordance with Work Package 2 the authority described in Subtitle VII, FAA–2010–0173; Directorate Identifier of paragraph 3.B., ‘‘Work Instructions’’ of Part A, Subpart III, Section 44701, 2010–NM–076–AD. ‘‘General requirements.’’ Under that Boeing Alert Service Bulletin 737–57A1277, Effective Date Revision 1, dated November 25, 2003. section, Congress charges the FAA with promoting safe flight of civil aircraft in (a) This AD becomes effective August 31, Work Package 2: Corrective Actions 2010. air commerce by prescribing regulations (i) If there is a positive indication of a for practices, methods, and procedures Affected ADs severed carriage spindle during the gap check the Administrator finds necessary for (b) This AD supersedes AD 2003–24–08, required by paragraph (h) of this AD, before safety in air commerce. This regulation Amendment 39–13377. further flight, remove the carriage spindle is within the scope of that authority and install a new or serviceable carriage Applicability spindle in accordance with the ‘‘Work because it addresses an unsafe condition (c) This AD applies to all The Boeing Instructions’’ of Boeing Alert Service Bulletin that is likely to exist or develop on 737–57A1277, Revision 1, dated November products identified in this rulemaking Company Model 737–100, –200, –200C, –300, –400, and –500 series airplanes, 25, 2003; or Boeing Alert Service Bulletin action. certificated in any category. 737–57A1218, Revision 5, dated February 9, 2009. If, as a result of the detailed inspection Regulatory Findings Subject described in paragraph 4.b. of Work Package We have determined that this AD will (d) Air Transport Association (ATA) of 2 of Boeing Alert Service Bulletin 737– not have federalism implications under America Code 57: Wings. 57A1277, Revision 1, dated November 25, Executive Order 13132. This AD will 2003, a carriage spindle is found not to be Unsafe Condition not have a substantial direct effect on severed and no corrosion and no cracking is (e) This AD results from a report indicating present, it can be reinstalled on the mid-flap the States, on the relationship between in accordance with Boeing Alert Service the national government and the States, that the inboard and outboard carriage spindles were fractured on the right outboard Bulletin 737–57A1277, Revision 1, dated or on the distribution of power and flap during approach to landing. We are November 25, 2003; or Boeing Alert Service responsibilities among the various issuing this AD to detect and correct cracked, Bulletin 737–57A1218, Revision 5, dated levels of government. corroded, or fractured carriage spindles and February 9, 2009. After the effective date of For the reasons discussed above, I to prevent severe flap asymmetry, which this AD, use only Boeing Alert Service certify that this AD: could result in reduced control or loss of Bulletin 737–57A1218, Revision 5, dated (1) Is not a ‘‘significant regulatory controllability of the airplane. February 9, 2009. ’’ action under Executive Order 12866; Compliance Work Package 1: Inspections (2) Is not a ‘‘significant rule’’ under (j) Perform a NDT inspection and general DOT Regulatory Policies and Procedures (f) You are responsible for having the actions required by this AD performed within visual inspection for each carriage spindle of (44 FR 11034, February 26, 1979); and the left and right outboard mid-flaps to detect (3) Will not have a significant the compliance times specified, unless the actions have already been done. cracks, corrosion, or severed carriage economic impact, positive or negative, spindles, in accordance with the ‘‘Work on a substantial number of small entities RESTATEMENT OF CERTAIN Instructions’’ of Boeing Alert Service Bulletin under the criteria of the Regulatory REQUIREMENTS OF AD 2003–24–08, WITH 737–57A1277, Revision 1, dated November Flexibility Act. UPDATED SERVICE INFORMATION 25, 2003. We prepared a regulatory evaluation Compliance Times Work Package 1: Corrective Actions of the estimated costs to comply with (g) The tables in paragraph 1.E., (k) If any corroded, cracked, or severed this AD and placed it in the AD docket. ‘‘Compliance’’ of Boeing Alert Service carriage spindle is found during any See the ADDRESSES section for a location Bulletin 737–57A1277, Revision 1, dated inspection required by paragraph (j) of this to examine the regulatory evaluation. November 25, 2003, specify the compliance AD, before further flight, remove the carriage

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spindle and install a new or serviceable Instructions of Boeing Alert Service Bulletin (2) For Model –300, –400, and –500 series carriage spindle in accordance with the 737–57A1218, Revision 5, dated February 9, airplanes: Do the actions specified in ‘‘Work Instructions’’ of Boeing Alert Service 2009. The applicable corrective actions must paragraph (q) of this AD at the time specified Bulletin 737–57A1277, Revision 1, dated be done before further flight. Repeat these in paragraph (q)(2) of this AD. November 25, 2003; or Boeing Alert Service actions thereafter at intervals not to exceed Repetitive Replacements of Carriage Spindle Bulletin 737–57A1218, Revision 5, dated 12,000 flight cycles on the carriage spindle or February 9, 2009. After the effective date of 8 years, whichever comes first. (s) For all airplanes: Repeat the this AD, use only Boeing Alert Service (1) For Model 737–100, –200, –200C series replacement of the carriage spindle specified Bulletin 737–57A1218, Revision 5, dated airplanes, at the later of the times specified by paragraph (p) or (q) of this AD, as February 9, 2009. in paragraph (o)(1)(i) or (o)(1)(ii) of this AD: applicable, thereafter at intervals not to (i) Before the accumulation of 12,000 total exceed 48,000 total flight cycles on the new Parts Installation flight cycles on the carriage spindle since or overhauled carriage spindle. (l) Except as provided in paragraph (i) of new or overhauled, or within 8 years after the Alternative Methods of Compliance this AD: As of December 4, 2003, no person installation of the new or overhauled part, (AMOCs) may install on any airplane a carriage spindle whichever comes first. that has been removed as required by (ii) Within 1 year after the effective date of (t)(1) The Manager, Seattle Aircraft paragraph (i) or (k) of this AD, unless it has this AD. Certification Office (ACO), FAA, has the been overhauled in accordance with the (2) For Model –300, –400, and –500 series authority to approve AMOCs for this AD, if ‘‘Work Instructions’’ of Boeing Alert Service airplanes, at the later of the times specified requested using the procedures found in 14 Bulletin 737–57A1277, Revision 1, dated in paragraph (o)(2)(i) or (o)(2)(ii) of this AD: CFR 39.19. Send information to ATTN: November 25, 2003; or Boeing Alert Service (i) Before the accumulation of 12,000 total Nancy Marsh, Aerospace Engineer, Airframe Bulletin 737–57A1218, Revision 5, dated flight cycles on the carriage spindle since Branch, ANM–120S, FAA, Seattle Aircraft February 9, 2009. After the effective date of new or overhauled, or within 8 years after the Certification Office, 1601 Lind Avenue, SW., this AD, use only Boeing Alert Service installation of the new or overhauled part, Renton, Washington 98057–3356; telephone Bulletin 737–57A1218, Revision 5, dated whichever comes first. (425) 917–6440; fax (425) 917–6590. Or, e-mail information to 9-ANM-Seattle-ACO- February 9, 2009. To be eligible for (ii) Within 2 years after the effective date [email protected]. installation under this paragraph, the carriage of this AD. spindle must have been overhauled in (2) To request a different method of accordance with the requirements of Replacement of the Carriage Spindle compliance or a different compliance time paragraph (m) of this AD. (p) For Model 737–100, –200, –200C series for this AD, follow the procedures in 14 CFR (m) During accomplishment of any airplanes: Replace the carriage spindle with 39.19. Before using any approved AMOC on overhaul specified in paragraph (l) of this a new or documented (for which the service any airplane to which the AMOC applies, AD, use the procedures specified in life, in total flight cycles, is known) carriage notify your principal maintenance inspector paragraphs (m)(1) and (m)(2) of this AD spindle, in accordance with Boeing Alert (PMI) or principal avionics inspector (PAI), during application of the nickel plating to the Service Bulletin 737–57A1218, Revision 5, as appropriate, or lacking a principal inspector, your local Flight Standards District carriage spindle in addition to those dated February 9, 2009, at the later of the Office. The AMOC approval letter must specified in Chapter 20–42–09, times specified in paragraphs (p)(1) and specifically reference this AD. Electrodeposited Nickel Plating, of the (p)(2) of this AD, except as required by (3) An AMOC that provides an acceptable Boeing (737) Standard Overhaul Practices paragraph (r) of this AD. Overhauling the level of safety may be used for any repair Manual. As of the effective date of this AD, carriage spindles does not zero-out the flight required by this AD, if it is approved by the use only Chapter 20–42–09, Electrodeposited cycles. Total flight cycles accumulate since Boeing Commercial Airplanes Organization Nickel Plating, of the Boeing (737) Standard new. Designation Authorization (ODA) that has Overhaul Practices Manual, Revision 25, (1) Before the accumulation of 48,000 total dated July 1, 2009. been authorized by the Manager, Seattle flight cycles on the new or overhauled ACO, to make those findings. For a repair (1) The maximum deposition rate of the carriage. nickel plating in any one plating/baking method to be approved, the repair must meet (2) Within three years or 7,500 flight cycles the certification basis of the airplane, and the cycle must not exceed 0.002-inches-per-hour. after the effective date of this AD, whichever (2) Begin the hydrogen embrittlement relief approval must specifically refer to this AD. occurs first. (4) AMOCs previously approved in bake within 10 hours after application of the (q) For Model 737–300, –400, and –500 plating, or less than 24 hours after the current accordance with AD 2003–24–08, series airplanes: Replace the carriage spindle Amendment 39–13377, for individual repairs was first applied to the part, whichever is with a new or documented (for which the first. are acceptable for compliance with the service life, in flight cycles, is known) corresponding provisions of this AD. All Exception to Reporting Recommendations in carriage spindle, in accordance with Boeing other existing AMOCs are not acceptable. Certain Service Bulletins Alert Service Bulletin 737–57A1218, Revision 5, dated February 9, 2009, at the Material Incorporated by Reference (n) Although Boeing Alert Service Bulletin later of the times specified in paragraphs 737–57A1277, Revision 1, dated November (u) You must use Boeing Alert Service (q)(1) and (q)(2) of this AD, except as Bulletin 737–57A1218, Revision 5, dated 25, 2003, recommends that operators report required by paragraph (r) of this AD. inspection findings to the manufacturer, this February 9, 2009; Boeing Alert Service Overhauling the carriage spindles does not Bulletin 737–57A1277, Revision 1, dated AD does not contain such a reporting zero-out the flight cycles. Total flight cycles requirement. November 25, 2003; and Chapter 20–42–09, accumulate since new. Electrodeposited Nickel Plating, of the NEW ACTIONS REQUIRED BY THIS AD (1) Before the accumulation of 48,000 total Boeing (737) Standard Overhaul Practices flight cycles on the new or overhauled Manual, Revision 25, dated July 1, 2009, to Inspections, Measurements, and Overhauls carriage. do the actions required by this AD, unless the of the Carriage Spindle (2) Within six years or 15,000 flight cycles AD specifies otherwise. (o) At the applicable times specified in after the effective date of this AD, whichever (1) The Director of the Federal Register paragraph (o)(1) or (o)(2) of this AD: Do the occurs first. approved the incorporation by reference of detailed inspection for corrosion, pitting, and (r) For airplanes with an undocumented Boeing Alert Service Bulletin 737–57A1218, cracking of the carriage spindle, the magnetic carriage: Do the applicable actions specified Revision 5, dated February 9, 2009; and particle inspection for cracking of the in paragraph (p) or (q) of this AD at the Chapter 20–42–09, Electrodeposited Nickel carriage spindle, measurements of the applicable time specified in paragraph (r)(1) Plating, of the Boeing (737) Standard spindle to determine if it meets the allowable or (r)(2) of this AD. Overhaul Practices Manual, Revision 25, minimum diameter, and overhauls, and (1) For Model 737–100, –200, –200C series dated July 1, 2009; under 5 U.S.C. 552(a) and applicable corrective actions by airplanes: Do the actions specified in 1 CFR part 51. accomplishing all the applicable actions paragraph (p) of this AD at the time specified (2) The Director of the Federal Register specified in the Accomplishment in paragraph (p)(2) of this AD. previously approved the incorporation by

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reference of Boeing Alert Service Bulletin stabilizer in place and consequent loss of stabilizer in place and consequent loss of 737–57A1277, Revision 1, dated November control of the aeroplane. control of the aeroplane. 25, 2003, on December 4, 2003 (68 FR 67027, This AD requires actions that are For the reasons described above, this AD December 1, 2003). requires immediate and periodic inspections (3) For service information identified in intended to address the unsafe of the horizontal stabilizer rear attachment this AD, contact Boeing Commercial condition described in the MCAI. fitting and the accomplishment of the Airplanes, Attention: Data & Services DATES: This AD becomes effective relevant corrective actions as necessary. Management, P.O. Box 3707, MC 2H–65, August 16, 2010. You may obtain further information by Seattle, Washington 98124–2207; telephone On August 16, 2010, the Director of 206–544–5000, extension 1; fax 206–766– the Federal Register approved the examining the MCAI in the AD docket. 5680; e-mail [email protected]; incorporation by reference of certain Relevant Service Information Internet https://www.myboeingfleet.com. publications listed in this AD. 5 ‘‘ ´ ’’ (4) You may review copies of the service We must receive comments on this Zak ad Szybowcowy Jez˙ow Henryk information at the FAA, Transport Airplane AD by September 10, 2010. Mynarski has issued Mandatory Bulletin Directorate, 1601 Lind Avenue, SW., Renton, BO–78–10–10, dated June 7, 2010. The ADDRESSES: Washington. For information on the You may send comments by actions described in this service any of the following methods: availability of this material at the FAA, call information are intended to correct the • Federal eRulemaking Portal: Go to 425–227–1221. unsafe condition identified in the http://www.regulations.gov. Follow the (5) You may also review copies of the MCAI. service information that is incorporated by instructions for submitting comments. reference at the National Archives and • Fax: (202) 493–2251. FAA’s Determination and Requirements Records Administration (NARA). For • Mail: U.S. Department of of the AD information on the availability of this Transportation, Docket Operations, material at NARA, call 202–741–6030, or go M–30, West Building Ground Floor, This product has been approved by _ to: http://www.archives.gov/federal register/ Room W12–140, 1200 New Jersey the aviation authority of another code_of_federal_regulations/ country, and is approved for operation _ Avenue, SE., Washington, DC 20590. ibr locations.html. • Hand Delivery: U.S. Department of in the United States. Pursuant to our Issued in Renton, Washington, on July 14, Transportation, Docket Operations, bilateral agreement with this State of 2010. M–30, West Building Ground Floor, Design Authority, they have notified us Ali Bahrami, Room W12–140, 1200 New Jersey of the unsafe condition described in the Manager, Transport Airplane Directorate, Avenue, SE., Washington, DC 20590, MCAI and service information Aircraft Certification Service. between 9 a.m. and 5 p.m., Monday referenced above. We are issuing this [FR Doc. 2010–18009 Filed 7–26–10; 8:45 am] through Friday, except Federal holidays. AD because we evaluated all BILLING CODE 4910–13–P information provided by the State of Examining the AD Docket Design Authority and determined the You may examine the AD docket on unsafe condition exists and is likely to DEPARTMENT OF TRANSPORTATION the Internet at http:// exist or develop on other products of the www.regulations.gov; or in person at the same type design. Federal Aviation Administration Docket Management Facility between Differences Between This AD and the 9 a.m. and 5 p.m., Monday through MCAI or Service Information 14 CFR Part 39 Friday, except Federal holidays. The AD We have reviewed the MCAI and [Docket No. FAA–2010–0729; Directorate docket contains this AD, the regulatory Identifier 2010–CE–032–AD; Amendment evaluation, any comments received, and related service information and, in 39–16373; AD 2010–15–07] other information. The street address for general, agree with their substance. But the Docket Office (telephone (800) 647– we might have found it necessary to use RIN 2120–AA64 5527) is in the ADDRESSES section. different words from those in the MCAI Comments will be available in the AD to ensure the AD is clear for U.S. Airworthiness Directives; Zaklad operators and is enforceable. In making ˙ ´ docket shortly after receipt. Szybowcowy ‘‘Jezow’’ Henryk Mynarski these changes, we do not intend to differ Model PW–6U Sailplanes FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA, substantively from the information AGENCY: Federal Aviation Small Airplane Directorate, 901 Locust, provided in the MCAI and related Administration (FAA), DOT. Room 301, Kansas City, Missouri 64106; service information. ACTION: Final rule; request for telephone: (816) 329–4130; fax: (816) We might have also required different comments. 329–4090. actions in this AD from those in the SUPPLEMENTARY INFORMATION: MCAI in order to follow FAA policies. SUMMARY: We are adopting a new Any such differences are described in a airworthiness directive (AD) for the Discussion separate paragraph of the AD. These products listed above. This AD results The European Aviation Safety Agency requirements take precedence over from mandatory continuing (EASA), which is the Technical Agent those copied from the MCAI. airworthiness information (MCAI) for the Member States of the European FAA’s Determination of the Effective issued by the aviation authority of Community, has issued AD No. 2010– Date another country to identify and correct 0108–E, dated June 8, 2010 (referred to an unsafe condition on an aviation after this as ‘‘the MCAI’’), to correct an An unsafe condition exists that product. The MCAI describes the unsafe unsafe condition for the specified requires the immediate adoption of this condition as: products. The MCAI states: AD. The FAA has found that the risk to the flying public justifies waiving notice Cracks on the lug of the rear attachment Cracks on the lug of the rear attachment and comment prior to adoption of this fitting of the horizontal stabilizer have been fitting of the horizontal stabilizer have been detected during the inspection of two PW–6U detected during the inspection of two PW–6U rule because cracks on the lug of the gliders operated by the same user. gliders operated by the same user. rear attachment fitting of the horizontal This condition, if not corrected, could This condition, if not corrected, could stabilizer have been found. This result in no longer retaining the horizontal result in no longer retaining the horizontal condition, if not detected and corrected,

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could cause the horizontal stabilizer to responsibilities among the various Cracks on the lug of the rear attachment fail, which could result in loss of levels of government. fitting of the horizontal stabilizer have been control. Therefore, we determined that For the reasons discussed above, I detected during the inspection of two PW–6U notice and opportunity for public gliders operated by the same user. certify that this AD: This condition, if not corrected, could comment before issuing this AD are (1) Is not a ‘‘significant regulatory result in no longer retaining the horizontal impracticable and that good cause exists action’’ under Executive Order 12866; stabilizer in place and consequent loss of for making this amendment effective in (2) Is not a ‘‘significant rule’’ under control of the aeroplane. fewer than 30 days. DOT Regulatory Policies and Procedures For the reasons described above, this AD requires immediate and periodic inspections Comments Invited (44 FR 11034, February 26, 1979); and (3) Will not have a significant of the horizontal stabilizer rear attachment This AD is a final rule that involves fitting and the accomplishment of the economic impact, positive or negative, relevant corrective actions as necessary. requirements affecting flight safety, and on a substantial number of small entities we did not precede it by notice and under the criteria of the Regulatory Actions and Compliance opportunity for public comment. We Flexibility Act. (f) Unless already done, do the following invite you to send any written relevant We prepared a regulatory evaluation actions. data, views, or arguments about this AD. of the estimated costs to comply with (1) Before further flight after the effective Send your comments to an address this AD and placed it in the AD docket. date of this AD, repetitively thereafter at listed under the ADDRESSES section. intervals not to exceed 50 hours time-in- Include ‘‘Docket No. FAA–2010–0729; List of Subjects in 14 CFR Part 39 service, and, in addition, before further flight ’’ anytime the sailplane experiences a ‘‘hard Directorate Identifier 2010–CE–032–AD Air transportation, Aircraft, Aviation landing,’’ visually inspect the rear attachment at the beginning of your comments. We safety, Incorporation by reference, fitting of the horizontal stabilizer for cracks specifically invite comments on the Safety. and damage. Do the inspections following overall regulatory, economic, Zak5ad Szybowcowy ‘‘Jez˙o´w’’ Henryk environmental, and energy aspects of Adoption of the Amendment Mynarski Mandatory Bulletin BO–78–10–10, this AD. We will consider all comments ■ dated June 7, 2010, except use a 10X Accordingly, under the authority magnifier. received by the closing date and may delegated to me by the Administrator, amend this AD because of those (2) If any crack or damage is found during the FAA amends 14 CFR part 39 as any inspection required in paragraph (f)(1) of comments. follows: this AD, before further flight after the We will post all comments we inspection in which a crack or damage is receive, without change, to http:// PART 39—AIRWORTHINESS found, contact Zak5ad Szybowcowy ‘‘Jez˙o´w’’ www.regulations.gov, including any DIRECTIVES Henryk Mynarski, ul. D5uga 93, 58–521 Jez˙o´w personal information you provide. We Sudecki, Poland, telephone/fax: +48 75 713 will also post a report summarizing each ■ 1. The authority citation for part 39 21 59 or +48 33 829 33 72; e-mail: substantive verbal contact we receive continues to read as follows: szdjezow.com.pl, to obtain an FAA-approved about this AD. repair scheme and incorporate the repair Authority: 49 U.S.C. 106(g), 40113, 44701. scheme. Authority for This Rulemaking § 39.13 [Amended] FAA AD Differences ■ Title 49 of the United States Code 2. The FAA amends § 39.13 by adding Note: This AD differs from the MCAI and/ specifies the FAA’s authority to issue the following new AD: or service information as follows. The service rules on aviation safety. Subtitle I, 2010–15–07 Zak5ad Szybowcowy ‘‘Jez˙o´w’’ information requires a visual inspection with section 106, describes the authority of Henryk Mynarski: Amendment 39– a 5X magnifier. For the inspection, we are the FAA Administrator. ‘‘Subtitle VII: 16373; Docket No. FAA–2010–0729; requiring a 10X magnifier to detect cracks Aviation Programs,’’ describes in more Directorate Identifier 2010–CE–032–AD. and damage that may go undetected using detail the scope of the Agency’s only a 5X magnifier. Effective Date authority. Other FAA AD Provisions We are issuing this rulemaking under (a) This airworthiness directive (AD) the authority described in ‘‘Subtitle VII, becomes effective August 16, 2010. (g) The following provisions also apply to this AD: Part A, Subpart III, Section 44701: Affected ADs (1) Alternative Methods of Compliance General requirements.’’ Under that (b) None. (AMOCs): The Manager, Standards Office, section, Congress charges the FAA with FAA, has the authority to approve AMOCs promoting safe flight of civil aircraft in Applicability for this AD, if requested using the procedures air commerce by prescribing regulations (c) This AD applies to the following Zak5ad found in 14 CFR 39.19. Send information to for practices, methods, and procedures Szybowcowy ‘‘Jez˙o´w’’ Henryk Mynarski ATTN: Greg Davison, Aerospace Engineer, the Administrator finds necessary for Model PW–6U sailplanes, certificated in any FAA, Small Airplane Directorate, 901 Locust, safety in air commerce. This regulation category: Room 301, Kansas City, Missouri 64106; (i) Serial numbers (S/Ns) 78.00.00 through telephone: (816) 329–4130; fax: (816) 329– is within the scope of that authority 78.03.07 equipped with an automatic 4090. Before using any approved AMOC on because it addresses an unsafe condition elevator control connection installed in any sailplane to which the AMOC applies, that is likely to exist or develop on accordance with Zak5ad Szybowcowy notify your appropriate principal inspector products identified in this rulemaking ‘‘Jez˙o´w’’ Henryk Mynarski Bulletin BS–78– (PI) in the FAA Flight Standards District action. 02–04; Office (FSDO), or lacking a PI, your local (ii) S/Ns 78.03.08 through 78.03.10; and FSDO. Regulatory Findings (iii) S/Ns 78.04.01 and subsequent S/Ns. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from We determined that this AD will not Subject have federalism implications under a manufacturer or other source, use these Executive Order 13132. This AD will (d) Air Transport Association of America actions if they are FAA-approved. Corrective (ATA) Code 27: Flight Controls. actions are considered FAA-approved if they not have a substantial direct effect on are approved by the State of Design Authority the States, on the relationship between Reason (or their delegated agent). You are required the national government and the States, (e) The mandatory continuing to assure the product is airworthy before it or on the distribution of power and airworthiness information (MCAI) states: is returned to service.

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(3) Reporting Requirements: For any ACTION: Final rule. this AD. The following presents the reporting requirement in this AD, under the comments received on the proposal and provisions of the Paperwork Reduction Act SUMMARY: We are adopting a new FAA’s response to each comment: (44 U.S.C. 3501 et seq.), the Office of airworthiness directive (AD) for certain Management and Budget (OMB) has Piper Aircraft, Inc. (Piper) PA–28, PA– Comment Issue No. 1: Difficulty in approved the information collection 32, PA–34, and PA–44 series airplanes. Disassembling Components requirements and has assigned OMB Control Number 2120–0056. This AD requires you to inspect the Fifteen commenters, including the control wheel shaft on both the pilot Aircraft Owners and Pilots Association Related Information and copilot sides and, if necessary, (AOPA), Barry Rogers, Bruce Chien, and (h) Refer to MCAI EASA AD No. 2010– replace the control wheel shaft. This AD Harry Cook commented that some Piper 0108–E, dated June 8, 2010, and Zak5ad results from two field reports of airplanes do not have inspection holes Szybowcowy ‘‘Jez˙o´w’’ Henryk Mynarski incorrectly assembled control wheel and may require disassembly of the Mandatory Bulletin BO–78–10–10, dated shafts. We are issuing this AD to detect control wheel shaft. Disassembly can June 7, 2010, for related information. and correct any incorrectly assembled take several hours due to the difficulty Material Incorporated by Reference control wheel shafts. This condition, if in removing (or separating) the parts, (i) You must use Zak5ad Szybowcowy left uncorrected, could lead to which could be very costly and possibly ‘‘Jez˙o´w’’ Henryk Mynarski Mandatory separation of the control wheel shaft, damage a perfectly good component. Bulletin BO–78–10–10, dated June 7, 2010, to resulting in loss of pitch and roll We infer from these comments that do the actions required by this AD, unless the control. the commenters want us to rescind the AD specifies otherwise. NPRM due to difficulty in DATES: This AD becomes effective on (1) The Director of the Federal Register disassembling the parts and cost of labor approved the incorporation by reference of August 31, 2010. for disassembly. this service information under 5 U.S.C. On August 31, 2010, the Director of The FAA partially agrees with the 552(a) and 1 CFR part 51. the Federal Register approved the above comment. We disagree that we (2) For service information identified in incorporation by reference of certain this AD, contact Zak5ad Szybowcowy ‘‘Jez˙o´w’’ should rescind the NPRM due to publications listed in this AD. Henryk Mynarski, ul. D5uga 93, 58–521 Jez˙o´w difficulty in disassembling the parts. Sudecki, Poland, telephone/fax: +48 75 713 ADDRESSES: To get the service According to Piper, the universal joint 21 59 or +48 33 829 33 72; e-mail: information identified in this AD, has rotating parts that wear, and szdjezow.com.pl; Internet: http:// contact Piper Aircraft, Inc., 2926 Piper replacement of those parts, which www.szdjezow.com.pl/. Drive, Vero Beach, Florida 32960; (3) You may review copies of the service requires disassembly, is a routine telephone: (772) 567–4361; fax: (772) procedure done with little difficulty. information incorporated by reference for 978–6573; Internet: http:// this AD at the FAA, Central Region, Office of Piper sales history records show, that on the Regional Counsel, 901 Locust, Kansas www.newpiper.com/company/ average, they sell over 400 of these as City, Missouri 64106. For information on the publications.asp. service spare replacements each year, availability of this material at the Central To view the AD docket, go to U.S. and the Piper technical support Region, call (816) 329–3768. Department of Transportation, Docket department is not aware of anyone (4) You may also review copies of the Operations, M–30, West Building reporting difficulty in replacing them. service information incorporated by reference Ground Floor, Room W12–140, 1200 for this AD at the National Archives and Piper has revised their service bulletin, New Jersey Avenue, SE., Washington, to provide more information about the Records Administration (NARA). For DC 20590, or on the Internet at http:// information on the availability of this different control wheel shaft material at NARA, call (202) 741–6030, or go www.regulations.gov. The docket configurations. We agree that to: http://www.archives.gov/federal_register/ number is FAA–2009–1015; Directorate disassembly of the control shaft wheel code_of_federal_regulations/ Identifier 2009–CE–039–AD. may take more time than an inspection _ ibr locations.html. FOR FURTHER INFORMATION CONTACT: with witness holes. However, the FAA Issued in Kansas City, Missouri on July 15, Hector Hernandez, Aerospace Engineer, has determined that there is an unsafe 2010. Atlanta Aircraft Certification Office, condition and has identified actions to Kim Smith, 1701 Columbia Avenue, College Park, correct that unsafe condition. It is every Manager, Small Airplane Directorate, Aircraft GA 30337; telephone: (404) 474–5587; owner’s and operator’s responsibility to Certification Service. fax: (404) 474–5606. maintain the airplane to the type design [FR Doc. 2010–17924 Filed 7–26–10; 8:45 am] SUPPLEMENTARY INFORMATION: and address any airworthiness concerns. This includes all maintenance BILLING CODE 4910–13–P Discussion requirements and ADs that correct an On October 23, 2009, we issued a unsafe condition. DEPARTMENT OF TRANSPORTATION proposal to amend part 39 of the Federal We will change the final rule AD Aviation Regulations (14 CFR part 39) to action to include Piper Aircraft, Inc. Federal Aviation Administration include an AD that would apply to Mandatory Service Bulletin No. 1197B, certain Piper Aircraft, Inc. (Piper) PA– dated May 3, 2010, to use for the 14 CFR Part 39 28, PA–32, PA–34, and PA–44 series procedures to comply with the actions [Docket No. FAA–2009–1015; Directorate airplanes. This proposal was published required by this AD. We will allow Identifier 2009–CE–039–AD; Amendment in the Federal Register as a notice of ‘‘unless already done’’ credit to anyone 39–16376; AD 2010–15–10] proposed rulemaking (NPRM) on who already accomplished the actions October 30, 2009 (74 FR 56138). The following the previous service bulletin RIN 2120–AA64 NPRM proposed to detect and correct included as part of the NPRM. any incorrectly assembled control wheel Airworthiness Directives; Piper Comment Issue No. 2: Cost Absorbed by shafts. Aircraft, Inc. PA–28, PA–32, PA–34, Piper and PA–44 Series Airplanes Comments John Witosky, Thomas McIntosh, AGENCY: Federal Aviation We provided the public the Claude Dalrymple, Jr., M. Hefter, and Administration (FAA), DOT. opportunity to participate in developing George Haffey commented that the cost

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for maintenance and replacement parts • Taper pin on aircraft without universal joint/taper pin on airplanes should be absorbed by Piper. Several witness holes; lacking a witness hole. aircraft owners disagreed with covering • Bolt with witness hole; The FAA disagrees with this the cost for a Piper mistake. Several • Bolt with no witness hole; and comment. Based on input from Piper, aircraft owners/operators felt that Piper • The older Piper aircraft do not use we determined these were not viable failed to manufacture the aircraft to fastener (taper pin or bolt) or have options due to the many different design specification and their quality witness holes. control wheel shaft configurations system did not detect a bad assembly. The FAA agrees with this comment. within each airplane model. However, The FAA has determined that there is Piper has revised the service anyone may submit substantiating data an unsafe condition and has identified information to provide more to show compliance with the actions of actions to correct that unsafe condition. information about the different control this AD. The FAA will review and One of the FAA’s responsibilities is to wheel shaft configurations. We are consider all alternative method of identify the direct costs involved (labor including this revised service bulletin in compliance (AMOC) requests we receive and parts) with the corrective actions. It the final rule AD action, and including provided they follow the procedures in is every owner’s and operator’s the estimated cost of each configuration 14 CFR 39.19 responsibility to maintain the airplane in the Costs of Compliance section of We are not changing the final rule AD to the type design and address any this AD. We will allow ‘‘unless already action based on this comment. airworthiness concerns. This includes done’’ credit to anyone who already Comment Issue No. 7: Compliance all maintenance requirements and ADs accomplished the actions following the Times that correct an unsafe condition. previous service bulletin included as The AOPA and M. Hefter commented We are not changing the final rule AD part of the NPRM. action based on this comment. that the compliance time should be Comment Issue No. 5: Inadequate changed to be at the next scheduled Comment Issue No. 3: Date Range of Service Information annual or 100-hour inspection, Manufacturing Error whichever occurs first. The low fleet The AOPA and Harry Cook incidences do not justify a more M. Hefter, Barry Rogers, Matt Gunsch, commented that there should be a Thomas McIntosh, and four other restrictive timetable. revision to the service bulletin to The FAA agrees and based on commenters stated that the FAA needs address the different control wheel shaft comments received from owners/ to determine a date range when the assemblies. Piper owners are requesting operators we will change the control wheel assemblies’ more instructions in the service bulletin compliance time to be within the next manufacturing errors were most likely to address the older Piper aircraft that 100 hours time-in-service or within the to have occurred. This would narrow do not use taper pins or have witness next 12 months, whichever occurs first. the number of aircraft required to be holes. inspected. This AD would require the The FAA agrees with this comment. Comment Issue No. 8: Unnecessary AD inspection of the control wheel Piper has revised the service bulletin to Action assemblies on approximately 41,928 provide more information about the The AOPA, James M. Stockdale, airplanes. There are reports from Piper different control wheel shaft Steven Barnes, and others commented owners that the inspection is not simple configurations. We will change the final that the proposed AD is a result of two and can take several hours due to rule AD action to include Piper Aircraft, reports of control wheel shafts difficulty in removing (or separating) Inc. Mandatory Service Bulletin No. incorrectly drilled at Piper. The AD the parts. 1197B, dated May 3, 2010, to use for the would require the inspection of the The FAA agrees that it would be procedures to comply with the actions control wheel assemblies on helpful to know an exact time period required by this AD. We will allow approximately 41,928 airplanes. Several when the manufacturing errors ‘‘unless already done’’ credit to anyone aircraft owners/operators feel that a occurred. Piper is unable to determine who already accomplished the actions control wheel shaft problem would have a time period when the assembly error following the previous service bulletin shown a much greater incidence level occurred. Therefore, we are unable to included as part of the NPRM. than two field reports. comply with owner’s/operator’s The FAA does not agree that the requests to narrow the number of Comment Issue No. 6: Alternative Methods of Inspecting scope needs to be changed or that this aircraft based on date of manufacture. NPRM is not necessary. A loss of the We are not changing the final rule AD Neal Bachman, M. Hefter, and several control wheel due to misdrilling of the action based on this comment. other commenters had several attachment hole may lead to separation suggestions for control wheel shafts Comment Issue No. 4: Various of the control wheel shaft, resulting in lacking a witness hole. One commenter Configurations and Cost of Compliance loss of pitch and roll control. The FAA suggested that information should be has determined that there is an unsafe The AOPA, Bruce Chien, M. Hefter, provided in the service bulletin on condition as described and justified in and Barry Rogers commented that the drilling a witness hole based on Piper the NPRM. It is every owner’s cost of compliance should be revised design specifications. Another responsibility to maintain their airplane based on field experience and difficulty commenter suggested revising the to type design and address any in removing these parts for inspection, service bulletin to include an alternative airworthiness concern. along with replacing these assemblies method to determine the location of the and different configurations used in the drilled taper pin hole, which requires a Conclusion control wheel shaft assemblies. Piper measurement from the sprocket end of We have carefully reviewed the owners claim there are different the shaft instead of measuring from the available data and determined that air configurations used in the control wheel universal joint end of the shaft (which safety and the public interest require shaft assemblies as follows: requires the removal of the tapered pin). adopting the AD as proposed except for • Taper pin on aircraft with witness The commenters feel this will greatly the changes previously discussed and holes; reduce the burden to remove the minor editorial corrections. We have

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determined that these minor • Do not add any additional burden Costs of Compliance corrections: upon the public than was already We estimate that this AD would affect • Are consistent with the intent that proposed in the NPRM. 41,928 airplanes in the U.S. registry. was proposed in the NPRM for We estimate the following costs to do correcting the unsafe condition; and the inspection:

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

From .5 work-hour to 3 work-hours × $85 per hour = Not applicable ... From $42.50 to $255 ...... From $1,781,940 to $10,691,640. $42.50 to $255.

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

Total cost per Labor cost Parts cost airplane

Taper Pin with and without witness hole: 16 work-hours × $85 $75 per side × maximum of 2 per airplane = $150 ...... $1,510 per hour = $1,360. Bolt with and without witness hole: 15 work-hours × $85 per $75 per side × maximum of 2 per airplane = $150 ...... $1,425 hour = $1,275.

Authority for This Rulemaking responsibilities among the various Adoption of the Amendment levels of government. Title 49 of the United States Code ■ Accordingly, under the authority specifies the FAA’s authority to issue For the reasons discussed above, I delegated to me by the Administrator, rules on aviation safety. Subtitle I, certify that this AD: the Federal Aviation Administration Section 106 describes the authority of 1. Is not a ‘‘significant regulatory amends part 39 of the Federal Aviation the FAA Administrator. Subtitle VII, action’’ under Executive Order 12866; Regulations (14 CFR part 39) as follows: Aviation Programs, describes in more detail the scope of the agency’s 2. Is not a ‘‘significant rule’’ under the PART 39—AIRWORTHINESS authority. DOT Regulatory Policies and Procedures DIRECTIVES We are issuing this rulemaking under (44 FR 11034, February 26, 1979); and ■ the authority described in Subtitle VII, 3. Will not have a significant 1. The authority citation for part 39 continues to read as follows: Part A, Subpart III, Section 44701, economic impact, positive or negative, ‘‘ ’’ General requirements. Under that on a substantial number of small entities Authority: 49 U.S.C. 106(g), 40113, 44701. section, Congress charges the FAA with under the criteria of the Regulatory promoting safe flight of civil aircraft in § 39.13 [Amended] Flexibility Act. air commerce by prescribing regulations ■ 2. FAA amends § 39.13 by adding a for practices, methods, and procedures We prepared a summary of the costs new AD to read as follows: the Administrator finds necessary for to comply with this AD (and other safety in air commerce. This regulation information as included in the 2010–15–10 Piper Aircraft, Inc.: Amendment 39–16376; Docket No. is within the scope of that authority Regulatory Evaluation) and placed it in FAA–2009–1015; Directorate Identifier because it addresses an unsafe condition the AD Docket. You may get a copy of 2009–CE–039–AD. that is likely to exist or develop on this summary by sending a request to us Effective Date products identified in this AD. at the address listed under ADDRESSES. (a) This AD becomes effective on August Regulatory Findings Include ‘‘Docket No. FAA–2009–1015; Directorate Identifier 2009–CE–039–AD’’ 31, 2010. We have determined that this AD will in your request. Affected ADs not have federalism implications under Executive Order 13132. This AD will List of Subjects in 14 CFR Part 39 (b) None. not have a substantial direct effect on Applicability Air transportation, Aircraft, Aviation the States, on the relationship between (c) This AD applies to the following the national government and the States, safety, Incorporation by reference, airplane models and serial numbers that are or on the distribution of power and Safety. certificated in any category:

Models Serial Nos.

PA–28–140 ...... 28–20001 through 28–26946 and 28–7125001 through 28–7725290. PA–28–150 ...... 28–03; 28–1 through 28–4377; and 28–1760A. PA–28–160 ...... 28–03; 28–1 through 28–4377; and 28–1760A. PA–28–180 ...... 28–03; 28–671 through 28–5859; and 28–7105001 through 28– 7205318. PA–28S–160 ...... 28–1 through 28–1760 and 28–1760A. PA–28S–180 ...... 28–671 through 28–5859 and 28–7105001 through 28–7105234. PA–28–235 ...... 28–10001 through 28–11378; 28–7110001 through 28–7210023; 28E–11 and 28–7310001 through 28–7710089.

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Models Serial Nos.

PA–28–236 ...... 28–7911001 through 28–8611008 and 2811001 through 2811050. PA–28–151 ...... 28–7415001 through 28–7715314. PA–28–161 ...... 2841001 through 2841365; 28–7716001 through 28–8216300; 28–8316001 through 28–8616057; 2816001 through 2816109; 2816110 through 2816119; and 2842001 through 2842305. PA–28–180 ...... 28–E13 and 28–7305001 through 28–7505260. PA–28–181 ...... 28–7690001 through 28–8690056; 28–8690061; 28–8690062; 2890001 through 2890205; 2890206 through 2890231; and 2843001 through 2843672. PA–28–201T ...... 28–7921001 through 28–7921095. PA–28R–180 ...... 28R–30002 through 28R–31270 and 28R–7130001 through 28R– 7130013. PA–28R–200 ...... 28R–35001 through 28R–35820; 28R–7135001 through 28R– 7135229; and 28R–7235001 through 28R–7635545. PA–28R–201 ...... 28R–7737002 through 28R–7837317; 2837001 through 2837061; and 2844001 through 2844138. PA–28R–201T ...... 28R–7703001 through 28R–7803374 and 2803001 through 2803012. PA–28RT–201 ...... 28R–7918001 through 28R–7918267 and 28R–8018001 through 28R–8218026. PA–28RT–201T ...... 28R–7931001 through 28R–8631005 and 2831001 through 2831038. PA–32–260 ...... 32–03; 32–04; 32–1 through 32–1297; and 32–7100001 through 32– 7800008. PA–32–300 ...... 32–15; 32–21; 32–40000 through 32–40974; and 32–7140001 through 32–7940290. PA–32S–300 ...... 32S–15; 32S–40000 through 32S–40974; and 32S–7140001 through 32S–7240137. PA–32R–300 ...... 32R–7680001 through 32R–7880068. PA–32RT–300 ...... 32R–7885002 through 32R–7985106. PA–32RT–300T ...... 32R–7787001 and 32R–7887002 through 32R–7987126. PA–32R–301 (SP) ...... 32R–8013001 through 32R–8613006; 3213001 through 3213028; and 3213030 through 3213041. PA–32R–301 (HP)...... 3213029; 3213042 through 3213103; 3246001 through 3246217; 3246219; 3246223; 3246218; 3246220 through 3246222; and 3246224 through 3246244. PA–32R–301T ...... 32R–8029001 through 32R–8629008 and 3229001 through 3229003. PA–32–301 ...... 32–8006002 through 32–8606023; 3206001 through 3206019; 3206042 through 3206044; 3206047; 3206050 through 3206055; and 3206060. PA–32–301T ...... 32–8024001 through 32–8424002. PA–32R–301T ...... 3257001 through 3257483. PA–32–301FT ...... 3232001 through 3232074. PA–32–301XTC ...... 3255001 through 3255014; 3255026, 3255015 through 3255025; 3255027; and 3255051. PA–34–200 ...... 34–E4 and 34–7250001 through 34–7450220. PA–34–200T ...... 34–7570001 through 34–8170092. PA–34–220T ...... 34–8133001 through 34–8633031; 3433001 through 3433172; 3448001 through 3448037; 3448038 through 3448079; 3447001 through 3447029; and 3449001 through 3449377. PA–44–180 ...... 44–7995001 through 44–8195026; 4495001 through 4495013; and 4496001 through 4496251. PA–44–180T ...... 44–8107001 through 44–8207020.

Unsafe Condition correct any incorrectly assembled control Compliance wheel shafts. This condition, if left (d) This AD results from two field reports (e) To address this problem, you must do uncorrected, could lead to separation of the of incorrectly assembled control wheel control wheel shaft, resulting in loss of pitch the following, unless already done: shafts. We are issuing this AD to detect and and roll control.

Actions Compliance Procedures

(1) Inspect the pilot and copilot control wheel Within 100 hours time-in-service after August Follow Piper Aircraft, Inc. Mandatory Service columns for correct control wheel shaft instal- 31, 2010 (the effective date of this AD), or Bulletin No. 1197A, dated September 1, lation. within the next 12 months after August 31, 2009; or Piper Aircraft, Inc. Mandatory 2010 (the effective date of this AD), which- Service Bulletin No. 1197B, dated May 3, ever occurs first. 2010. (2) If during the inspection required in para- Before further flight after the inspection where Follow Piper Aircraft, Inc. Mandatory Service graph (e)(1) of this AD an incorrectly installed incorrect installation of the control wheel Bulletin No. 1197A, dated September 1, control wheel shaft is found, replace the ap- shaft is found. 2009; or Piper Aircraft, Inc. Mandatory propriate shaft with a new shaft. Service Bulletin No. 1197B, dated May 3, 2010.

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Actions Compliance Procedures

(3) Inspect the universal joint and all other con- Before further flight after the inspection where Follow Piper Aircraft, Inc. Mandatory Service trol wheel parts when doing the action re- incorrect installation of the control wheel Bulletin No. 1197A, dated September 1, quired in (e)(2) of this AD and, if any deterio- shaft is found. 2009; or Piper Aircraft, Inc. Mandatory ration, excessive wear, or damage is found, Service Bulletin No. 1197B, dated May 3, replace the universal joint and/or other control 2010. wheel parts with a new universal joint and/or other applicable new control wheel parts as necessary.

Alternative Methods of Compliance code_of_federal_regulations/ Administration, 800 Independence (AMOCs) ibr_locations.html. Avenue, SW., Washington, DC 20591; (f) The Manager, Atlanta Aircraft Issued in Kansas City, Missouri, on July 16, telephone: (202) 267–8783. Certification Office (ACO), FAA, has the 2010. SUPPLEMENTARY INFORMATION: authority to approve AMOCs for this AD, if Kim Smith, requested using the procedures found in 14 History Manager, Small Airplane Directorate, Aircraft CFR 39.19. Send information to ATTN: On Wednesday, May 5, 2010, the FAA Hector Hernandez, Aerospace Engineer, Certification Service. Atlanta Aircraft Certification Office (ACO), [FR Doc. 2010–18012 Filed 7–26–10; 8:45 am] published in the Federal Register a 1701 Columbia Avenue, College Park, GA BILLING CODE 4910–13–P notice of proposed rulemaking (NPRM) 30337; telephone: (404) 474–5587; fax: (404) to modify V–82, V–175, V–191, and V– 474–5606. Before using any approved AMOC 430 in the vicinity of Bemidji, MN (75 on any airplane to which the AMOC applies, DEPARTMENT OF TRANSPORTATION FR 24504). Interested parties were notify your appropriate principal inspector invited to participate in this rulemaking (PI) in the FAA Flight Standards District Federal Aviation Administration effort by submitting written comments Office (FSDO), or lacking a PI, your local on this proposal to the FAA. One FSDO. 14 CFR Part 71 comment was received in response to Related Information the proposal. [Docket No. FAA–2010–0241; Airspace The commenter requested the FAA (g) To get copies of the service information Docket No. 10–AGL–4] referenced in this AD, contact Piper Aircraft, provide at least a fix to replace the Inc., 2926 Piper Drive, Vero Beach, Florida RIN 2120–AA66 Bemidji VOR. The FAA addressed this 32960; telephone: (772) 567–4361; fax: (772) comment in the proposal section of the 978–6573; Internet: http:// Modification of VOR Federal Airways NPRM. Specifically, the FAA stated, ‘‘To www.newpiper.com/company/ V–82, V–175, V–191, and V–430 in the restore the navigable airway structure in publications.asp. To view the AD docket, go Vicinity of Bemidji, MN the vicinity of Bemidji, MN, the FAA is to U.S. Department of Transportation, Docket proposing to establish the BLUOX fix in Operations, M–30, West Building Ground AGENCY: Federal Aviation the same location currently depicting Floor, Room W12–140, 1200 New Jersey Administration (FAA), DOT. Avenue, SE., Washington, DC 20590, or on the BJI VOR navigation aid.’’ The ACTION: Final rule. the Internet at http://www.regulations.gov. BLUOX fix, as proposed, is defined by intersecting airway radials. Material Incorporated by Reference SUMMARY: This action modifies the legal description of VHF omnidirectional Subsequent to publication, the FAA (h) You must use Piper Aircraft, Inc. took action to change the Decatur (DEC) Mandatory Service Bulletin No. 1197A, dated range (VOR) Federal Airways V–82, V– 175, V–191, and V–430 in the vicinity VHF omni-directional range/tactical air September 1, 2009, or Piper Aircraft, Inc. navigation (VORTAC) name and Mandatory Service Bulletin No. 1197B, dated of Bemidji, MN. The Bemidji (BJI) VOR, May 3, 2010, to do the actions required by that forms a segment of these airways, identifier to the Adders VORTAC this AD, unless the AD specifies otherwise. has been out of service for over two (AXC). The DEC VORTAC name change (1) The Director of the Federal Register years due to terrain and new will only affect V–191 in this approved the incorporation by reference of construction signal interference rulemaking action. this service information under 5 U.S.C. 552(a) and 1 CFR part 51. problems and is planned for The Rule (2) For service information identified in decommissioning. An airway This action amends Title 14 Code of this AD, contact Piper Aircraft, Inc., 2926 intersection reporting point is being Federal Regulations (14 CFR) part 71 by Piper Drive, Vero Beach, Florida 32960; established in the same location as the modifying V–82, V–175, V–191, and V– telephone: (772) 567–4361; fax: (772) 978– BJI VOR to restore a navigable route 430 in the vicinity of Bemidji, MN. The 6573; Internet: http://www.newpiper.com/ structure to the area similar to what company/publications.asp. BJI VOR navigation aid was removed existed prior to the loss of service from from service in April 2007, and is being (3) You may review copies of the service the navigation aid. information incorporated by reference for decommissioned. To restore the this AD at the FAA, Central Region, Office of DATES: Effective date 0901 UTC, navigable airway structure in the the Regional Counsel, 901 Locust, Kansas September 23, 2010. The Director of the vicinity of Bemidji, MN, the FAA is City, Missouri 64106. For information on the Federal Register approves this establishing the BLUOX fix in the same availability of this material at the Central incorporation by reference action under location currently depicting the BJI Region, call (816) 329–3768. 1 CFR part 51, subject to the annual VOR. Also, V–430 is rerouted between (4) You may also review copies of the revision of FAA Order 7400.9 and the BLUOX fix and Grand Forks VOR service information incorporated by reference publication of conforming amendments. for this AD at the National Archives and (GFK), ND, over the Thief River Falls Records Administration (NARA). For FOR FURTHER INFORMATION CONTACT: VOR (TVF), MN. Except for V–191, information on the availability of this Colby Abbott, Airspace and Rules which is being modified to terminate at material at NARA, call (202) 741–6030, or go Group, Office of System Operations the Grand Rapids VOR (GPZ), MN, the to: http://www.archives.gov/federal_register/ Airspace and AIM, Federal Aviation FAA is modifying the V–82, V–175, and

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V–430 legal descriptions to replace the Environmental Review V–430 [Modified] BJI VOR with an airways intersection The FAA has determined that this From Cut Bank, MT, 10 miles, 74 miles 55 point defining the BLUOX fix. MSL; Harve, MT, 14 miles, 100 miles 50 action qualifies for categorical exclusion ° Additionally, V–191 is being MSL; Glasgow, MT; INT Glasgow 100 and under the National Environmental Williston, ND, 263° radials, 22 miles, 33 amended to reflect the Decatur VORTAC Policy Act in accordance with FAA miles 55 MSL, Williston; Minot, ND; Devils name change to Adders VORTAC. The Order 1050.1E, Environmental Impacts: Lake, ND; Grand Forks, ND; Thief River Falls, Decatur VORTAC and Decatur Airport Polices and Procedures, paragraph 311a. MN; INT Thief River Falls 122° and Grand share the same name and facility This airspace action is not expected to Rapids, MN, 292° radials; Grand Rapids; identifier (DEC), but are not co-located cause any potentially significant Duluth, MN; Ironwood, MI; Iron Mountain, and are greater than 5 nautical miles environmental impacts, and no MN; to Escanaba, MI. apart. To eliminate the possibility of extraordinary circumstances exist that Issued in Washington, DC, on July 16, confusion, and a potential flight safety warrant preparation of an 2010. issue, the Decatur VORTAC is being environmental assessment. Edith V. Parish, renamed the Adders VORTAC and Manager, Airspace and Rules Group. assigned a new facility identifier (AXC). List of Subjects in 14 CFR Part 71 [FR Doc. 2010–17953 Filed 7–26–10; 8:45 am] Accordingly, the V–191 legal Airspace, Incorporation by reference, description will be amended to reflect Navigation (air). BILLING CODE 4910–13–P the Adders, IL, [VORTAC] name change. Adoption of the Amendment VOR Federal airways are published in DEPARTMENT OF TRANSPORTATION paragraph 6010(a) of FAA Order ■ In consideration of the foregoing, the 7400.9T signed August 27, 2009 and Federal Aviation Administration Federal Aviation Administration effective September 15, 2009, which is amends 14 CFR part 71 as follows: incorporated by reference in 14 CFR 14 CFR Part 71 71.1. The VOR Federal Airways listed in PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR [Docket No. FAA–2010–0095; Airspace this document will be published Docket No. 10–ASO–18] subsequently in the Order. TRAFFIC SERVICE ROUTES; AND REPORTING POINTS The FAA has determined that this Amendment of Class D Airspace; regulation only involves an established ■ 1. The authority citation for part 71 Goldsboro, NC body of technical regulations for which continues to read as follows: AGENCY: Federal Aviation frequent and routine amendments are Authority: 49 U.S.C. 106(g), 40103, 40113, Administration (FAA), DOT. necessary to keep them operationally 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– ACTION: Final rule. current. Therefore, this regulation: (1) Is 1963 Comp., p.389. not a ‘‘significant regulatory action’’ SUMMARY: This action amends the Class under Executive Order 12866; (2) is not § 71.1 [Amended] D Airspace at Seymour Johnson AFB, a ‘‘significant rule’’ under Department of ■ 2. The incorporation by reference in Goldsboro, NC, to reflect the part-time Transportation (DOT) Regulatory 14 CFR 71.1 of the FAA Order 7400.9T, operating status of the control tower. Policies and Procedures (44 FR 11034; Airspace Designations and Reporting DATES: Effective 0901 UTC, September February 26, 1979); and (3) does not Points, signed August 27, 2009, and 23, 2010. The Director of the Federal warrant preparation of a regulatory effective September 15, 2009, is Register approves this incorporation by evaluation as the anticipated impact is amended as follows: reference action under title 1, Code of so minimal. Since this is a routine Paragraph 6010(a) Domestic VOR Federal Federal Regulations, part 51, subject to matter that will only affect air traffic Airways the annual revision of FAA Order procedures and air navigation, it is * * * * * 7400.9 and publication of conforming certified that this rule, when amendments. promulgated, will not have a significant V–82 [Modified] FOR FURTHER INFORMATION CONTACT: economic impact on a substantial ° From Baudette, MN; INT Baudette 194 and Melinda Giddens, Operations Support number of small entities under the Brainerd, MN, 331° radials; Brainerd; Group, Eastern Service Center, Federal criteria of the Regulatory Flexibility Act. Gopher, MN; Farmington, MN; Rochester, Aviation Administration, P.O. Box The FAA’s authority to issue rules MN; Nodine, MN; to Dells, WI. * * * * * 20636, Atlanta, Georgia 30320; regarding aviation safety is found in telephone (404) 305–5610. Title 49 of the United States Code. V–175 [Modified] SUPPLEMENTARY INFORMATION: Subtitle I, Section 106 describes the From Malden, MO; Vichy, MO; Hallsville, authority of the FAA Administrator. MO; Macon, MO; Kirksville, MO; Des History Subtitle VII, Aviation Programs, Moines, IA; Sioux City, IA; Worthington, On April 8, 2010, the FAA published describes in more detail the scope of the MN; Redwood Falls, MN; Alexandria, MN; in the Federal Register a notice of agency’s authority. Park Rapids, MN; INT Park Rapids 003° and ° proposed rulemaking to amend Class D This rulemaking is promulgated Roseau, MN, 160 radials; Roseau; to airspace for Seymour Johnson AFB, Winnipeg, MB, Canada. The airspace within under the authority described in Canada is excluded. Goldsboro, NC (75 FR 17891) Docket Subtitle VII, Part A, Subpart I, Section No. FAA–2010–0095. Interested parties 40103. Under that section, the FAA is * * * * * were invited to participate in this charged with prescribing regulations to V–191 [Modified] rulemaking effort by submitting written assign the use of the airspace necessary From Troy, IL; Adders, IL; Roberts, IL; INT comments on the proposal to the FAA. to ensure the safety of aircraft and the Roberts 008° and Joliet, IL, 067° radials; No comments were received. Class D efficient use of airspace. This regulation Northbrook, IL; Badger, WI; Oshkosh, WI; airspace designations are published in is within the scope of that authority as Rhinelander, WI; Ironwood, MI; Duluth, MN; paragraph 5000 of FAA Order 7400.9T it modifies VOR Federal airways in the Hibbing, MN; to Grand Rapids, MN. signed August 27, 2009, and effective vicinity of Bemidji, MN. * * * * * September 15, 2009, which is

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incorporated by reference in 14 CFR PART 71—DESIGNATION OF CLASS A, Register approves this incorporation by Part 71.1. The Class D airspace B, C, D AND E AIRSPACE AREAS; AIR reference action under title 1, Code of designations listed in this document TRAFFIC SERVICE ROUTES; AND Federal Regulations, part 51, subject to will be published subsequently in the REPORTING POINTS the annual revision of FAA Order Order. 7400.9 and publication of conforming ■ 1. The authority citation for Part 71 amendments. The Rule continues to read as follows: FOR FURTHER INFORMATION CONTACT: This amendment to Title 14, Code of Authority: 49 U.S.C. 106(g); 40103, 40113, Melinda Giddens, Operations Support Federal Regulations (14 CFR) part 71 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. Group, Eastern Service Center, Federal amends the Class D surface airspace to Aviation Administration, P.O. Box reflect the part-time operations of the § 71.1 [Amended] 20636, Atlanta, Georgia 30320; airport control tower, establishing in ■ 2. The incorporation by reference in telephone (404) 305–5610. advance the dates and times by a Notice 14 CFR 71.1 of Federal Aviation SUPPLEMENTARY INFORMATION: to Airmen. This action is necessary for Administration Order 7400.9T, Airspace History the safety and management of IFR Designations and Reporting Points, operations at the airport. signed August 27, 2009, effective On March 23, 2010, the FAA The FAA has determined that this September 15, 2009, is amended as published in the Federal Register a regulation only involves an established follows: notice of proposed rulemaking to amend body of technical regulations for which Class E airspace at Clemson, SC and Paragraph 5000 Class D Airspace. frequent and routine amendments are establish Class E airspace at Pickens, SC necessary to keep them operationally * * * * * (75 FR 13697) Docket No. FAA–2010– current, is non-controversial and ASO NC D Goldsboro, NC [Amended] 0052. Interested parties were invited to unlikely to result in adverse or negative Seymour Johnson AFB, NC participate in this rulemaking effort by comments. It, therefore, (1) is not a (Lat. 35°20′22″ N., long. 77°57′38″ W.) submitting written comments on the ‘‘significant regulatory action’’ under That airspace extending upward from the proposal to the FAA. No comments Executive Order 12866; (2) is not a surface to and including 2,600 feet MSL were received. Class E airspace ‘‘significant rule’’ under DOT Regulatory within a 5.7-mile radius of Seymour Johnson designations are published in paragraph Policies and Procedures AFB. This Class D airspace area is effective 6005 of FAA Order 7400.9T signed (44 FR 11034; February 26, 1979); and during the specific dates and times August 27, 2009, and effective (3) does not warrant preparation of a established in advance by a Notice to September 15, 2009, which is Airmen. The effective dates and times will Regulatory Evaluation as the anticipated thereafter be continuously published in the incorporated by reference in 14 CFR impact is so minimal. Since this is a Airport/Facility Directory. Part 71.1. The Class E airspace routine matter that will only affect air designations listed in this document traffic procedures and air navigation, it Issued in College Park, Georgia, on July 13, will be published subsequently in the 2010. is certified that this rule, when Order. promulgated, will not have a significant Mark D. Ward, The Rule economic impact on a substantial Manager, Operations Support Group, Eastern number of small entities under the Service Center, Air Traffic Organization. This amendment to Title 14, Code of criteria of the Regulatory Flexibility Act. [FR Doc. 2010–18264 Filed 7–26–10; 8:45 am] Federal Regulations (14 CFR) part 71 The FAA’s authority to issue rules BILLING CODE 4910–13–P amends the Class E airspace extending regarding aviation safety is found in upward from 700 feet above the surface at Clemson, SC to remove Pickens Title 49 of the United States Code. DEPARTMENT OF TRANSPORTATION Subtitle I, Section 106 describes the County Airport from the airspace authority of the FAA Administrator. Federal Aviation Administration description and establish Class E Subtitle VII, Aviation Programs, airspace at Pickens, SC, to support a describes in more detail the scope of the 14 CFR Part 71 new LPV Approach developed for agency’s authority. Pickens County Airport. This action is [Docket No. FAA–2010–0052; Airspace necessary for the safety and This rulemaking is promulgated Docket No. 10–ASO–13] management of IFR operations at the under the authority described in airports. Subtitle VII, Part A, Subpart I, Section Amendment of Class E Airspace; The FAA has determined that this 40103. Under that section, the FAA is Clemson, SC and Establishment of regulation only involves an established charged with prescribing regulations to Class E Airspace: Pickens, SC body of technical regulations for which assign the use of airspace necessary to AGENCY: Federal Aviation frequent and routine amendments are ensure the safety of aircraft and the Administration (FAA), DOT. necessary to keep them operationally efficient use of airspace. This regulation ACTION: Final rule. current, is non-controversial and is within the scope of that authority as unlikely to result in adverse or negative it amends controlled airspace at SUMMARY: This action amends Class E comments. It, therefore, (1) is not a Seymour Johnson AFB, Goldsboro, NC. Airspace at Clemson, SC, to correct the ‘‘significant regulatory action’’ under List of Subjects in 14 CFR Part 71 airspace description and establish Class Executive Order 12866; (2) is not a E airspace at Pickens, SC, to achieve an ‘‘significant rule’’ under DOT Regulatory Airspace, Incorporation by reference, additional 1000′ of airspace to support Policies and Procedures (44 FR 11034; Navigation (Air). a new LPV Approach (Localizer February 26, 1979); and (3) does not Adoption of the Amendment Performance with Vertical Guidance) warrant preparation of a Regulatory that has been developed for Pickens Evaluation as the anticipated impact is ■ In consideration of the foregoing, the County Airport. so minimal. Since this is a routine Federal Aviation Administration DATES: Effective 0901 UTC, September matter that will only affect air traffic amends 14 CFR Part 71 as follows: 23, 2010. The Director of the Federal procedures and air navigation, it is

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certified that this rule, when That airspace extending upward from 700 Part 71.1. The Class E airspace promulgated, will not have a significant feet above the surface within a 6.5-mile designations listed in this document radius of the Pickens County Airport and economic impact on a substantial ° will be published subsequently in the number of small entities under the within 3.6 miles each side of the 044 bearing Order. from the airport, extending from the 6.5-mile criteria of the Regulatory Flexibility Act. radius to 11 miles northeast of the airport. The FAA’s authority to issue rules The Rule regarding aviation safety is found in Issued in College Park, Georgia, on July 13, 2010. This amendment to Title 14, Code of Title 49 of the United States Code. Federal Regulations (14 CFR) part 71 Mark D. Ward, Subtitle I, Section 106 describes the amends the Class E airspace extending authority of the FAA Administrator. Manager, Operations Support Group, Eastern upward from 700 feet above the surface Service Center, Air Traffic Organization. Subtitle VII, Aviation Programs, at Mount Airy, NC to provide the describes in more detail the scope of the [FR Doc. 2010–18263 Filed 7–26–10; 8:45 am] controlled airspace required to support agency’s authority. BILLING CODE 4910–13–P the SIAPs for Mount Airy-Surry County This rulemaking is promulgated Airport. This action is necessary for the under the authority described in safety and management of IFR DEPARTMENT OF TRANSPORTATION Subtitle VII, Part A, Subpart I, Section operations at the airport. 40103. Under that section, the FAA is Federal Aviation Administration The FAA has determined that this charged with prescribing regulations to regulation only involves an established assign the use of airspace necessary to 14 CFR Part 71 body of technical regulations for which ensure the safety of aircraft and the frequent and routine amendments are efficient use of airspace. This regulation [Docket No. FAA–2010–0070; Airspace necessary to keep them operationally is within the scope of that authority as Docket No. 10–ASO–14] current, is non-controversial and it amends Class E airspace at Clemson, unlikely to result in adverse or negative SC, and establishes Class E airspace at Amendment of Class E Airspace; comments. It, therefore, (1) is not a Pickens, SC. Mount Airy, NC ‘‘significant regulatory action’’ under List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation Executive Order 12866; (2) is not a Administration (FAA), DOT. Airspace, Incorporation by reference, ‘‘significant rule’’ under DOT Regulatory ACTION: Final rule. Navigation (Air). Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not SUMMARY: This action amends Class E Adoption of the Amendment warrant preparation of a Regulatory Airspace at Mount Airy, NC, to Evaluation as the anticipated impact is In consideration of the foregoing, the accommodate the additional airspace so minimal. Since this is a routine Federal Aviation Administration needed for the Standard Instrument matter that will only affect air traffic amends 14 CFR Part 71 as follows: Approach Procedures (SIAPs) procedures and air navigation, it is developed for Mount Airy-Surry County PART 71—DESIGNATION OF CLASS A, certified that this rule, when Airport. B, C, D AND E AIRSPACE AREAS; AIR promulgated, will not have a significant TRAFFIC SERVICE ROUTES; AND DATES: Effective 0901 UTC, September economic impact on a substantial REPORTING POINTS 23, 2010. The Director of the Federal number of small entities under the Register approves this incorporation by criteria of the Regulatory Flexibility Act. ■ 1. The authority citation for Part 71 reference action under title 1, Code of continues to read as follows: Federal Regulations, part 51, subject to The FAA’s authority to issue rules regarding aviation safety is found in Authority: 49 U.S.C. 106(g); 40103, 40113, the annual revision of FAA Order 7400.9 and publication of conforming Title 49 of the United States Code. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Subtitle I, Section 106 describes the 1963 Comp., p. 389. amendments. authority of the FAA Administrator. § 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: Subtitle VII, Aviation Programs, Melinda Giddens, Operations Support ■ 2. The incorporation by reference in describes in more detail the scope of the Group, Eastern Service Center, Federal agency’s authority. 14 CFR 71.1 of Federal Aviation Aviation Administration, P.O. Box This rulemaking is promulgated Administration Order 7400.9T, Airspace 20636, Atlanta, Georgia 30320; under the authority described in Designations and Reporting Points, telephone (404) 305–5610. signed August 27, 2009, effective Subtitle VII, Part A, Subpart I, Section SUPPLEMENTARY INFORMATION: September 15, 2009, is amended as 40103. Under that section, the FAA is follows: History charged with prescribing regulations to assign the use of airspace necessary to Paragraph 6005 Class E Airspace Areas On March 25, 2010, the FAA Extending Upward From 700 Feet or More published in the Federal Register a ensure the safety of aircraft and the Above the Surface of the Earth. notice of proposed rulemaking to amend efficient use of airspace. This regulation * * * * * Class E airspace at Mount Airy, NC (75 is within the scope of that authority as it amends controlled airspace at Mount ASO SC E5 Clemson, SC [AMENDED] FR 14381) Docket No. FAA–2010–0070. Interested parties were invited to Airy, NC. Clemson-Oconee County Airport, SC participate in this rulemaking effort by (Lat. 34°40′19″ N., long. 82°53′12″ W.) List of Subjects in 14 CFR Part 71 submitting written comments on the That airspace extending upward from 700 proposal to the FAA. No comments Airspace, Incorporation by reference, feet above the surface within a 7-mile radius Navigation (Air). of Clemson-Oconee County Airport. were received. Class E airspace designations are published in paragraph * * * * * Adoption of the Amendment 6005 of FAA Order 7400.9T signed ASO SC E5 Pickens, SC [NEW] August 27, 2009, and effective ■ In consideration of the foregoing, the Pickens County Airport, SC September 15, 2009, which is Federal Aviation Administration (Lat. 34°48′36″ N., long. 82°42′10″ W.) incorporated by reference in 14 CFR amends 14 CFR Part 71 as follows:

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PART 71—DESIGNATION OF CLASS A, the annual revision of FAA Order Subtitle I, Section 106 describes the B, C, D AND E AIRSPACE AREAS; AIR 7400.9 and publication of conforming authority of the FAA Administrator. TRAFFIC SERVICE ROUTES; AND amendments. Subtitle VII, Aviation Programs, REPORTING POINTS FOR FURTHER INFORMATION CONTACT: describes in more detail the scope of the agency’s authority. ■ 1. The authority citation for Part 71 Melinda Giddens, Operations Support This rulemaking is promulgated continues to read as follows: Group, Eastern Service Center, Federal Aviation Administration, P.O. Box under the authority described in Authority: 49 U.S.C. 106(g); 40103, 40113, 20636, Atlanta, Georgia 30320; Subtitle VII, Part A, Subpart I, Section 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– telephone (404) 305–5610. 40103. Under that section, the FAA is 1963 Comp., p. 389. SUPPLEMENTARY INFORMATION: charged with prescribing regulations to § 71.1 [Amended] assign the use of airspace necessary to History ensure the safety of aircraft and the ■ 2. The incorporation by reference in efficient use of airspace. This regulation 14 CFR 71.1 of Federal Aviation On April 19, 2010, the FAA published in the Federal Register a notice of is within the scope of that authority as Administration Order 7400.9T, Airspace it amends controlled airspace at Designations and Reporting Points, proposed rulemaking to amend Class E airspace for Johnston County Airport, Johnston County Airport, Smithfield, signed August 27, 2009, effective NC. September 15, 2009, is amended as Smithfield, NC (75 FR 20320) Docket follows: No. FAA–2010–0285. Interested parties Lists of Subjects in 14 CFR Part 71 were invited to participate in this Paragraph 6005 Class E Airspace Areas rulemaking effort by submitting written Airspace, Incorporation by reference, Extending Upward From 700 Feet or More comments on the proposal to the FAA. Navigation (Air). Above the Surface of the Earth. No comments were received. Class E Adoption of the Amendment * * * * * airspace designations are published in ASO NC E5 Mount Airy, NC [AMENDED] paragraph 6005 of FAA Order 7400.9T ■ In consideration of the foregoing, the Mount Airy-Surry County Airport, NC signed August 27, 2009, and effective Federal Aviation Administration (Lat. 36°27′35″ N., long. 80°33′11″ W.) September 15, 2009, which is amends 14 CFR Part 71 as follows: That airspace extending upward from 700 incorporated by reference in 14 CFR feet above the surface within a 9-mile radius Part 71.1. The Class E airspace PART 71—DESIGNATION OF CLASS A, of the Mount Airy-Surry County Airport and designations listed in this document B, C, D AND E AIRSPACE AREAS; AIR within 3.9 miles each side of the 353° bearing will be published subsequently in the TRAFFIC SERVICE ROUTES; AND from the airport extending from the 9-mile Order. REPORTING POINTS radius to 15.3 miles north of the Mount Airy- Surry County Airport. The Rule ■ 1. The authority citation for Part 71 Issued in College Park, Georgia, on July 13, This amendment to Title 14, Code of continues to read as follows: 2010. Federal Regulations (14 CFR) part 71 Authority: 49 U.S.C. 106(g); 40103, 40113, Mark D. Ward, amends the Class E5 airspace extending 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Manager, Operations Support Group, Eastern upward from 700 feet above the surface 1963 Comp., p. 389. to accommodate SIAPs at Johnston Service Center, Air Traffic Organization. § 71.1 [Amended] [FR Doc. 2010–17948 Filed 7–26–10; 8:45 am] County Airport, Smithfield, NC. This ■ BILLING CODE 4910–13–P action is necessary for the safety and 2. The incorporation by reference in management of IFR operations at the 14 CFR 71.1 of Federal Aviation airport. Administration Order 7400.9T, Airspace DEPARTMENT OF TRANSPORTATION The FAA has determined that this Designations and Reporting Points, regulation only involves an established signed August 27, 2009, effective Federal Aviation Administration body of technical regulations for which September 15, 2009, is amended as frequent and routine amendments are follows: 14 CFR Part 71 necessary to keep them operationally Paragraph 6005 Class E Airspace Extending current, is non-controversial and [Docket No. FAA–2010–0285; Airspace Upward From 700 Feet or More Above the Docket No. 10–ASO–23] unlikely to result in adverse or negative Surface of the Earth. comments. It, therefore, (1) is not a * * * * * Amendment of Class E Airspace; ‘‘significant regulatory action’’ under Smithfield, NC Executive Order 12866; (2) is not a ASO NC E5 Smithfield, NC [Amended] ‘‘significant rule’’ under DOT Regulatory Johnston County Airport, NC AGENCY: Federal Aviation Policies and Procedures (44 FR 11034; (Lat. 35°32′27″ N., long. 78°23′25″ W.) Administration (FAA), DOT. February 26, 1979); and (3) does not That airspace extending upward from 700 ACTION: Final rule. warrant preparation of a Regulatory feet above the surface within a 6.5-mile Evaluation as the anticipated impact is radius of the Johnston County Airport and SUMMARY: This action amends the Class so minimal. Since this is a routine within 2 miles each side of the 023° bearing E Airspace at Smithfield, NC, to matter that will only affect air traffic from the airport extending from the 6.5-mile accommodate the additional airspace procedures and air navigation, it is radius to 10.2 miles northeast of the Johnston County Airport. need for the Standard Instrument certified that this rule, when Approach Procedures (SIAPs) promulgated, will not have a significant Issued in College Park, Georgia, on July 13, developed for Johnston County Airport. economic impact on a substantial 2010. DATES: Effective 0901 UTC, September number of small entities under the Mark D. Ward, 23, 2010. The Director of the Federal criteria of the Regulatory Flexibility Act. Manager, Operations Support Group, Eastern Register approves this incorporation by The FAA’s authority to issue rules Service Center, Air Traffic Organization. reference action under title 1, Code of regarding aviation safety is found in [FR Doc. 2010–17950 Filed 7–26–10; 8:45 am] Federal Regulations, part 51, subject to Title 49 of the United States Code. BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Since this action merely involves List of Subjects in 14 CFR Part 71 editorial changes in the legal Airspace, Incorporation by reference, Federal Aviation Administration descriptions of VOR Federal Airways, Navigation (air). and does not involve a change in the 14 CFR Part 71 dimensions or operating requirements of Adoption of the Amendment [Docket No. FAA–2010–0689; Airspace that airspace, notice and public ■ In consideration of the foregoing, the Docket No. 09–AGL–29] procedure under 5 U.S.C. 553(b) are Federal Aviation Administration unnecessary. amends 14 CFR part 71 as follows: RIN: 2120–AA66 Domestic VOR Federal Airways are Amendment of VOR Federal Airways published in paragraph 6010(a) of FAA PART 71—DESIGNATION OF CLASS A, V–50, V–251, and V–313 in the Vicinity Order 7400.9T, signed August 27, 2009, B, C, D, AND E AIRSPACE AREAS; AIR of Decatur, IL and effective September 15, 2009, which TRAFFIC SERVICE ROUTES; AND is incorporated by reference in 14 CFR REPORTING POINTS AGENCY: Federal Aviation 71.1. The domestic VOR Federal ■ Administration (FAA), DOT. Airways listed in this document will be 1. The authority citation for 14 CFR part 71 continues to read as follows: ACTION: Final rule. published subsequently in the Order. The FAA has determined that this Authority: 49 U.S.C. 106(g), 40103, 40113, SUMMARY: This action amends the legal regulation only involves an established 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– description of the VHF omnidirectional body of technical regulations for which 1963 Comp., p. 389. range (VOR) Federal Airways V–50, V– frequent and routine amendments are § 71.1 [Amended] 251, and V–313 in the vicinity of necessary to keep them operationally Decatur, IL. The FAA is taking this ■ 2. The incorporation by reference in current. Therefore, this regulation: (1) Is 14 CFR 71.1 of the Federal Aviation action because the Decatur VHF omni- not a ‘‘significant regulatory action’’ directional range/tactical air navigation Administration Order 7400.9T, Airspace under Executive Order 12866; (2) is not Designations and Reporting Points, (VORTAC), included as part of the V– ‘‘ ’’ a significant rule under DOT signed August 27, 2009, and effective 50, V–251, and V–313 route structure, is Regulatory Policies and Procedures (44 being renamed the Adders VORTAC. September 15, 2009, is amended as FR 11034; February 26, 1979); and (3) follows: DATES: Effective date 0901 UTC, does not warrant preparation of a September 23, 2010. The Director of the Regulatory Evaluation as the anticipated Paragraph 6010(a) Domestic VOR Federal Federal Register approves this impact is so minimal. Since this is a Airways. incorporation by reference action under routine matter that will only affect air * * * * * 1 CFR part 51, subject to the annual traffic procedures and air navigation, it revision of FAA Order 7400.9 and is certified that this rule, when V–50 [Amended] publication of conforming amendments. promulgated, will not have a significant From Hastings, NE; Pawnee City, NE; St. FOR FURTHER INFORMATION CONTACT: economic impact on a substantial Joseph, MO; Kirksville, MO; Quincy, IL; Colby Abbott, Airspace and Rules number of small entities under the Spinner, IL; Adders, IL; Terre Haute, IN; Brickyard, IN; to Dayton, OH. Group, Office of System Operations criteria of the Regulatory Flexibility Act. Airspace and AIM, Federal Aviation The FAA’s authority to issue rules * * * * * Administration, 800 Independence regarding aviation safety is found in V–251 [Amended] Avenue, SW., Washington, DC 20591; Title 49 of the United States Code. From Adders, IL; Champaign, IL; Danville, telephone: (202) 267–8783. Subtitle I, Section 106 describes the IL; to Boiler, IN. SUPPLEMENTARY INFORMATION: authority of the FAA Administrator. * * * * * Subtitle VII, Aviation Programs, The Rule describes in more detail the scope of the V–313 [Amended] This action amends Title 14 Code of agency’s authority. From Malden, MO; Cape Girardeau, MO; Federal Regulations (14 CFR) part 71 by This rulemaking is promulgated Centralia, IL; Adders, IL; to Pontiac, IL. amending the legal description of VOR under the authority described in Issued in Washington, DC, on July 13, Federal Airways V–50, V–251, and V– Subtitle VII, Part A, Subpart I, Section 2010. 313, in the vicinity of Decatur, IL. 40103. Under that section, the FAA is Edith V. Parish, Currently, V–50, V–251, and V–313 charged with prescribing regulations to Manager, Airspace and Rules Group. have Decatur, IL, [VORTAC] included as assign the use of the airspace necessary [FR Doc. 2010–17947 Filed 7–26–10; 8:45 am] part of their route structure. The Decatur to ensure the safety of aircraft and the BILLING CODE 4910–13–P VORTAC and the Decatur Airport share efficient use of airspace. This regulation the same name and facility identifier is within the scope of that authority as (DEC), but are not co-located and are it revises the legal description of three DEPARTMENT OF TRANSPORTATION greater than 5 nautical miles apart. To VOR Federal Airways in the vicinity of eliminate the possibility of confusion, Decatur, IL. Federal Aviation Administration and a potential flight safety issue, the Environmental Review Decatur VORTAC will be renamed the 14 CFR Part 71 Adders VORTAC and assigned a new There are no changes to the lateral [Docket No. FAA–2010–0001; Airspace facility identifier (AXC). All VOR limits. Therefore, the FAA has Docket No. 10–ASO–10] Federal Airways with Decatur, IL, determined that this action is not [VORTAC] included in their legal subject to environmental assessments Revocation of Class D and E Airspace; description will be amended to reflect and procedures in accordance with FAA Panama City, FL the Adders, IL, [VORTAC] name change. Order 1050.1E, Policies and Procedures AGENCY: Federal Aviation The name change of the VORTAC will for Considering Environmental Impacts, Administration (FAA), DOT. coincide with the effective date of this and the National Environmental Policy ACTION: Final rule. rulemaking action. Act.

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SUMMARY: This action removes the Class frequent and routine amendments are Paragraph 5000 Class D Airspace. D and E Airspace at Panama City-Bay necessary to keep them operationally * * * * * County Airport, Panama City, FL, as the current, is non-controversial and ASO FL D Panama City, FL [Removed] airport has closed and the associated unlikely to result in adverse or negative Standard Instrument Approach Panama City-Bay County Airport, FL comments. It, therefore, (1) is not a ° ′ ″ ° ′ ″ Procedures (SIAPs) removed, ‘‘significant regulatory action’’ under (Lat. 30 12 44 N., long. 85 40 58 W.) eliminating the need for controlled Executive Order 12866; (2) is not a * * * * * airspace. ‘‘significant rule’’ under DOT Regulatory Paragraph 6004 Class E Airspace Areas Policies and Procedures (44 FR 11034; Designated as an Extension to a Class D DATES: Effective 0901 UTC, September Surface Area. 23, 2010. The Director of the Federal February 26, 1979); and (3) does not * * * * * Register approves this incorporation by warrant preparation of a Regulatory reference action under title 1, Code of Evaluation as the anticipated impact is ASO FL E4 Panama City, FL [Removed] Federal Regulations, part 51, subject to so minimal. Since this is a routine Panama City-Bay County Airport, FL the annual revision of FAA Order matter that will only affect air traffic (Lat. 30°12′44″ N., long. 85°40′58″ W.) 7400.9 and publication of conforming procedures and air navigation, it is Panama City VORTAC amendments. certified that this rule, when (Lat. 30°12′59″ N., long. 85°40′52″ W.) promulgated, will not have a significant FOR FURTHER INFORMATION CONTACT: * * * * * economic impact on a substantial Melinda Giddens, Operations Support Paragraph 6005 Class E Airspace Extending number of small entities under the Upward From 700 Feet or More Above the Group, Eastern Service Center, Federal criteria of the Regulatory Flexibility Act. Surface of the Earth. Aviation Administration, P.O. Box The FAA’s authority to issue rules * * * * * 20636, Atlanta, Georgia 30320; regarding aviation safety is found in telephone (404) 305–5610. Title 49 of the United States Code. ASO FL E5 Panama City, FL [Removed] SUPPLEMENTARY INFORMATION: Subtitle I, Section 106 describes the Panama City-Bay County Airport, FL (Lat. 30°12′44″ N., long. 85°40′58″ W.) History authority of the FAA Administrator. Subtitle VII, Aviation Programs, Tyndall AFB Northwest Florida-Panama City (Lat. 30°04′12″ N., long. 85°34′34″ W.) describes in more detail the scope of the International Airport, a new airport for agency’s authority. Issued in College Park, Georgia, on July 13, Panama City, FL, opened on May 23, This rulemaking is promulgated 2010. 2010. Therefore, the Panama City-Bay under the authority described in Mark D. Ward, County Airport was closed effective at Subtitle VII, Part A, Subpart I, Section Manager, Operations Support Group, Eastern 10 p.m. on May 22, 2010. The associated 40103. Under that section, the FAA is Service Center, Air Traffic Organization. SIAPs and controlled airspace must be charged with prescribing regulations to [FR Doc. 2010–18262 Filed 7–26–10; 8:45 am] removed in conjunction with the airport assign the use of airspace necessary to BILLING CODE 4910–13–P closure. As a result, this action will ensure the safety of aircraft and the remove the Class D, E4, and E5 airspace efficient use of airspace. This regulation for the Panama City-Bay County Airport, is within the scope of that authority as DEPARTMENT OF COMMERCE Panama City, FL. This rule will become it removes controlled airspace at effective on the date specified in the Panama City-Bay County Airport, Bureau of Industry and Security DATES section. Since this action Panama City, FL. eliminates the impact of controlled airspace on users of the National List of Subjects in 14 CFR Part 71 15 CFR Parts 740 and 742 Airspace System in the vicinity of the Airspace, Incorporation by reference, [Docket No. 100309131–0283–03] Panama City-Bay County Airport, Navigation (Air). Panama City, FL, notice and public procedure under 5 U.S.C. 553(b) are Adoption of the Amendment RIN 0694–AE89 unnecessary. Class D and Class E ■ In consideration of the foregoing, the Clarification of Grace Period for airspace designations are published in Federal Aviation Administration Encryption Registration Requirement paragraphs 5000, 6004 and 6005 amends 14 CFR Part 71 as follows: respectively of FAA Order 7400.9T, AGENCY: Bureau of Industry and dated August 27, 2009, and effective PART 71—DESIGNATION OF CLASS A, Security, Commerce. September 15, 2009, which is B, C, D AND E AIRSPACE AREAS; AIR ACTION: Final rule; correcting incorporated by reference in 14 CFR TRAFFIC SERVICE ROUTES; AND amendments. 71.1. The Class D and E airspace REPORTING POINTS designations listed in this document SUMMARY: This rule clarifies the intent ■ will be published subsequently in the 1. The authority citation for Part 71 of the encryption registration Order. continues to read as follows: requirement that appeared in a rule Authority: 49 U.S.C. 106(g); 40103, 40113, published on June 25, 2010. In addition, The Rule 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– this rule corrects the e-mail address for This amendment to Title 14, Code of 1963 Comp., p. 389. the public contact referenced in the June Federal Regulations (14 CFR) part 71 § 71.1 [Amended] 25, 2010 rule. removes the Class D, E4 and E5 airspace DATES: This rule is effective July 27, ■ at Panama City-Bay County Airport, 2. The incorporation by reference in 2010. Panama City, FL. Controlled airspace is 14 CFR 71.1 of Federal Aviation no longer needed as the airport has Administration Order 7400.9T, Airspace FOR FURTHER INFORMATION CONTACT: closed. Designations and Reporting Points, Sharron Cook, Regulatory Policy The FAA has determined that this signed August 27, 2009, effective Division, e-mail [email protected], regulation only involves an established September 15, 2009, is amended as telephone (202) 482–2440. body of technical regulations for which follows: SUPPLEMENTARY INFORMATION:

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Background exporters have until August 24, 2010 to term is defined in Executive Order On June 25, 2010, the Bureau of submit their encryption registrations.’’ 13132. Industry and Security (BIS) published a This rule also adds a sentence to the 4. BIS finds that there is good cause final rule (75 FR 36482) that, inter alia, introductory text of paragraph (b) of under 5 U.S.C. 553(b)(B) to waive the established an encryption registration § 742.15 that reads ‘‘For items self- provisions of the Administrative requirement for authorization under classified under paragraph (b)(1) of this Procedure Act requiring prior notice provisions of License Exception ENC, as section from June 25, 2010 through and the opportunity for public comment codified in § 740.17(b)(1), (b)(2) and August 24, 2010, and for requests for because it is unnecessary. These (b)(3) of the EAR, and for transactions in classification under paragraph (b)(3) of revisions merely clarify the intent of the connection with mass market this section submitted from June 25, encryption registration requirement, encryption transaction, as codified in 2010 through August 24, 2010, exporters therefore allowing prior notice and §§ 742.15(b)(1) and (b)(3) of the EAR. In have until August 24, 2010 to submit comment on these rules is unnecessary. their encryption registrations.’’ § 740.17(d)(1)(i)(A) and (d)(1)(i)(B), the In addition, BIS finds good cause under Since this rule is a clarification of rule specified that an encryption 5 U.S.C. 553(d) to waive the 30-day contradicting provisions of the delay in effectiveness because this rule registration was required to be filed the regulations, BIS has determined that first time that a party submits an this rule has no retroactive effect. The merely makes technical changes to the encryption classification request under registration requirement remains regulations to clarify the intent of the § 740.17(b)(2) and (b)(3) or performs an prospective (i.e. by August 24, 2010), encryption registration requirement. No encryption self-classification under and BIS is not actually triggering any other law requires that notice of § 740.17(b)(1) on or after August 24, requirements with which the affected proposed rulemaking and an 2010. The rule also stated that an entities would not otherwise have to opportunity for public comment be encryption registration was required to comply. The encryption clarification given for this rule; therefore, the be submitted in support of an rule simply clarifies that those who analytical requirements of the encryption classification or in proceed with export between June 25, Regulatory Flexibility Act (5 U.S.C. 601 circumstances where a party is making 2010 and August 24, 2010 must file with et seq.) are not applicable. a mass market encryption item eligible BIS by August 24, 2010. The public is List of Subjects for export and reexport (including the not adversely affected by this definition at § 734.2(b)(9) for encryption clarification since it provides exporters 15 CFR Part 740 software) under § 742.15(b)(1) for the with a clear guidance for exporting Administrative practice and first time on or after August 24, 2010. between June 25, 2010 and August 24, procedure, Exports, Reporting and Although the rule was issued in final 2010. recordkeeping requirements. form on June 25, the rule intended to In addition, the June 25, 2010 rule establish a grace period permitting listed a non-existent e-mail address 15 CFR Part 742 parties to wait until August 24 to submit ([email protected]) as the e-mail their registration requirements. address for technical questions in the Exports, Terrorism. The intent of this grace period was to FOR FURTHER INFORMATION CONTACT ■ allow industry time to gather Accordingly, the Bureau of Industry section of the preamble of the rule. The and Security amends its Export information necessary to accurately correct address for technical questions submit the information required in the Administration Regulations (15 CFR is [email protected]. The e-mail parts 730–774) as follows: encryption registration (Supplement No. address for non-technical questions 5 to part 742), to change internal continues to be [email protected]. PART 740 [AMENDED] procedures, and to train personnel Rulemaking Requirements before submitting the encryption ■ 1. The authority citations for part 740 registration. However, the rule 1. This rule is not significant for continue to read as follows: inadvertently omitted language that purposes of Executive Order 12866. clarifies that parties may self-classify or 2. Notwithstanding any other Authority: 50 U.S.C. app. 2401 et seq.; 50 seek classifications between June 25, provision of law, no person is required U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; 2010 and August 24, 2010 without first to respond to, nor shall any person be E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 submitting a registration. It also subject to a penalty for failure to comply Comp., p. 783; Notice of August 13, 2009, 74 inadvertently omitted language that with a collection of information, subject FR 41325 (August 14, 2009). clarifies the post-classification to the requirements of the Paperwork registration requirement for parties that Reduction Act, unless that collection of ■ 2. Section 740.17 is amended by self-classified or sought classifications information displays a currently valid adding a sentence after the first sentence between June 25, 2010 and August 24, Office of Management and Budget in paragraph (b) introductory text to 2010, but did not self-classify or seek a Control Number. This rule involves a read as follows: classification again on or after August collection of information that has been § 740.17 Encryption commodities, 24, 2010. This rule corrects the approved by the OMB under control software and technology (ENC). regulations to include language that number 0694–0088, which carries a clarifies the intent of the grace period. burden hour estimate of 58 minutes to * * * * * Therefore, this rule adds a sentence to prepare and submit form BIS–748. (b) * * * For items self-classified the introductory text of paragraph (b) of Miscellaneous and recordkeeping under paragraph (b)(1) of this section § 740.17 that reads, ‘‘For items self- activities account for 12 minutes per from June 25, 2010 through August 24, classified under paragraph (b)(1) of this submission. BIS believes that this rule 2010, and for requests for classification section from June 25, 2010 through will make no change to the number of under paragraphs (b)(2) and (b)(3) of this August 24, 2010, and for requests for submissions or to the burden imposed section submitted from June 25, 2010 classification under paragraphs (b)(2) by this collection. through August 24, 2010, exporters have and (b)(3) of this section submitted from 3. This rule does not contain policies until August 24, 2010 to submit their June 25, 2010 through August 24, 2010, with Federalism implications as that encryption registrations. * * *

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PART 742 [AMENDED] August 24, 2010 to submit their changes the date for the zone to July 23, encryption registrations. * * * 2010. During the enforcement periods, ■ 3. The authority citations for part 742 Dated: July 21, 2010. entry into, transit through, mooring, or continue to read as follows: Bernard Kritzer, anchoring within these zones is prohibited unless authorized by the Authority: 50 U.S.C. app. 2401 et seq.; 50 Director, Office of Exporter Services. U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; Captain of the Port, Puget Sound or [FR Doc. 2010–18360 Filed 7–26–10; 8:45 am] 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 Designated Representative. U.S.C. 7210; Sec 1503, Pub. L. 108 11, 117 BILLING CODE 3510–33–P DATES: Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, This safety zone will be enforced 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, from 5 p.m. on July 23, 2010, to 1 a.m. 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 DEPARTMENT OF HOMELAND on July 24, 2010. FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. SECURITY FOR FURTHER INFORMATION CONTACT: If 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. you have questions on this notice, call 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Coast Guard Comp., p. 783; Presidential Determination or e-mail LTJG Ashley M. Wanzer, Sector Seattle Waterways Management, 2003 23 of May 7, 2003, 68 FR 26459, May 33 CFR Part 165 16, 2003; Notice of August 13, 2009, 74 FR Coast Guard; telephone 206–217–6175, 41325 (August 14, 2009); Notice of November [Docket No. USCG–2010–0063] [email protected]. 6, 2009, 74 FR 58187 (November 10, 2009). SUPPLEMENTARY INFORMATION: The Coast ■ Safety Zones; Annual Firework 4. Section 742.15 is amended by Guard will enforce the safety zone listed adding a sentence after the fourth Displays Within the Captain of the Port, Puget Sound Area of in 33 CFR 165.1332, Safety Zones; sentence in paragraph (b) to read as Responsibility annual firework displays within the follows: Captain of the Port, Puget Sound Area AGENCY: Coast Guard, DHS. § 742.15 Encryption items. of Responsibility. A previous notice of ACTION: Correction of Notice of enforcement, published on July 1, 2010 * * * * * Enforcement of Regulation. (b) * * * For items self-classified (75 FR 38021), incorrectly stated that the zone would be enforced on July 24, under paragraph (b)(1) of this section SUMMARY: On July 1, 2010, the Coast from June 25, 2010 through August 24, Guard published a document in the 2010. This notice provides corrected 2010, and for requests for classification Federal Register, providing notice of information. under paragraph (b)(3) of this section enforcement of a 300-yard safety zone in The following safety zone will be submitted from June 25, 2010 through Dyes Inlet for the Whaling Days event enforced from 5 p.m. on July 23, 2010 August 24, 2010, exporters have until on July 24, 2010. This correction through 1 a.m. on July 24, 2010:

Event Name Location Latitude Longitude Radius

Whaling Days ...... Dyes Inlet ...... 47° 38.65′ N 122° 41.35′ W 300

Dated: July 12, 2010. staging area. This safety zone is between 9 a.m. and 5 p.m., Monday S.W. Bornemann, necessary to protect personnel and through Friday, except Federal holidays. Captain, U.S. Coast Guard, Captain of the vessels at the response staging area at FOR FURTHER INFORMATION CONTACT: If Port, Puget Sound. Shell Beach in Hopedale, LA in you have questions on this temporary [FR Doc. 2010–18267 Filed 7–23–10; 11:15 am] response to the DEEPWATER HORIZON rule, call or e-mail Lieutenant BILLING CODE 9110–04–P oil spill. Vessels must travel at a safe Commander (LCDR) Marty Daniels, speed and distance to maintain a no Sector New Orleans, Coast Guard; wake zone in this area. telephone 504–565–5044, e-mail DEPARTMENT OF HOMELAND [email protected]. If you SECURITY DATES: This rule is effective in the CFR from July 27, 2010 until 11:59 p.m. on have questions on viewing the docket, call Renee V. Wright, Program Manager, September 24, 2010. This rule is Coast Guard Docket Operations, telephone 202–366– effective with actual notice for purposes 9826. 33 CFR Part 165 of enforcement beginning June 24, 2010 upon signature. This rule will remain in SUPPLEMENTARY INFORMATION: [Docket No. USCG–2010–0622] effect until 11:59 p.m. on September 24, Regulatory Information 2010. Safety Zone; DEEPWATER HORIZON The Coast Guard is issuing this Response Staging Area in the Vicinity ADDRESSES: Documents indicated in this temporary final rule without prior of Shell Beach, Hopedale, LA preamble as being available in the notice and opportunity to comment AGENCY: Coast Guard, DHS. docket are part of docket USCG–2010– pursuant to authority under section 4(a) 0622 and are available online by going ACTION: Temporary final rule. of the Administrative Procedure Act to http://www.regulations.gov, inserting (APA) (5 U.S.C. 553(b)). This provision SUMMARY: The New Orleans Captain of USCG–2010–0622 in the ‘‘Keyword’’ authorizes an agency to issue a rule the Port (COTP), under the authority of box, and then clicking ‘‘Search.’’ They without prior notice and opportunity to the Ports and Waterways Safety Act, has are also available for inspection or comment when the agency for good established a safety zone requiring no copying at the Docket Management cause finds that those procedures are wake on the Mississippi River Gulf Facility (M–30), U.S. Department of ‘‘impracticable, unnecessary, or contrary Outlet (MRGO) at Mile 42 extending the Transportation, West Building Ground to the public interest.’’ Under 5 U.S.C. entire width of the MRGO 500 yards Floor, Room W12–140, 1200 New Jersey 553(b)(B), the Coast Guard finds that above and 500 yards below the response Avenue, SE., Washington, DC 20590, good cause exists for not publishing a

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notice of proposed rulemaking (NPRM) Office of Management and Budget has better evaluate its effects on them and with respect to this rule. It would be not reviewed it under that Order. participate in the rulemaking process. impracticable to issue an NPRM for this This rule has been deemed an Small businesses may send comments rule, because a safety zone is needed emergency regulatory action after on the actions of Federal employees immediately to protect personnel and consultation with the Eighth Coast who enforce, or otherwise determine vessels associate with response Guard District Legal Office, CG–0941 compliance with, Federal regulations to operations at the staging area at Shell and CG–0943. Although this regulation the Small Business and Agriculture Beach. will restrict access to the area, the effect Regulatory Enforcement Ombudsman Under 5 U.S.C. 553(d)(3), the Coast of the rule will not be significant and the Regional Small Business Guard finds that good cause exists for because the safety zone will only be in Regulatory Fairness Boards. The making this rule effective less than 30 place for a limited specified time period Ombudsman evaluates these actions days after publication in the Federal and is for a limited size and notice will annually and rates each agency’s Register. Potential safety hazards be provided to the maritime community responsiveness to small business. If you associated with response activities at through Safety Broadcast Notice to wish to comment on actions by this location prohibits regularly issued Mariners and Marine Safety Information employees of the Coast Guard, call 1– safety zones. Bulletins. Additionally, persons or 888–REG–FAIR (1–888–734–3247). The Basis and Purpose vessels requiring deviations from this Coast Guard will not retaliate against rule may request permission from the small entities that question or complain This response staging area is in Captain of the Port New Orleans. about this rule or any policy or action support of the DEEPWATER HORIZON of the Coast Guard. oil spill clean-up effort. This safety zone Small Entities Collection of Information requires that vessels maintain the Under the Regulatory Flexibility Act slowest safe speed to maintain steerage. (5 U.S.C. 601–612), we have considered This rule calls for no new collection This rule is needed to protect members whether this rule would have a of information under the Paperwork of the response effort by creating a no significant economic impact on a Reduction Act of 1995 (44 U.S.C. 3501– wake zone in the vicinity of the staging substantial number of small entities. 3520). area. In addition, the rule is needed to The term ‘‘small entities’’ comprises Federalism protect mariners transiting in or through small businesses, not-for-profit the area from the dangers associated organizations that are independently A rule has implications for federalism with navigating around equipment owned and operated and are not under Executive Order 13132, deployed in support of the clean-up dominant in their fields, and Federalism, if it has a substantial direct efforts. governmental jurisdictions with effect on State or local governments and Discussion of Rule populations of less than 50,000. would either preempt State law or The Coast Guard is establishing a The Coast Guard certifies under 5 impose a substantial direct cost of safety zone encompassing the coastal U.S.C. 605(b) that this will not have a compliance on them. We have analyzed areas affected by the DEEPWATER significant economic impact on a this rule under that Order and have HORIZON oil spill on the Mississippi substantial number of small entities. determined that it does not have River Gulf Outlet (MRGO) at Mile 42 at This rule will affect the following implications for federalism. entities, some of which may be small Shell Beach. The safety zone will Unfunded Mandates Reform Act encompass the entire width of the entities: the owners or operators of MRGO, 500 yards above and 500 yards vessels, intending to transit the MRGO The Unfunded Mandates Reform Act below the response staging area. In at Mile 42 in the vicinity of the of 1995 (2 U.S.C. 1531–1538) requires accordance with the general regulation DEEPWATER HORIZON oil spill Federal agencies to assess the effects of in § 165.23 of this part, vessels must response staging area at Shell Beach and their discretionary regulatory actions. In transit at the slowest safe speed to allow where oil spill response activities are particular, the Act addresses actions for steerage to comply with the no wake taking place. This safety zone will not that may result in the expenditure by a zone located in (a)(1). Vessels must have a significant economic impact on State, local, or tribal government, in the exercise caution when transiting this a substantial number of small entities aggregate, or by the private sector of area to observe the no wake zone. The for the following reasons: the safety $100,000,000 (adjusted for inflation) or Coast Guard will enforce this safety zone will only be in place for a limited more in any one year. Though this rule zone from June 24 through September specified time period and is for a will not result in such an expenditure, 24, 2010. limited size; notice will be provided to we do discuss the effects of this rule the maritime community through Safety elsewhere in this preamble. Regulatory Analyses Broadcast Notice to Mariners and Taking of Private Property We developed this rule after Marine Safety Information Bulletins; considering numerous statutes and and persons or vessels requiring This rule will not cause a taking of executive orders related to rulemaking. deviations from this rule may request private property or otherwise have Below we summarize our analyses permission from the Captain of the Port taking implications under Executive based on 13 of these statutes or New Orleans. Finally, we note that Order 12630, Governmental Actions and executive orders. vessels can transit the area, but merely Interference with Constitutionally must do so at reduced speeds. Protected Property Rights. Regulatory Planning and Review Assistance for Small Entities Civil Justice Reform This rule is an emergency regulatory action under section 6(a)(3)(D) of Under section 213(a) of the Small This rule meets applicable standards Executive Order 12866, Regulatory Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive Planning and Review, and requires Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to compliance with the ordinary review we offer to assist small entities in minimize litigation, eliminate procedure to the extent practicable. The understanding the rule so that they can ambiguity, and reduce burden.

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Protection of Children Management Directive 023–01 and New Orleans. The COTP may be We have analyzed this rule under Commandant Instruction M16475.lD, contacted at telephone (504) 846–5923. Executive Order 13045, Protection of which guide the Coast Guard in (3) All persons and vessels shall Children from Environmental Health complying with the National comply with the instructions of the Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 Captain of the Port New Orleans and an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and designated personnel. Designated does not create an environmental risk to have concluded this action is one of a personnel include commissioned, health or risk to safety that may category of actions which do not warrant and petty officers of the U.S. disproportionately affect children. individually or cumulatively have a Coast Guard. significant effect on the human Indian Tribal Governments Dated: June 24, 2010. environment. This rule is categorically E. M. Stanton, This rule does not have tribal excluded, under figure 2–1, paragraph Captain, U.S. Coast Guard, Commander, implications under Executive Order (34)(g), of the Instruction. This rule Sector New Orleans. 13175, Consultation and Coordination involves the establishment of a safety [FR Doc. 2010–18306 Filed 7–26–10; 8:45 am] with Indian Tribal Governments, zone. because it does not have a substantial Under figure 2–1, paragraph (34)(g), of BILLING CODE 9110–04–P direct effect on one or more Indian the Instruction, an environmental tribes, on the relationship between the analysis checklist and a categorical DEPARTMENT OF HOMELAND Federal Government and Indian tribes, exclusion determination are required for SECURITY or on the distribution of power and this rule because it concerns a situation responsibilities between the Federal of more than 1 week in duration. An Coast Guard Government and Indian tribes. environmental analysis checklist and a categorical exclusion determination will Energy Effects 33 CFR Part 165 be made available in the docket upon We have analyzed this rule under publication in the Federal Register. [Docket No. USCG–2010–0458] Executive Order 13211, Actions RIN 1625–AA00 Concerning Regulations That List of Subjects in 33 CFR Part 165 Significantly Affect Energy Supply, Harbors, Marine Safety, Navigation Safety Zone; He’eia Kea Small Boat Distribution, or Use. We have (water), Reporting and record-keeping Harbor, Kaneohe Bay, Oahu, HI determined that it is not a ‘‘significant requirements, Security Measures, energy action’’ under that order because Waterways. AGENCY: Coast Guard, DHS. it is not a ‘‘significant regulatory action’’ ■ For the reasons discussed in the ACTION: Temporary Final Rule. under Executive Order 12866 and is not preamble, the Coast Guard amends 33 likely to have a significant adverse effect CFR part 165 as follows: SUMMARY: The Coast Guard is on the supply, distribution, or use of establishing a temporary safety zone in energy. The Administrator of the Office PART 165—REGULATED NAVIGATION He’eia Kea Small Boat Harbor located in of Information and Regulatory Affairs AREAS AND LIMITED ACCESS AREAS Kaneohe Bay, Oahu, Hawaii. The safety has not designated it as a significant zone is necessary to protect watercraft ■ energy action. Therefore, it does not 1. The authority citation for Part 165 and the general public from hazards require a Statement of Energy Effects continues to read as follows: associated with five vessels moored for under Executive Order 13211. Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. approximately 3-weeks off the boat Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; harbor’s main pier. Vessels desiring to Technical Standards 33 CFR 1.05–1(g), 6.06–1, 6.05–6 and 160.5; transit through the zone can request The National Technology Transfer Pub. L. 107–295, 116 Stat. 2064; Department permission by contacting the Captain of and Advancement Act (NTTAA) (15 of Homeland Security Delegation No. 0170.1. the Port Honolulu. U.S.C. 272 note) directs agencies to use ■ 2. Add § 165.T08–0622 to read as DATES: This rule is effective in the CFR voluntary consensus standards in their follows: on July 27, 2010 through 7:00 p.m. on regulatory activities unless the agency August 13, 2010. This rule is effective provides Congress, through the Office of § 165.T08–0622 Safety Zone, DEEPWATER with actual notice for purposes of Management and Budget, with an HORIZON Response Staging Area in the vicinity of Shell Beach, Hopedale, LA. enforcement on 5 a.m. on July 16, 2010. explanation of why using these This rule will remain in effect through standards would be inconsistent with (a) Location: On the Mississippi River 7 p.m. on August 13, 2010. applicable law or otherwise impractical. Gulf Outlet (MRGO) at Mile 42 in the ADDRESSES: Documents indicated in this Voluntary consensus standards are vicinity of Shell Beach to extend the preamble as being available in the technical standards (e.g., specifications entire width of the MRGO 500 yards docket are part of docket USCG–2010– of materials, performance, design, or above and 500 yards below the response 0458 and are available online by going operation; test methods; sampling staging area. to http://www.regulations.gov/, inserting procedures; and related management (b) Enforcement Period: This rule will USCG–2010–0458 in the ‘‘Keyword’’ systems practices) that are developed or be enforced from June 24, 2010, until box, and then clicking ‘‘Search.’’ They adopted by voluntary consensus 11:59 p.m. on September 24, 2010. are also available for inspection or standards bodies. (c) Regulations: This rule does not use technical (1) In accordance with the general copying at the Docket Management standards. Therefore, we did not regulation in § 165.23 of this part, Facility (M–30), U.S. Department of consider the use of voluntary consensus vessels must transit at the slowest safe Transportation, West Building Ground standards. speed to allow for steerage to comply Floor, Room W12–140, 1200 New Jersey with no wake zone located in (a). Avenue, SE., Washington, DC 20590, Environment (2) Persons or vessels requiring between 9 a.m. and 5 p.m., Monday We have analyzed this rule under deviations from this rule must request through Friday, except Federal holidays Department of Homeland Security permission from the Captain of the Port SUPPLEMENTARY INFORMATION:

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Regulatory Information the ocean floor. The zone will be because this rule will only be in effect The Coast Guard is issuing this enforced from 5 a.m. on July 16, 2010, for a limited period of time, vessels will temporary final rule without prior through 7 p.m. on August 13, 2010. be able to transit around the safety zone, Entry into or remaining in the safety notice and opportunity to comment and will be allowed to transit in and zone will be prohibited unless pursuant to authority under section 4(a) around the temporary safety zone in authorized by the Coast Guard Captain of the Administrative Procedure Act He’eia Kea Small Boat Harbor with of the Port Honolulu zone. Vessels (APA) (5 U.S.C. 553(b)). This provision prearranged vessel escorts once desiring to transit through the zone can authorizes an agency to issue a rule permission to transit the zone is request permission by contacting the without prior notice and opportunity to granted. Honolulu Captain of the Port on VHF comment when the agency for good Channel 81A or at phone numbers 808– Assistance for Small Entities cause finds that those procedures are Under section 213(a) of the Small ‘‘ 563–9906 and 808–842–2600. impracticable, unnecessary, or contrary Business Regulatory Enforcement ’’ to the public interest. Under 5 U.S.C. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), 553(b)(B), the Coast Guard finds that We developed this rule after we offer to assist small entities in good cause exists for not publishing a considering numerous statutes and understanding the rule so that they can notice of proposed rulemaking (NPRM) executive orders related to rulemaking. better evaluate its effects on them and with respect to this rule. This is because Below we summarize our analyses participate in the rulemaking process. it would be impracticable for the Coast based on 13 of these statutes or Small businesses may send comments Guard to publish an NPRM and final executive orders. on the actions of Federal employees rule before the zone is needed on July who enforce, or otherwise determine Regulatory Planning and Review 16, 2010. compliance with, Federal regulations to Under 5 U.S.C. 553(d)(3), the Coast This rule is not a significant the Small Business and Agriculture Guard finds that good cause exists for regulatory action under section 3(f) of Regulatory Enforcement Ombudsman making this rule effective less than 30 Executive Order 12866, Regulatory and the Regional Small Business days after publication in the Federal Planning and Review, and does not Regulatory Fairness Boards. The Register. There is a need to establish the require an assessment of potential costs Ombudsman evaluates these actions safety zone before July 16, 2010, in and benefits under section 6(a)(3) of that annually and rates each agency’s order to protect watercraft and the Order. The Office of Management and responsiveness to small business. If you general public from hazards associated Budget has not reviewed it under that wish to comment on actions by with fixed moorings and stationary Order. employees of the Coast Guard, call 1– vessels in the harbor. This zone will have not have a 888–REG–FAIR (1–888–734–3247). The Basis and Purpose significant impact on the harbor’s Coast Guard will not retaliate against commercial use since nearly all the small entities that question or complain In 2009, Fourth Mate Productions westward and eastward portions of the about this rule or any policy or action formally proposed mooring five vessels small boat harbor will remain open for of the Coast Guard. in and around He’eia Kea Small Boat business. Furthermore, vessels will be Harbor and main pier with the State of able to transit in the temporary safety Collection of Information Hawaii’s permission and after meeting zone with permission from the Captain This rule calls for no new collection with numerous local users and of the Port, and escort vessels will be of information under the Paperwork environmental and boating agency freely available on a case by case basis Reduction Act of 1995 (44 U.S.C. 3501– officials. and once entry into the safety zone is 3520). In June 2010 and after all granted. environmental and permitting Federalism requirements were met, Fourth Mate Small Entities A rule has implications for federalism Productions was given permission to Under the Regulatory Flexibility Act under Executive Order 13132, place moorings and five stationary (5 U.S.C. 601–612), we have considered Federalism, if it has a substantial direct vessels in He’eia Kea Small Boat Harbor. whether this rule would have a effect on State or local governments and Due to He’eia Kea Small Boat Harbor’s significant economic impact on a would either preempt State law or heavy traffic during daylight hours, the substantial number of small entities. impose a substantial direct cost of Coast Guard determined that a safety The term ‘‘small entities’’ comprises compliance on them. We have analyzed zone was appropriate to ensure safe and small businesses, not-for-profit this rule under that Order and have orderly transit around the moorings and organizations that are independently determined that it does not have five stationary vessels by all other owned and operated and are not implications for federalism. watercraft and the general public. dominant in their fields, and governmental jurisdictions with Unfunded Mandates Reform Act Discussion of the Rule populations of less than 50,000. The Unfunded Mandates Reform Act The Coast Guard is establishing a The Coast Guard certifies under 5 of 1995 (2 U.S.C. 1531–1538) requires temporary safety zone in He’eia Kea U.S.C. 605(b) that this rule would not Federal agencies to assess the effects of Small Boat Harbor located in Kaneohe have a significant economic impact on their discretionary regulatory actions. In Bay, Oahu, Hawaii. This safety zone is a substantial number of small entities. particular, the Act addresses actions in the shape of a box bounded by the This rule will affect the following that may result in the expenditure by a points: 21°26′30.9″ N, 157°48′40.4″ W; entities, some of which may be small State, local, or tribal government, in the 21°26′53.4″ N, 157°48′33.8″ W (aka entities: The owners or operators of aggregate, or by the private sector of Light #2); 21°26′40.9″ N, 157°48′10.5″ vessels using the He’eia Kea Small Boat $100,000,000 (adjusted for inflation) or W, and 21°26′30.4″ N, 157°48′20.57″ W Harbor between July 16 and August 13, more in any one year. Though this rule (aka Kealohi Pt) thence along the coast 2010. This safety zone will not have a would not result in such an to the beginning point. The zone will significant economic impact on a expenditure, we do discuss the effects of extend from the surface of the water to substantial number of small entities this rule elsewhere in this preamble.

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Taking of Private Property technical standards (e.g., specifications Light #2); 21°26′40.9″ N, 157°48′10.5″ ° ′ ″ ° ′ ″ This rule will not cause a taking of of materials, performance, design, or W, and 21 26 30.4 N, 157 48 20.57 W private property or otherwise have operation; test methods; sampling (aka Kealohi Pt) thence along the coast taking implications under Executive procedures; and related management to the beginning point. This safety zone Order 12630, Governmental Actions and systems practices) that are developed or extends from the surface of the water to Interference with Constitutionally adopted by voluntary consensus the ocean floor. Protected Property Rights. standards bodies. These coordinates are based upon the This rule does not use technical National Oceanic and Atmospheric Civil Justice Reform standards. Therefore, we did not Administration Coast Survey, Pacific This rule meets applicable standards consider the use of voluntary consensus Ocean, Oahu, Hawaii, chart 19359. in sections 3(a) and 3(b)(2) of Executive standards. (b) Regulations. (1) Entry into or remaining in the safety zone described Order 12988, Civil Justice Reform, to Environment minimize litigation, eliminate in paragraph (a) of this section is ambiguity, and reduce burden. We have analyzed this rule under prohibited unless authorized by the Department of Homeland Security Coast Guard Captain of the Port Protection of Children Management Directive 023–01 and Honolulu zone. We have analyzed this rule under Commandant Instruction M16475.lD, (2) Persons desiring to transit in the Executive Order 13045, Protection of which guide the Coast Guard in safety zone may contact the Honolulu Children from Environmental Health complying with the National Captain of the Port on VHF channel 81A Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 (157.075 MHz), VHF channel 16 an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and (156.800 MHz), or at telephone numbers does not create an environmental risk to have concluded this action is one of a 1–808–563–9906 and 808–842–2600 to health or risk to safety that may category of actions which do not seek permission to transit the area with disproportionately affect children. individually or cumulatively have a a designated escort vessel. If permission significant effect on the human is granted, all persons and vessels must Indian Tribal Governments environment. This rule is categorically comply with the instructions of the This rule does not have tribal excluded, under figure 2–1, paragraph Captain of the Port or his or her implications under Executive Order (34)(g), of the Instruction. This rule designated representative. 13175, Consultation and Coordination involves establishing, disestablishing, or (c) Effective period. This rule is with Indian Tribal Governments, changing Regulated Navigation Areas effective from 5:00 a.m. local (HST) time because it does not have a substantial and security or safety zones. An on July 16, 2010 through 7:00 p.m. local direct effect on one or more Indian environmental analysis checklist and a (HST) time on August 13, 2010. tribes, on the relationship between the categorical exclusion determination are (d) Regulations. In accordance with Federal Government and Indian tribes, available in the docket where indicated the general regulations in 33 CFR part or on the distribution of power and under ADDRESSES. 165, Subpart C, no person or vessel may enter or remain in the zone except for responsibilities between the Federal List of Subjects in 33 CFR Part 165 Government and Indian tribes. support vessels and personnel, or other Harbors, Marine safety, Navigation vessels authorized by the Captain of the Energy Effects (water), Reporting and recordkeeping Port or his designated representatives. We have analyzed this rule under requirements, Security measures, (e) Penalties. Vessels or persons Executive Order 13211, Actions Waterways. violating this rule would be subject to Concerning Regulations That ■ For the reasons discussed in the the penalties set forth in 33 U.S.C. 1232 Significantly Affect Energy Supply, preamble, the Coast Guard is amending and 50 U.S.C. 192. Distribution, or Use. We have 33 CFR part 165 as follows: Dated: June 24, 2010. determined that it is not a ‘‘significant R.E. McFarland, energy action’’ under that order because PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Commander, U.S. Coast Guard, Acting it is not a ‘‘significant regulatory action’’ Captain of the Port Honolulu. under Executive Order 12866 and is not ■ 1. The authority citation for part 165 [FR Doc. 2010–18268 Filed 7–26–10; 8:45 am] likely to have a significant adverse effect continues to read as follows: BILLING CODE 9110–04–P on the supply, distribution, or use of energy. The Administrator of the Office Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. of Information and Regulatory Affairs Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; LIBRARY OF CONGRESS has not designated it as a significant Pub. L. 107–295, 116 Stat. 2064; Department energy action. Therefore, it does not of Homeland Security Delegation No. 0170.1. Copyright Office require a Statement of Energy Effects ■ 2. Add § 165.T14–199 to read as under Executive Order 13211. follows: 37 CFR Part 201 Technical Standards § 165.T14–205 Safety Zone; He’eia Kea [Docket No. RM 2008–8] The National Technology Transfer Small Boat Harbor, Kaneohe Bay, Oahu, and Advancement Act (NTTAA) (15 Hawaii. Exemption to Prohibition on U.S.C. 272 note) directs agencies to use (a) Location. The following area is a Circumvention of Copyright Protection voluntary consensus standards in their temporary safety zone: All waters Systems for Access Control regulatory activities unless the agency contained within a specified area Technologies provides Congress, through the Office of around five moored vessels in the He’eia AGENCY: Copyright Office, Library of Management and Budget, with an Kea Small Boat Harbor located in Congress. explanation of why using these Kaneohe Bay, Oahu, Hawaii. This safety ACTION: Final rule. standards would be inconsistent with zone is bounded by the points: applicable law or otherwise impractical. 21°26′30.9″ N, 157°48′40.4″ W; SUMMARY: The Librarian of Congress Voluntary consensus standards are 21°26′53.4″ N, 157°48′33.8″ W (aka announces that the prohibition against

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circumvention of technological measure that effectively controls access has on criticism, comment, news measures that effectively control access to a work protected under this title. In reporting, teaching, scholarship, or to copyrighted works shall not apply to order to ensure that the public will have research; persons who engage in noninfringing continued ability to engage in (4) The effect of circumvention of uses of six classes of copyrighted works. noninfringing uses of copyrighted technological measures on the market EFFECTIVE DATE: July 27, 2010. works, such as fair use, subparagraph for or value of copyrighted works; and FOR FURTHER INFORMATION CONTACT: (B) limits this prohibition. It provides (5) Such other factors as the Librarian Robert Kasunic, Assistant General that the prohibition against considers appropriate. circumvention shall not apply to Counsel, and David O. Carson, General These factors to be considered in the persons who are users of a copyrighted Counsel, Copyright GC/I&R, P.O. Box rulemaking process require the Register work which is in a particular class of 70400, Washington, D.C. 20024. and the Librarian to carefully balance Telephone: (202) 707–8380. Telefax: works, if such persons are, or are likely to be in the succeeding three–year the availability of works for use, the (202) 707–8366. effect of the prohibition on particular SUPPLEMENTARY INFORMATION: In this period, adversely affected by virtue of such prohibition in their ability to make uses, and the effect of circumvention on notice, the Librarian of Congress, upon copyrighted works. the recommendation of the Register of noninfringing uses of that particular Copyrights, announces that the class of works under this title as C. The Purpose and Focus of the prohibition against circumvention of determined in a rulemaking. The Rulemaking proceeding is conducted by the Register technological measures that effectively 1. Purpose of the Rulemaking control access to copyrighted works of Copyrights, who is to provide notice shall not apply to persons who engage of the rulemaking, seek comments from The task of this rulemaking is to in noninfringing uses of six classes of the public, consult with the Assistant determine whether the availability and works. This announcement is the Secretary for Communications and use of access control measures has culmination of a rulemaking proceeding Information of the Department of already diminished or is about to commenced by the Register on October Commerce, and recommend final diminish the ability of the users of any 6, 2008. A more comprehensive regulations to the Librarian of Congress. particular classes of copyrighted works statement of the background and legal The regulations, to be issued by the to engage in noninfringing uses of those requirements of the rulemaking, a Librarian of Congress, announce ‘‘any works similar or analogous to those that discussion of the record and the class of copyrighted works for which the the public had traditionally been able to Register’s analysis may be found in the Librarian has determined, pursuant to make prior to the enactment of the Register’s memorandum to the Librarian the rulemaking conducted under DMCA. In examining the factors set of Congress dated June 11, 2010, which subparagraph (c), that noninfringing forth in Section 1201(a)(1)(C), the focus contains the full explanation of the uses by persons who are users of a is on whether the implementation of Register’s recommendation. A copy of copyrighted work are, or are likely to be, technological protection measures has the Register’s memorandum may be adversely affected, and the prohibition had an adverse impact on the ability of found at http://www.copyright.gov/ contained in subparagraph (A) shall not users to make lawful uses. 1201. This notice summarizes the apply to such users with respect to such 2. The Necessary Showing Register’s recommendation, announces class of works for the ensuing 3–year the Librarian’s determination, and period.’’ This is the fourth Section 1201 Proponents of a class of works have publishes the regulatory text codifying rulemaking. the burden of proof. In order to make a the six exempted classes of works. B. Responsibilities of Register of prima facie case for designation of a I. Background Copyrights and Librarian of Congress class of works, proponents must show The primary responsibility of the by a preponderance of the evidence that A. Legislative Requirements for Register and the Librarian in this there has been or is likely to be a Rulemaking Proceeding rulemaking proceeding was to assess substantial adverse effect on The Digital Millennium Copyright Act whether the implementation of access noninfringing uses by users of (‘‘DMCA’’) was enacted to implement control measures is diminishing the copyrighted works. De minimis certain provisions of the WIPO ability of individuals to use copyrighted problems, isolated harm or mere Copyright Treaty and WIPO works in ways that are not infringing inconveniences are insufficient to Performances and Phonograms Treaty. It and to designate any classes of works provide the necessary showing. established a wide range of rules that with respect to which users have been Similarly, for proof of ‘‘likely’’ adverse govern not only copyright owners in the adversely affected in their ability to effects on noninfringing uses, a marketplace for electronic commerce, make noninfringing uses. Congress proponent must prove by a but also consumers, manufacturers, intended that the Register solicit input preponderance of the evidence that the distributors, libraries, educators, and that would enable consideration of a harm alleged is more likely than not; a on–line service providers. It defined broad range of current or likely future proponent may not rely on speculation whether consumers and businesses may adverse impacts. The statute directs that alone to sustain a prima facie case of engage in certain conduct, or use certain in conducting the rulemaking, the likely adverse effects on noninfringing devices, in the course of transacting Register and the Librarian shall uses. It is also necessary to show a electronic commerce. examine: causal nexus between the prohibition on Chapter 12 of title 17 of the United (1) The availability for use of circumvention and the alleged harm. States Code prohibits circumvention of copyrighted works; Proposed classes are reviewed de certain technological measures (2) The availability for use of works novo. The existence of a previously employed by or on behalf of copyright for nonprofit archival, preservation, and designated class creates no presumption owners to protect their works (i.e., educational purposes; for consideration of a new class, but ‘‘access controls’’). Specifically, Section (3) The impact that the prohibition on rather the proponent of such a class of 1201(a)(1)(A) provides, in part, that no the circumvention of technological works must make a prima facie case in person shall circumvent a technological measures applied to copyrighted works each three–year period.

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3. Determination of ‘‘Class of Works’’ considered by the Register in forming classes of works to be exempt from the The starting point for any definition her recommendation. A discussion of prohibition for the ensuing three–year of a ‘‘particular class’’ of works in this NTIA’s substantive analysis of period by the Librarian of Congress. particular proposals is presented in the rulemaking must be one of the III. The Designated Classes categories of works set forth in section relevant sections of the Register’s 102 of the Copyright Act. However, recommendation. A. Motion pictures on DVDs that are those categories are only a starting point II. Solicitation of Public Comments and lawfully made and acquired and that and a ‘‘class’’ will generally constitute Hearings are protected by the Content some subset of a section 102 category. Scrambling System when On October 6, 2008, the Register circumvention is accomplished solely The determnation of the appropriate initiated this rulemaking proceeding scope of a ’’class of works’’; in order to accomplish the pursuant to Section 1201(a)(1)(C) with incorporation of short portions of recommended for exemption will also publication of a Notice of Inquiry. The take into account the likely adverse motion pictures into new works for the NOI requested written comments from purpose of criticism or comment, and effects on noninfringing uses and the all interested parties, including adverse effects that designation of the where the person engaging in representatives of copyright owners, circumvention believes and has class may have on the market for or educational institutions, libraries and value of copyrighted works. reasonable grounds for believing that archives, scholars, researchers, and circumvention is necessary to fulfill the While starting with a section 102 members of the public. category of works, or a subcategory purpose of the use in the following During the initial comment period instances: thereof, the description of a ‘‘particular that ended on December 2, 2008, the class’’of works ordinarily should be Copyright Office received nineteen • Educational uses by college and further refined by reference to other written comments proposing twenty– university professors and by college factors that assist in ensuring that the five classes of works, all of which were and university film and media studies scope of the class addresses the scope of posted on the Office’s website. Because students; the harm to noninfringing uses. For some of the initial comments contained • Documentary filmmaking; example, the class might be defined in similar or overlapping proposals, the • Noncommercial videos. part by reference to the medium on Copyright Office arranged related DVDs protected by the Content which the works are distributed, or even classes into groups, and set forth and Scrambling System (CSS) have been an to the access control measures applied summarized all proposed classes in a issue in this rulemaking proceeding to them. The description of a class of Notice of Proposed Rulemaking since its inception in 2000. In the 2006 works may also be refined, in (‘‘NPRM’’) published on December 29, rulemaking proceeding, the Librarian appropriate cases, by reference to the 2008. This NPRM did not present the designated a class of ‘‘[a]udiovisual type of user who may take advantage of initial classes in the form of proposed works included in the educational the designation of the class of works or rule, but merely as ‘‘a starting point for library of a college or university’s film by reference to the type of use of the further consideration.’’ or media studies department, when work that may be made pursuant to the The NPRM asked interested parties to circumvention is accomplished for the designation. The ‘‘class’’ must be submit comments providing support, purpose of making compilations of properly tailored not only to address the opposition, clarification, or correction portions of those works for educational harm demonstrated, but also to limit the regarding the proposals, and to provide use in the classroom by media studies adverse consequences that may result factual and/or legal arguments in or film professors.’’ from the creation of an exempted class. support of their positions. The In the current rulemaking, educators In every case, the contours of a ‘‘class’’ Copyright Office received a total of sought to renew and, in a number of will depend on the unique factual fifty–six responsive comments before ways, to expand the existing class of circumstances established in the the comment period closed on February works designated in the last proceeding. rulemaking record on a case–by–case 2, 2009, all of which were posted on the The proposed expansions of the class basis. Copyright Office website. involved extending the class to include Four days of public hearings were all of the motion pictures on CSS– D. Consultation with the Assistant conducted by the Register in May 2009 protected DVDs contained in a college Secretary for Communications and at Stanford University and the Library of or university library (rather than just a Information Congress. Thirty–seven witnesses, film or media studies department) and Section 1201(a)(1)(C) requires the representing proponents and opponents to encompass classroom use by all Register of Copyrights to consult with of proposed classes of works, testified college and university professors and the Assistant Secretary for on twenty–one proposed classes. students as well as elementary and Communications and Information of the Following the hearings, the Copyright secondary school teachers and students. Department of Commerce (who is also Office sent follow–up questions to some Apart from educators, others sought the Administrator of the National of the hearing witnesses, and responses designation of similar classes of works Telecommunications and Information were received during the summer. The to address what they contended are Administration) and report and entire record in this and the previous adverse impacts on their ability to comment on the views of the Assistant section 1201(a)(1)(C) rulemakings are engage in noninfringing uses of Secretary (‘‘NTIA’’) when she makes her available on the Office’s website, http:// copyrighted works. Documentary recommendation to the Librarian of www.copyright.gov/1201/index.html. filmmakers argued that the prohibition Congress. On October 27, 2009, the Librarian of on circumvention adversely affects their In addition to informal consultations Congress published in the Federal ability to use portions of motion throughout the course of the rulemaking Register a Notice of an interim rule, pictures in documentary films, many of proceeding, NTIA formally extending the existing classes of works which would qualify as noninfringing communicated its views in letters to the exempted from the prohibition until the uses for the purposes of criticism or Register on November 4, 2009, and conclusion of the current rulemaking comment. Creators of noncommercial April 16, 2010. NTIA’s views were proceeding and the designation of any videos that incorporate portions of

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motion pictures contained on CSS– the motion pictures. Because not all situations, users must make a reasonable protected DVDs also alleged that the uses by educators, documentary determination that heightened quality is prohibition on circumvention adversely filmmakers or makers of noncommerical necessary to achieve the desired goal. affected their ability to engage in videos will be noninfringing or will The justification for designating this noninfringing criticism or comment. require such high–quality copies, the class of works is that some criticism Based on the record in this class of works recommended by the and/or commentary requires the use of proceeding, the Register determines that Register is not as extensive as what was high–quality portions of motion pictures CSS is a technological measure that requested by some proponents, and the in order to adequately present the protects access to copyrighted motion class contains some limitations. First, speech–related purpose of the use. pictures. She also determined that a proponents for educators failed to Where alternatives to circumvention can substantial number of uses in the record demonstrate that high–quality be used to achieve the noninfringing with respect to education, documentary resolution film clips are necessary for purpose, such non–circumventing filmmaking, and noncommercial videos K–12 teachers and students, or for alternatives should be used. Thus, this qualify as noninfringing uses. college and university students other limitation seeks to avoid an overly NTIA supports expansion of the than film and media studies students. broad class of works given the limited existing class of audiovisual works to Because other means, such as the use of number of uses that may require include all college and university level screen capture software, exist that circumvention to achieve the intended instructors and students but does not permit the making of lower–quality film noninfringing end. believe the record justifies an expansion clips without circumventing access The class has also been limited to that would include elementary and controls, the Register finds no include only motion pictures rather secondary school teachers and students. justification in the record for expanding than all audiovisual works. Because NTIA also recommended limiting the the class of works to include such there was no evidence presented that class to address the use of DVDs persons as express beneficiaries of the addressed any audiovisual works other included in the educational library or designation of this class of works. than motion pictures, there was no basis departments of the academic Second, the circumvention of access for including the somewhat broader institutions. It also supported the controls must be accomplished solely in class of audiovisual works (which proposal to designate a class of works order to enable incorporation of short includes not only motion pictures, but for the benefit of documentary portions of motion pictures into new also works such as video games and filmmakers. Finally, it expressed general works for purposes of criticism of slide presentations). support for the request to designate a comment. The justification offered by B. Computer programs that enable class that would permit extraction of proponents for designating a class of wireless telephone handsets to execute film clips for use in noncommercial audiovisual works, and a key element of software applications, where videos, but suggested a requirement that the Register’s conclusion that the circumvention is accomplished for the the clips from the audiovisual work intended uses will frequently be sole purpose of enabling must be for remix videos that are used noninfringing fair uses, was that the interoperability of such applications, for social comment or criticism, or that uses that justify designation of the class when they have been lawfully obtained, are used in transformative–type works were for purposes of criticism and with computer programs on the according to established fair use commentary, which are classic ‘‘fair use’’ telephone handset. principles. purposes. Moreover, all of the evidence Given that all of these proposed in the rulemaking demonstrating The Electronic Frontier Foundation classes at issue involved motion noninfringing uses involved the use of (EFF) proposed a class that would allow pictures on CSS–protected DVDs, the short portions of motion pictures. While circumvention of the technological Register recommends that the Librarian the Register is persuaded that it would measures contained on certain wireless designate a single class addressing all of be difficult and imprudent to quantify phone handsets (known as these adversely affected uses of DVDs. the precise contours of what constitutes ‘‘smartphones’’) that prevent third–party However, the Register concludes that a ‘‘short portion,’’ there was no evidence software applications from being the record does not support all of the in the record to support the conclusion installed and run on such phones. This proposed expansions of the existing that anything more than incorporating circumvention activity is colloquially class of audiovisual works and that in relatively short portions of motion referred to as ‘‘jailbreaking’’ a phone. at least one respect, the record pictures into a new work for purposes The factual record with respect to this supported a contraction of that class. of criticism or commentary would be a proposed class focused primarily on What the record does demonstrate is fair use. Similarly, in order to meet the Apple’s iPhone, although there are that college and university educators, requirements of the designated class of allegations in the record involving other college and university film and media works, a new work must be created, mobile phone manufacturers as well. studies students, documentary whether that work is a compilation of EFF asserted, and Apple’s testimony filmmakers, and creators of clips for use in the classroom, or a confirmed, that any software or noncommercial videos frequently make documentary or video incorporating a application to be used on the iPhone and use short film clips from motion clip or clips from a copyrighted motion must be validated with the firmware pictures to engage in criticism or picture. that controls the iPhone’s operation. commentary about those motion The final requirement of the This validation process is intended to pictures, and that in many cases it is recommended class is that the person make it impossible for an owner of an necessary to be able to make and engaging in the circumvention must iPhone to install and use third–party incorporate high–quality film clips in reasonably believe that the applications on the iPhone that have not order effectively to engage in such circumvention is necessary in order to been approved for distribution through criticism or commentary. In such cases, fulfill the purpose of the use – i.e., the Apple’s iTunes App Store. it will be difficult or impossible to noninfringing criticism or commentary. EFF argued that jailbreaking is a engage in the noninfringing use without Because alternatives to circumvention noninfringing activity for three reasons. circumventing CSS in order to make such as video capture may suffice in First, it alleged that at least in some high–quality copies of short portions of many, and perhaps the vast majority of cases, jailbreaking can be done within

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the scope of what is authorized under firmware) for purposes of § 1201(a)(1). exploitation of the firmware, at least not the license Apple grants to every iPhone Moreover, the Register finds that the when the jailbreaking is done for the user. It stated that ‘‘[t]o the extent a evidence supports the contention that a user’s own private use of the device. jailbreaking technique does not modify technological protection measure is The fact that the person engaging in any of the individual software programs adversely affecting adding applications jailbreaking is doing so in order to use that comprise the iPhone firmware to the iPhone. The critical question is Apple’s firmware on the device that it collection, but instead simply adds whether jailbreaking an iPhone in order was designed to operate, which the additional software components to the to add applications to the phone jailbreaking user owns, and to use it for collection, the practice may not exceed constitutes a noninfringing use. precisely the purpose for which it was the scope of the license to ‘use the The Register does not find that the designed (but for the fact that it has iPhone software’ or constitute a contract between Apple and purchasers been modified to run applications not ‘modification’ of any Apple software of the iPhone authorize modification of approved by Apple) favors a finding that components, any more than the addition the iPhone. Moreover, the Register the purpose and character of the use is of a new printer driver to a computer cannot clearly determine whether the innocuous at worst and beneficial at constitutes a ‘modification’ of the various versions of the iPhone contracts best. Apple’s objections to the operating system already installed on with consumers constituted a sale or installation and use of ‘‘unapproved’’ the computer.’’ license of a copy of the computer applications appears to have nothing to Second, EFF asserted that ‘‘to the programs contained on the iPhone. The do with its interests as the owner of extent a jailbreak technique requires the contractual language is unclear with copyrights in the computer programs reproduction or adaptation of existing respect to particular copies of the embodied in the iPhone, and running firmware beyond the scope of any computer programs. Although Apple the unapproved applications has no license or other authorization by the retains ownership of the computer adverse effect on those interests. Rather, copyright owner, it would fall within programs, the contracts also expressly Apple’s objections relate to its interests the ambit of 17 U.S.C. § 1l7(a).’’ EFF grant users ownership of the device. as a manufacturer and distributor of a contended that the iPhone owner is also Since the ‘‘copy’’ of the computer device, the iPhone. the owner of the copy of the firmware program is fixed in hardware of the Moreover, Congress has determined on the iPhone and that jailbreaking falls device, it is unclear what ownership that reverse engineering for the purpose within the owner’s privilege ‘‘to adapt status is to be given to the particular of making computer programs those copies to add new capabilities, so copy of the computer program interoperable is desirable when certain long as the changes do not ‘‘harm the contained in the device. Apple conditions are met, and has crafted a interests of the copyright proprietor.’’ unquestionably has retained ownership specific exemption from Section Finally, EFF contended that in any of the intangible works, but the 1201(a)’s prohibition on circumvention event, jailbreaking constitutes fair use of ownership of the particular copies of in such cases. While an iPhone owner the firmware because jailbreaking is a those works is unclear. who ‘‘jailbreaks’’ does not fall within the purely noncommercial, private use of Moreover, the state of the law with four corners of the statutory exemption computer software, a largely functional respect to the determination of in Section 1201(f), the fact that he or she work that operates the phone, and that ownership is in a state of flux in the is engaging in jailbreaking in order to the phone owner must reuse the vast courts. Both proponents and opponents make the iPhone’s firmware majority of the original firmware in cited case law in support of their interoperable with an application order for the phone to operate. Because respective positions, but the Register specially created for the iPhone suggests the phone owner is simply modifying finds it impossible to determine how a that the purpose and character of the the firmware for her own use on the court would resolve the issue of use are favored. phone, there is no harm to the market ownership on the facts presented here. Turning to the second fair use factor, for the firmware. While both parties agreed that the it is customary for operating systems – Apple responded that jailbreaking by Second Circuit’s decision in Krause v. functional works – to enable third party purchasers of the iPhone is a violation Titleserv, 402 F.3d 119 (2d Cir. 2005) is programs to interoperate with them. It of the prohibition against circumvention ‘‘good law,’’ that case dealt with a does not and should not infringe any of of access controls. It stated that its situation that is distinguishable in many the exclusive rights of the copyright validation system is necessary to protect respects from the present situation. The owner to run an application program on consumers and Apple from harm. Apple Register finds that the Krause case does a computer over the objections of the further contended that modifying not provide clear guidance as to how owner of the copyright in the Apple’s operating system constituted resolve the current issue. computer’s operating system. Thus, if the creation of an infringing derivative However, the Register does find that Apple sought to restrict the computer work. Specifically, Apple argued that the proponent’s fair use argument is programs that could be run on its because purchasers of an iPhone are compelling and consistent with the computers, there would be no basis for licensees, not owners, of the computer congressional interest in copyright law to assist Apple in programs contained on the iPhone, interoperability. The four fair use factors protecting its restrictive business model. Section 117 of the Copyright Act is tend to weigh in favor of a finding of fair The second factor decisively favors a inapplicable as an exemption to the use. finding of fair use. adaptation right. Apple further argued Under the first factor in Section 107, Turning to the third factor, ‘‘the that the fair use defense codified in it appears fair to say that the purpose amount and substantiality of the portion § 107 would not apply to jailbreaking and character of the modification of the used in relation to the copyrighted work activity under the statutory factors. operating system is to engage in a as a whole,’’ EFF admitted that because Based on the record, the Register has private, noncommercial use intended to the Apple firmware is necessary in determined that the encryption and add functionality to a device owned by order to operate the iPhone, it is authentication processes on the the person making the modification, necessary for individuals who jailbreak iPhone’s computer programs are albeit beyond what Apple has their phones to reuse the vast majority technological measures that control determined to be acceptable. The user is of the original firmware. However, the access to the copyrighted work (the not engaging in any commercial amount of the copyrighted work

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modified in a typical jailbreaking to policy judgments made at those C. Computer programs, in the form of scenario is fewer than 50 bytes of code agencies. firmware or software, that enable used out of more than 8 million bytes, or The Register appreciates that many wireless telephone handsets to connect approximately 1/160,000 of the regulatory and policy issues pertaining to a wireless telecommunications copyrighted work as a whole. Where the to jailbreaking and smartphones fall network, when circumvention is alleged infringement consists of the initiated by the owner of the copy of the within the competence of other making of an unauthorized derivative computer program solely in order to agencies, and the Register has no desire work, and the only modifications are so connect to a wireless de minimis, the fact that iPhone users to interfere with those agencies’ telecommunications network and are using almost the entire iPhone jurisdiction. However, the only question access to the network is authorized by firmware for the purpose for which it before the Register and the Librarian is the operator of the network. was provided to them by Apple whether Section 1201(a)(1)’s prohibition In 2006, the Librarian designated a undermines the significance of this on circumvention is adversely affecting class of ‘‘Computer programs in the form factor. While the third factor arguably the ability of users of smartphones from of firmware that enable wireless disfavors a fair use finding, the weight engaging in noninfringing uses of the telephone handsets to connect to a to be given to it under the circumstances firmware on their devices. No other wireless telephone communication is slight. agency has the power to limit the network, when circumvention is Addressing the fourth factor, ‘‘the application of the prohibition on effect of the use upon the potential accomplished for the sole purpose of circumvention in this (or any other) lawfully connecting to a wireless market for or value of the copyrighted context. Any future action by a federal work,’’ EFF asserted that the firmware telephone communication network,’’ in agency to permit jailbreaking will be order to permit the circumvention of has no independent economic value, futile without an exemption from pointing out that the iPhone firmware is access controls that prevent the owner liability under Section 1201(a)(1), but if of a cellphone from switching service on not sold separately, but is simply a class is not designated in this included when one purchases an that cellphone to another wireless rulemaking, all that it will mean is that iPhone. EFF also argued that the ability communication network. The access to lawfully jailbreak a phone will Section 1201 cannot be used to prevent controls in question are embedded in increase, not decrease, overall sales of jailbreaking, without prejudice to any the mobile phone’s firmware or software the phones because users will know that other legal or regulatory authority that and prevent the mobile phone owner by jailbreaking, they can ‘‘take advantage might limit or prohibit jailbreaking. from gaining access to the settings that of a wider array of third party On balance, the Register concludes connect the mobile phone to a network applications. that when one jailbreaks a smartphone (e.g., Verizon’s) other than the original Apple responded that unauthorized in order to make the operating system network (e.g., AT&T’s). Beneficiaries of uses diminish the value of the on that phone interoperable with an that designation have now requested that the Librarian again designate a copyrighted works to Apple. However, independently created application that similar class of works. Representatives Apple is not concerned that the practice has not been approved by the maker of of wireless communication networks of jailbreaking will displace sales of its the smartphone or the maker of its firmware or of iPhones; indeed, since have opposed the request. operating system, the modifications that one cannot engage in that practice As she did three years ago, the are made purely for the purpose of such unless one has acquired an iPhone, it Register recognizes that the requests fall would be difficult to make that interoperability are fair uses. Case law within the zone of interest subject to argument. Rather, the harm that Apple and Congressional enactments reflect a this rulemaking. That is, circumventing fears is harm to its reputation. Apple is judgment that interoperability is a mobile phone lock, without the concerned that jailbreaking will breach favored. The Register also finds that authority of the copyright owner, to gain the integrity of the iPhone’s designating a class of works that would access to the protected work (i.e., the ‘‘ecosystem.’’ The Register concludes permit jailbreaking for purposes of firmware) is likely actionable under that such alleged adverse effects are not interoperability will not adversely affect Section 1201(a)(1) of the Act. Further, a in the nature of the harm that the fourth the market for or value of the wireless carrier who is harmed by the fair use factor is intended to address. copyrighted works to the copyright circumvention of the software lock may NTIA does not support designating owner. bring an action for violation of Section the proposed class. While Accordingly, the Register 1201(a)(1) against anyone who acknowledging that permitting iPhone circumvents such a technological recommends that the Librarian jailbreaking could facilitate innovation, protection measure. designate the following class of works: better serve customers, and encourage The proponents of this class have the market to utilize open platforms, Computer programs that enable wireless presented a prima facie case that the NTIA believes ‘‘it might just as likely communication handsets to execute prohibition on circumvention has had deter innovation by not allowing the software applications, where an adverse effect on noninfringing uses developer to recoup its development circumvention is accomplished for the of firmware on wireless telephone costs and to be rewarded for its sole purpose of enabling interoperability handsets. Proponents have shown that innovation.’’ NTIA also believes that the of such applications, when they have mobile phone locks prevent consumers proponents’ ‘‘public policy’’ arguments been lawfully obtained, with computer from legally accessing alternative should properly be considered by expert programs on the telephone handset. wireless networks with the phone of regulatory agencies, the Department of their choice. This is the same type of Justice, and the Congress. It concludes activity that was at issue when the that the ‘‘Register ought only to consider existing class of works was being recommending the proposed class if she considered in 2006. concludes that the access control The wireless networks asserted that measure would be a bar to actions that by using a cellphone on another the above bodies might take in response network, an act that is not authorized

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under their contracts, the customers have made a case that many mobile in favor of or against designation of the infringe the exclusive right to reproduce phone owners may not own the proposed class of works. Moreover, copies of the computer software, computer program copies because the because it appears that the opposition to because use of the mobile phones wireless network’s contract with the designating the proposed class is based necessarily involves the making of consumer retains ownership of the primarily on the desires of wireless copies in the random access memory of copies, they have not presented carriers to preserve an existing business the mobile phone. Moreover, they evidence that this is always the case model that has little if anything to do asserted that the alteration of the even if their interpretation of the law with protecting works of authorship, it computer programs in order enable the governing ownership is correct. The is appropriate to address the additional mobile phones to connect to another record therefore leads to the conclusion factor (‘‘such other factors as the network constituted the unlawful that a substantial portion of mobile Librarian considers appropriate’’) set making of derivative works, in violation phone owners also own the copies of forth in Section 1201(a)(1)(C)(v). It of the copyright owner’s exclusive right the software on their phones. seems clear that the primary purpose of to prepare derivative works. The Register also concludes that when the locks is to keep consumers bound to Proponents of the class asserted that the owner of a mobile makes RAM their existing networks, rather than to the owners of mobile phones are also copies of the software in order to protect the rights of copyright owners in the owners of the copies of the operate the phone – even if she is their capacity as copyright owners. This computer programs on those phones operating it on another network – she is observation is not a criticism of the and that as owners they are entitled to making a noninfringing use of the mobile phone industry’s business plans exercise their privileges under Section software under Section 117 because the and practices, which may well be 117 of the Copyright Act, which gives making of that copy is an essential step justified for reasons having nothing to the owner of a copy of a computer in the utilization of that software in do with copyright law and policy, but program the privilege to make or conjunction with a machine. simply a recognition of existing authorize the making of another copy or Similarly, the making of circumstances. Because there appear to adaptation of that computer program modifications in the computer program be no copyright–based reasons why under certain circumstances. The in order to enable the mobile phone to circumvention under these wireless networks responded that their operate on another network would be a circumstances should not be permitted, contracts with their customers restrict noninfringing act under Section 117. As the Register recommends that the the uses of the customers’ mobile a general rule, anyone who wishes to Librarian designate a class of works phones and retain ownership of the switch her mobile phone from one similar to the class designated in 2006. copies of the computer programs that network to another must alter some The Register notes that the 2006 class, are loaded onto the mobile phones and information embedded in the device. and the new one designated herein, are enable the phones to operate. They also However, in a substantial number of both narrow, apply only to claims under asserted those contractual restrictions cases those alterations do not appear to Section 1201(a)(1), and do not establish make the networks – and not the implicate Section 117 because the a general federal policy of ensuring that customers – the owners of the copies of elimination and insertion of codes or customers have the freedom to switch the computer programs, and therefore digits, or completely reflashing a phone, wireless communications service the privilege under Section 117 to make cannot be considered an infringement of providers. The designated classes, both copies and adaptations of computer the computer program controlling the new and old, simply reflect a programs does not apply because that device. When specific codes or digits conclusion that unlocking a mobile privilege is enjoyed only by the owner are altered to identify the new network phone to be used on another wireless of the copy of the computer program. to which the phone will connect, those network does not ordinarily constitute They also argued that the privilege does minor alterations of data also do not copyright infringement and that Section not extend to the customers’ conduct implicate any of the exclusive rights of 1201(a)(1), a statute intended to protect because the making of a new copy or copyright owners. And complete copyright interests, should not be used adaptation in order to use the mobile reflashing does not even constitute to prevent mobile phone owners from phone on a network other than the circumvention of an access control engaging in such noninfringing activity. original network is not, as the statute because it actually deletes the copy of NTIA supported designation of a class requires, ‘‘an essential step in the the entire work that had been protected similar to the class designated in 2006, utilization of the computer program in by the access control, thereby but proposed that while non–profit conjunction with a machine.‘‘ permanently denying access to that entities should be permitted to take The Register has reviewed the work. advantage of the exemption, commercial appropriate case law with respect to In those cases where more substantial users should not. The Register’s who is the ‘‘owner’’ of a copy of a changes must be made to the computer recommendation, in contrast, would computer program for purposes of program in order to enable use of the permit some commercial activity, so Section 117 when a license or mobile phone on another network, those long as it (1) involves only used agreement imposes restrictions on the changes might implicate the exclusive handsets, (2) is done by the owner of the use of the computer program and has right to prepare derivative works. copy of the computer program, and (3) concluded that the state of the law is However, those changes would be is done ‘‘solely in order to access such unclear. The Register cannot determine privileged under Section 117, which a wireless telecommunications network whether most mobile phone owners are permits the making of ‘‘a new copy or and access to the network is authorized also the owners of the copies of the adaptation’’ that is created as an by the operator of the network.’’ The computer programs on their mobile essential step in the utilization of the Register believes that these limitations phones. However, based on the record computer program in conjunction with ensure that the designation of this class in this proceeding, the Register finds a machine. will not benefit those who engage in the that the proponents of the class have Section 1201(a)(1)(C) factors. As was type of commercial activity that is at the made a prima facie case that mobile the case in 2006, the Register finds that heart of the objections of opponents of phone owners are the owners of those the four factors enumerated in Section the proposed class: the ‘‘bulk resellers’’ copies. While the wireless networks 1201(a)(1)(C)(i)–(iv) do not weigh either who purchase new mobile phone

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handsets at subsidized prices and, D. Video games accessible on personal two types of access controls applied to without actually using them on the computers and protected by video games: Macrovision’s SafeDisc networks of the carriers who market technological protection measures that software and Sony’s SecuRom software. those handsets, resell them for profit. control access to lawfully obtained Halderman asserted that the measures The type of commercial activity that works, when circumvention is constitute access controls because, in would be permitted would be the resale accomplished solely for the purpose of both cases, the measures authenticate of used handsets after the owners of the good faith testing for, investigating, or discs and enforce access policies. handsets have used them and then given correcting security flaws or The alleged underlying noninfringing use involved is two–fold. First, or sold them to somebody else, who vulnerabilities, if: purchasers of video games (including then resells them just as a used •The information derived from the researchers) are engaged in security testing is used primarily to bookstore sells used books. The Register noninfringing use when they install, acknowledges that NTIA’s general view promote the security of the owner or access, and play authorized copies of that the class should not extend to any operator of a computer, computer such video games while further seeking commercial activity is inconsistent with system, or computer network; and to protect the security of their •The information derived from the aspects of the Register’s computers. Second, researchers in recommendation, but believes that to security testing is used or maintained in lawful possession of copies of games are the extent her recommendation goes a manner that does not facilitate engaged in noninfringing uses when beyond what NTIA was willing to copyright infringement or a violation of they seek solely to research and endorse, it does so in a way that, in applicable law. investigate whether a video game, or the Professor J. Alex Halderman proposed NTIA’s words, ‘‘prevents unlawful use technological measure protecting it, two classes of works relating to by those that would misuse the creates security vulnerabilities or flaws. investigating and correcting security exemption for commercial purposes.’’ Professor Halderman asserted that such flaws or vulnerabilities created or good faith research that does not cause However, the applicability of the exploited by technological measures or promote infringement generally proposed class to commercial recyclers, protecting certain kinds of works. The constitutes fair use. such as the ones who had proposed the Register concludes that Halderman has Halderman alleged that SecuROM original class of works, is limited. When made the case for a class pertaining to may create security flaws or the commercial recycler has made a video games, but has not made the case vulnerabilities. He referred to a number derivative work that is within Section for a broader class pertaining to literary of articles and class action lawsuits 117’s privilege for making ‘‘adaptations,’’ works, sound recordings and suggesting that SecuROM may contain the recycler is subject to a significant audiovisual works. flaws or cause vulnerabilities. He limitation contained within Section 117: In each case, Halderman qualified the further stated that a single definitive such adaptations may be transferred scope of the proposed class by scientific study might quell the ‘‘panic, only with the authorization of the restricting it to (1) lawfully obtained protests, and litigation’’ to ‘‘what may copyright owner. Thus, a recycler who works protected by access control turn out to be nonexistent or easily prepares such an adaptation may not measures that create or exploit security reparable faults.’’ transfer ownership of the copy of the flaws or vulnerabilities that compromise Halderman also alleged that harm is the security of personal computers, and adapted computer program to anybody caused by Macrovision’s SafeDisc. He (2) cases where circumvention is else without the authorization of the alleged that SafeDisc was pre–installed accomplished solely for the purpose of ‘‘ copyright owner. On the other hand, a on nearly every copy of the Microsoft good faith testing, investigating, or Windows XP and Windows 2003 recycler who has not prepared an correcting such security flaws or operating systems, [and that] the adaptation is free to resell the mobile vulnerabilities. vulnerability affected nearly one billion phone along with the copy of the In the current proceeding, Halderman PCs, two thousand times more than the computer program contained within it. did not present any evidence that the [Sony] rootkit,’’‘‘ the security The new class is also cabined by prohibition on circumvention is vulnerability that serviced as the factual existing law in two important respects. adversely affecting or is likely, in the basis for designating a class in the last First, as with any regulation under next three years, to adversely affect the rulemaking. He claimed that the Section 1201(a)(1)(C) and (D), the ability to engage in noninfringing uses security flaw created by SafeDisc was designation of this class offers no safe of sound recordings or audiovisual much more dangerous than the Sony harbor from liability under Section works, or of literary works except to the rootkit flaw involved in the previous 1201(a)(2) which strictly prohibits an extent that video games may be rulemaking that concluded in 2006, entity from offering a circumvention considered, in part, to constitute because this flaw allowed attackers to service. Second, a wireless carrier’s audiovisual works associated with such execute unrestricted ‘kernel–level’ code ‘‘Terms of Purchase’’ and ‘‘Terms of sound recordings. There is no and read or write to any area of the hard information in the record that would Service’’, which are binding contracts, disk or memory of the PC, thus justify again exempting the class still impose use restrictions on facilitating the complete compromise of designated three years ago. the security of the PC. consumers notwithstanding the However, Halderman did present Opponents raised three principal designation of this class. However, the evidence and legal analysis in support arguments against Halderman’s wireless carrier must seek a remedy by of a class of works limited to video proposal. First, they argued that he asserting a claim of breach of contract, games. Under Section 102(a) of the provided little concrete or documented and not a claim under Section Copyright Act, video games are ‘‘hybrid’’ evidence that any security flaws or 1201(a)(1). in that they fall within two statutory vulnerabilities associated with access classes of works. Video games typically control mechanisms used in connection are, in part, computer programs, which with video games exist. Second, they are a subset of the statutory category of argued that there is no evidence that ‘‘literary works.’’ The evidence related to research has been chilled, pointing to

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what they called a robust ecosystem SafeDisc was pre–loaded on nearly and a requirement that that information within which security experts routinely every copy of Microsoft’s Windows XP be used or maintained in a manner that identify such flaws, collaborate on and Windows 2003 operating systems does not facilitate copyright remedies, and disseminate information and was on the market for over six years infringement or a violation of applicable to alert computer users of the problems before a security researcher discovered law. and them to solutions. Third, they malware exploiting the security. The E. Computer programs protected by argued that Professor Halderman failed vulnerability had the capacity to affect dongles that prevent access due to to establish that the conduct at issue is nearly one billion PCs. malfunction or damage and which are prohibited by Section 1201(a)(1), since a The record supports the conclusion obsolete. A dongle shall be considered statutory exemption (in particular, 17 that since the 2006 rulemaking, obsolete if it is no longer manufactured U.S.C. 1201(j) might apply to the substantial vulnerabilities have existed or if a replacement or repair is no security research. with respect to video games – certainly NTIA has advised the Register that he with respect to SafeDisc and possibly longer reasonably available in the believes the record supports designating with respect to SecuROM. Within the commercial marketplace. the requested class relating to video same class of works, security Three years ago, the Librarian games and other works accessible on researchers have proposed investigation designated the above–referenced class of personal computers. NTIA believed that of unconfirmed allegations of security works, which is similar to classes of the proponents have ‘‘persuasively vulnerabilities on another technological works designated in each of the argued that without a research protection measure (SecureROM) that previous rulemakings. In the current exemption, research into all current and protects access, but have expressed proceeding the proponent of that class, future vulnerabilities will be and is unwillingness to do so without clear Joseph V. Montoro, Jr., on behalf of chilled now,’’ and concurred with the legal authority. Aggregating the Spectrum Software, Inc., has proposed Librarian’s conclusion in 2006 that the evidentiary record, the proponents have an expanded class of works related to research may not be covered completely shown that they need to be able to fix dongles. Dongles are a type of hardware by the existing statutory exemptions. flaws that are identified in this class of that attach to either the printer port or NTIA further believes that although the works and they need to be able to the USB port of a computer in order to Sony Rootkit vulnerability no longer investigate other alleged security make secured software function. exists, ‘‘it seems to be a certainty that vulnerabilities in this class. Montoro stated that dongles are sold new vulnerabilities will emerge in the Opponents argued that there may be along with certain types of software and next three years.’’ no need to designate a class in this are necessary for the user to access that Overall, the Register has concluded proceeding because circumvention may software on a computer. He further that the factors set forth in 17 U.S.C. 107 already be excused pursuant to Section explained that in order for the dongle to tend to strongly support a finding that 1201(j), which provides an exemption operate properly, the operating system such good faith research constitutes fair for security testing. However, the must support the hardware and the use. The socially productive purpose of Register has concluded, as she did three required device driver must be installed. investigating computer security and years ago, that it is unclear whether Montoro submitted that there are four informing the public do not involve use Section 1201(j) applies in cases where situations where an exemption is of the creative aspects of the work and the person engaging in security testing necessary to rectify actual harm: (1) are unlikely to have an adverse effect on is not seeking to gain access to, in the when dongles become obsolete; (2) the market for or value of the words of Section 1201(j), ‘‘a computer, when dongles fail; (3) where there are copyrighted work itself. The proponents computer system, or computer incompatibilities between the dongle established an underlying noninfringing network.’’ Therefore, it is appropriate to and the operating system, and (4) where use. designate a class of works in this there are incompatibilities between the The next question is whether the proceeding. dongle and certain hardware. Montoro prohibition is causing an adverse effect Section 1201(j) does, however, had stressed that his proposal is as on such noninfringing uses. The record influence both the decision to much about the computer ecosystem as is essentially limited to SecuRom and recommend designation of a class and it is about dongles, in particular. He said SafeDisc. The evidence relating to the decision on how to fashion the class. that it is important to realize that the SecuRom tends to be highly speculative, Section 1201(j) is evidence of Congress’s dongle, the operating system software but Professor Halderman asserted that general concern to permit and the computer hardware work in ‘‘this situation has been crying out for an circumvention under appropriate tandem and that the proposed class investigation by reputable security circumstances for purposes of security necessarily covers all of these parts. researchers in order to rigorously testing, and it also is evidence of the Representatives of the computer determine the nature of the problem that conditions Congress believes should be software industry stated that they do not this system cause[s], and dispel this imposed on those who take advantage of oppose renewing the existing class of uncertainty about exactly what’s going an exemption for security testing. works, but object to expanding it on.’’ He believed that the prohibition on Accordingly the Register recommends beyond its current terms. circumvention is at least in part to that the Librarian designate a class of As in 2006, the Register finds that the blame for the lack of rigorous, video games protected by access case has been made for designation of a independent analysis. controls, when circumvention is done class of works protected by dongles. In contrast to SecuROM, SafeDisc has for the purpose of good faith testing for, Montoro has effectively met his burden created a verifiable security investigating, or correcting security of proof for a class relating to dongles vulnerability on a large number of flaws or vulnerabilities. Further that are malfunctioning or damaged and computers. Opponents of the proposed refinements to the class include a that are obsolete, a point on which there class did not dispute that SafeDisc requirement that the information is no disagreement in the record. When created a security vulnerability, but they derived from the testing be used the dongle no longer functions and is argued that the security flaw was primarily to promote the security of the obsolete, there is a substantial adverse patched by Microsoft in 2007, without owner or operator of a computer, effect on noninfringing uses because the need of an exemption. However, computer system, or computer network; there is no other means to access the

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lawfully acquired software. When a IV. Other Classes Considered, but Not The Motion Picture Association of dongle malfunctions or becomes Recommended America, Time Warner, and a coalition of copyright industry trade associations obsolete, a person lawfully entitled to A. Subscription based services that (the ‘‘Joint Creators’’) opposed these access the software should be able to offer DRM–protected streaming video requests. NTIA has advised that it rely on self–help if remedial measures where the provider has only made believes that the record does not are not reasonably available in the available players for a limited number support granting the requests. commercial marketplace. Moreover, the of platforms, effectively creating an record reveals no evidence of harm to The proponents of both classes of access control that requires a specific works sought to circumvent the access the market for, or value of, copyrighted operating system version and/or set of controls because, they contended, it is works protected by dongles since the hardware to view purchased material; too expensive to acquire the hardware designation of the original class of and Motion pictures protected by anti– and software with the minimum works in 2000. access measures, such that access to the requirements necessary to view motion The class, however, should not motion picture content requires use of pictures on the distribution mechanism include cases where a replacement a certain platform. of their choice. They also argued that dongle is reasonably available or can be Two proposals sought designation of there are no reasonable, noninfringing easily repaired. Some copyright owners classes of works that would allow alternatives to circumvention for those legitimately use dongles to control circumvention of technological wishing to engage in the activity access to a computer program by protection measures in order to provide affected by these platform requirements. unauthorized users and are entitled to access to motion pictures on platforms Similar classes to those proposed by the full benefit of the prohibition as long other than those authorized by content Carney and Rizik have been requested as reasonable accommodations are providers or their licensees. and denied in the past three Megan Carney proposed a class of rulemakings. Although the streaming offered for malfunctioning or damaged works in order to allow circumvention video proposal presents a new factual dongles. Montoro has not demonstrated of DRM–protected streaming videos situation, the Register concludes that that the standard previously applied – offered by subscription based services, the legal arguments are fundamentally reasonably available in the marketplace where the provider has made players similar to the proposals relating to the – is insufficient to meet the needs of available only for a limited number of viewing of DVDs on computers with users of copyrighted works whose platforms. She argued that this Linux operating systems that were dongles malfunction or are damaged. restriction of viewing options effectively advanced in the previous three Montoro also argues that the current constitutes an access control by rulemakings, when those proposals class should be expanded to reach requiring a specific operating system were rejected. Likewise, arguments for situations involving incompatibility version and/or set of hardware to view the streaming video and Linux classes between the dongle and a new or purchased material. She sought to use fail for fundamentally the same reasons ‘‘ ’’ upgraded version of an operating Netflix’s Watch Instantly streaming as the earlier Linux proposals, and the video feature, which installs digital system. The Register finds that he has Register cannot recommend that the rights management and runs only on failed to submit cogent evidence to Librarian designate either of these certain platforms of computer software proposed classes of works. support an expanded class in this and hardware. ‘‘Watch Instantly’’ is In these rulemakings, proposed context. A sufficient record would included, at no charge, in the monthly classes have regularly been rejected in require more detail about the precise Netflix membership, but Carney said cases where a user who wished to cause of the problems, the scope of the that she is unable to use it because she engage in a noninfringing use of a work problem, and the noninfringing means does not own a computer that operates using a particular device already had available to resolve the problem. on a compatible platform (PCs running the ability lawfully to engage in the The evidence presented in the record Windows or Apple computers with Intel same noninfringing use of the work also does not support Montoro’s request chips). Carney proposed that the using a different device. The same to expand the class in relation to Librarian designate a class or works in principle applies here. Alternative obsolete hardware, specifically parallel order to allow a user in her situation to means exist to gain access to and view ports on computers. While it appears to create a separate program to circumvent the motion pictures that Carney and be the case that parallel ports may be the DRM on the streaming service Rizik wish to view after circumventing obsolescent, there is insufficient system in order to view streaming video access controls. In any event, it is content made available by Netflix. unclear from the record regarding evidence in the record to support the Another proponent, Mark Rizik, streaming videos what is actually conclusion that parallel ports are proposed a class of works to allow the prohibiting Carney from being able to currently, or in the next three years will circumvention of motion pictures on access the Netflix ‘‘Watch Instantly’’ be, obsolete. In order to make a case for DVDs protected by the CSS access feature and, in particular, whether the an expanded class in relation to obsolete control system, which requires the use technological issue is centered around hardware, Montoro would have to of a certain platform for access. an access control. It cannot be discerned demonstrate that the hardware is, or is Specifically, Rizik would like to view, from the record whether Carney cannot likely to be, obsolete in the next three on a Linux–based computer that does gain access due to digital rights year period (either as a pre–installed not have a CSS–licensed video player, management or due to software and/or item or as an optional configuration), DVDs that are only viewable on CSS– hardware incompatibility. that the unavailability of this obsolete licensed players. Rizik sought Regarding DVD circumvention, many hardware would adversely affect designation of a class in order to permit operating systems on the market enable noninfringing uses, and that copyright the creation of an unencrypted digital authorized access to the works owners are not meeting the legitimate copy of the DVD by decrypting and contained on CSS–protected DVDs. needs of existing users. extracting contents of DVDs for personal Moreover, CSS–compatible DVD players viewing purposes on Linux operating are in fact available for some Linux systems. systems.

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Further, many alternatives exist for place and access for the user will be cease to operate or abandon their both Carney and Rizik, including other denied. authenticating server system cause their streaming video alternatives and online Joint Creators and Time Warner customers to lose full, and often any, content download sites. There are many opposed Soghoian’s requests, and NTIA access to, and thus use of, their lawfully reasonably–priced alternatives that may has advised the Register that it believes purchased works,’’ are real, verifiable fulfill consumers’ wants and needs, that the record does not support them. and reasonably likely to recur. There are including purchasing a DVD player. Soghoian’s first proposal, regarding several persuasive reasons in the record Mere consumer inconvenience is not DRM servers that control access to to answer this question in the negative. sufficient to support the designation of lawfully purchased sound recordings, Regarding the three categories of a class of works. The statute does not audiovisual works and software copyrighted works that Soghoian provide that this rulemaking is to enable programs, was based upon several identified in his proposal, he presented the most convenient method of recent instances where ‘‘online music no information that one of them, consuming video content. The and media stores’’ that tethered their software in this instance, is even being proponents have merely advanced commercial distribution of digital works sold by online retailers using requests in order to satisfy their to DRM servers ceased operations. The authentication servers. Thus, the convenience and preferences as to how proposal would not permit Register’s review of adverse effects must they would like to access media and circumvention of operational DRM be restricted to sound recordings and have failed to demonstrate a need for servers, but would cover only situations audiovisual works. Soghain asserts that remedial action. Accordingly, the in which the particular authentication such works were sold by two entities, Register cannot recommend the server has ceased to function. Soghoian Circuit City and Google, who, upon Librarian designate either proposed argued that when the DRM servers deciding to withdraw from the market, class in light of the alternatives that malfunction or are shut down by their fully refunded their customers’ exist in the marketplace today. operators, consumers lose the ability to purchase costs. In his testimony, engage in the legitimate, noninfringing Soghoian stated that he was willing to B. Lawfully purchased sound usage of content that they lawfully narrow the proposed class to permit recordings, audiovisual works, and purchased and reasonably expected to circumvention only ‘‘in the event that software programs distributed continue using. However, there is no the service does not provide any remedy commercially in digital format by evidence that such a loss of rights has for consumers.’’ He further stated that a online music and media stores and actually occurred thus far. ‘‘refund is a totally appropriate and protected by technological measures Soghoian argued that, given the satisfactory remedy.’’ Since the record of that depend on the continued record he presents of digital media DRM–protected audiovisual works availability of authenticating servers, stores shutting down their DRM servers, reveal only two defunct services and when such authenticating servers cease and given the increased migration of reveals that both provided acceptable functioning because the store fails or customers from physical CDs to remedies, there is no reason for the for other reasons; and downloads, it is likely that in the next Register to consider this category of three years at least one DRM–media works in her determination. Lawfully purchased sound store and/or its authenticating servers With regard to sound recordings, of recordings, audiovisual works, and will shut down, adversely affecting the the three retailers who stopped selling software programs distributed ability to engage in noninfringing use of DRM–protected works, Yahoo Music commercially in digital format by the protected works by those who has provided full refunds. The two online music and media stores and purchased them. He proposed that others, MSN Music and Walmart, protected by technological measures exempting circumvention of DRM server announced in response to consumer that depend on the continued technology after a server has stopped backlash that they would keep their availability of authenticating servers, functioning is a reasonable remedy for servers operational. The record prior to the failure of the servers for these adverse effects under three of the demonstrates that, thus far, there have technologists and researchers studying four Section 1201(a)(1)(C) factors. been no adverse effects on the and documenting how the The Register cannot recommend this noninfringing use of DRM–protected authenticating servers that effectuate proposed class for the simple reason sound recording downloads since the technological measures function. that the proponent has not sustained his purchasers retain identical access and Christopher Soghoian of the Berkman burden of demonstrating that the use abilities. Center for Internet & Society at Harvard prohibition on circumvention of access Soghoian’s proposed class focused University has proposed two classes of controls either has produced, or is likely more on future harm, arguing that ‘‘there works to allow the circumvention of to produce, any adverse effects on is no reason to believe that other technological measures that depend on noninfringing uses of the proposed class companies or services that fail or are the continued availability of of works. Here, no such instances of shut down in the future will provide authenticating servers (or ‘‘DRM adverse effects have been shown. If, in similar corrective steps.’’ He predicted servers’’) for the following uses: (1) by the absence of current adverse effect, that companies smaller than Microsoft consumers, for access to and ordinary designation of a class of works is to be and Walmart will not have the resources enjoyment of purchased works, and (2) based solely upon anticipated harm, to provide refunds or keep by technologists and researchers, ‘‘the evidence of likelihood of future authentication servers operating and documenting the function of the adverse impact during that time period that given the state of the economy, technological measures. The [must be] highly specific, strong and more companies will be jettisoning their technological measures in question persuasive.’’ Evidence of such a DRM–protected music businesses and regulate user access to copyrighted compelling nature is lacking here as may decide simply to deactivate their works via connections to remote online well. authentication servers without advance authenticating servers, and therefore The fundamental question in warning. This appears to be pure always require that the server be evaluating this proposal is whether the conjecture. Soghoian presented no operational; if the server is shut down, adverse effects complained of by the evidence supporting his claim that if the authentication process cannot take proponent, ‘‘DRM–based stores that another online retailer decides to

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disable its authentication server, it will class is to facilitate circumvention of D. Audiovisual works delivered by leave affected consumers without a works in the ‘‘user’’ class, the arguments digital television (‘‘DTV’’) transmission remedy. To the contrary, the record supporting the research class fail on the intended for free, over–the–air shows that the two companies (MSN same basis as those supporting the user reception by anyone, which are marked Music and Walmart) that have class. Accordingly, the Register with a ‘‘broadcast flag’’ indicator that discontinued their services are still recommends the rejection of this prevents, restricts, or inhibits the keeping the servers operational. Thus, proposed class. ability of recipients to access the work the prediction that, within the next at a time of the recipient’s choosing and three years, consumers will be C. Software and information recorded, subsequent to the time of transmission, prevented from accessing and using produced, stored, manipulated or or using a machine owned by the DRM–protected works due to the delivered by the software, that a recipient but which is not the same cessation of operations by an forensic investigator seeks to copy, machine that originally acquired the authentication server is purely activate, or reverse engineer in order to transmission. hypothetical. obtain evidence in a court proceeding. The Register therefore recommends In the 2006 rulemaking, a number of rejection of this proposed class. Glenn Pannenborg proposed commenters sought the designation of Soghoian’s second proposal relates to designating a class of works for the classes of works that target broadcast flags for television and radio broadcasts, circumvention of the same DRM servers benefit of forensic investigators (i.e., noting that such restrictions could controlling access to the same categories court–appointed evidence examiners) possibly interfere with the personal of works as his first proposal. However, seeking evidence in a court proceeding. instead of being for the direct benefit of recording of digital broadcast content According to Pannenborg, forensic for time–shifting and format–shifting consumers, it would aid ‘‘technologists examiners practicing in the fields of and researchers studying and purposes. The Register rejected those financial or information technology may requests, stating that there was no documenting how the authenticating be faced with evidence that is recorded, servers that effectuate the technological broadcast flag mandate in effect for produced, stored, manipulated or measures function.’’ Such study and either television or radio at that time delivered by software covered under 17 documentation, the proposal states, and concluding that no relief could be would take place ‘‘prior to the failure of U.S.C. 1201, or evidence that may be the granted based upon non–existent the servers.’’ This is intended to support software itself, as in a patent or regulations. The broadcast flag can be Soghoian’s first proposed user class by licensing dispute. He asserted that in described as a digital code embedded in providing consumers with order to obtain access to such evidence, a digital television (‘‘DTV’’) broadcasting documentation about how DRM servers a forensic investigator may have to stream, which prevents digital function, so that they can actually circumvent a technological protection television reception equipment from understand how to engage in measure in violation of Section redistributing broadcast content. The circumvention of works in his first 1201(a)(1)(A). FCC had broadcast flag restrictions, but proposed class. Joint Creators opposed Pannenborg’s they were overturned by the United States Court of Appeals for the District Soghoian’s legal argument in support proposal, and NTIA has advised the ‘‘ ’’ of Columbia Circuit. of the researcher class rested upon a Register that it believes the record does comparison with a similar class relating In the current proceeding, Matt not support granting the request. to ‘‘rootkits’’ that was designated in the Perkins proposed a new ‘‘broadcast flag’’ 2006 rulemaking, where the Librarian The Register finds that the proponent class based upon the belief that designated a class to permit in this case has not met the statutory broadcasters and copyright owners will circumvention technological measures burden of proof. Pannenborg failed to experiment with copy protection that (1) control access to lawfully intelligibly describe the nature of measures to restrict the recording of purchased sound recordings and authorship of the proposed class of broadcast television content after the associated audiovisual works on CDs works. Moreover, he presented no completion of the transition to DTV. He and (2) create or exploit security flaws compelling evidence, and provides no asserted that consumers will experience or vulnerabilities that compromise the concrete examples, that noninfringing frustration if their television recording security of personal computers, when uses of works in the proposed class have privileges are in any way restricted. circumvention is accomplished solely been or will be affected by the The National Association of for the purpose of good faith testing, circumvention ban. Indeed, he provided Broadcasters (‘‘NAB’’) opposed this investigating, or correcting such security little information about the works to request, and NTIA advised the Register that it believes the record does not flaws or vulnerabilities. Soghoian’s which he has apparently been denied proposal focused on the purpose of the support the request. access. Because of the lack of such existing ‘‘rootkit’’ class, contending that Perkins has failed to make his case for information in the record, an evaluation because his researcher class is also designating the proposed class. He has intended solely for good faith testing, of whether and the extent to which the generally stated that a broadcast flag investigation, and correction, it too prohibition on circumvention caused an would interfere with the recording of meets the requirements for exemption adverse effect on noninfringing uses was digital television programming for from the anti–circumvention statute. He not possible. The Register, therefore, personal use. However, he has not met did point out, however, that the cases of declines to recommend that the his burden of proof in showing that failed DRM and copy protection systems Librarian designate this proposed class regulatory action by the Librarian is do not easily fit into the category of of works. warranted. There is no broadcast flag ‘‘security flaw or vulnerability.’’ mandate for digital television broadcasts Soghoian’s proposed ‘‘research’’ class in effect, and it is highly speculative as of works ultimately rests upon the same to whether broadcasters and copyright speculative argument as his ‘‘user’’ class. owners will work to implement Since the record makes clear that the measures to restrict consumer recording purpose of designating the research privileges in the new DTV era.

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In addition, the record does not advised the Register that it believes the circumvention has adversely affected, or indicate that there currently are any record does not support granting the is likely to adversely affect, users’ devices that include broadcast flags. request. ability to make noninfringing uses of a Furthermore, Perkins’ theory in support Perkins’ request cannot withstand particular class of works. There was no of his request lacks any explanation or scrutiny. He has failed to meet his dispute that making an ebook accessible justification as to what noninfringing burden of proof demonstrating that to blind and visually impaired persons use would be prevented by the relief is warranted with regard to the is a noninfringing use. Therefore, the prohibition on circumvention with willful down–conversion of high main question is whether the respect to the broadcast flag and fails to definition programming recorded on prohibition on circumvention of provide evidence that actual harm exists Blu–ray discs. He has not shown that technological measures that control or that it is ‘‘likely’’ to occur in the the prohibition on circumvention has access has adversely affected the ability ensuing three year period. The proposed had or is likely to have a substantial of blind and visually impaired persons class is also misguided because it affects adverse effect on a clearly identifiable to gain access to the literary content in redistribution of content and does not noninfringing use. Similarly, he has not ebooks. appear to be related to an access control demonstrated the existence of actual In short, the proponents surveyed five technology measure for purposes of harm, or the likelihood of future harm ebook titles and found that three Section 1201(a)(1). For the reasons that designation of the proposed class (Brian’s Hunt, The Bridges of Madison stated above, the Register cannot would necessarily rectify. Specifically, County, and The Einstein Theory of recommend that the proposed request he has not provided evidence that ICTs Relativity) were not accessible in be granted. are currently being used on Blu–ray editions published in the Microsoft Lit discs to restrict users from accessing the format, one (The Sign of the Fish) was E. Audiovisual works embedded in a highest resolution format offered by not accessible in an edition published in physical medium (such as Blu–ray Blu–ray discs. Further, the request is the Adobe PDF format, and one (The ‘‘ discs) which are marked for down– unnecessary because the potential Complete Works of Edgar Alan Poe ’’ ‘‘ ’’ conversion or down–resolutioning problem described by Perkins is a Volume 1) was accessible in the Adobe (such as by the presence of an Image rapidly disappearing legacy issue PDF format. Thus, four out of the five ‘‘ ‘‘ Constraint Token ICT ) when the work related to early generation high titles sampled were available in formats is to be conveyed through any of a definition televisions. The Register that were not accessible. playback machine’s existing audio or recommends that the proposed class of Proponents of the class presented no visual output connectors, and therefore works be rejected. other factual information relating to restricts the literal quantity of the whether (and the extent to which) the embedded work available to the user F. Literary works distributed in ebook prohibition on circumvention actually (measured by visual resolution, format when all existing ebook editions has had an adverse effect on the ability temporal resolution, and color fidelity). of the work (including digital text of blind and visually impaired persons Matt Perkins proposed a class of editions made available by authorized to engage in the noninfringing use of works based on audiovisual works entities) contain access controls that reading ebooks by using screen readers embedded in Blu–ray discs. He stated prevent the enabling either of the and the read–aloud function offered in that the Blu–ray disc’s data structure book’s read–aloud function or of screen many ebooks. allows a disc publisher to assign an readers that render the text into a Joint Creators did not oppose the image constraint token to an audiovisual specialized format. request, but did question whether the work. He further explained that a In 2006, the Librarian designated a prohibition on circumvention of access licensed Blu–ray disc player responds to class consisting of ‘‘Literary works controls was to blame for the that token by ‘‘down–rezzing’’ the distributed in ebook format when all discrepancy between access for the fully electronic video signal when conveyed existing electronic book (‘‘ebook’’) sighted and access for the visually over an ‘‘untrusted’’ analog connection editions of the work (including digital impaired. NTIA has advised the Register (i.e., a trio of RCA cables). He asserted text editions made available by that it believes that an exemption based that no such constraints occur when the authorized entities) contain access on this proposals should be renewed. signal is conveyed over the preferred, controls that prevent the enabling either NTIA did not state that the record ‘‘trusted’’ digital pathway (High– of the book’s read–aloud function or of supports granting the requested Definition Multimedia Interface screen readers that render the text into exemption; in fact, it observed that the [‘‘HDMI’’] incorporating High– a specialized format.’’ The American case made by proponents is weak. bandwidth Digital Content Protection Foundation for the Blind (‘‘AFB’’), Nevertheless, NTIA concluded that [‘‘HDCP’’]). He argued that ICT denies which was the principal proponent of despite the limited level of information access to discarded video details until a ebook exemptions in 2003 and 2006, has provided, it is persuaded that harm to condition is satisfied (HDMI proposed that the Librarian redesignate these uses and users is likely to exist. connectivity), and therefore that ICT the existing class to ensure that people In reviewing the evidence presented qualifies as an access control measure who are blind or visually impaired are in support of designating the proposed under Section 1201. He admitted that not excluded from the digital revolution class, the first issue that is readily there is little evidence that ICTs are in education, information and apparent is that two of the five works currently embedded in available Blu– entertainment. examined by AFB (The Einstein Theory ray discs, but nevertheless asserted that In support of its proposal, AFB of Relativity and The Complete Works of the possible inclusion of an image offered an examination of five ebooks, Edgar Alan Poe Volume 1) are in the constraint token will cause user two which it tested in the PDF format public domain. Section 1201 does not frustration because program content will and three which it tested in the prohibit circumvention of a not be seen in the promised high Microsoft Lit format. AFB stated that of technological protection measure when definition format. these five books, only one—or twenty it simply controls access to a public Advanced Access Content System percent of the sample—was accessible. domain work; in such a case, it is lawful Licensing Administrator, LLC (‘‘AACS In order to make its case, the AFB had to circumvent the technological LA’’) opposed the request, and NTIA has to demonstrate that the prohibition on protection measure and there is no need

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for an exemption. Thus, the two works to Brian’s Hunt and The Bridges of IV. Conclusion in the public domain included in the Madison County, a quick review of the Having considered the evidence in the tiny sample – forty percent of the entire market revealed that both of these works record, the contentions of the parties, sample – are irrelevant to the case for are available as digital texts through and the statutory objectives, the Register an exemption. Even though one of these Bookshare.org. However, The Sign of of Copyrights recommends that the two public domain works was found to the Fish is not available in any edition Librarian of Congress publish the five be inaccessible, the prohibition on that permits the enabling of the ebook classes of copyrighted works designated circumvention cannot be said to be read–aloud function or of screen above, so that the prohibition against adversely affecting uses of that work readers. However, the Register cannot circumvention of technological given that the prohibition does not conclude that the prohibition on measures that effectively control access apply to public domain works. circumvention has had an adverse effect to copyrighted works shall not apply to Two of the other ebooks cited in on the noninfringing use of reading persons who engage in noninfringing support of designating the class –– uses of those particular classes of works. Brian’s Hunt and The Bridges of ebooks with screen readers or the read– Madison County, –– are alleged to be aloud function when the evidence Dated: July 19, 2010 inaccessible in Microsoft Lit format. reveals the case is built upon a single Marybeth Peters, However, the proponents did not state obscure book. Register of Copyrights. whether those titles are accessible and The Register fully supports universal Determination of the Librarian of available in other formats, such as the accessibility to ebooks for the blind and Congress widely–used PDF format. Because the visually impaired. However, the Having duly considered the proposed class, like the classes rulemaking established by Congress recommendation of the Register of approved in 2003 and 2006, requires requires proponents to demonstrate, de Copyrights as summarized above and that ‘‘all existing ebook editions of the novo, in each rulemaking proceeding, having accepted that recommendation with respect to all but one of the classes work (including digital text editions that relief relating to a particular class of works under consideration, the made available by authorized entities) of works is warranted for the ensuing Librarian of Congress is exercising his contain access controls that prevent the three–year period. The Register is enabling either of the book’s read–aloud authority under 17 U.S.C. 1201(a)(1)(C) sympathetic to the needs of the blind and (D) and is publishing as a new rule function or of screen readers that render and visually impaired, and agrees that ’’ the six classes of copyrighted works that the text into a specialized format, the as a matter of policy, access to e–books evidence relating to these two titles is shall be subject to the exemption found for the visually impaired should be insufficient to justify the designation of in 17 U.S.C. 1201(a)(1)(B) from the encouraged and that, when there is the proposed class. If Brian’s Hunt and prohibition against circumvention of The Bridges of Madison County are evidence that the prohibition on technological measures that effectively available in other editions that provide circumvention is having an adverse control access to copyrighted works set read–aloud and screen reader impact on that goal, an appropriate class forth in 17 U.S.C. 1201(a)(1)(A). accessibility, then they are not examples of works should be designated in this The Librarian has considered but of works justifying redesignation of the rulemaking. The Register has not rejected the Register’s recommendation class. In failing to even check to see hesitated to recommend such classes with respect to the proposed class of whether Brian’s Hunt and The Bridges when the record has supported such a works consisting of literary works of Madison County are available in an recommendation. However, unless the distributed in ebook format. This class accessible format, the proponents failed burden of presenting a prima facie case of works was proposed by the American to meet their burden of proof with is met, the statutory standard Foundation for the Blind (AFB) and is respect to those two titles. established for this rulemaking does not identical to that for which an exemption The final book offered as an example permit the designation of a class of was granted in 2006 and similar to the of inaccessibility was The Sign of the works. Presenting strong policy class for which an exemption was Fish, by Joann Klusmeyer. The arguments in favor of exempting a class granted in 2003. proponents of the class stated that the of works from the prohibition on The Librarian understands, and agrees book ‘‘opened in Acrobat, but content circumvention is only part of the battle with, the Register regarding the was not accessible.’’ Nothing was said that a proponent must wage; it is also requirement that a decision on a about whether the book was also necessary to provide sufficient facts to proposed class of works be made based available in other formats (and, if so, justify a finding that the prohibition on the record developed in the whether those formats were accessible). actually is having or is likely to have an rulemaking proceeding. In the view of Again, the proponents presented adverse effect on noninfringing uses. the Librarian, the proposed exemption insufficient evidence to evaluate should be granted because: (1) the whether yet another of the limited For all of the reasons set forth above, record includes statements on the number of titles in their sample was the Register finds no factual basis for likelihood of access not being available inaccessible in all ebook formats. designating the proposed class of works. to blind individuals, (2) no one opposed Although the Register could While the Register’s recommendations the exemption, and (3) there are broad recommend against designation of the in previous rulemakings made clear that benefits to society in making works proposed class based simply upon the the Register understands and accepts accessible to the visually impaired. The proponents’ failure to provide sufficient the legal and policy reasons for such an Librarian notes that, in contrast with its evidence to evaluate whether any of the exemption, the constraints established actions in both 2003 and 2006, the three non–public domain books cited by by Congress in this rulemaking Copyright Office did not submit any the proponents are inaccessable in all proceeding do not permit the post–hearing questions on this proposed ebook formats, the Register’s staff designation of a class of works in the exemption. Such development of the conducted some additional research to absence of a factual record that supports record would have been helpful. The determine whether the case could be the need for the designation. No such Librarian also notes that the Assistant made that any or all of those books are showing has been made in this Secretary for Communications and inaccessible in all formats. With respect proceeding. Information of the Department of

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Commerce, with whom the Register is urges Congress to work with the connect to a wireless required by Section 1201(a)(l)(C) to Copyright Office to consider telecommunications network, when consult when she makes her accessibility beyond the contours of this circumvention is initiated by the owner recommendation, supports granting the 1201 rulemaking. of the copy of the computer program exemption. List of Subjects in 37 CFR 201 solely in order to connect to a wireless Accordingly, the Librarian is telecommunications network and access designating the class of works relating to Copyright, Exemptions to prohibition to the network is authorized by the literary works distributed in ebook against circumvention. operator of the network. format. Notwithstanding the above, the Final Regulations (4) Video games accessible on Librarian is aware that, in the past two For the reasons set forth in the personal computers and protected by years, the Register and her legal staff preamble, 37 CFR part 201 is amended technological protection measures that have invested a great deal of time in as follows: control access to lawfully obtained analyzing the myriad of issues that works, when circumvention is PART 201–GENERAL PROVISIONS combine to make it difficult for blind accomplished solely for the purpose of and print–disabled persons to obtain ■ 1. The authority citation for part 201 good faith testing for, investigating, or access to certain e–books. The Copyright continues to read as follows: correcting security flaws or Office has hosted comprehensive Authority: 17 U.S.C. 702 vulnerabilities, if: meetings with stakeholders, solicited public comment on the application of ■ 2. Section 201.40 is amended by (i) The information derived from the domestic and international law to revising paragraph (b) to read as follows: security testing is used primarily to promote the security of the owner or accessibility, participated in interagency § 201.40 Exemption to prohibition operator of a computer, computer and intergovernmental meetings in against circumvention. Washington, DC and Geneva, and, with system, or computer network; and * * * * * the World Intellectual Property (ii) The information derived from the (b) Classes of copyrighted works. Organization, co–sponsored a major security testing is used or maintained in Pursuant to the authority set forth in 17 international training program for a manner that does not facilitate experts from developing countries. U.S.C. 1201(a)(1)(C) and (D), and upon the recommendation of the Register of copyright infringement or a violation of Through this work, the Register has applicable law. come to believe that more general Copyrights, the Librarian has Congressional attention on the issue of determined that the prohibition against (5) Computer programs protected by accessibility is merited. I agree with the circumvention of technological dongles that prevent access due to Register in this determination. measures that effectively control access malfunction or damage and which are The section 1201 process is a to copyrighted works set forth in 17 obsolete. A dongle shall be considered regulatory process that is at best ill– U.S.C. 1201(a)(1)(A) shall not apply to obsolete if it is no longer manufactured suited to address the larger challenges of persons who engage in noninfringing or if a replacement or repair is no longer access for blind and print–disabled uses of the following five classes of reasonably available in the commercial persons. The exemption that the copyrighted works: marketplace. (1) Motion pictures on DVDs that are Librarian is approving here offers a (6) Literary works distributed in solution to specific concerns that were lawfully made and acquired and that are ebook format when all existing ebook raised in the narrow context of the protected by the Content Scrambling editions of the work (including digital rulemaking. Moreover, it is a temporary System when circumvention is solution, as the 1201 process begins accomplished solely in order to text editions made available by anew every three years. accomplish the incorporation of short authorized entities) contain access Outside of section 1201and the issue portions of motion pictures into new controls that prevent the enabling either of technological protection measures, works for the purpose of criticism or of the book’s read–aloud function or of the Register has been examining comment, and where the person screen readers that render the text into whether copyright law, and to some engaging in circumvention believes and a specialized format. extent related disabilities and education has reasonable grounds for believing Dated: July 20, 2010 laws, adequately serve the blind and that circumvention is necessary to fulfill James H. Billington, print–disabled population in the digital the purpose of the use in the following age. In particular, the Register has instances: The Librarian of Congress. learned that, even where books are (i) Educational uses by college and [FR Doc. 2010–18339 Filed 7–26–10; 8:45 am] published electronically for the general university professors and by college and BILLING CODE 1410–30–S public, the digital format used or university film and media studies licensed may be employed in a way that students; is incompatible with Braille readers and (ii) Documentary filmmaking; other assistive technologies on which (iii) Noncommercial videos. blind and print-disabled persons rely. In (2) Computer programs that enable the long run, this incompatibility may wireless telephone handsets to execute lead to delays, cost challenges and software applications, where standards issues that may off-set the circumvention is accomplished for the long-awaited benefits of digital media. sole purpose of enabling interoperability Copyright and content issues cannot be of such applications, when they have divorced from the general goal of been lawfully obtained, with computer ensuring that hardware devices are programs on the telephone handset. designed with accessibility in mind. (3) Computer programs, in the form The Librarian fully supports the Register of firmware or software, that enable in her examination of these issues and used wireless telephone handsets to

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DEPARTMENT OF TRANSPORTATION note, as amended by Section 31001(s)(1) Legacy for Users (‘‘SAFETEA–LU,’’ Pub. of the Debt Collection Improvement Act L. 109–59, 119 Stat. 1905)) amended 49 Federal Railroad Administration of 1996, Public Law 104–134, 110 Stat. U.S.C. 5123(a) to reset the maximum 1321–373, April 26, 1996. Congress and minimum CMPs for a knowing 49 CFR Part 209 recognized the important role that civil violation of the Federal hazardous penalties play in deterring violations of [Docket No. FRA–2004–17530; Notice No. material transportation laws, 49 U.S.C. 2] Federal laws and regulations and 5101 et seq., or a regulation, order, realized that inflation has diminished special permit, or approval issued under RIN 2130–ZA03 the impact of these penalties. In the that law as follows: Inflation Act, Congress found a way to —Maximum civil penalty: $50,000, Inflation Adjustment of the Ordinary counter the effect that inflation has had except that amount may be increased Maximum and Aggravated Maximum on the civil penalties by having the to $100,000 for a violation that results Civil Monetary Penalties for a Violation agencies charged with enforcement in death, serious illness, or severe of the Hazardous Material responsibility administratively adjust injury to a person or substantial Transportation Laws and Regulations the civil penalties. destruction of property. This final rule is published under the AGENCY: Federal Railroad —Minimum civil penalty: $250, except authority of 49 U.S.C. 5123 and 5124, Administration (FRA), Department of that the minimum civil penalty for a which provide civil and criminal Transportation (DOT). violation related to training is $450. penalties for violations of Federal Before the enactment of SAFETEA–LU, ACTION: Final rule. hazardous material transportation law or a regulation, order, special permit or the inflation-adjusted maximum civil SUMMARY: FRA is adjusting the ordinary approval issued under that law. The penalty for a hazardous material maximum penalty and the aggravated hazardous material transportation violation was $32,500, and the inflation- maximum penalty that it will apply regulations are issued by the Pipeline adjusted minimum civil penalty for a when assessing a civil monetary penalty and Hazardous Materials Safety hazardous materials violation was $275. for a violation of the Federal hazardous Administration (PHMSA). 49 CFR 69 FR 30590, May 28, 2004. To material transportation laws or a 1.53(b). FRA is authorized as the implement these SAFETEA–LU regulation, special permit, or approval delegate of the Secretary of amendments to the maximum and issued under those laws. The aggravated Transportation to enforce the hazardous minimum penalties, FRA issued a final maximum penalty is available only for material statutes and regulations. 49 rule that was published on December a violation that results in death, serious CFR 1.49(s). 26, 2006, 71 FR 77293, making the new illness, or severe injury to any person or maximum and minimum penalties substantial destruction of property. In Calculation of the Adjustment effective with respect to violations on or particular, FRA is increasing the The Inflation Act requires each after December 26, 2006. ordinary maximum civil monetary Federal agency to periodically adjust Under the Inflation Act, FRA is now penalty per violation from $50,000 to CMPs that it administers to consider the required to adjust the maximum and $55,000 and the aggravated maximum effects of inflation. The Inflation Act is minimum civil penalties set forth in 49 civil penalty from $100,000 to $110,000. set forth in a note to 29 U.S.C. 2461. U.S.C. 5123(a), as amended by The minimum civil monetary penalty According to Section 5 of the Inflation SAFETEA–LU. Because these for a violation related to training Act, the maximum and minimum CMPs adjustments are the first adjustments to remains at $450. The minimum civil must be increased based on a ‘‘cost-of- the amounts reset in SAFETEA–LU, an monetary penalty per violation for other living adjustment’’ determined by the increase in the maximum and minimum hazardous material violations remains at increase in the Consumer Price Index civil penalty amounts is limited to 10 $250. These adjustments are required by (CPI) for the month of June of the percent. the Federal Civil Penalties Inflation calendar year preceding the adjustment Because this adjustment and the Adjustment Act of 1990 as amended by as compared to the CPI for the month of amount thereof are mandated by statute, the Debt Collection Improvement Act of June in the year in which the last notice of proposed rulemaking is 1996. adjustment was made. The Inflation Act unnecessary, and there is good cause to DATES: Effective Date: September 27, also specifies that the amount of the make the adjusted ordinary maximum 2010. adjustment must be rounded to the and aggravated maximum civil penalties nearest multiple of $100 for a penalty applicable to any violation occurring on FOR FURTHER INFORMATION CONTACT: between $100 and $1,000; that the or after September 27, 2010. 5 U.S.C. Roberta J. Stewart, Trial Attorney, Office amount of the adjustment must be 553(b), (d). of Chief Counsel, FRA, 1200 New Jersey rounded to the nearest multiple of PHMSA recently issued a final rule to Avenue, SE., Mail Stop 10, Washington, $5,000, for a penalty between $10,000 adjust its maximum and minimum civil DC 20590 (telephone 202–493–6027), and $100,000; and that the first CMP monetary penalties per the Inflation Act. [email protected]. adjustment is limited to 10 percent of See 74 FR 68701 (December 29, 2009). SUPPLEMENTARY INFORMATION: The the original penalty amount. Any FRA’s maximum and minimum CMPs Federal Civil Penalties Inflation increased CMP applies only to that it assesses for violations of the Adjustment Act of 1990 (Inflation Act) violations that occur after the date the hazardous material transportation laws requires that an agency adjust by increase takes effect. FRA utilizes and regulations have historically regulation each maximum civil Bureau of Labor Statistics data to mirrored PHMSA’s. However, for this monetary penalty (CMP), or range of calculate inflation adjusted CMP round of CMP inflation adjustments, minimum and maximum penalties, amounts. FRA notes that there is one discrepancy within that agency’s jurisdiction by Section 7120 of the Hazardous between PHMSA’s adjusted CMPs and October 23, 1996, and adjust those Materials Safety and Security FRA’s adjusted CMPs. Because penalty amounts once every four years Reauthorization Act of 2005 (Title VII of PHMSA’s inflation adjustments were thereafter to reflect inflation. Public Law the Safe, Accountable, Flexible, performed in calendar year 2009, 101–410, 104 Stat. 890, 28 U.S.C. 2461, Efficient Transportation Equity Act: A PHMSA calculated its new maximum

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and minimum penalties using the CPIs $110,000. This maximum may apply to significant regulatory action under from June 2008 and June 2005. FRA, on CMPs for a violation of the hazardous section 3(f) of Executive Order 12866 the other hand, is calculating the material laws or regulations that results and, therefore, was not reviewed by the inflation adjustment of its CMPs for in death, serious illness, or severe injury Office of Management and Budget hazardous material violations in to a person or substantial destruction of (OMB). This rule is not significant calendar year 2010, and is therefore property. The new ordinary and under DOT Regulatory Policies and using the CPIs from June 2009 and June aggravated maximum CMPs will apply Procedures. 44 FR 11034. The cost of 2005. The CPI increase between June to violations that occur on or after complying with existing substantive 2008 and June 2005 was greater than the September 27, 2010. regulations is not being increased. The adjustment for inflation of the CPI increase between June 2009 and 2. Minimum Civil Monetary Penalty for maximum and minimum CMP is a June 2005. As calculated by PHMSA, its Hazardous Materials Violations Related limited ministerial act over which the minimum CMP for violations related to to Training training increased ten percent from $450 agency has no discretion. The economic to $495. 74 FR 68701. In FRA’s FRA also reevaluated the minimum impact of the final rule is minimal to the calculations, as described below, the CMP for a training violation and extent that preparation of a regulatory minimum CMP for violations related to determined that it should remain at evaluation is not warranted. $450, as the following calculations training remains at $450, due to the B. Regulatory Flexibility Determination different years of CPIs used to calculate show: $450 times the inflation factor of the inflation increase. 1.10903 equals $499. The raw inflation FRA certifies that this final rule will adjustment amount of $49 is rounded to not have a significant economic impact Calculations To Determine Hazardous the nearest $100, which is $0. The on a substantial number of small Material Civil Monetary Penalty inflation-adjusted minimum CMP for entities. This rule applies to shippers Updates for Violations On or After training violations therefore does not and carriers of hazardous material and September 27, 2010 change, and remains at $450. persons who manufacture, mark, certify, or sell packagings, containers and 1. Ordinary and Aggravated Maximum 3. Minimum Civil Monetary Penalty for packaging components as qualified for Civil Monetary Penalties All Other Hazardous Material Violations use in transporting hazardous materials As required, this year FRA Applying the adjustment calculation, in commerce, some of whom are small reevaluated the ordinary and aggravated FRA has determined that the minimum entities. However, there is no economic maximum hazardous material civil CMP for all other hazardous material impact on any person who complies penalties and concluded that they violations should remain at $250, as the with Federal hazardous material should be increased to $55,000 and following calculations show: $250 times transportation law and the regulations, $110,000, respectively, as the next the inflation factor of 1.10903 equals orders, special permits and approvals calculations show. The June 2009 CPI of $277. The raw inflation adjustment issued under that law. 646.121 (the CPI in the year before the amount of $27 is rounded to the nearest year that the present adjustment is being $100, which is $0. Therefore, the C. Federalism made) divided by the CPI for June 2005 minimum CMP remains at $250. This final rule has been analyzed in of 582.6 (the year that the then-current Public Participation accordance with the principles and maximum penalty of $32,500 was reset criteria contained in Executive Order by SAFETEA–LU) equals an inflation FRA is proceeding to a final rule 13132 (‘‘Federalism’’), and the factor of 1.10903; $50,000 times 1.10903 without providing a notice of proposed President’s May 20, 2009 memorandum equals $55,451.50. The raw inflation rulemaking or an opportunity for public on ‘‘Preemption’’ (74 FR 24693, May 22, adjustment amount of $5,452 is rounded comment. Public comment is 2009). As amended in 2005, 49 U.S.C. to the nearest $5,000, which is $5,000. unnecessary because, in making these 5125(h) provided that the preemption Because this is the first adjustment for technical amendments, FRA is not provisions in Federal hazardous this penalty, any increase is capped at exercising discretion in a way that could material transportation law do ‘‘not 10 percent of the current penalty be informed by public comment. As apply to any * * * penalty * * * utilized amount; $5,000 is 10 percent of $50,000 such, notice and comment procedures by a State, political subdivision of a and does not exceed the 10 percent are ‘‘impracticable, unnecessary, or State, or Indian tribe to enforce a limit. Therefore, the inflation-adjusted contrary to the public interest’’ within requirement applicable to the ordinary maximum CMP is $50,000 plus the meaning of the Administrative transportation of hazardous material.’’ $5,000, or $55,000, and is applicable to Procedure Act, 5 U.S.C. 553(b)(3)(B). Accordingly, this final rule does not all of the hazardous material laws and Likewise, the adjustments required by have any preemptive effect on the regulations enforced by FRA. the Inflation Act are ministerial acts amount or nature of penalties imposed Applying the same calculations to the over which FRA has no discretion, by a State, local, or Indian Tribal making public comment unnecessary. $100,000 aggravated maximum penalty government for violations of their FRA is issuing these amendments as a for certain, more serious violations, requirements which are consistent with final rule applicable to all future $100,000 times 1.10903 equals requirements in Federal hazardous hazardous material civil penalty cases $110,903. The raw inflation adjustment material transportation law and the under its authority to cite for violations amount of $10,903 is rounded to the regulations prescribed under that law. that occur on or after the effective date nearest $5,000, which is $10,000. Preparation of a federalism assessment of this final rule. Because this is the first adjustment for is not warranted. this penalty, any increase is capped at Regulatory Impact 10 percent of the current penalty D. International Trade Impact amount; $10,000 is 10 percent of A. Executive Order 12866 and DOT Assessment $100,000 and does not exceed the 10 Regulatory Policies and Procedures The Trade Agreement Act of 1979 percent limit. Therefore, the inflation- This rule has been evaluated in prohibits Federal agencies from adjusted aggravated maximum CMP for accordance with existing policies and engaging in any standards or related certain hazardous material violations is procedures. It is not considered a activities that create unnecessary

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obstacles to the foreign commerce of the transportation, Penalties, Railroad ASSESSMENTS’’ and replacing it with United States. Legitimate domestic safety, Reporting and recordkeeping the numerical amount ‘‘$110,000’’. objectives, such as safety, are not requirements. ■ 5. Footnote 2 to Appendix B to Part considered unnecessary obstacles. The The Final Rule 209 is amended by: statute also requires consideration of ■ international standards and where ■ In consideration of the foregoing, Part a. Removing the numerical amount appropriate, that they be the basis for 209 of Subtitle B, Chapter II of Title 49 ‘‘$50,000’’ and replacing it with the U.S. standards. This rulemaking is of the Code of Federal Regulations is numerical amount ‘‘$55,000’’; and purely domestic in nature and is not amended as follows: ■ b. Removing the numerical amount expected to affect trade opportunities ‘‘$100,000’’ and replacing it with the for U.S. firms doing business overseas or PART 209—[AMENDED] numerical amount ‘‘$110,000’’. for foreign firms doing business in the ■ 1. The authority citation for Part 209 Issued in Washington, DC, on July 21, United States. continues to read as follows: 2010. E. Paperwork Reduction Act Authority: 49 U.S.C. 5123, 5124, 20103, Joseph C. Szabo, 20107, 20111, 20112, 20114; 28 U.S.C. 2461, Administrator, Federal Railroad There are no new information Administration. collection requirements in this final note; and 49 CFR 1.49. rule. § 209.103 [Amended] Note: This appendix will not appear in the Code of Federal Regulations. F. Compliance With the Unfunded ■ 2. Section 209.103 is revised by: Mandates Reform Act of 1995 ■ a. Removing the numerical amount Appendix: ‘‘Step-by-Step Calculations ‘‘$50,000’’ in paragraph (a) and replacing The final rule issued today will not to Determine Civil Monetary Penalty it with the numerical amount ‘‘$55,000’’; result in the expenditure, in the Updates: 2010’’ and aggregate, of $141,300,000 or more in ■ b. Removing the numerical amount Step-by-Step Calculations to Determine any one year by State, local, or Indian ‘‘$100,000’’ in paragraph (a)(1) and Hazardous Material Civil Penalty Inflation Tribal governments, or the private replacing it with the numerical amount Adjustments: 2010 sector, and thus preparation of a ‘‘$110,000’’; and Ordinary and Aggravated Maximum Civil statement is not required. ■ c. Removing the date of ‘‘August 10, Penalties G. Environmental Assessment 2005’’ in paragraph (c) and replacing it These calculations follow U.S. Department with ‘‘September 27, 2010’’. of Transportation and Government There are no significant Accountability Office (GAO), formerly the environmental impacts associated with § 209.105 [Amended] General Accounting Office, guidance to this final rule. ■ 3. Section 209.105(c) is revised by: determine if the minimum civil monetary ■ H. Energy Impact a. Removing the numerical amount penalty (CMP) should be updated according ‘‘$50,000’’ in the last sentence and to the Inflation Act. (Sources for guidance: (1) According to definitions set forth in replacing it with the numerical amount GAO attachment to memorandum with Executive Order 13211, there will be no ‘‘$55,000’’; and subject ‘‘Annual Review of Department of significant energy action as a result of ■ b. Removing the numerical amount Transportation’s (DOT) Civil Penalties ’’ the issuance of this final rule. ‘‘$100,000’’ in the last sentence and Inflation Adjustment, dated July 10, 2003; (2) policy paper entitled ‘‘Federal Civil I. Privacy Act replacing it with the numerical amount Penalties Inflation Adjustment Act of 1990’’). ‘‘$110,000’’. Anyone is able to search the Maximum Civil Monetary Penalties Appendix B to Part 209—[AMENDED] electronic form of any written The current ordinary maximum CMP is communications and comments ■ 4. Appendix B to Part 209 is amended $50,000, set on August 10, 2005, by Section received into any of our dockets by the by: 7120 of the Hazardous Materials Safety and name of the individual submitting the ■ a. Removing the numerical amount Security Reauthorization Act of 2005 (Title document (or signing the document, if ‘‘$50,000’’ in the first paragraph below VII of the Safe, Accountable, Flexible, submitted on behalf of an association, the heading ‘‘APPENDIX B TO PART Efficient Transportation Equity Act: A Legacy business, labor union, etc.). You may 209—FEDERAL RAILROAD for Users (‘‘SAFETEA–LU,’’ Pub. L. 109–59, 119 Stat. 1905)), which amended 49 U.S.C. review DOT’s complete Privacy Act ADMINISTRATION GUIDELINES FOR 5123(a). Statement in the Federal Register INITIAL HAZARDOUS MATERIAL Step 1: Find the Consumer Price Index published on April 11, 2000 (Volume ASSESSMENTS’’ and replacing it with (CPI). (BLS, 1967 Base, U.S. City Average). 65, Number 70, pages 19477–78) or the numerical amount ‘‘$55,000’’; and The CPI for June of the preceding year, i.e., ■ online at http://www.dot.gov/ b. Removing the numerical amount CPI for June 2009 = 646.121 privacy.html. ‘‘$100,000’’ in the first paragraph below The CPI for June of the year the CMP was last the heading ‘‘APPENDIX B TO PART set or adjusted under the Inflation Act, i.e., List of Subjects in 49 CFR Part 209 209—FEDERAL RAILROAD CPI for June 2005 = 582.6 Administrative practice and ADMINISTRATION GUIDELINES FOR Step 2: Calculate the Cost of Living procedure, Hazardous materials INITIAL HAZARDOUS MATERIALS Adjustment (COLA), or the Inflation Factor.

CPI for June 2009 646. 121 COLA ===1.0 10903 CPI for June 2005 582. 6

Step 3: Find the Raw Inflation Adjustment Raw Inflation Adjustment = CMP × COLA = Step 4: Round the Raw Inflation or Inflation Adjustment Before Rounding. $50,000 × 1.10903 = $55,451.50 ≈ Adjustment Amount. $55,452

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Recall that the increase in the CMP is CMP after rounding = Original CMP + Section 7120 of the Hazardous Materials rounded, according to the rounding rules. Rounded Increase = $50,000 + $5,000 = Safety and Security Reauthorization Act of Increase = Raw Inflation Adjustment ¥ $55,000 2005 (Title VII of the Safe, Accountable, Original CMP = $55,452 ¥ $50,000 = Step 6: Apply a 10% Ceiling if necessary. Flexible, Efficient Transportation Equity Act: $5,452 10% of $50,000 is $5,000, so the increase A Legacy for Users (‘‘SAFETEA–LU,’’ Pub. L. Use the following rounding rule: ‘‘If the does not exceed the 10% cap. 109–59, 119 Stat. 1905)), which amended 49 current unadjusted penalty is greater than Step 7: Determine New Penalty. U.S.C. 5123(a). $10,000 and less than or equal to $100,000, The new maximum CMP = $55,000 Step 1: Find the Consumer Price Index round the increase to the nearest multiple of With respect to hazardous material (CPI). (BLS, 1967 Base, U.S. City Average). $5,000.’’ (Federal Civil Penalties Inflation violations that occur on or after [insert date The CPI for June of the preceding year, i.e., 60 days after publication], the maximum Adjustment Act of 1990, p. 4.) Multiples of CPI for June 2009 = 646.121 $5,000 are $0, $5,000, $10,000. * * * The CMP rises from $50,000 to $55,000. The CPI for June of the year the CMP was last nearest multiple of $5,000 is therefore The current maximum CMP for a $5,000. Rounded, the $5,452 increase = hazardous material violation that results in set or adjusted under the Inflation Act, i.e., $5,000 death, serious illness, or severe injury to any CPI for June 2005 = 582.6 Step 5: Find the Inflation Adjusted Penalty person or substantial destruction of property Step 2: Calculate the Cost of Living After Rounding. is $100,000, set on August 10, 2005, by Adjustment (COLA), or the Inflation Factor.

CPI for June 2009 646. 121 COLA ===1.0 10903 CPI for June 2005 582. 6

Step 3: Find the Raw Inflation Adjustment nearest multiple of $5,000 is therefore maximum CMP rises from $100,000 to or Inflation Adjustment Before Rounding. $10,000. Rounded, the $10,900 increase = $110,000. Raw Inflation Adjustment = CMP × COLA = $10,000. × ≈ Step 5: Find the Inflation Adjusted Penalty Minimum Civil Monetary Penalty for $100,000 1.10903 = $110,903 Training Violations $110,900 After Rounding. Step 4: Round the Raw Inflation CMP after rounding = Original CMP + The current minimum CMP for hazardous Adjustment Amount. Rounded Increase = $100,000 + $10,000 material violations related to training is $450, Recall that the increase in the CMP is = $110,000 set on August 10, 2005, by Section 7120 of rounded, according to the rounding rules. Step 6: Apply a 10% Ceiling if necessary. the Hazardous Materials Safety and Security This is the first time that the statutorily Increase = Raw Inflation Adjustment ¥ Reauthorization Act of 2005. ¥ reset CMP is being adjusted, so the 10% cap Step 1: Find the Consumer Price Index Original CMP = $110,900 $100,000 = applies; 10% of $100,000 is $10,000, so the $10,900. (CPI). (BLS, 1967 Base, U.S. City Average) increase does not exceed the 10% cap. The CPI for June of the preceding year, i.e., Use the following rounding rule: ‘‘If the Step 7: Determine New Penalty. CPI for June 2009 = 646.121. current unadjusted penalty is greater than The new aggravated maximum CMP for $10,000 and less than or equal to $100,000, certain hazardous material violations = The CPI for June of the year the CMP was last round the increase to the nearest multiple of $110,000. set or adjusted under the Inflation Act, i.e., $5,000.’’ (Federal Civil Penalties Inflation With respect to hazardous material CPI for June 2005 = 582.6 Adjustment Act of 1990, p. 4.) Multiples of violations that occur on or after [insert date Step 2: Calculate the Cost of Living $5,000 are $0, $5,000, $10,000. * * * The 60 days after publication], this aggravated Adjustment (COLA), or the Inflation Factor.

CPI for June 2009 646. 121 COLA ===1.0 10903 CPI for June 2005 582. 6

Step 3: Find the Raw Inflation Adjustment The nearest multiple of $100 is therefore Minimum Civil Monetary Penalty for All or Inflation Adjustment Before Rounding. $0. Rounded, the $49 increase = $0. Other Hazardous Material Violations Raw Inflation Adjustment = CMP × COLA = Step 5: Find the Inflation Adjusted Penalty The current minimum CMP is $250, set on $450 × 1.10903 = $499 After Rounding. August 10, 2005, by Section 7120 of the Step 4: Round the Raw Inflation CMP after rounding = Original CMP + Hazardous Materials Safety and Security Adjustment Amount. Rounded Increase = $450 + $0 = $450. Reauthorization Act of 2005 (Title VII of the Safe, Accountable, Flexible, Efficient Recall that the increase in the CMP is Step 6: Apply a 10% Ceiling if necessary. rounded, according to the rounding rules. Transportation Equity Act: A Legacy for The penalty amount did not increase, so Users (‘‘SAFETEA–LU,’’ Pub. ¥ Increase = Raw Inflation Adjustment the 10% cap does not apply. Step 1: Find the Consumer Price Index ¥ Original CMP = $499 $450 = $49 Step 7: Determine New Penalty. (CPI). (BLS, 1967 Base, U.S. City Average). Use the following rounding rule: ‘‘If the The new minimum CMP for training The CPI for June of the preceding year, i.e., current unadjusted penalty is greater than violations = $450 CPI for June 2009 = 646.121 $100 and less than or equal to $1,000, round With respect to hazardous material The CPI for June of the year the civil penalty the increase to the nearest multiple of $100.’’ was last set or adjusted under the Inflation violations that occur on or after [insert date (Federal Civil Penalties Inflation Adjustment Act, i.e., CPI for June 2005 = 582.6 Act of 1990, p. 4) 60 days after publication], the minimum Step 2: Calculate the Cost of Living Multiples of $100 are $0, $100, $200. CMP for training violations remains $450. Adjustment (COLA), or the Inflation Factor.

CPI for June 2009 646. 121 COLA ===1.0 10903 CPI for June 2005 582. 6

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Step 3: Find the Raw Inflation Adjustment inspection by appointment during foreign species from the 1991 petition, or Inflation Adjustment Before Rounding. normal business hours at: U.S. Fish and including the black-breasted puffleg, as Raw Inflation Adjustment = CMP × COLA = × Wildlife Service, Branch of Listing, published in our annual notices of $250 1.10903 = $277 Endangered Species Program, 4401 N. review (ANOR) on May 21, 2004 (69 FR Step 4: Round the Raw Inflation 29354), and April 23, 2007 (72 FR Adjustment Amount. Fairfax Drive, Room 400, Arlington, VA Recall that the increase in the CMP is 22203; telephone 703–358–2171. 20184). rounded, according to the rounding rules. FOR FURTHER INFORMATION CONTACT: On January 23, 2008, the United States District Court ordered the Service Increase = Raw Inflation Adjustment ¥ Janine Van Norman, Chief, Branch of Original CMP = $277 ¥ $250 = $27 Foreign Species, Endangered Species to propose listing rules for five foreign Use the following rounding rule: ‘‘If the Program, U.S. Fish and Wildlife Service, bird species, actions which had been current unadjusted penalty is greater than 4401 N. Fairfax Drive, Room 420, previously determined to be warranted $100 and less than or equal to $1,000, round Arlington, VA 22203; telephone 703– but precluded: The Andean flamingo the increase to the nearest multiple of $100.’’ 358–2171; facsimile 703–358–1735. If (Phoenicoparrus andinus), black- (Federal Civil Penalties Inflation Adjustment breasted puffleg (Eriocnemis nigrivestis), Act of 1990, p. 4) Multiples of $100 are $0, you use a telecommunications devise for the deaf (TDD), call the Federal Chilean woodstar (Eulidia yarrellii), $100, $200.* * * medium tree finch (Camarhynchus The nearest multiple of $100 is therefore Information Relay Service (FIRS) at 800–877–8339. pauper), and the St. Lucia forest thrush $0. Rounded, the $27 increase = $0. (Cichlherminia lherminieri Step 5: Find the Inflation Adjusted Penalty SUPPLEMENTARY INFORMATION: After Rounding. sanctaeluciae). The court ordered the CMP after rounding = Original CMP + Background Service to issue proposed listing rules for these species by the end of 2008. Rounded Increase = $250 + $0 = $250. On May 6, 1991, we received a Step 6: Apply a 10% Ceiling if Necessary. On July 29, 2008 (73 FR 44062), we The penalty amount did not increase, so petition (1991 petition) from Alison published in the Federal Register a the 10% cap does not apply. Stattersfield, of the International notice announcing our annual petition Step 7: Determine New Penalty. Council for Bird Preservation (ICBP), to findings for foreign species (2008 The new minimum CMP = $250 list 53 foreign birds under the Act, ANOR). In that notice, we announced With respect to hazardous materials including the black-breasted puffleg that listing was warranted for 30 foreign violations, other than training violations, that (also referred to in this rule as ‘‘puffleg’’) bird species, including the black- occur on or after September 27, 2010, the that is the subject of this final rule. On minimum CMP remains $250. breasted puffleg, which is the subject of December 16, 1991, we made a positive this final rule. [FR Doc. 2010–18321 Filed 7–26–10; 8:45 am] 90–day finding and announced the BILLING CODE 4910–06–P initiation of a status review of the Summary of Comments and species included in the 1991 petition Recommendations (56 FR 65207). On March 28, 1994 (59 In the proposed rule published on DEPARTMENT OF THE INTERIOR FR 14496), we published a 12–month December 8, 2008 (73 FR 74427), we finding on the 1991 petition. In that requested that all interested parties Fish and Wildlife Service document, we announced our finding submit written comments on the that listing the remaining 38 species proposal by February 6, 2009. We 50 CFR Part 17 from the 1991 petition, including the received six comments on the proposed [FWS-R9-IA-2008-0116] black-breasted puffleg, was warranted rule. We received one comment from [90100-1660-1FLA B6] but precluded because of other listing the Center for Biological Diversity activity. supporting the proposed listing, three RIN 1018–AW38 Per the Service’s listing priority comments were from peer reviewers, guidelines (September 21, 1983; 48 FR and two other comments were received Endangered and Threatened Wildlife 43098), we identified the listing priority from the public that contained no and Plants; Determination on Listing numbers (LPNs) (ranging from 1 to 12) substantive information. We did not the Black-Breasted Puffleg as for all outstanding foreign species in our receive any requests for a public Endangered Throughout its Range; 2007 Annual Notice of Review (ANOR) hearing. Final Rule (72 FR 20184), published on April 23, Peer Review AGENCY: Fish and Wildlife Service, 2007. In that notice, the black-breasted Interior. puffleg was designated with a LPN 2 In accordance with our peer review and we determined that listing policy published on July 1, 1994 (59 FR ACTION: Final rule. continued to be warranted but 34270), we solicited expert opinion SUMMARY: We, the U.S. Fish and precluded. It should be noted that from three knowledgeable individuals Wildlife Service, determine endangered ‘‘Table 1 – Candidate Review,’’ in our with scientific expertise that included status under the Endangered Species 2007 ANOR, erroneously noted the familiarity with this species and its Act of 1973 (Act), as amended, for the black-breasted puffleg as having an LPN habitat, biological needs, and threats. black-breasted puffleg (Eriocnemis of 3. However, the correct LPN in 2007 We received responses from all three of nigrivestis), a hummingbird native to was 2, as discussed in the body of the the peer reviewers. Ecuador. notice (72 FR 20184, p. 20197). We reviewed all comments received from the peer reviewers for substantive DATES: This rule becomes effective Previous Federal Action issues and new information regarding August 26, 2010. On January 12, 1995 (60 FR 2899), we the proposed listing of this species. The ADDRESSES: This final rule is available reiterated the warranted-but-precluded peer reviewers generally concurred with on the Internet at http:// status of the remaining species from the our methods and conclusions and www.regulations.gov. Comments and 1991 petition, with the publication of provided additional information, materials received, as well as supporting the final rule to list the 30 African birds. clarifications, and suggestions to documentation used in the preparation We made subsequent warranted-but- improve the final listing determination. of this rule, is available for public precluded findings for all outstanding Peer reviewer comments are addressed

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in the following summary and Summary of Changes from Proposed Taxonomy incorporated into the final rule as Rule This species was first taxonomically appropriate. Several changes were made to update described by Bourcier and Mulsant in Peer Reviewer Comments or correct the taxonomy, biology, and 1852 and placed in Trochilidae as Trochilus nigrivestis (BLI 2009, p. 1). (1) Comment: One commenter life history of the species, and current areas where the species has been According to the Convention on indicated that climate change, mining International Trade in Endangered concessions, and competition from an sighted. The taxonomy section has been corrected to indicate the correct Species of Wild Fauna and Flora Ecuadorian hummingbird, the gorgeted (CITES) species database, the black- sunangel (Heliangelus strophianus), are taxonomic history for this species. Bourcier & Mulsant (1852) first breasted puffleg is also known by the threats that were not adequately synonym, Trichilus nigrivestis (UNEP- described black-breasted puffleg as addressed in the proposed rule. WCMC 2008b). Both CITES and BirdLife Trochilus nigrivestis rather than Our Response: We agree that these International recognize the species as Eriocnemis nigrivestis, as erroneously issues were not adequately addressed Eriocnemis nigrivestis (BLI 2007, p. 1; indicated in the proposed rule. and therefore, have addressed these UNEP-WCMC. 2008b, p. 1). The Service Additionally, one peer reviewer potential threats in the analysis below. follows the Integrated Taxonomic clarified that the species’ principal Climate change and interspecific Information System (ITIS 2008, p. 1) habitat is not necessarily Polyleps competition are addressed in the Factor which also recognizes the species as forest. During 2007 field work E analysis. Mining impacts are Eriocnemis nigrivestis; therefore, we mentioned in the 2008 Species Action addressed in the Factor A analysis accept the species as Eriocnemis Plan for the black-breasted puffleg (Jahn under Other Anthropogenic Factors. nigrivestis. and Santander 2008), researchers only (2) Comment: One peer reviewer found the species in habitat other than Habitat and Life History indicated that while the science in our Polylepis forest; therefore, we have proposed rule is generally correct, more Black-breasted pufflegs prefer humid updated this information and high-Andean montane forest such as recent research had been conducted and incorporated it into the analyses. The pointed out recent research papers. The elfin forests (generally forests at high species’ current known range has been elevations which contain stunted trees) peer reviewer also provided more recent updated to include recent sightings. information on where the species is and forest borders (Fjeldsa˚ and Krabbe currently found. Based on new information, we also 1990, p. 272; Jahn 2008, p. 29; Ridgely revised the threats analysis under factor and Greenfield 2001a, p. 373; Ridgely Our Response: We addressed this A with respect to the construction of a and Greenfield 2001b, p. 280). This comment in the analysis below by pipeline being constructed from the habitat is described as wet cloud forest: updating information such as the Amazon basin to Esmeraldas that was Grassy ridges surrounded by stunted species’ physical description, habitat thought to be in black-breasted puffleg montane forest with a dense understory specifics, current sightings and habitat. We also updated the Factor E (de Hoyo et al. 1999, p. 639). Altitudinal distribution, and food preferences. We analysis to include synergistic effects of migrants, the species is found between incorporated this new research (e.g., a El Nin˜ o and deforestation. 6,791 and 11,483 feet (ft) (2,070 – 4,570 small number of references pertaining to meters (m)) (del Hoyo et al. 1999, p. 639; life history) where appropriate. Species Information Fjeldsa˚ and Krabbe 1990, p. 272; Lyons (3) Comment: Two peer reviewers Species Description and Santander, 2006, p. 1; Ridgely and indicated that the population estimate Greenfield 2001a, p. 374). During the used in the proposed rule is low; they The black-breasted puffleg is endemic rainy season (November-February) the suggested that the population estimate to Ecuador and is a member of the species is found mainly at higher is more likely between 250 and 999 hummingbird family (Trochilidae). It is altitudes above 10,000 ft (3,100 m). It is individuals. approximately 3.25 inches (in) (8.5 found at lower elevations 9,006-10,000 Our Response: We agree and have centimeters (cm)) long (Fjeldsa˚ and ft (2,745-3,100 m) primarily between addressed this in the Population Krabbe 1990, p. 272; Ridgely and April and September (Fjeldsa˚ and Estimate section and analysis below. Greenfield 2001a, p. 373; Ridgely and Krabbe 1990, p. 272; del Hoyo et al. (4) Comment: Commenters suggested Greenfield 2001b, p. 280). The species is 1999, p. 639). The species’ preferred that the population trends estimate used locally known as ‘‘Calzadito pechinegro’’ habitat is mixed forest and forest edges in the proposed rule is not based on or ‘‘Zamarrito pichinegro’’ (United dominated by Ericacea plants at high current data and that the estimate Nations Monitoring ProgrammeWorld elevations (Guevara, pers. comm., Jahn should be correlated with habitat loss Conservation Monitoring Centre (UNEP- 2008, p. 34, Santander et al. 2004, pp. based on the species’ current known WCMC) 2008b, p. 1). The Black-breasted 8-9). locations. puffleg has distinctive white leg Most pufflegs, including the black- plumage (ergo, the name ‘‘puffleg’’), but breasted puffleg, are considered to be Our Response: We have updated the is distinctive among other species of generalist feeders (pollinators) (Ross and trends estimate based on more recently pufflegs due to a small, shiny blue Allmon 1990, pp. 356-357). The black- available data. Therefore, the final rule ‘‘gorget’’ (coloration below the throat breasted puffleg altitudinal migration incorporates the most current and best area). Males have entirely black coincides with the flowering of certain available information. upperparts, mostly blackish green plants during the rainy season. (5) Comment: Peer reviewers underparts, and dark steel-blue forked Palicourea huigrensis and Macleania suggested that we update the tails. Females have shiny, green upper rupestris (commonly referred to as information on the species’ food base. plumage, turning blue toward the tail, chamburo, chaquilulo, chogloń, chupa Our Response: We agree and have with golden-green underparts (BirdLife lulu´ n, colca macho, gualicoń, hualicoń updated this information in the Species International (BLI) 2007, p. 1). As with llucho, joyapa, quereme, sagalita, and Information, Habitat and Life History other puffleg hummingbirds, it has a yurac joyapa (New York Botanical section below. straight black bill. Garden 2009)) are commonly distributed

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throughout the species’ habitat. The 2008, pers. comm.). Following more best available information (BLI 2009, p. species has been frequently observed than 13 years without any observation 1). However, its range may be somewhat using Palicourea huigrensis (no of the species, the black-breasted puffleg larger due to recent sightings in other common name (NCN)) as its primary was rediscovered on Volcań Pichincha protected areas, and also because it may nectar source (Bleiweiss and Olalla in 1993 (Jahn 2008, p. 33; Phillips 1998, also exist in other suitable locations 1983, pp. 657-658; del Hoyo et al. 1999, p. 21). where it has not been sighted (Guevara pp. 530-531; Fjeldsa˚ and Krabbe 1990, 2009 pers. comm., Jahn & Santander Current Range and Distribution p. 272). The species also feeds on flower 2008, pp. 21-23). nectar of other shrubs and vines, Currently, the black-breasted puffleg Population Estimates including: Thibaudia floribunda (NCN), is known to occur in definitely two, but Disterigma sp. (NCN), Rubus sp. (NCN), possibly four, reserves all located north The black-breasted puffleg is believed Tropaeolum sp. (NCN), and Psychotria of Quito, Ecuador. The first area is the to be restricted to two to three uliginosa (NCN) (Bleiweiss and Olalla Yanacocha Reserve on the north side of subpopulations (Hacienda Verdecocha 1983, pp. 657-658; Collar et al. 1992, pp. Volcań Pichincha, approximately 12 is adjacent to the Yanacocha Reserve so 516-517; del Hoyo et al. 1999, pp. 530- miles (mi) (20 kilometers (km)) north of that is likely one combined population). 531; Phillips 1998, p. 21). The species Quito. The second area where it is Its total population size ranges from 200 has been observed feeding from at least known to occur is in the Cotacachi- to 270 individuals, with a declining 29 different plant species, including 8 Cayapas Ecological Reserve (below trend (BLI 2009, p. 1; Jahn 2008, p. 35). species of Ericaceae (Jahn and Cayapachupa in the Cordillera Recent research suggested that a more Santander 2008, p. 21). Black-breasted (mountain range) de Toisań), which is accurate estimate may be 250-999 pufflegs feed low in the shrubbery along 87 mi (140 km) north of Quito (Jahn individuals (Jahn and Santander 2008, forest margins, often while perched 2008, pers. comm.). Currently the p. 19); however, there are no supporting (Fjeldsa˚ and Krabbe 1990, p. 272; Yanacocha Reserve encompasses data for this estimate at this time. One Ridgely and Greenfield 2001b, p. 280). approximately 3,300 acres (ac) (1,300 additional subpopulation may exist on As recently as 1990, researchers were hectares (ha) (WorldLand Trust 2009). A Volcan Atacazo (Jahn and Santander unaware of the puffleg’s breeding habits third area where it may occur is in a 2008, p. 35), although it has not been (Fjeldsa˚ and Krabbe 1990, p. 272), and private reserve, Las Gralarias. This documented. BirdLife International, a there continues to be little information reserve is located in the Pichincha global organization that consults with (BLI 2007, p. 1). Del Hoyo et al. (1999, Province, two hours northwest of Quito, and assimilates information from p. 639) reported that the species breeds where this species was sighted in 2005 species experts, estimated that the from October to March, producing a and 2006 (Lyons and Santander, 2006, species has experienced a population clutch size of two, and that the female pp. 1-2; Schwartz 2006, as cited in Hull decline of between 50 and 79 percent in incubates the eggs. Based on the species’ 2009, p. 1). Las Gralarias is a 400ac the past 10 years, with more than 20 seasonal migration (del Hoyo et al. (162ha) reserve, at an elevation of 5,873 percent of this loss having occurred 1999, p. 639; Fjeldsa˚ and Krabbe 1990, 7,776 ft (1,790 2,370 m), the lowest within the past 5 years. (BLI 2007, p. 4). p. 272), breeding presumably occurs at elevation at which a black breasted This rate of decline is predicted to altitudes above 10,000 ft (3,100 m). puffleg has been seen. Another sighting continue (BLI 2009, p. 1). of this species occurred in 2007 in a Conservation Status Historical Range and Distribution fourth location, at Hacienda Historically, the black-breasted Verdecocha, a private reserve adjacent The black-breasted puffleg is puffleg inhabited the elfin forests along to the Yanacocha Reserve. Hacienda protected by various Federal, local, and the northern ridge-crests of both Volcań Verdecocha is approximately 2,396 ac international means. It is identified as a Pichincha and Volcań Atacazo in (970 ha) and likely contains black- critically endangered species under northwest Ecuador (BLI 2007, p. 2; breasted puffleg habitat (Jahn 2008, p. Ecuadorian law (Rodriguez 2002, p. 91). Fjeldsa˚ and Krabbe 1990, p. 272; Krabbe 33; Jahn & Santander 2008, p. 10). It is This species is also classified as et al. 1994, p. 9). Habitat loss has been unclear whether the birds at the ‘‘Critically Endangered’’ in the 2009 the primary cause of black-breasted Yanacocha Reserve and the Hacienda International Union for Conservation of puffleg decline (Philips 1998, p. 21, Verdecocha Reserve are the same Nature (IUCN) Red List. It has an Santander 2004, pp. 10-17) (see Factor population. The species’ current extremely small range, and the A). The number of specimens in existence at one other potential location population is restricted to possibly two museum collections taken in the 19th (Volcan Atacazo, approximately 15 mi or three locations (BLI 2009, p. 1, Jahn century up until 1950 is over 100, (25 km) southwest of Quito) has not and Santander 2008, p. 10). Critically suggesting the species was once more been verified for over 100 years. endangered is IUCN’s most severe common (Collar et al. 1992, p. 516). The The species occurs in temperate elfin category of extinction assessment, species appears to have been extirpated forests, generally at altitudes between which equates to extremely high risk of from Volcań Atacazo, but this has not 6,791 and 11,483 ft (2,070 – 4,570 m) extinction in the wild. IUCN criteria been verified (World Land Trust 2007, (Fjeldsa˚ and Krabbe 1990, p. 272; Jahn include rate of decline, population size, p. 3). On Volcań Atacazo, its presence & Santander 2008, p. 10; Ridgely and area of geographic distribution, and has not been confirmed since 1902. Greenfield 2001a, p. 373; Ridgely and degree of population and distribution There was a possible sighting of a Greenfield 2001b, p. 280). Volcań fragmentation. BirdLife International female at treeline (11,483 ft; 3,500 m) in Pichincha, where the species is known (BLI), which is cited throughout this 1983 but it has never been confirmed to occur, peaks at 15,699 ft (4,785 m) document, is the authority for birds on (BLI 2007, 2; Collar et al. 1992, p. 174; (Phillips 1998, p. 21). The current extent the IUCN Red List. The black-breasted del Hoyo et al. 1999, p. 639). of the species’ range is believed to be puffleg was listed on Appendix II of Confirmation of the species on Volcań between 27 mi2 (70 km2) and 54 mi2 CITES on October 22, 1998. Atacazo has not been possible because (139 km2) (BLI 2009; Jahn & Santander Additionally, in 2005, the mayor of there is a single landowner and access 2008, p. 8). This considers the suitable Quito, Ecuador, designated the puffleg to the area has not been allowed to habitat in two locations where the as its emblem. Lastly, several private confirm existence of the species (Jahn species is believed to occur based on the reserves provide protection to this

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species. Yanacocha Reserve, managed include human population pressures loss of 21.5 percent of forested habitat by Fundacion Jocotoco, a private such as clearing for agricultural since 1990 (Butler 2006, pp. 1-3; FAO nongovernmental organization in expansion and fires caused by slash- 2003, p. 1). Ecuador, was established around 2001 and-burn agricultural practices (Jahn Other Anthropogenic Factors: Habitat specifically to protect this species. The and Santander 2008, p. 24). destruction and pollution due to oil Yanacocha Reserve is managed for Habitat loss due to deforestation is the development and distribution ecotourism, environmental education, primary cause of black-breasted puffleg (Goodland 2002, pp. 16-17; Hirschfeld and conservation initiatives. declines (BLI 2009, p. 1; Philips 1998, 2007, pp. 178-179) and increased access p. 21). Current threats consist primarily and habitat destruction resulting from Factors Affecting the Species of deforestation due to use by local road development (Hirschfeld 2007, pp. Section 4 of the Act and its people for firewood, charcoal, and 178-179) have been indicated as other implementing regulations (50 CFR 424) agriculture (BLI 2009, p 2). threats to this species’ habitat. In the set forth the procedures for adding Deforestation activities also include proposed rule, we discussed that, in species to the Federal Lists of clearance of forested habitat for 2001, the Ecuadorian government Endangered and Threatened Wildlife commercial use or grazing (Hirschfeld agreed to construct a pipeline to and Plants. A species may be 2007, pp. 178-179). Habitat destruction transport heavy oil from the Amazon determined to be an endangered or and alteration also occur as a result of basin to Esmeraldas on the Pacific Coast threatened species due to one or more intentional fires to convert forested (Goodland 2002, pp. 16-17). The of the five factors described in section areas to pasture or cropland (Goodland environmental impact study (EIS) 4(a)(1) of the Act: (A) The present or 2002, pp. 16-17; Hirschfeld 2007, pp. conducted in 2001 revealed that the threatened destruction, modification, or 178-179; Phillips 1998, pp. 20-21). proposed route went through black- curtailment of its habitat or range; (B) Deforestation rates and patterns: The breasted puffleg habitat (Goodland 2002, overutilization for commercial, conversion of habitat significantly pp. 16-17). However, the EIS was done recreational, scientific, or educational increased between 1996 and 2001 almost 10 years ago. More recent purposes; (C) disease or predation; (D) compared with the period between 1982 satellite mapping shows that much of the inadequacy of existing regulatory and 1996. The ridge-crests within the the area that was previously puffleg mechanisms; or (E) other natural or range of the black-breasted puffleg are habitat is already destroyed, with little manmade factors affecting its continued relatively level. Local settlers have habitat remaining above 9,186 ft (2,800 existence. The five–factor analysis cleared the majority of forested habitat m). The puffleg is found at lower under the Act requires an analysis of within the species’ range for timber elevations 9,006-10,000 ft (2,745-3,100 current and future potential impacts to products (charcoal production) or m) primarily between April and the species. Listing actions may be converted it to potato cultivation and September. However, the species is warranted based on any of the above grazing (BLI 2009, p. 2, Bleiweiss and found mainly at higher altitudes 10,000 threat factors, singly or in combination. Olalla 1983, p. 656; del Hoyo 1999, pp. ft (3,100 m) above the altitude at which We evaluated the best available 530-531). Some ridges are almost the pipeline was constructed. Although scientific and commercial information completely devoid of natural vegetation, this pipeline was constructed, this under the five listing factors to and even if black-breasted pufflegs still occurred in the past and is not a current determine whether it met the definition occur in these areas, their numbers are or future threat. of endangered or threatened. Each of most likely quite low (BLI 2009, p. 2). The pipeline may pass through these factors is discussed below. Within the species’ range, aerial suitable puffleg habitat on the photographs of the northern and northwestern slope of Volca´n Pichincha A. The Present or Threatened western slopes of Volcan Pichincha (Jahn and Santander 2008, p. 17). Destruction, Modification, or between 1982 and 2001 showed a However this pipeline, in terms of its Curtailment of its Habitat or Range continued loss of forested area, while construction, is not a significant threat The black-breasted puffleg occurs on agricultural area increased by 24 percent impacting the black-breasted puffleg volcanic mountain ranges restricted to (Santander 2004, p. 10). because the pipeline construction elfin forests along the northern ridge- The areas outside of Reserves (see already occurred. There is no indication crests within 87 miles (140 km) Refugia) but still within the range of the that any other pipelines will be northwest of Quito, Ecuador (BLI 2007, black-breasted puffleg continue to be constructed in the black-breasted p. 2; Fjeldsa˚ and Krabbe 1990, p. 272; affected by habitat loss and puffleg’s range. There is the potential for Krabbe et al. 1994, p. 9). The species has fragmentation. An analysis of oil spill leaks, but the threat of this is not been confirmed on Volca´n Atacazo deforestation rates and patterns using minimal. Because the species is found since 1902 (BLI 2007, 2; Collar et al. satellite imagery in the western Andean mainly at higher altitudes in reserves 1992, p. 174), although it may have been slopes of Colombia and Ecuador was above the altitude of the pipeline, the sighted there in 1983 (Jahn 2008, p. 33). conducted. Researchers found that from puffleg habitat that potential oil spill The species occurs at altitudes between 1973 through 1996, a total of 82,924 ha leaks would likely affect is small. 6,791 and 11,483 ft (2,070 – 4,570 m) (204,909 ac) of tropical forests within Therefore, we find that neither the (Fjeldsa˚ and Krabbe 1990, p. 272; Jahn the area studied were converted to other pipeline, nor habitat destruction and & Santander 2008, p. 10, Ridgely and uses (Vin˜ a et al. 2004, pp. 123-124). pollution due to oil development are Greenfield 2001a, p. 373; Ridgely and This corresponds to a nearly one-third current or future threats to this species. Greenfield 2001b, p. 280, Santander total loss of primary forest habitat or a Mining was suggested to be a threat to 2008, p. 33). Within the current range of nearly 2 percent mean annual rate this species by a peer reviewer; the black-breasted puffleg, within the study area. More recent however, mining has not been found to approximately 93 percent of the habitat reports identified similar forest habitat be a threat to this species (also see has been destroyed, and the current losses in Ecuador. Between the years Factor D). Mining has been controversial extent of the species’ range is 1990 and 2005, Ecuador lost a total of in Ecuador and there has been pressure approximately 54 mi2 (139 km2) ((BLI 7.31 million ac (2.96 million ha) of from foreign mining companies to allow 2009, p. 1; Hirschfeld 2007, pp. 178-179; primary forest, which represents a 16.7 mining for resources such as copper and Jahn & Santander 2008, p. 8). Threats percent deforestation rate and a total diamonds. In March 2009, shortly after

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Ecuador’s new mining law was enacted, as orchids), and tourism were export of CITES-protected plants and the Confederation of Indigenous considered to have a minor impact animal species (also see Factor D). Trade Nationalities of Ecuador (CONAIE) filed within the Reserve (BLI 2007, p. 12). must be authorized through a system of a lawsuit stating that the country’s new However, the best available information permits and certificates that are mining law is unconstitutional because now indicates that if these practices still provided by the designated CITES it failed to consult with indigenous occur, they (1) occur outside of the Scientific and Management Authorities organizations whose territories will be reserves and (2) they do not occur to the of each CITES Party (CITES 2007). In the affected by a proposed activity (CONAIE degree that they threaten the continued United States, the U.S. Fish and 2009). Although the mining law is being or future existence of the species. Wildlife Service serves as the Scientific disputed, mining may be allowed for and Management Authorities. Summary of Factor A resources in Junı´n and Zamora, CITES provides varying degrees of Ecuador, to the west and southwest of The black-breasted puffleg prefers protection to more than 32,000 species Quito (Ecuador Mining News 2009, humid high-Andean montane forests at of animals and plants that are traded as Ecometals Ltd 2009). However, mining altitudes between 6,791 and 11,483 ft whole specimens, parts, or products. is not allowed in the two to three (2,070 – 4,570 m) (Jahn 2008, p. 10; Under CITES, a species is listed at one reserves where the black-breasted Ridgely and Greenfield 2001a, p. 373; of three levels of protection (i.e., puffleg is currently believed to exist. Ridgely and Greenfield 2001b, p. 280). regulation of international trade), which CONAIE, is working diligently to ensure The current populations are small and have different permit requirements that mining does not occur (CONAIE limited to a narrow elevational band in (CITES 2007). Appendix II includes 2009, Earthworks 2009). Mining does the volcanic mountains generally to the species requiring regulation of not appear to be a major factor north of Quito, existing in fragmented, international trade in order to ensure impacting the black-breasted puffleg; disjunct, and isolated habitat. Although that trade of the species is compatible therefore, we have determined that the species’ range is partly in at least with the species’ survival. International mining is not a threat to the species. two protected areas, the habitat around trade in specimens of Appendix-II We evaluated roads as a potential the reserves continues to be altered and species is authorized when the threat to the species. The existing destroyed by human activities. Further, permitting authority has determined subpopulations of black-breasted puffleg some of the protected areas are private that the export will not be detrimental appear to be concentrated in protected reserves which are not officially to the survival of the species in the wild areas (see Refugia below), which are not recognized by the Ministry of and that the specimens to be exported currently threatened by roads. Roads Environment (Jahn and Santander 2008, were legally acquired (UNEP-WCMC can destroy habitat, facilitate invasion p. 9), and their long term protection is 2008a, p. 1). by exotic species, expose birds to traffic not guaranteed. Efforts are under way to At times a species may be listed as hazards, and increase human access into restore and protect more suitable habitat endangered under the U.S. Endangered habitat, facilitating further exploitation for the species (Jahn 2008, p. 28). Species Act, and concurrently listed and habitat destruction (Hunter 1996, Outside of its refugia, the areas around under Appendix II of CITES, rather than pp. 158-159). However, in this case, the reserves is somewhat negatively the more restrictive Appendix I, which roads do not appear to be a major factor affected by tourism, local human does not allow commercial trade of wild impacting the black-breasted puffleg; pressures, roads, and invasive species specimens. Although CITES Appendix therefore, we have determined that associated with the reserves. II allows for commercial trade, in order roads are not a threat to the species. Nevertheless, we find that unintended for specimens of this species to be Refugia: Although reserves exist to consequences of refugia are not a threat traded internationally (i.e., exported protect species, reserves can also bring to the species. However, habitat from its country of origin), a with them unintended consequences. destruction, alteration, and conversion determination has to be made that (1) Reserves may have repercussions, such are key factors in the species’ historical The export will not be detrimental to as the potential to initiate additional decline and continue to be factors the survival of the species in the wild road development through species’ negatively affecting the status of the and (2) the specimen was legally habitat, and increase pressures on species outside of the Reserves where acquired. In this case, it is unlikely that species’ habitat from tourism (such as this species is found. Therefore, based a determination could be made that the the increase in pollution, trash, and on the best available information, we export would not be detrimental to the other waste). Reserves may also increase find that the present destruction, survival of the species in the wild. pressure to surrounding habitat by modification, and curtailment of habitat Between the time the puffleg was locals who supplement their income is a significant threat to the black- listed in CITES in 1987 and 2010, there through ecotourism, but who also may breasted puffleg. were 5 CITES-permitted international use the land detrimentally as described shipments containing 17 specimens of under factor A (Stem et al. 2003, pp. B. Overutilization for commercial, the black-breasted puffleg. These 322-347; Pitts 2010, pp. 86, 197). recreational, scientific, or educational shipments occurred between 1996 and Reserves, with their increased tourism, purposes 2002 (UNEP-WCMC 2008c, p. 1). can also cause an increase in invasive In 1987, the black-breasted puffleg According to the World Conservation species (FAO 2010, p. 1). was listed on Appendix II of CITES. Monitoring Centre trade data (UNEP- Several reserves exist with a primary CITES is an international agreement WCMC 2008c, p. 1), all of the CITES intention of protecting this species. In between governments to ensure that the transactions involved the transport of the proposed rule, we found that international trade of CITES-listed plant dead specimens. Nine were traded for Yanacocha Reserve was negatively and animal species does not threaten scientific purposes, six for commercial affected by human population species’ survival in the wild. There are purposes, and two were for personal pressures, including clearing for currently 175 CITES Parties (member use. Trade involving the United States agricultural expansion and fires caused countries or signatories to the included three specimens that were by slash-and-burn agricultural practices Convention). Under this treaty, CITES imported into the United States and (Philips 1998, p. 21). Hunting, Parties (signatories to the Convention) seven that were reexported from the extraction of nontimber resources (such regulate the import, export, and re- United States.

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Even though this species is listed Ecuador has numerous laws and of protected lands (e.g., national parks, under Appendix II of CITES, and regulations pertaining to forests and biological reserves, geo-botanical commercial trade is allowed, we believe forestry management. These include: reserves, bird reserves, wildlife reserves, that international trade controlled via The Forestry Act (comprised of Law No. etc.). As of 2006, the amount of valid CITES permits is not a threat to 74 of 1981 Forest Act and conservation protected land (both forested and non- the species. CITES adequately regulates of natural areas and wildlife (Faolex forested) in Ecuador totaled international trade because the export of 1981, p. 1-54), and Law No. 17 of 2004 approximately 11.5 million ac (4.67 Appendix II species requires the Consolidation of the Forest Act and million ha) (ITTO 2006, p. 228). determination that the export will not conservation of natural areas and However, only 38 percent of these lands be detrimental to the survival of the wildlife (Faolex 2004, pp. 1-29)); a have appropriate conservation measures species in the wild. Therefore, we find Forestry Action Plan (1991-1995); the in place to be considered protected that international trade does not pose a Ecuadorian Strategy for Forest areas according to international threat to the species. Sustainable Development of 2000 standards. The standards define these We are unaware of any other (Estrategia para el Desarrollo Forestal areas as areas that are managed for information currently available that Sostenible); and, Decree 346, which scientific study or wilderness addresses the occurrence of recognizes that natural forests are highly protection, for ecosystem protection and overutilization for commercial, vulnerable (ITTO 2006, p. 225). recreation, for conservation of specific recreation, scientific, or education However, the International Tropical natural features, or for conservation purposes that may be affecting the Timber Organization considered through management intervention black-breasted puffleg. There is no ecosystem management and (IUCN 1994, pp. 17-20). Moreover, only known historic or cultural use of this conservation in Ecuador, including 11 percent have management plans, and species by local populations. As such, effective implementation of mechanisms less than 1 percent (13,000 ha (32,125 we do not consider overutilization to be that would protect the black-breasted ac)) have implemented those a threat to the species. puffleg and its habitat, to be lacking management plans (ITTO 2006, p. 228). The black-breasted puffleg occurs in C. Disease or predation (ITTO 2006, p. 229). The governmental institutions only a few reserves (BLI 2009, p. 2; Jahn We are not aware of any occurrence responsible for oversight appear to be and Santander 2008, p. 33; Santander, et of disease or predation that may be under-resourced, and there is a lack of al. 2004, p. 1; World Land Trust 2007, causing a decline of the black-breasted law enforcement on the ground. Despite p. 1) in the Pichincha mountain range. puffleg. As a result, we do not consider the creation of a national forest plan, Some of the area is being managed for disease or predation to be a threat to the there appears to be a lack of capacity to ecotourism, environmental education, black-breasted puffleg. implement this plan due to insufficient and conservation initiatives, including D. The inadequacy of existing regulatory political support. There appears to be restoration (Fundacion Jocotoco 2006, p. mechanisms unclear or unrealistic forestry standards, 1). However, outside of the Reserves, inconsistencies in application of there are ongoing human population The black-breasted puffleg is regulations, discrepancies between pressures from expanding agriculture, identified as a critically endangered actual harvesting practices and forestry along with slash-and-burn agricultural species under Ecuadorian law and regulations, the lack of management practices (BLI 2009, pp. 1-2) (Factor A). Decree 3,516 of 2003–Unified Text of plans for protected areas, and high Thus, while black-breasted puffleg the Secondary Legislation of the bureaucratic costs. All these habitat is being protected in several Ministry of Environment (Ecolex 2003b, inadequacies have failed to prevent relatively small government and p. 36). Decree 3,516 summarizes the law ongoing habitat destruction, such as privately owned reserves, regulatory governing environmental policy in widespread unauthorized logging (ITTO mechanisms associated with protected Ecuador and provides that the country’s 2006, p. 229), forest clearing for land do not mitigate the impact of biodiversity be protected and used conversion to agriculture or grazing threats to the species’ habitat from primarily in a sustainable manner. (Bleiweiss and Olalla 1983, p. 656; del habitat loss and destruction. Appendix 1 of Decree No. 3,516 lists the Hoyo 1999, pp. 530-531; Hirschfeld The black-breasted puffleg is listed on Ecuadorian fauna and flora that are 2007, pp. 178-179), habitat destruction Appendix II of CITES. CITES, an considered endangered. Species are and alteration as a result of fire caused international treaty among 175 nations, categorized as critically endangered (En by slash-and-burn agriculture (Goodland including Ecuador and the United peligro critico), endangered (En peligro), 2002, pp. 16-17; Hirschfeld 2007, pp. States, entered into force in 1975. In the or vulnerable (Vulnerable) (Ecolex 178-179; Phillips 1998, pp. 20-21); and United States, CITES is implemented 2003b, p. 17). Resolution No. 105 of increased access and habitat destruction through the U.S. Endangered Species January 28, 2000, and Agreement No. resulting from road development Act (ESA). The Secretary of the Interior 143 of January 23, 2003, regulate and (Hirschfeld 2007, pp. 178-179). In has delegated the Department’s prohibit commercial and sport hunting addition, most of Ecuador’s forests are responsibility for CITES to the Director of all wild bird species, except those privately owned or owned by of the U.S. Fish and Wildlife Service specifically identified by the Ministry of communities (ITTO 2006, p. 224). The (USFWS) and established the CITES the Environment or otherwise permitted management and administration of Scientific and Management Authorities (Ecolex 2000, p. 1; Ecolex 2003a, p. 1). Ecuador’s forest resources and forest to implement the treaty. Under this The Ministry of the Environment does harvest practices is insufficient and treaty, member countries work together not permit commercial or sport hunting unable to protect against unauthorized to ensure that international trade in of the black-breasted puffleg because of forest harvesting, degradation, and animal and plant species is not its status as a critically endangered conversion (ITTO 2006, p. 229). Thus, detrimental to the survival of wild species (Ecolex 2003b, p. 17). However, Ecuadorian forestry regulations have not populations by regulating the import, we do not consider hunting (Factor B) mitigated the threat of habitat export, and re-export of CITES-listed to be a current threat to the black- destruction (Factor A). animal and plant species (USFWS 2008, breasted puffleg, so this law does not The Ecuadorian government p. 1). As discussed under Factor B, we reduce any threats to the species. recognizes 31 different legal categories do not consider international trade to be

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a threat impacting the black-breasted over 100 museum specimens suggests Gilpin and Soule´ 1986, p. 25; Holsinger puffleg. Therefore, protection under this that the species was more common and 2000, pp. 64-65; Soule´ 1987, p. 181). Treaty is an adequate regulatory more widespread than the currently The black-breasted puffleg’s restricted mechanism. known populations (BLI 2004, p. 2; range, combined with its small, Collar et al. 1994, p. 121). The black- declining population (BLI 2009, Summary of Factor D breasted puffleg inhabits a narrow unpaginated; del Hoyo et al. 1999, p. Ecuador has adopted numerous laws elevational strip between 6,791 and 639; Fjeldsa˚ and Krabbe 1990, p. 272; and regulatory mechanisms to 11,483 ft (2070 - 4570 m) (BLI 2010, p Krabbe et al. 1994, p. 9), makes the administer and manage its wildlife, 1; Fjeldsa˚ and Krabbe 1990, p. 272; species particularly vulnerable to the such as the black-breasted puffleg and Krabbe et al. 1994, pp. 8-9). Within the threat of adverse natural (e.g., genetic, its habitat. Under Ecuadorian law, the species’ range, aerial photographs of the demographic, or environmental) and black-breasted puffleg is listed as northern and western slopes of Volcan manmade (e.g., deforestation, habitat endangered and ranges partly within Pichincha between 1982 and 2001 alteration, fire) events that destroy two to three protected areas. As showed a continued loss of forested area individuals and their habitat (Harris and discussed under Factor A, habitat while agricultural area increased by 24 Pimm, 2008, p. 164; Holsinger 2000, pp. destruction, degradation, and percent (Santander, et. al. 2004, p. 10). 64-65; Primack 1998, pp. 279-308; fragmentation continue throughout the As indicated above, the current extent of Young and Clarke 2000, pp. 361-366). existing range of the black-breasted the species’ range is believed to be Due to lack of short- and long term puffleg. With respect to CITES, we between 27 mi2 (70 km2) and 54 mi2 viability of its existing population, we found that CITES is an adequate (139 km2). The total population is consider the black-breasted puffleg to be regulatory mechanism with respect to currently estimated to be 200-270 at risk of extinction. international trade or overutilization individuals, and believed to be in Climate Change: The (Factor B), and is not a threat to this decline (BLI 2010, p. 1). Intergovernmental Panel on Climate species. However, on-the-ground Change (IPCC) was established in 1988 enforcement of Ecuador’s laws and Rare species (i.e., species with small by the World Meteorological oversight of the local jurisdictions population sizes or restricted ranges) Organization and the United Nations implementing and regulating activities may be vulnerable to a variety of Environment Program in response to destructive to the species’ habitat are stochastic processes that can affect their growing concerns about climate change insufficient in conserving the black- risk of extinction on various timescales. and, in particular, the effects of global breasted puffleg or its habitat. Therefore, Whether a rare species may meet the warming. Although the extent of we find that the existing regulatory definition of a threatened or an warming likely to occur is not known mechanisms, as implemented, are endangered species under the Act with certainty at this time, the IPCC has inadequate to either eliminate or depends on the potential threats concluded that warming of the climate mitigate the primary threat of habitat involved, the probable timescale of the is unequivocal, and that continued destruction to the black-breasted potential threat, and the characteristics greenhouse gas emissions at or above puffleg. of the species and its habitat. Factors current rates will cause further warming can include the species’ dependence on (Meehl et al. 2007, p. 749). Eleven of the E. Other natural or manmade factors a specific habitat type and its inability 12 years from 1995 through 2006 rank affecting the continued existence of the to move away from a stressor or habitat among the 12 warmest years in the species degradation. Although the Trochilinae instrumental record of global surface Interspecific Competition: One peer hummingbirds tend to be food temperature since 1850 (IPCC 2007). reviewer suggested that another species generalists (Ross and Allmon 1990, pp. Climate-change scenarios estimate that of hummingbird, the gorgeted sunangel 356-357), the black-breasted puffleg is the mean air temperature could increase (Heliangelus strophianus), may be a restricted to a small geographic range. by more than 3 °C (5.4 °F) by 2100 (IPCC potential threat (Jahn 2008, pp. 34, 36- Rare species such as this puffleg that are 2007, p. 46). We recognize that there are 37) to the black-breasted puffleg. This experiencing declining populations and scientific differences of opinion on species occupies a similar ecological threats are particularly vulnerable to many aspects of climate change, niche and may be moving northward risks such as inbreeding depression, loss including the role of natural variability into the black breasted puffleg’s habitat of genetic variation, and accumulation in climate. We rely primarily on due to loss of suitable habitat. The of new mutations. Inbreeding can have synthesis documents (e.g., IPCC 2007) gorgeted sunangel consumes similar individual or population-level that present the consensus view of a plant species and is slightly larger in consequences, either by increasing the very large number of experts on climate size than the black-breasted puffleg. phenotypic expression (the outward change from around the world. We have Only one aggressive interaction between appearance or observable structure, found that these synthesis reports, as the species has been observed; however, function, or behavior of a living well as the scientific papers used in they both aggressively defend their organism) of recessive, deleterious those reports or resulting from those territories (Guevara 2009, pers. comm.). alleles or by reducing the overall fitness reports, represent the best available Loss of the gorgeted sunangel’s habitat of individuals in the population scientific information we can use to may exacerbate the threat posed to the (Charlesworth & Charlesworth 1987, p. inform our decision. puffleg in the form of competition from 231; Shaffer 1981, p. 131). Small, However, climate change models that the gorgeted sunangel moving upward isolated populations of wildlife species are currently available are not yet able in altitude into the black-breasted are also susceptible to demographic to make meaningful predictions of puffleg’s range. problems (Shaffer 1981, p. 131), which climate change for specific, local areas Small, Declining Population Size: The may include reduced reproductive (Parmesan and Matthews 2005, p. 354). black-breasted puffleg population has success of individuals and skewed sex We do not have models to predict how declined primarily as a result of habitat ratios. Once a population is reduced the climate in the range of this bird loss (Bleiweiss and Olalla 1983, pp. 656- below a certain number of individuals, species will change, and we do not 661; BLI 2009, p. 1; Collar et al. 1992, it can tend to rapidly decline towards know how any change that may occur pp. 516-517) (Factor A). A collection of extinction (Franklin 1980, pp. 147-148; would affect these species. However,

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models and research suggest that high elevations, it has been suggested and loss (Brook et al. 2008, p. 1). climate change is an additional stress there may no longer be habitat for this Competition with other species and an for species such as the black breasted species. The higher elevations could increase in invasive plant species, puffleg that are already threatened by potentially be affected by the synergistic which could outcompete the black- other environmental changes to their effects of drought, El Nin˜ o, and forest breasted puffleg’s food sources, are habitats (McCarty 2001, p. 325; Brook et fires as discussed above. Plant nectar other potential stressors. Warmer al 2008, pp. 453-454). Warming has and other food sources upon which the temperatures and greater concentrations been predicted to occur to a greater black-breasted puffleg depends may of atmospheric carbon dioxide will degree in the higher altitudes than in require a particular humidity level that likely cause changes in the plant species the lower altitudes (Bradley 2006, p. 1). is associated with cloud forest composition in this species’ habitat, as Although we do not find that climate conditions. Conditions associated with well as likely shift the black-breasted change, in and of itself, is a threat to the this shift in elevation include possible puffleg altitudinal distribution (Jahn species, a discussion of the synergistic physiological changes and changes in 2008). However, this species is a effects of El Nin˜ o, deforestation, and species assemblages in part due to generalist feeder and has been seen in drought follows. phenology (when plants bloom based on lower elevations in reserves and Regional and localized models are temperature and daylight), all of which protected areas. We believe that the less prevalent and sometimes absent could potentially affect the black above stresses to the species are with respect to climate change. Research breasted puffleg’s fitness (Foden et al buffered by the establishment of has been conducted with respect to the 2008, pp. 1-5). These potential changes reserves and protected areas for this interactions between El Nin˜ o and act in concert with other threats to the species. deforestation and how it affects species such as habitat loss and The black-breasted puffleg is montane cloud forests (Laurance 1998, degradation, magnifying the synergistic currently restricted to possibly three p. 413, Laurance and Williamson 2001, effects on this species. However, several small and declining populations within p. 1529; Still 1999, p. 608). From this reserves exist for the explicit protection a small geographic range. The limited research, we can predict how increases of black breasted puffleg habitat. availability of suitable habitat makes it in temperature due to climate change Because these reserves exist and contain vulnerable to genetic and demographic may subsequently interact with other large swaths of protected forested risks that negatively impact the species’ stressors. In ecosystems such as the one habitat (believed to be at least 6,096 ac/ short- and long-term viability. The where the black breasted puffleg exists, 2,467 ha), the threat of drought and species’ population size has declined mountains are frequently shrouded in forest fires is ameliorated. Therefore, we considerably within the past 10 years trade wind clouds and mist in do not consider the synergistic effects of (50-79 percent), and this rate of decline combination with rainfall. This habitat drought, El Nin˜ o, and forest fires to have is expected to continue. Other threats to type is termed tropical montane cloud a significant impact on the species’ the species include possible forest. Many features of these habitat now or in the foreseeable future. competition and displacement by the ecosystems, such as vegetation Invasive species. An increase in the Gorgeted sunangel, displacement of the morphology, are related to cloud atmospheric concentration of carbon black-breasted puffleg’s food sources by formation. One of the most significant dioxide (CO2) has implications beyond nonnative invasive plant species, and characteristics is horizontal those associated with warming genetic isolation due to habitat precipitation, where frequent cloud temperatures. The change in CO2 may fragmentation and isolation of small cover is the deposition of cloud droplets increase the ability of invasive plant populations. on vegetation (Laurance and Williamson species to outcompete native plant Based on the best available 2001, p. 1529; Still 1999, p. 608). species on which the black-breasted information, we have determined that Fragmented forests, such as the one puffleg feeds. Higher concentrations of the species is particularly vulnerable to where the black breasted puffleg exists, CO2 may be favorable to invasive plant the threat of adverse natural (e.g., are more susceptible to droughts in El species (Smith et al. 2000, pp. 79-82). genetic, demographic) and manmade Nin˜ o years (Laurance and Williamson Emissions of CO2, considered to be the events (introduction of invasive species 2001, p. 1529). With increased most significant anthropogenic and drought and fires caused by habitat deforestation, plant evapotranspiration greenhouse gas, increased due to human loss and destruction) that destroy is reduced, subsequently causing a activities by approximately 80 percent individuals and their habitat. The decrease in rainfall, which could in turn between 1970 and 2004 (IPCC 2007, p. genetic and demographic risks are increase the vulnerability of the forest to 36). CO2 emissions from energy use exacerbated by the manmade factors. fire. Researchers suggest that there may have been projected to increase by 40 to Therefore, we find that other natural or be a deforestation threshold (Laurance 110 percent between 2000 and 2030 manmade factors are threats to the and Williamson 2001, p. 1529). All of (IPCC 2007, p. 44). We therefore expect continued existence of the black- these stressors act synergistically, and continuing production of atmospheric breasted puffleg. warming climate could exacerbate the CO2, at or above current levels, as Conclusion and Determination likelihood of drought and subsequent predicted, to contribute to the spread of forest fire (Foden et al. 2008, pp. 1-4). invasive plant species and have a We have carefully assessed the best The relationship between El Nin˜ o (and detrimental impact on the species’ scientific and commercial information increased El Nin˜ o events), deforestation, habitat. available regarding the past, present, drought, and forest fires all interacting and future threats to the black-breasted synergistically increase the likelihood of Summary of Factor E puffleg. The extreme lack of data for this increased severity in drought and forest Projected climate change and its species makes it difficult to discern a fires (Laurance 1998, p. 413). associated consequences (change in trend in population numbers with Research suggests that birds are species composition, distribution, and statistical confidence. We believe it is moving northward to cooler climates in elevation) has the potential to affect the reasonable to infer that the trend is response to climate change (Sorte and black-breasted puffleg. Warmer downward; the best available scientific Jetz 2008, pp. 865, 866). In part, because temperatures may interact with other and commercial data suggest that over the black breasted puffleg’s habitat is at stressors such as habitat degradation the past two decades, this species has

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likely significantly declined in continue to be factors in the black- breasted puffleg. These prohibitions, abundance. breasted puffleg’s decline. The impacts pursuant to 50 CFR 17.21, make it There are three primary factors of habitat loss are exacerbated by the illegal for any person subject to the impacting the continued existence of inadequacy of existing regulatory jurisdiction of the United States to the black-breasted puffleg: (1) Habitat mechanisms (Factor D) and the species’ ‘‘take’’ (take includes: Harass, harm, destruction, fragmentation, and already small and declining population pursue, hunt, shoot, wound, kill, trap, degradation (factor A); (2) limited, size, making the black-breasted puffleg capture, or to attempt any of these) declining population size and isolation particularly vulnerable to natural and within the United States or upon the of remaining subpopulations (factor E); human factors (e.g., genetic isolation high seas, import or export, deliver, and (3) inadequate regulatory and possible inbreeding, and the receive, carry, transport, or ship in mechanisms (factor D). The black- introduction of invasive species) (Factor interstate or foreign commerce in the breasted puffleg, a small hummingbird E). We consider the threats to the black- course of a commercial activity, or sell with two to three subpopulations, breasted puffleg to be equally present or offer for sale in interstate or foreign occupies a narrow range of distribution, and of the same magnitude throughout commerce, any endangered wildlife preferring temperate elfin forests at the species’ current range. Based on the species. It also is illegal to possess, sell, altitudes of between 6,791 and 11,483 ft best available scientific and commercial deliver, carry, transport, or ship any (2,070 and 4,570 m). The species is an information regarding the past, present, such wildlife that has been taken in altitudinal migrant, spending the and potential future threats faced by the violation of the Act. Certain exceptions breeding season (November-February) in black-breasted puffleg, this species apply to agents of the Service and State the humid elfin forest and the rest of the warrants protection under the Act, and conservation agencies. year at slightly lower elevations based we determine that the black-breasted on available food sources. puffleg is endangered throughout its Permits may be issued to carry out The primary threat to this species, range. otherwise prohibited activities widespread deforestation, has led to involving endangered and threatened habitat loss. Conversion of primary Available Conservation Measures wildlife species under certain forests to human settlement and Conservation measures provided to circumstances. Regulations governing agricultural uses has led to the species listed as endangered or permits are codified at 50 CFR 17.22 for fragmentation of habitat throughout the threatened under the Act include endangered species and 17.32 for range of the black-breasted puffleg and recognition, requirements for Federal threatened species. With regard to isolation of the remaining populations. protection, and prohibitions against endangered wildlife, a permit must be Its habitat, which is already disturbed certain practices. Recognition through issued for the following purposes: For and fragmented, continues to be altered listing results in public awareness, and scientific purposes, to enhance the by anthropogenic factors such as habitat encourages and results in conservation propagation or survival of the species, alteration, introduction of invasive actions by Federal and State and for incidental take in connection species, and habitat destruction and governments, private agencies and with otherwise lawful activities. fragmentation as a result of local groups, and individuals. sustenance use, particularly agriculture. Section 7(a) of the Act, as amended, Required Determinations Although the puffleg is listed as a and as implemented by regulations at 50 National Environmental Policy Act critically endangered species under CFR part 402, requires Federal agencies (NEPA) (42 U.S.C. 4321 et. seq.) Ecuadorian law and part of its range to evaluate their actions within the occurs within a protected area, United States or on the high seas with We have determined that implementation of existing regulatory respect to any species that is proposed Environmental Assessments and mechanisms are inadequate to protect or listed as endangered or threatened, Environmental Impact Statements, as the species (Factor D), as they have been and with respect to its critical habitat, defined under the authority of the ineffective in curbing the primary threat if any is being designated. However, National Environmental Policy Act of to the black-breasted puffleg, which is given that the black-breasted puffleg is 1969, need not be prepared in habitat loss or alteration (Factor A). not native to the United States, no connection with regulations adopted The total population size of the black- critical habitat is being proposed for pursuant to section 4(a) of the Act. A breasted puffleg is estimated to range designation with this rule. notice outlining our reasons for this from 200 to 270 adult individuals, with Section 8(a) of the Act authorizes determination was published in the a declining trend. The black-breasted limited financial assistance for the Federal Register on October 25, 1983 puffleg’s restricted range, combined development and management of (48 FR 49244). with its small population size, makes programs that the Secretary of the the species particularly vulnerable to Interior determines to be necessary or References Cited the threat of adverse natural (e.g., useful for the conservation of genetic, demographic, or environmental) endangered and threatened species in A complete list of all references cited and manmade (e.g., deforestation, foreign countries. Sections 8(b) and 8(c) in this proposed rule is available on the habitat alteration, fire) events that of the Act authorize the Secretary to Internet at http://www.regulations.gov destroy individuals and their habitat. encourage conservation programs for or upon request from the Endangered The population of this species has foreign endangered species and to Species Program, Branch of Listing, U.S. declined between 50 and 79 percent in provide assistance for such programs in Fish and Wildlife Service (see FOR the past 11 years. More than 20 percent the form of personnel and the training FURTHER INFORMATION CONTACT). of this loss occurred within the past 6 of personnel. Author(s) years, including the possible local The Act and its implementing extirpation of the species from Volca´n regulations set forth a series of general The primary authors of this final rule Atacazo. These rates of decline are prohibitions and exceptions that apply are the staff of the Endangered Species expected to continue. Habitat to all endangered and threatened Program, Branch of Foreign Species, destruction, alteration, conversion, and wildlife. As such, these prohibitions U.S. Fish and Wildlife Service (see fragmentation (Factor A) have been and would be applicable to the black- ADDRESSES section).

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List of Subjects in 50 CFR Part 17 Code of Federal Regulations, as set forth ■ 2. Amend § 17.11(h) by adding a new below: entry for ‘‘Puffleg, black-breasted’’ in Endangered and threatened species, alphabetical order under BIRDS, to the Exports, Imports, Reporting and List of Endangered and Threatened recordkeeping requirements, Wildlife, to read as follows: Transportation. PART 17—[AMENDED] ■ 1. The authority citation for part 17 § 17.11 Endangered and threatened wildlife. Regulation Promulgation continues to read as follows: ■ Accordingly, we amend part 17, Authority: 16 U.S.C. 1361-1407; 16 U.S.C. * * * * * subchapter B of chapter I, title 50 of the 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99- 625, 100 Stat. 3500; unless otherwise noted.

Species Vertebrate population where Historic range endangered Status When listed Critical habitat Special rules Common name Scientific name or threatened

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BIRDS

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Puffleg, black- Eriocnemis Ecuador, Entire E 767 NA NA breasted nigrivestis South Amer- ica

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Dated: June 29, 2010 DATE: This final rule is effective August published promptly in the Federal Jeffrey L. Underwood, 26, 2010. Register. If we find that the petition has Acting Director, U.S. Fish and Wildlife ADDRESSES: The supporting file for this presented substantial information Service. rule is available for public inspection, indicating that the requested action may [FR Doc. 2010–18018 Filed 7–26–10; 8:45 am] by appointment, during normal business be warranted (a positive finding), BILLING CODE 4310–55–S hours, Monday through Friday, in Suite section 4(b)(3)(A) of the Act requires us 400, 4401 N. Fairfax Drive, Arlington, to commence a status review of the Virginia 22203. species if one has not already been DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: initiated under our internal candidate Janine Van Norman, Chief, Branch of assessment process. In addition, section Fish and Wildlife Service Foreign Species, Endangered Species 4(b)(3)(B) of the Act requires us to make Program, U.S. Fish and Wildlife Service, a finding within 12 months following 50 CFR Part 17 4401 N. Fairfax Drive, Room 420, receipt of the petition on whether the requested action is warranted, not [Docket No. FWS-R9-IA-2008-0108] Arlington, VA 22203; telephone 703- 358-2171; facsimile 703-358-1735. If you warranted, or warranted but precluded [90100-1660-1FLA B6] use a telecommunications device for the by higher-priority listing actions (this deaf (TDD), call the Federal Information finding is referred to as the ‘‘12–month RIN 1018-AW01 Relay Service (FIRS) at 800-877-8339. finding’’). Section 4(b)(3)(C) of the Act requires that a finding of warranted but SUPPLEMENTARY INFORMATION: Endangered and Threatened Wildlife precluded for petitioned species should and Plants; Final Rule to List the Background be treated as having been resubmitted Medium Tree-Finch (Camarhynchus In this final rule, we determine on the date of the warranted but pauper) as Endangered Throughout Its precluded finding, and is therefore Range endangered status for the medium tree- finch (Camarhynchus pauper) under the subject to a new finding within 1 year AGENCY: Fish and Wildlife Service, Act. and subsequently thereafter until we Interior. take action on a proposal to list or Previous Federal Actions withdraw our original finding. The ACTION: Final rule. Section 4(b)(3)(A) of the Act requires Service publishes an annual notice of SUMMARY: We, the U.S. Fish and us to make a finding (known as a ‘‘90– resubmitted petition findings (annual Wildlife Service (Service), determine day finding’’) on whether a petition to notice) for all foreign species for which endangered status for the medium tree- add, remove, or reclassify a species from listings were previously found to be finch (Camarhynchus pauper) under the the list of endangered or threatened warranted but precluded. Endangered Species Act of 1973, as species has presented substantial On May 6, 1991, we received a amended (Act). This species is native to information indicating that the petition (hereafter referred to as the Floreana Island, one of the Galapagos requested action may be warranted. To 1991 petition) from the International Islands in Ecuador. This rule the maximum extent practicable, the Council for Bird Preservation (ICBP), to implements the protections of the Act finding shall be made within 90 days add 53 species of foreign birds to the list for this species. following receipt of the petition and of Threatened and Endangered Wildlife

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(50 CFR 17.11(h)), including the taxa for listing under the Act is information on the medium tree finch’s medium tree-finch that is the subject of warranted. In order to comply with the nesting success between 2004 and 2008; this final rule. In response to the 1991 recent court-order, the medium tree- indicating that between 4 and 8 percent petition, we published a positive 90– finch was included as one of the 30 taxa of nests produced fledglings. day finding on December 16, 1991 (56 for which listing is warranted. Our Response: This information has FR 65207), for all 53 species, and been considered and incorporated into Summary of Comments and announced the initiation of a status the rulemaking as appropriate. review. On March 28, 1994 (59 FR Recommendations Comment 2: Three commenters 14496), we published a 12–month In the proposed rule published on supported the proposed listing. finding on the 1991 petition, along with December 8, 2008 (73 FR 74434), we Our Response: While general support a proposed rule to list 30 African birds requested that all interested parties of a listing is not, in itself, a substantive under the Act. In that document, we submit written comments on the comment that we take into proposed listing 15 of the 53 bird proposal by February 6, 2009. We consideration as part of our five-factor species included in the 1991 petition, received six comments. We received a analysis, we appreciate the support of and announced our finding that listing comment from the Center for Biological these commenters. Support is important the remaining 38 species from the 1991 Diversity supporting the proposed to the conservation of foreign species. petition, including the medium tree- listing. Three comments received were Comment 3: One commenter finch, was warranted but precluded from peer reviewers, and two other suggested that tourist visitation to the because of other listing activity. comments were received from the Scalesia highlands (the preferred habitat On May 21, 2004 (69 FR 29354), and public that contained no substantive of the Medium Tree finch) increased April 23, 2007 (72 FR 20184), we information. We did not receive any more than tenfold since 2004, indicating published in the Federal Register requests for a public hearing. that there has been an increase in the notices announcing our annual petition During the comment period for the number of bus rides and highland tours. findings for foreign species. In those proposed rule, we received three Our Response: We acknowledge that notices, we made warranted but comments containing substantive tourism may be increasing on Floreana precluded findings for all outstanding information. No comments in Island; however, no supporting foreign species from the 1991 petition, opposition of the rule were received. All information was provided with the including the medium tree-finch which substantive information provided comment for corroboration. The United is the subject of this final rule. during the comment period has either Nations Educational, Scientific, and Per the Service’s listing priority been incorporated directly into this final Cultural Organization (UNESCO) 2007 guidelines (September 21, 1983; 48 FR determination or addressed below. report indicated that visitation has 43098), our 2007 annual notice of New clarifying information, grown in Galapagos from 40,000 in 1991 review (ANOR) (April 23, 2007; 72 FR particularly concerning the degree of to over 120,000 in 2006 (pp. 9-10). This 20184) identified the listing priority threat by the parasitic fly (Philornis is discussed in factor B, below. numbers (LPNs) (ranging from 1 to 12) downsi) and confirmation of the success Comment 4: One commenter provided for all outstanding foreign species, of the goat eradication program, was additional information on this species, including the medium tree-finch, which provided by one peer reviewer and has specifically three research papers — two was designated with an LPN of 11. The been incorporated into this finding. published in 2008 and the other in medium tree-finch does not represent a 2007— regarding the avian parasite monotypic genus. As reported in the Peer Review discussed in factor C below. 2007 ANOR, the magnitude of threat to In accordance with our peer review Our Response: The Service has the species was moderate as the species policy published on July 1, 1994 (59 FR reviewed the research, and the was common in the forested highlands 34270), we solicited expert opinion information has been considered and and its habitat had not been highly from four knowledgeable individuals incorporated into the rulemaking as degraded. The immediacy of threat was with scientific expertise that included appropriate. nonimminent because the species’ familiarity with the medium tree-finch habitat is protected by the area’s and its habitat, biological needs, and Summary of Changes from Proposed national park and World Heritage Site threats. We received responses from Rule status. three of the peer reviewers. A commenter pointed out a On January 23, 2008, the United We reviewed all comments received typographical mistake, which we have States District Court ordered the Service from the peer reviewers for substantive corrected. Santa Maroa Island was to propose listing rules for five foreign issues and clarifying information corrected to Santa Marı´a Island. We also bird species, actions which had been regarding the listing of the medium tree- updated the clutch size to clarify that it previously determined to be warranted finch. The peer reviewers generally is generally between two and three for but precluded: The Andean flamingo concurred with our methods and this species, rather than between two (Phoenicoparrus andinus), black- conclusions and provided additional and four, which was the size indicated breasted puffleg (Eriocnemis nigrivestis), clarifications and suggestions to in the proposed rule. Additionally, the Chilean woodstar (Eulidia yarrellii), improve the final rule. Peer reviewer medium tree-finch population estimate medium tree-finch (Camarhynchus comments are addressed in the and trend has been updated in this pauper), and the St. Lucia forest thrush following summary and incorporated document (see Species Information (Cichlherminia herminieri into this final rule as appropriate. below). sanctaeluciae). The court ordered the Service to issue proposed listing rules Public Comments Species Information for these species by the end of 2008. Comment 1: Three independent The medium tree-finch On July 29, 2008 (73 FR 44062), we specialists agreed that our description (Camarhynchus pauper) is endemic to published in the Federal Register a and analysis of the biology, habitat, Floreana Island in the Galapagos notice announcing our annual petition population trends were accurate and Islands, Ecuador (Harris 1982, p. 150; findings for foreign species. In that agreed generally with our conclusions. Sibley and Monroe 1990, p. 771; notice, we announced that proposing 30 One researcher provided recent BirdLife International (BLI) 2010). This

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species is one of the 14 species of comm.) and O’Connor et al. (2009, p. blankets the highlands) keeps the area Darwin’s finches, collectively named in 862), the population density of the well watered during the cool season recognition of Charles Darwin’s work on medium tree-finch is declining. (Jackson 1985, p. 61; Fitter et al. 2000, the theory of evolution (Grant 1986, p. O’Connor et al found (2008a) density of p. 137). Currently, 12 to 17 km2 (4.6 to 6). It is approximately 12.5 centimeters the species decreased from 154 birds/ 6.6 mi2) of Scalesia-dominated forest is (cm) (5 inches (in)) in length (Harris km2 (59 birds/mi2) in 2004 to 60 birds/ believed to remain (O’Conner et al. 1982, p. 150; BLI 2010). Medium tree- km2 (23 birds/mi2) in 2008. 2008; p. 8). finches have wings and tails that are In 1996, Stotz et al. considered the On Floreana, other common trees in short and rounded, and often hold their relative abundance of the species to be the Scalesia zone are the endemic trees tails slightly cocked in a wren-like ‘‘common’’ (1996, p. 262). BirdLife Croton scouleri (Gala´pagos croton) and manner (Jackson 1985, p. 188). Males International currently estimates the Zanthoxylum fagara (lime prickly-ash). have a black head, neck, and upper population to be between 1,000 and Dominant plant species include breast (Harris 1982, p. 150; Jackson 2,499 birds (2010, p. 1). In 2006, Fessl Phoradendron henslowii (mistletoe), the 1985, p. 188; Fitter et al. 2000, p. 78), et al. reported that there were about 300 shrub Macraea laricifolia, and and an underside that is gray-brown, breeding pairs remaining on Floreana introduced fruit species such as Citrus and white or yellowish in color (BLI (2006a, p. 745). In another study, limetta, Passiflora edulis, and Psidium 2010). Their tail and back are olive researchers compared bird abundance guajava (Christensen and Kleindorfer green (Fitter et al. 2000, p. 78). Females survey data from 2004 and 2008 in order 2008, p. 5). Beneath the top of the have a head that is more gray-brown to estimate the population density of the canopy, epiphytes (plants that live on (BLI 2010), and a body that is generally medium tree-finch in the highlands of another plant without causing harm to olive-green above and pale yellowish Floreana (O’Connor et al. 2008, 20 pp). the host plant) cover trunks, branches, below (Fitter et al. 2000, p. 78). It is Based on the results of their study, twigs, and even leaves of some plant similar to the large and small tree- O’Connor et al. (2008, p. 1) estimate that species (Wiggins and Porter 1971, p. 24; finches of the same genus, but differs the total medium tree-finch population Fitter et al. 2000, p. 137). Common from the large tree-finch (Camarhynchus in 2008 consisted of 860 to 1,220 epiphytes found in the Scalesia zone are 2 psittacula) primarily due to its individuals (an average of 72 birds/km mosses, liverworts, ferns, Peperomia, 2 significantly smaller and less parrot-like (28 birds/mi )) observed in their prime bromeliads (such as Tillandsia), and beak, and from the small tree-finch habitat. Their study also showed that orchids (Wiggins and Porter 1971, pp. (Camarhynchus parvulus) because of its the population density of the species 22, 24; Jackson 1985, p. 60; Fitter et al. 2 larger beak (Harris 1982, p. 150; BLI overall decreased from 154 birds/km 2000, p. 137). Epiphytes are a prominent 2 2 2010). It is also known as the Charles (59 birds/mi ) in 2004 to 60 birds/km feature of the moist zones of the 2 tree-finch, the Santa Marı´a tree-finch, (23 birds/mi ) in 2008 (pp. 6-7). Galapagos Islands because of the large amount of time that clouds and mist and the Floreana tree-finch (Sibley and Habitat and Life History cover the upper reaches of the higher Monroe 1990, p. 771). This is due to the Floreana, one of the 19 principal fact that the island of Floreana is also islands (Fitter et al. 2000, p. 137). islands that make up the Galapagos In 1996, researchers reported that the referred to as Charles Island or Santa archipelago (McEwen 1988, p. 234), is elevational zone in which the medium Marı´a Island, the official Spanish name 173 km2 (67 mi2) in area, and has a tree finch is most common is ‘‘Hill of the island (Harris 1973, p. 265; Grant maximum elevation of 640 meters (m) Tropical,’’ described as hills and lower 1986, Appendix). The species is locally (2,100 feet (ft)) (Swash and Still 2005, p. slopes in the altitude range of 500 – 900 known as ‘‘Pinzo´ n Mediano de a´ rbol’’ 10). m (1,640 – 2,953 ft) (Stotz et al. 1996, (Castro and Phillips 1996, p. 130). The medium tree-finch mainly occurs pp. 121, 262). The species reaches its The species was first taxonomically in the moist highland forests (i.e., the minimum elevation in relatively low- described by Ridgeway in 1890 (Sibley Scalesia zone, named for the dominant relief lowland areas and its maximum and Monroe 1990, p. 771). Sulloway tree species, Scalesia spp., found in this elevation at 600 m (1,969 ft) (Stotz et al. (2008a, pers. comm.) recently conducted zone) (Stewart 2006, p. 193; Kleindorfer 1996, p. 262). As a result, one can infer an analysis of the relative numbers of 2007, p. 796), primarily above 300 m from this data that the medium tree- tree-finch specimens in the California (984 ft) (Castro and Phillips 1996, p. finch is predominantly found at the Academy of Sciences’ collections, 130). The Scalesia zone begins at an highest end of its elevational compared with the frequencies found by altitude of 180 - 200 m (591 - 656 ft), distribution, between 500 and 600 m Dr. Sonia Kleindorfer between 2000 and and ends at approximately 600 m (1,968 (1,640 and 1,969 ft). 2006. Sulloway found that the ft) ((Wiggins and Porter 1971, p. 22; These researchers found that the population of the medium tree-finch did Stephenson 2000, p. 34). On Floreana, medium tree-finch forages at more than not significantly change for over a the medium tree-finch’s habitat is a lush one level within its habitat; specifically, century, during which time settlers and evergreen cloud forest dominated by they noted that it can be found foraging introduced animals and plants were Scalesia pedunculata (daisy tree), the from the understory (undergrowth) to present on Floreana (2008b, pers. largest of the 20 species of Scalesia the canopy (Stotz et al. 1996, pp. 120, comm.). Sulloway’s analysis indicates found in the Galapagos, (Jackson 1985, 262). Camarhynchus species were found that the medium tree-finch is much less p. 95; Fitter et al. 2000, p. 137). Scalesia to spend a little less than 25 percent of common today than it was prior to 1961 form dense stands with S. pedunculata their time foraging at the ground level, (Sulloway 2008a, pers. comm.). frequently reaching 15 m (49 ft) in while spending the majority of their Specifically, the chance of seeing a height, and 20 m (66 ft) or more given time foraging above ground (Bowman medium tree-finch today is good environmental conditions 1963, p. 132). The medium tree-finch approximately 25 percent less than it (Wiggins and Porter 1971, p. 22; Fitter uses its powerful tip-biting bill to search would have been more than 50 years et al. 2000, p. 137). A large amount of under twigs and foliage, probe crevices ago, as compared to the likelihood of the Scalesia zone has been destroyed on in the bark of trees, and cut into tough spotting a large or small tree-finch the inhabited islands. The zone is the woody tissues in search of insect larvae (Sulloway 2008a, pers. comm.). As best area for agriculture because the (Bowman 1963, pp. 117, 125), which is reported by Sulloway (2008a, pers. garu´ a (dense sea mist that sometimes its primary food source (Bowman 1963,

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p. 121). The species also feeds, to a already showing signs of serious continues to decline due to the factors lesser extent, on seeds (Bowman 1963, population decline (1996, p. 262). described below. p. 121), nectar, young buds, and leaves Summary of Factors Affecting the Agriculture and Ranching (Castro and Phillips 1996, p. 130). Species The medium tree-finch prefers to Birds, such as the medium tree-finch, forage and nest in the tree Scalesia Section 4 of the Act (16 U.S.C. 1533) are currently facing problems in the pedunculata (O’Connor et al. 2009, p. and its implementing regulations at 50 highlands of inhabited islands like 855). Its clutch size is generally between CFR 424, set forth the procedures for Floreana due to the extensive two and three (Fessl et al 2006a, p. 740, adding species to the Federal Lists of destruction and degradation of habitat Dudaniec et al. 2007, pp. 326-327; Endangered and Threatened Wildlife as a result of agriculture (Castro and O’Connor et al. 2009, p. 855). The nests and Plants. A species may be Phillips 1996, pp. 22-23; Fitter et al. of Darwin’s finches are similar in determined to be an endangered or 2000, p. 74; BLI 2010). On Floreana, the threatened species due to one or more highlands (or Scalesia zone) cover an construction from one species to 2 2 another: the male builds a dome-shaped of the five factors described in section area of approximately 21 km (8 mi ) nest, made from twigs, grass, pieces of 4(a)(1) of the Act. The five listing factors (O’Connor et al. 2008, pp. 2-3). Within are: (A) The present or threatened this highland forest, approximately 4 bark, lichens, feathers, and other 2 2 materials, with a small, round side destruction, modification, or km (1.5 mi ) has been cleared for entrance (Jackson 1985, p. 191). In a curtailment of its habitat or range; (B) agriculture (O’Connor et al. 2008, p. 8). overutilization for commercial, study of the nesting success of the small Agriculture is concentrated at higher recreational, scientific, or educational elevations because of the availability of tree-finch in the highlands of Santa Cruz purposes; (C) disease or predation; (D) richer soil and greater moisture Island in the Galapagos, Kleindorfer the inadequacy of existing regulatory (Schofield 1989, p. 233). The Scalesia (2007, p. 796) found that all nests were mechanisms; and (E) other natural or zone is the richest zone in terms of soil located 6 to 10 m (20 to 33 ft) above the manmade factors affecting its continued fertility and productivity (Jackson 1985, ground, on horizontal branches of existence. Below is an analysis of these p. 61), and therefore has been Scalesia pedunculata, and were five factors. extensively cleared for agricultural and positioned by interweaving surrounding cattle ranching purposes (Grant 1986, p. smaller twigs and leaves. A. The Present or Threatened Destruction, Modification, or 30; Harris 1982, p. 37; Jackson 1985, pp. Range and Distribution Curtailment of its Habitat or Range 61, 233). Stotz et al. (1996) found that the medium tree-finch forages in In 1982, Harris reported that the Floreana has the longest history of multiple strata, including the species was common in the highlands human habitation of any of the understory (p. 262). When the forest is on Floreana and uncommon to rare on Galapagos Islands (Schofield 1989, p. cleared, as is done with agriculture and the coast (p. 150). Although the current 229; Fitter et al. 2000, p. 207). It was ranching, the understory layer is range of the medium tree-finch is first settled in 1832, 3 years before destroyed which, can have a negative officially estimated to be 23 km2 (9 mi2) Darwin’s historic visit (Jackson 1985, p. effect on the species (Stotz et al. 1996, (BLI 2010), which encompasses the 3; Stewart 2006, pp. 55, 68). With p. 121). entire highland area of Floreana, the human settlement came changes to the medium tree-finch is restricted to habitat on Floreana, including clearing Introduced Species fragmented forest patches within the of native vegetation for agriculture and Introduced species are currently highlands. The actual available habitat ranching, as well as the introduction of considered a major threat to the native has been estimated to be approximately nonnative animals and plants (Grant et species of the Galapagos Islands 2 2 4 to 17 km (4.5 to 6.5 mi ) (O’Connor al. 2005, p. 501). (Causton et al. 2006, p. 121; Fitter et al. et al. (2008, p. 8; O’Connor et al. 2009, The medium tree-finch prefers to nest 2000, p. 218). Since the early 1800s, p. 856). and forage in the tree Scalesia humans have introduced animals and Conservation Status pedunculata (O’Connor et al. 2009, p. plants to the Galapagos Islands that 856). Currently, S. pedunculata only have threatened the native vegetation The medium tree-finch is identified as occurs in small patches in the highlands (Schofield 1989, pp. 227, 233). These a critically endangered species under of Floreana because much of the are further discussed below. Ecuadorian law, Decree No. 3,516– highlands have been cleared for Unified Text of the Secondary agriculture, destroyed by introduced Animals Legislation of the Ministry of mammals, and outcompeted by invasive When settlers arrived in the Environment (ECOLEX 2003b). As of plants (O’Connor et al. 2008, p. 2). Galapagos Islands, they brought with 2010, this poorly known species is Although the Galapagos National Park them domestic animals, some of which considered ‘‘Critically endangered’’ by covers 97 percent of the land in the escaped and started feral populations the International Union for Galapagos Islands, a disproportionate (Jackson 1985, p. 233). On Floreana, Conservation of Nature (IUCN). This is amount of the limited moist highlands introduced livestock animals include because it (1) has a very small range, (2) falls in the remaining 3 percent (Stewart goats (Capra hircus), donkeys (Equus is restricted to a single island, and (3) 2006, p. 105), meaning the majority of asinus), cattle (Bos taurus), and pigs recent information suggests that it is the medium tree-finch’s habitat is (Sus scrofa domesticus) (Christensen declining rapidly due to the parasite unprotected. A large amount of the and Kleindorfer 2008, pp. 383-391; Philornis downsi. (BLI 2010, p. 1). highlands has been cleared or altered for Jackson 1985, p. 232). These animals In 1996, in a review of neotropical farming. Much of it has been further impact the island by significantly birds, Stotz et al. described the degraded or destroyed by the altering the habitat. Goats and donkeys conservation priority for the medium introduction of animals and plants damage vegetation by trampling and tree-finch as ‘‘high.’’ During this review, (Stewart 2006, p. 105). Currently, only grazing to the point where native plants they defined this species as 12 to 17 km2 (4.5 to 6.5 mi2) of habitat are not able to regenerate as easily as ‘‘threatened,’’ which generally equated for the medium tree-finch remains in before. Wild pigs dig up and eat plant to range or habitat restriction, and the highlands of Floreana, and it roots. (Schofield 1989, pp. 229-233;

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Grant et al. 2005, p. 501). This impact, species consisting of Scalesia plants (Hoeck 1984, as cited in in addition to predation of endemic pedunculata, Zanthoxylum fagara, and Schofield 1989, p. 232). species by introduced cats (Felis catus) Psidium galapageium, in addition to the Eradication Programs: Since the and introduced black rats (Rattus rattus) forest understory (Schofield 1989, p. Galapagos National Park and the Charles (discussed under Factor C), have been 229). On Floreana, Schofield reported Darwin Foundation were established in linked with the extinction of at least that approximately 77 percent of the 1959, efforts to control and eradicate four bird species on the island of plant species other than cacti were introduced animals have been ongoing Floreana: the large ground finch either reduced in number or completely (Galapagos Conservancy n.d.(a)). In (Geospiza magnirostris), the sharp eliminated by goats ((1989, p. 229). As 1965, the Charles Darwin Research beaked ground finch (Geospiza discussed in detail below, however, Station began the first eradication difficilis), the Floreana mockingbird eradication programs have significantly program to rid the Galapagos island of (Nesomimus trifasciatus) (Christensen reduced the goat population on Floreana Santa Fe´ of goats (Fitter et al. 2000, p. and Kleindorfer 2008, pp. 383-391; Island. Grant et al. 2005, p. 501; Harris 1982, 218). Ten years after the program began, Cattle: Cattle were introduced to the last goat was culled and now, the pp. 36-37; Sulloway 1982, pp. 68-69, 88- Floreana in 1832 (Hoeck 1984, as cited 89), and most recently the warbler finch vegetation on the island has recovered in Schofield 1989, p. 231). Initially, and native species are beginning to (Certhidea fusca) (Grant et al. 2005, p. cattle were kept at lower elevations, but 501). thrive once again (Fitter et al. 2000, p. with inadequate moisture available in 218). Over the years, many of these Introduced animals magnify the the lower zones, they were allowed to detrimental effects of clearing large control programs have been successful move into the highlands (Kastdalen in eradicating introduced animals from areas of native vegetation on Floreana 1982, p. 9). Cattle trample and heavily for agriculture and ranching (Grant some of the Galapagos Islands including graze native vegetation (Hamann 1981 ridding Santiago Island of 25,000 feral 1986, p. 30), by further degrading and and Van der Werff 1979, as cited in pigs (Smith 2005, p. 305), removing destroying the habitat (Grant et al. 2005, Schofield 1989, p. 231). When allowed goats from Espan˜ ola, Plaza Sur, Santa p. 501). The habitat of the medium tree- to roam freely through highland forests, Fe, Marchena and Ra´bida Islands (Smith finch continues to be altered by they essentially destroy the understory 2005, p. 305), and the very successful herbivore degradation caused by free- layer (Stotz et al. 1996, p. 121). On ‘‘Project Isabela,’’ which recently ranging domestic livestock (BLI 2010; Santa Cruz Island, cattle inhibited eliminated goats from Pinta, donkeys Jackson 1985, p. 110; Lawesson 1986, p. growth of Scalesia pedunculata and goats from northern Isabela, and 12). Lawesson (1986) reported that the (Kastdalen 1982, p. 8). Schofield (1989) donkeys, goats, and pigs from Santiago Scalesia forest on Floreana is under the reports that no organized effort has been Island (Galapagos Conservancy n.d.(b)). most immediate threat from introduced made to eliminate cattle, but restrictions animals (p. 13). by the Galapagos National Park Service As a result of the success of Project Goats: Of all the introduced animals encourage ranchers to fence in herds on Isabela, the Charles Darwin Foundation in the Galapagos Islands, goats are the Floreana (p. 232). However, cattle still is planning and implementing several most destructive (Fitter et al. 2000, p. projects in partnership with the 218; Schofield 1989, p. 227). Goats were stray into native vegetation to graze Galapagos National Park Service, probably introduced to the Galapagos (Schofield 1989, pp. 232, 234). including eradication of goats and Islands in the 19th century by whalers, Donkeys: In 1887, large numbers of donkeys from Floreana (Charles Darwin fisherman, and pirates, who were donkeys (Equus asinus) were seen Foundation n.d.(c)). In December 2006, looking for an alternative source of meat grazing on hillsides and at the summit the Galapagos National Park started a (Charles Darwin Research Station 2008a; on Floreana (Slevin 1959, as cited in Fitter et al. 2000, p. 218). They were Schofield 1989, p. 232). By 1932, project with the goal of restoring the also brought to the islands by settlers as donkeys had already tramped out ecology of Floreana (Galapagos livestock (Charles Darwin Research regular paths through the vegetation on Conservation Trust News 2007). The Station 2008a). Goats are able to adapt Floreana (Wittmer 1961, as cited in first phase of ‘‘Project Floreana’’ was to to varying conditions extremely well Schofield 1989, p. 232). On Santa Cruz, eradicate some of the introduced and therefore they thrive at all Kastdalen (1982) noted that they animals, such as goats and donkeys, in elevations in the Galapagos Islands followed cattle into the humid order to stop the continuing degradation (Schofield 1989, p. 229), from the arid highlands (p. 9). Studies have shown of the vegetation of the island and allow lowlands to the moist highlands (Fitter that donkeys on Floreana have depleted some of the native and endemic plant et al. 2000, p. 218). They have a rapid some populations of Scalesia spp. and species to recover (Galapagos reproductive rate, which has allowed Alternanthera nesiotes, another Conservation Trust News 2007). From their population to flourish at the endemic plant (Eliasson 1982, p. 10). As the experience gained during Project expense of native animals and discussed in detail below, however, Isabela, the program was able to vegetation (Jackson 1985, pp. 232-233). eradication programs have significantly eradicate 98 percent of the donkeys and Goats destroy native vegetation by reduced the donkey population on goats on Floreana in 22 days (Galapagos eating plants down to the ground (Smith Floreana Island. Conservation Trust News 2007). Due to 2005, p. 304), converting forests into Pigs: Pigs (Sus scrofa) have lived in the removal of these invasive species, it barren grasslands and causing erosion the Galapagos Islands for over 150 years is expected that within the next few (Charles Darwin Research Station (Schofield 1989, p. 232). In 1835, years the benefits to the ecosystem on 2008a). Because goats are able to eat a Darwin remarked upon the many wild Floreana will be seen (Galapagos variety of vegetation, they have quickly pigs he observed in the forests on Conservation Trust News 2007). This eaten their way across an island (Smith Floreana (Schofield 1989, p. 232). Pigs will result in an increase in native flora 2005, p. 304). A study of goats on live primarily at higher elevations, and fauna, and the repopulation of Santiago Island in the Galapagos where abundant forage is available year- native flora and fauna in areas showed that at higher elevations, round (Schofield 1989, p. 232). Pigs previously destroyed on Floreana by browsing by goats had eliminated young destroy native vegetation (Jackson 1985, herbivore degradation (Galapagos trees of the dominant forest overstory p. 233) directly by digging up and eating Conservation Trust News 2007).

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Plants p. 233). Once guava becomes to eliminate goats and donkeys from On Floreana, small populations of established in an open habitat, it grows Floreana, we are not aware of any Scalesia forest still exist in the quickly and shades seedlings of native current programs to remove cattle and highlands, but these areas are under species like Scalesia pedunculata, thus pigs from the island. As a result, these pressure and competition from preventing their growth (Parque species will continue to destroy and agriculture and the aggressive Psidium Nacional Gala´pagos n.d.(a); Perry 1974, degrade the habitat of the species. guajava (guava) and Lantana camara p. 12). Therefore, we find that the medium (Lawesson 1986, p. 13). Introduced One obvious step to take in order to tree-finch is at significant risk by the plants outcompete native vegetation, minimize the further spread of guava is habitat destruction of the moist taking sun, water, and nutrients from to fence cattle (De Vries and Black, p. highland forests of Floreana, as a result 19; Tuoc 1983, p. 25). Although some native species (Smith 2005, p. 304). of agriculture and introduced species. residents have already done this, herds Agriculture is concentrated at higher of free-ranging cattle are unable to be B. Overutilization for Commercial, elevations because of the rich soil and restricted in this manner (Schofield Recreational, Scientific, or Educational moisture available in these areas. As a 1989, pp. 233-234). In 1971, a campaign Purposes result, escapes by introduced was started to cut down guava trees on agricultural plants are more frequently We are not aware of any scientific or Santa Cruz Island (Schofield 1989, p. found in the humid highland forests commercial information that indicates 234). One report indicated that over (Schofield 1989, p. 233). Schofield that overutilization of the medium tree- 95,000 guava trees had been eliminated found that accidental escape of finch for commercial, recreational, between 1980 and 1981 (Tuoc 1983, p. introduced plant species, as well as the scientific, or educational purposes poses 25). Schofield suggested that this a threat to this species. There is no purposeful introduction of these program should be expanded to other species, has altered the highland habitat known use by collectors or hunters of islands with large populations of guava this species. A comment received on the where tree-finches occur (1989, pp. 233- ((1989, p. 234). 235). Christensen and Kleindorfer found proposed rule suggested that tourist Other Plant Species: Floreana is also visitation to the Scalesia highlands (the that the medium tree-finch frequently impacted by other introduced plant forages on introduced fruit species preferred habitat of the Medium Tree species. Lantana camara was finch) increased more than tenfold since (2008, pp. 383-391). This observation introduced as an ornamental on may suggest that the species is able to 2004. The commenter indicated that Floreana in 1832, and now covers 3,000 there has been an increase in the adapt to and potentially benefit from ha (7,413 ac) (Parque Nacional this change in its environment number of bus rides and highland tours. Gala´pagos n.d.(a)). A quickly spreading However, no corroborating data was (Christensen and Kleindorfer 2008, pp. tropical shrub, that displaces native 383-391). These researchers did not provided with the comment. A UNESCO vegetation, it is now found on Floreana 2007 report on the Galapagos Islands observe any species of tree-finch, from the arid region up to the Scalesia including the medium tree-finch, did indicate that visitation has grown in forest (Hamann 1984, as cited in Galapagos from 40,000 in 1991 to over nesting in an introduced plant species Schofield 1989, p. 234). Citrus trees (Christensen and Kleindorfer 2008, pp. 120,000 in 2006 (pp. 9-10). This (Citrus spp.) have been reported as included all Galapagos islands, and the 383-391). However, a further study by ‘‘common’’ (Eliasson 1982, p. 11) and O’Connor et al. (2008, p. 17) found that increase mentioned an increase in have invaded the native vegetation at tourist boats. There was no specific the majority (99 percent) of nests built higher elevations on Floreana (Eliasson by medium tree-finches were mention of Floreana Island. According 1982, p. 11; Porter 1973, p. 276). Cattle to this report, tourism is being constructed in native species, Scalesia and pigs aide in the further spread of pedunculata (83 percent), Zanthoxylum monitored at many levels in Ecuador. citrus trees (Citrus spp.) by feeding on The unintended negative effects are fagara (14 percent), and Croton scouleri the fruits and dispersing seeds in new (2 percent), with 1 percent of the nests recognized and are being addressed locations (Wittmer 1961, as cited in (UNESCO 2007, Annex 3, pp. 1-3). built in the introduced species, guava. Schofield 1989, p. 234). Guava: The cultivated guava, with its Although tourism may be increasing on edible fruits, is the most widespread Summary of Factor A Floreana Island, a review of the best introduced plant species in the The medium tree-finch is found available information does not indicate Galapagos Islands (Schofield 1989, p. primarily in the moist highland forests that tourism is a threat to this species. 233). Guava has been characterized as (i.e., the Scalesia zone) on the island of As a result, we are not considering out of control and invading vast areas of Floreana. Since the island was first overutilization a contributing factor to native vegetation in the humid settled in 1832, the habitat of the the continued existence of the medium highlands on Floreana (Eckhardt 1972, medium tree-finch has been cleared for tree-finch. p. 585; Eliasson 1982, p. 11; Tuoc 1983, agriculture and ranching, and further C. Disease or Predation p. 25). It is an aggressive introduced degraded by introduced animals and plant that covers 8,000 ha (19,768 ac) on plants. Herbivores, such as goats, Disease Floreana (Parque Nacional Gala´pagos donkeys, cattle, and pigs, destroy the The discovery of an introduced n.d(a)). The dispersal of guava is aided species’ habitat by trampling and parasitic fly (Philornis downsi) on by introduced cattle, which eat the grazing heavily on native vegetation, Floreana Island has raised significant fruits and then wander from the farm including Scalesia pedunculata, the tree concerns about the impact this parasite into the National Park and excrete the primarily used by the medium tree- is having on the medium tree-finch seeds in their dung (De Vries and Black finch for nesting and foraging. In (Fessl et al. 2006b, p. 59; Wiedenfeld et 1983, p. 19; Tuoc 1983, p. 25). In addition, cattle and pigs help to spread al. 2007, p. 17; Dudaniec et al. 2008; addition, as cattle graze, they trample introduced plants, such as guava and O’Connor et al. 2009, p. 853). This other vegetation, providing the open citrus trees, by feeding on the fruits and parasite was recently added to the spaces and abundant light needed for depositing the seeds into native IUCN’s Global Invasive Species the germination of guava seeds (Van der vegetation. Although an eradication Database (O’Connor et al. pp 864-865). Werff 1979, as cited in Schofield 1989, program was started in December 2006 In March 1997, Fessl, Couri, and

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Tebbich first observed the presence of P. as adult flies (Dudaniec and Kleindorfer juvenile survival (Magrath 1991, pp. downsi in the nests of Darwin’s finches 2006, p. 16; Fessl et al. 2006b, p. 56). 343-344; Tinbergen and Boerlijist 1990, on the Galapagos Islands (Fessl and P. downsi occurs in finch nests on pp. 1123-1124). As a result, Fessl et al. Tebbich 2002, p. 445). Since then, Floreana (Wiedenfeld et al. 2007, p. 17), (2006b, p. 59) concluded that the results researchers have found that P. downsi and has been shown to significantly of their study showed that given the may cause up to 100 percent mortality lower fledgling success of the finches significant difference in body mass to exposed nestlings (Dudaniec and (Fessl and Tebbich 2002, pp. 448-450). between the two groups, parasitized Kleindorfer 2006, p. 17). This parasite is A number of studies have associated nests will likely provide less believed to be the most significant threat Philornis spp. parasitism with mortality recruitment into the breeding to the medium tree-finch (Causton et al., (Fessl and Tebbich 2002, p. 448), and population. Further, because species 2006; p. 125; O’Connor et al. 2009, p. reductions in nestling growth and with small broods have been found to 853). development (Fessl et al. 2006b, p. 58), suffer higher parasite loads and higher P. downsi was sampled by the and a reduction in hemoglobin levels nestling mortality (Fessl and Tebbich entomologists S.B. and J. Peck and B.J. (Dudaniec et al. 2006, p. 88). In Causton 2002, pp. 445, 449-450), infestation of P. Sinclair in 1989, although the fly was et al.’s proposed ranking system, P. downsi on species with naturally low not formally identified until the downsi was given the highest clutch sizes, such as the medium tree- collections were examined in detail in invasiveness ranking affecting fauna finch, is of particular concern (Fessl et 1998 (Fessl et al. 2001, p. 318; Fessl and endemic to the Galapagos Islands, al. 2006b, p. 59). Tebbich 2002, p. 445). However, it now because this insect seriously impacts Dudaniec et al. found a significant appears that P. downsi was present in species of high conservation value in negative correlation between P. downsi the Galapagos Islands at least 40 years the Galapagos (Causton et al. 2006, pp. parasite intensity and hemoglobin ago. It was recently identified from 123, 134). The ranking system was concentrations (2006, pp. 88, 90, 92). collections made on Santa Cruz Island based on species’ trophic functional She also found a positive correlation in 1964 (Causton et al. 2006, pp. 134, role, distribution in Galapagos, and between parasite intensity and 143). We are not aware of any history of invasiveness in areas other immature red blood cell counts in small information indicating when P. downsi than the Galapagos Islands. ground finches studied on Santa Cruz In 2002, 97 percent of finch nests may have been introduced to the island and Floreana Islands. Small ground were infected with the P. downsi of Floreana. finch nestlings with higher P. downsi parasite on Santa Cruz Island, both in densities suffered from lower P. downsi is a fly (Muscidae) from a the lower arid zone and the higher hemoglobin concentrations and reduced genus of obligate bird parasites (Couri Scalesia zone of the island (Fessl and fledging success (Dudaniec et al. 2006, 1985, as cited in Fessl and Tebbich Tebbich 2002, p. 449). Parasitism by P. p. 92). Furthermore, nestlings with 2002, p. 445; Fessl et al. 2001, p. 317), downsi caused complete brood loss in lower parasite intensity had higher and depends on a host for its survival. approximately 19 percent of the infected hemoglobin levels and increased The adult fly is free-living, non- finch nests and partial brood loss fledging success (Dudaniec et al. 2006, parasitic, and feeds on fruits, flowers, (defined as the loss of one or two p. 93). The same researchers also found and decaying material (Fessl et al. 2001, nestlings) in an additional 8 percent of a negative correlation between the p. 317; Fessl et al. 2006b, p. 56). Larvae the finch nests studied (Fessl and number of immature red blood cells and of P. downsi belong to the group of Tebbich 2002, p. 448). They also found hemoglobin levels in nestlings (2006, p. external blood feeders – first, second, that in parasitized nests, the percentage 92). The fitness impacts to nestlings of and third instar (developmental stage) of successful fledglings differed lower hemoglobin levels are significant larvae are haematophages which suck significantly depending upon brood (Dudaniec et al. 2006, p. 93). Other blood from nestlings at night and then size: Nests with only one nestling researchers found that 6 of 63 monitored retreat to the bottom of the nest during always failed, nests with two nestlings nests produced fledglings (O’Connor et the day (Dodge and Aitken 1968 and successfully fledged nestlings 50 al. 2008, p. 1). The results of another Skidmore 1985, as cited in Fessl et al. percent of the time, and nests with three study showed that low hemoglobin 2006b, p. 56). Adult flies lay eggs inside or four nestlings successfully fledged levels in nestlings reduce the transport the nasal cavities of newly hatched nestlings 75-85 percent of the time of oxygen to tissues (O’Brien et al. 2001, nestlings (usually one to three days old). (Fessl and Tebbich 2002, p. 448). p. 75). These fly eggs then hatch into first In 2006, nesting success in the Thus, fledglings that are anemic instar larvae (Fessl et al. 2006a, p. 744; medium tree-finch was examined for the (hemoglobin deficient) from parasite Muth 2007, as cited in Dudaniec at al. first time (Fessl et al. 2006a, p. 746). In feeding may have a reduced ability to 2008). As the larvae reach their second an experimental study conducted on sustain flight and consequently a instar stage, they exit the nasal cavities Santa Cruz Island, researchers found reduced ability to escape predators and of nestlings and begin to live as nest- that high mortality of nestlings was find food (O’Brien et al. 2001, p. 75). dwelling haematophagous larvae (Fessl directly attributable to parasitism by P. The high hemoglobin levels found by et al. 2006a, p. 744). Second and third downsi, as evidenced by a near threefold Dudaniec et al. in mature birds, instar larvae of P. downsi seem to be increase in fledgling success in a combined with their observation that exclusively external (Fessl et al. 2006b, parasite-reduced group (87 percent) adult finches were never found to be p. 59), feeding on the blood and tissues versus a parasite-infested control group actively parasitized, suggests that adult of nestlings (Dudaniec and Kleindorfer (34 percent) (pp. 58-59). They also birds are not physiologically affected by 2006, pp. 15-16). The majority of larvae found that within four days, mass gain P. downsi (2006, p. 92). Fessl et al. reach their third instar stage at the time was significantly higher (an almost reported extremely high levels of blood of host fledging (Dudaniec at al. 2008, twofold positive difference) in the loss in nestlings (18 to 55 percent) p. 5). At this stage, the larvae of P. parasite-reduced group than in the caused by P. downsi larvae ((2006a, p. downsi detach from the nestling and parasite-infested control group (Fessl et 745). Daily blood loss over 10 percent is form their pupae at the bottom of the al. 2006b, p. 58). In studies of other likely to have negative impacts on nesting material, remaining for avian species, fledgling body mass has nestlings, including health problems approximately 2 weeks before emerging been found to be a key factor for and developmental deficiencies, while

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blood loss over 25 percent would Although it appears that the fly does biological control approaches for P. become lethal (Kaneko, pers. comm., as more poorly in dry conditions (either in downsi (Charles Darwin Foundation cited in Gold and Dahlsten 1983, p. the lowland, arid zone of islands, or n.d.(c)). In 2008, CDF received $58,000 569). during drought), birds similarly do more for Phase I of the CDF Priority Project Another study of tree-finches in the poorly in these situations (Wiedenfeld ‘‘Control of the parasitic fly P. downsi’’ highlands of Floreana showed that the et al. 2007, p. 18). In addition, during (Charles Darwin Foundation 2008b, medium tree-finch had the highest P. years of abundant rainfall when birds 2008c). This project studies the biology downsi parasite intensity (an average of breed more successfully, the flies are and life history of P. downsi, aiding in 52 parasites per nest), compared to the also likely to be more plentiful and the development of effective, long-term small and large tree-finches (O’Connor therefore, can cause higher mortality control methods that will not harm et al. 2009, pp. 853–866). Of 63 active (Wiedenfeld et al. 2007, p. 18). other species (Charles Darwin medium tree-finch nests, only 16 nests Researchers believe that finches do Foundation 2008b). CDF reports that had nestlings that survived to six days not suffer from any type of endemic control methods are urgently needed to post-hatching, and only 4 nests haematophagous ectoparasite (Fessl et eliminate the threat of extinction among produced fledglings (O’Connor et al. al. 2006b, p. 56). Therefore, medium bird species, such as the medium tree- 2009, pp. 853-866). Most nests failed to tree-finches have not developed an finch, affected by this parasite (Charles produce fledglings: Approximately 68.8 adaptive response to this kind of Darwin Foundation 2008b). A recent percent (11 of 16) of medium tree-finch introduced pathogen (Altizer et al. 2003, study reported that sterile insect nests suffered total brood loss, while pp. 593, 594). Because the medium tree- technique (SIT) may be effective in 18.8 percent (3 of 16) of nests had finch is newly parasitized by P. downsi, controlling this parasite (Dudaniec et partial brood loss (O’Connor et al. 2009, it may experience significant initial al., 2010, p. 582); however, it has not pp. 853-866). P. downsi larvae or pupae mortality since the host has not yet been fully tested. were found in 100 percent (16 of 16) of developed a strong behavioral or medium tree-finch nests, and all immunological defense mechanism Predation nestlings had P. downsi parasites against the parasite (Dudaniec and Floreana has a suite of introduced (O’Connor et al. 2009, pp. 853-866). The Kleindorfer 2006, pp. 18-19). predators including black rats (Rattus majority (54 percent) of nestling As many of the above studies show, rattus) and cats (Felis catus) (O’Connor mortality in medium tree-finches was finches have a slim chance of et al. 2009, pp. 864). These predators due to parasitism by P. downsi reproducing without avoiding effects of feed on eggs, nestlings, and even adult (O’Connor et al. 2009, pp. 853-866). All P. downsi mortality (Dudaniec and birds (Castro and Phillips 1996, p. 22), nestlings found dead in nests had large Kleindorfer 2006, p. 18; Wiedenfeld et and have seriously depleted native open wounds on their bodies and al. 2007, p. 18). Researchers suggest that populations (Grant et al. 2005, p. 501; significant loss of blood or body fluids, the decline and possible local extinction Jackson 1985, p. 232). all of which are signs of P. downsi of one of Darwin’s finches, the warbler Rats: Second only to the parasitic fly parasitism (O’Connor et al. 2009, pp. finch (Certhidea fusca), on Floreana by (Philornis downsi), black rats are one of 853-866). O’Connor et al. discuss the 2004 may have been partially caused by the worst introduced species to the reasons why the P. downsi parasite P. downsi although there is no Galapagos Islands. They destroy bird intensity is high in the medium tree- conclusive evidence (Grant et al. 2005 nests and eggs and consume hatchlings finch (2009, pp. 853-866). One possible p. 502; Fessl et al. 2006b, p. 59; (Charles Darwin Foundation 2008d; explanation is that the medium tree- Dudaniec and Kleindorfer 2006, p. 13). Charles Darwin Research Station finch’s preferred breeding habitat is next Although it is better to eliminate 2008b). Rats arrived in the Galapagos to an agricultural area, where the close invasive species before they are able to Islands on ships beginning in the late proximity of the agriculture fields (with genetically adapt to the local 1600s, and currently are found on all citrus trees and other fruits) act as a environment in which they have inhabited islands, including Floreana feeding location for the adult flies colonized (Frankham 2005, p. 385), (Charles Darwin Research Station (O’Connor et al. 2009, pp. 853-866). In early eradication often does not occur. 2008b). Because rats can easily climb, addition, moist highlands favor A long-term eradication program in they have been implicated in the consistent breeding of medium tree- conjunction with continuous quarantine population declines of tree nesting birds finches, thus providing flies with a and monitoring practices is needed to such as the mangrove finch dependable supply of nestlings for P. eradicate P. downsi (Dudaniec et al. (Camarhynchus heliobates) (Charles downsi larvae to feed upon (O’Connor et 2008). Darwin Research Station 2008b). The al. 2009, pp. 853-866). Currently, the Programs to eradicate P. downsi from CDF’s long term plan is to successfully medium tree-finch has the highest P. the Galapagos Islands are difficult and eradicate introduced rats on all islands, downsi parasite intensity of any finch costly (Fessl et al. 2006b, p. 59). Fessl a necessary measure in order to restore species on Floreana, and the second et al. (2006b, pp. 57-59) found that a the Galapagos Islands and its endemic highest of any finch species studied on single insecticide treatment of 1 percent species (Charles Darwin Research the Galapagos Islands (O’Connor et al. pyrethrin solution (done at a nestling Station 2008b). One of the next steps in 2009, pp. 853-866). age of 4 days) was sufficient to reduce accomplishing this goal is to develop A study by Wiedenfeld et al. (2007) the number of parasites per nest to the capacity to attempt a rat eradication found that there was a significant almost zero. This treatment offers one program on large islands such as increase in the number of P. downsi short-term solution to locally protect Floreana (Charles Darwin Research parasites (larvae, pupae, or puparia) per single nests of species of high Station 2008b). nest at higher altitudes (i.e., in the conservation concern (Fessl et al. 2006b, Cats: Cats are highly predatory humid highlands) (pp. 17-18). p. 59). However, this treatment is not animals, targeting birds and other native According to their study, the feasible as a long-term solution for species (Charles Darwin Foundation distribution of P. downsi seems to be controlling the fly on the Galapagos 2008b; Charles Darwin Research Station related to the amount of humidity and Islands. 2008c; Smith 2005, p. 304). Cats were moisture available on the islands The Charles Darwin Foundation introduced to the Galapagos Islands by (Wiedenfeld et al. 2007, p. 18). (CDF) has begun an effort to develop ships and as domestic pets of settlers

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(Charles Darwin Research Station downsi of any finch species studied in known to have ever been hunted. 2008c). Both feral and domestic cats the Galapagos Islands. Although a study Although this law does not reduce any prey upon and impact the survival of examining the biology of P. downsi and threats to the species, hunting is not a Darwin’s finches, and are a threat to how to control it began in 2008, a long- threat to the species, so it is not endemic species on Floreana (Charles term (and wide-spread) control method applicable. Darwin Research Station 2008c). In the for the parasitic fly has not yet been The first legislation to specifically 19th century, cats may have caused developed. As a result, the medium tree- protect the Galapagos Islands and its significant declines in the populations finch and its reproductive success will wildlife and plants was enacted in 1934 of large ground finches, sharp-beaked continue to be negatively impacted by P. and further supplemented in 1936, but ground finches, and mockingbirds, downsi. Therefore, we find that effective legislation was not passed until pushing them toward extinction on parasitism by P. downsi is a significant 1959, when the Ecuadorian government Floreana (Grant et al. 2005, p. 501). All threat to the continued existence of the passed new legislation declaring the three species mostly forage on the medium tree-finch. islands a National Park (Fitter et al. ground and are approachable (Grant et Introduced predators on Floreana, 2000, p. 216; Jackson 1985, pp. 7, 230; al. 2005, p. 501). However, the more such as black rats and cats, feed on eggs Stewart 2006, p. 164). Ecuador arboreal finches, such as the medium and nestlings, causing dramatic designated 97 percent of the Galapagos tree-finch, may be less vulnerable to reductions in native populations. One land area as the National Park, leaving predation by cats, unless their nests are study found that 33 percent of medium the remaining 3 percent distributed constructed unusually low in the tree-finch nests experienced nestling between the inhabited areas on Santa vegetation (Grant et al. 2005, p. 501). predation; and egg depredation was Cruz, San Cristo´bal, Isabela, and The Galapagos National Park Service observed in 22 percent of the nests. In Floreana Islands (Jackson 1985, p. 230; and the CDF are working to control and an effort to help restore endemic species Schofield 1989, p. 236). National park eradicate domestic and feral cats on all in the Galapagos Islands, one goal of protection, however, does not mean the of the islands (Charles Darwin Research CDF is to develop programs to eradicate area is maintained in a pristine Station 2008c). This plan includes introduced rats and cats on all islands. condition. The park land area is divided working with communities to gain However, we do not have information to into various zones signifying the level of acceptance and compliance with the indicate that the eradication program human use (Parque Nacional Gala´pagos sterilization or removal of domestic cats, has been completed on Floreana island. n.d(b)). Although Floreana Island and the development of an eradication Therefore, we find that predation is a includes a large ‘‘conservation and program to eliminate feral cats from threat to the continued existence of the restoration’’ zone, it also includes a natural areas on all populated islands, medium tree-finch. significantly sized ‘‘farming’’ zone (Parque Nacional Gala´pagos n.d.(b)), such as Floreana (Charles Darwin D. Inadequacy of Existing Regulatory where agricultural and grazing activities Research Station 2008c). Mechanisms A study of tree-finches in the continue to impact the habitat. highlands of Floreana found that one The medium tree-finch is identified as In March 1998, the National Congress third of medium tree-finch nests a critically endangered species under and the Ecuadorian President enacted experienced nestling predation in both Ecuadorian law and Decree No. 3,516– the Law of the Special Regimen for the 2006 and 2008. Egg depredation was Unified Text of the Secondary Conservation and Sustainable observed in 22 percent of the nests (but Legislation of the Ministry of Development of the Province of the only in 2008) (O’Connor et al. 2009, pp. Environment of 2002 (ECOLEX 2003b). Galapagos, which has given the islands 853-866). Predators such as rats feed on Decree No. 3,516 of 2002 summarizes some legislative support to establish agricultural products being grown in the the legislation governing environmental regulations related to the transport of agricultural areas. Because agricultural policy in Ecuador and provides that the introduced species and implement a areas are close to the breeding sites of country’s biodiversity be protected and quarantine and inspection system the medium tree-finch, these areas used primarily in a sustainable manner (Causton et al. 2000, p. 10; Instituto provide a base for the continued (ECOLEX 2003b). Appendix 1 of Decree Nacional Gala´pagos n.d.; Smith 2005, p. persistence and movement of No. 3,516 lists the Ecuadorian fauna and 304). As a result, in 1999, the Inspection introduced predators, mainly rodents, flora that are considered threatened or and Quarantine System for Galapagos into medium tree finch habitat in danger of extinction. Species are (SICGAL) was implemented (Causton et (O’Connor et al. 2009, pp. 853-866). categorized as critically endangered (En al. 2006, p. 121), with the aim of peligro crı´tico), endangered (En peligro), preventing introduced species from Summary of Factor C or vulnerable. Resolution No. 105– reaching the islands (Causton et al. As stated above, we believe, based on Regulatory control of hunting seasons 2000, p. 10; Charles Darwin Foundation an abundance of research, that Philornis and wildlife species in the country, and n.d.(d)). Inspectors are stationed at downsi, the introduced parasitic fly, is Agreement No. 143–Standards for the points of entry and exit in the Galapagos the most significant threat to the control of hunting seasons and licenses Islands and Continental Ecuador, where survival of the medium tree-finch for hunting of wildlife, regulate and they check freight and luggage for (Causton et al., 2006 as cited in prohibit commercial and sport hunting permitted and prohibited items (Charles O’Connor et al. 2009, p. 854). The larvae of all wild bird species except those Darwin Foundation n.d.(d)). The goal is feed on finch nestlings, causing specifically identified by the Ministry of to rapidly contain and eliminate newly mortality, reduced nestling growth, the Environment or otherwise permitted arrived species (detected by SICGAL lower fledgling success, and a reduction (ECOLEX 2000; ECOLEX 2003a). The and early warning monitoring programs) in hemoglobin levels, which all Ministry of the Environment does not that are considered threats for the combine to severely affect the permit commercial or sport hunting of Galapagos Islands (Causton et al. 2006, reproductive success of the species. The the medium tree-finch because of its p. 121). However, a scarcity of medium tree-finch has the highest P. status as a critically endangered species information on alien insect species downsi parasite intensity of all the finch (ECOLEX 2003b). However, we do not currently in the Galapagos Islands species found on Floreana, and the consider hunting (Factor B) to be a risk prevents officials from knowing whether second highest rate of parasitism by P. to the medium tree-finch since it is not or not a newly detected insect is in fact

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a recent introduction (Causton et al. outstanding universal value that needs 1,000 and 2,499 individuals and 2006, p. 121). Without the necessary to be protected and preserved’’ decreasing in size. Small, declining information to make this determination, (UNESCO World Heritage Centre populations are vulnerable to they cannot afford to spend the time and n.d.(b)). The aim of establishment as a demographic stochasticity. In basic resources on a rapid response when the WHS is conservation of the site for terms, demographic stochasticity is ‘‘new introduction’’ is actually a species future generations (UNESCO World defined by chance changes in the that already occurs elsewhere in the Heritage Centre 2008). However, in June population growth rate for the species Galapagos Islands (Causton et al. 2006, 2007, due to threats to this site posed by (Gilpin and Soule´ 1986, p. 27). p. 121). introduced invasive species, increasing Population growth rates are influenced The April 2007 World Heritage tourism, and immigration, the World by individual birth and death rates Centre-IUCN monitoring mission report Heritage Committee placed the (Gilpin and Soule´ 1986, p. 27), assessed the state of conservation in the Galapagos on the ‘‘List of World Heritage immigration and emigration rates, and Galapagos Islands. Based on information Sites in Danger.’’ Placement on this list changes in population sex ratios. gathered during their monitoring is intended to increase support for a Natural variation in survival and mission and multiple meetings, they site’s conservation (UNESCO World reproductive success of individuals and found continuing problems with Heritage Centre News 2007a). In March chance disequilibrium of sex ratios may regulatory mechanisms in the Galapagos 2008, the UNESCO World Heritage act in concert to contribute to Islands (UNESCO World Heritage Centre Centre/United Nations Foundation demographic stochasticity (Gilpin and 2007, pp. 9-10). The UNESCO World project for invasive species management Soule´ 1986, p. 27). Genetic stochasticity Heritage Centre indicated that there is a provided funding of 2.19 million U.S. is caused by changes in gene continuing lack of political will, dollars (USD) to the Ecuadorian frequencies due to genetic drift, and leadership, and authority and it is a National Environmental Fund’s diminished genetic diversity, and effects limiting factor in the full application ‘‘Galapagos Invasive Species’’ account to due to inbreeding (i.e., inbreeding and enforcement of the Special Law for support invasive species control and depression) (Lande 1995, p. 786). Galapagos. They also reported that there eradication activities on the islands Inbreeding can have individual or appears to be a general lack of effective (UNESCO World Heritage Centre News population-level consequences, either enforcement (UNESCO World Heritage 2008). In addition, the Ecuador by increasing the phenotypic expression Centre 2007, p. 9). government previously had contributed (the outward appearance, or observable The risk from invasive species is 1 million USD to this fund (UNESCO structure, function, or behavior of a rapidly increasing, while the World Heritage Centre News 2008), living organism) of recessive, Agricultural Health Service of Ecuador demonstrating the government of deleterious alleles or by reducing the (SESA) and SICGAL have inadequate Ecuador’s commitment to reducing the overall fitness of individuals in the staff and capacity to deal with the threat of invasive species to the islands. population (Shaffer 1981, p. 131; nature and scale of the problem Charlesworth and Charlesworth 1987, p. (UNESCO World Heritage Centre 2007, Summary of Factor D 231). Environmental stochasticity is p. 9). SICGAL estimates that 779 Ecuador has developed numerous defined as the susceptibility of small, invertebrates [interpreted as 779 laws and regulatory mechanisms to isolated populations of wildlife species individuals] entered the Galapagos manage wildlife in the Galapagos to natural levels of environmental Islands via aircraft in 2006 (UNESCO Islands. The medium tree-finch is listed variability and related ‘‘catastrophic’’ World Heritage Centre 2007, p. 9). In as critically endangered under events (e.g., severe storms, prolonged addition, the staff of the Galapagos Ecuadorian law. Ninety-seven percent of drought, extreme cold spells, wildfire) National Park lack the capacity and the land in the Galapagos Islands is facilities for effective law enforcement designated as the National Park. Some (Mangel and Tier 1994, p. 612; Young (UNESCO World Heritage Centre 2007, of this park land on Floreana is 1994, pp. 410-412; Dunham et al. 1999, pp. 9-10). identified as a ‘‘farming’’ zone, where p. 9). Previous UNESCO-IUCN Galapagos agricultural and grazing activities The population size is significant mission reports (in 2005 and 2006) to continue to threaten the habitat of the because critically small and declining the World Heritage Committee have species. Although tourism is a problem populations such as that of the medium consistently outlined major threats to generally throughout the Galapagos tree finch face higher extinction risk the long-term conservation of the Islands, it was not found to be a specific than large, stable populations. Galapagos Islands, including the threat to this species. Additional Therefore, this species may be more introduction of non-native plant and regulations have created an inspection vulnerable to extinction relative to other animal species, and the inability to and quarantine system in order to species with larger, more stable apply laws (UNESCO World Heritage prevent the introduction of nonnative population sizes facing similar threats. Centre News 2007b). UNESCO World species, but are not being effectively Small, declining populations of wildlife Heritage Centre reports that despite an enforced. Additionally, this program species may be susceptible to excellent legal framework, national does little to eradicate species already demographic and genetic problems government institutions encounter introduced to the Galapagos Islands. (Shaffer 1981, pp. 130-134). These threat difficulties in ensuring its full Therefore, we find that the existing factors, which may act in concert, application (UNESCO World Heritage regulatory mechanisms currently in include: Natural variation in survival Centre News 2007b). place are inadequate for the and reproductive success of individuals, The Galapagos Islands were declared conservation of this species. chance disequilibrium of sex ratios, a World Heritage Site (WHS) under the changes in gene frequencies due to auspices of the United Nations E. Other Natural or Manmade Factors genetic drift, diminished genetic Educational, Scientific and Cultural Affecting the Continued Existence of the diversity and associated effects due to Organization (UNESCO) in 1978 Species inbreeding (i.e., inbreeding depression), (UNESCO World Heritage Centre This species exists on a single island dispersal of just a few individuals, a few n.d.(a)), as they were recognized to be with decreasing available habitat. The clutch failures, a skewed sex ratio in ‘‘cultural and natural heritage of population is believed to be between recruited offspring over just one or a few

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years, and chance mortality of just a few Determination for the Medium Tree- mi2) of the highland forests on Floreana reproductive-age individuals. finch have been altered or cleared for Various past and ongoing human We have carefully assessed the best agricultural purposes. Although the activities and their secondary influences available scientific and commercial Galapagos National Park covers 97 continue to impact all of the remaining information regarding the past, present, percent of the land in the Galapagos suitable habitats that may still harbor and potential future threats faced by the Islands, the remaining 3 percent the medium tree-finch (see Factor A). medium tree-finch. The species is includes a large portion of the moist We expect that any additional loss or currently at risk throughout all of its highlands on inhabited islands, such as degradation of habitats that are used by range, primarily due to the immediate Floreana, which allows farming to the medium tree-finch will have and ongoing threat of the introduced continue in this area today. Introduced disproportionately greater impacts on parasitic fly Philornis downsi. The animals, both domestic livestock and the species due to the population’s clearing of native vegetation for feral populations, have magnified the small and declining population size. agriculture, the destruction and negative effects of clearing large areas of native vegetation for agriculture and degradation of habitat caused by We expect that the medium tree- ranching. Herbivores destroy the introduced animals and plants (Factor finch’s increased vulnerability to species’ habitat on Floreana by A); disease and predation, particularly demographic stochasticity and trampling and grazing heavily on native by the parasitic fly (Factor C); inbreeding will be operative even in the vegetation, including Scalesia inadequate existing regulatory absence of any human-induced threats pedunculata, the tree primarily used by mechanisms (Factor D); and small or stochastic environmental events, the medium tree-finch for nesting and population size (Factor E) are threats to which only act to further exacerbate the foraging. Non-native fruit trees, easily this species. species’ vulnerability to local spread by cattle and pigs, grow quickly Philornis downsi is the most severe extirpations and eventual extinction. and shade native seedlings of this threat to the survival of the medium Demographic and genetic stochastic species’ preferred habitat of Scalesia tree-finch (Causton et al. 2006). As forces typically operate synergistically. pedunculata. Initial effects of one threat factor can shown in numerous studies (Fessl and Even though the Galapagos National later exacerbate the effects of other Tebich 2002, Dudaniec et al. 2006, Fessl Park Service encourages ranchers to threat factors (Gilpin and Soule´ 1986, et al. 2006b, O’Connor et al. 2009, and fence in their cattle on Floreana, cattle pp. 25-26). For example, any further Dudaniec et al 2010), the fitness costs of still stray into native vegetation to graze. decrease of the populations will, by P. downsi parasitism in finches is Other introduced species, such as black definition, result in the further removal severe, with high incidences of nestling rats and cats, predate on the eggs and of individuals, which will exacerbate mortality. This parasite causes lower nestlings of birds. One study (O’Connor the other threats. fledgling success, reduced nestling et al. 2009) found that 33 percent of growth, and a reduction in hemoglobin medium tree-finch nests experienced Small, declining populations such as levels (i.e. anemia) in nestlings. the medium tree-finch may also nestling predation, while egg Currently, the medium tree-finch has depredation was observed in 22 percent susceptible to natural levels of the highest P. downsi parasite intensity environmental variability and related of the nests. Because agricultural areas of all the finch species found on are close to the breeding sites of the ‘‘catastrophic’’ events (e.g., severe Floreana, and the second highest of any storms, prolonged drought, extreme cold medium tree-finch, non-native, finch species studied in the Galapagos introduced predators, mainly rats are spells, wildfire), which we will refer to Islands (O’Connor et al. 2009, pp. 853- as environmental stochasticity (Dunham able to easily access the habitat of the 866). These researchers also found P. medium tree-finch. Although an et al. 1999, p. 9; Mangel and Tier 1994, downsi in 100 percent of medium tree- p. 612; Young 1994, pp. 410-412). A eradication program has been developed finch nests, causing parasitism of all on Floreana to eliminate some of the single stochastic environmental event nestlings (2009, pp. 853-866). Their introduced species, such as donkeys can severely reduce existing wildlife study found that only 6.3 percent of and goats, we are not aware of current populations and, if the affected active medium tree-finch nests programs to remove other herbivores or population is already small and produced fledglings, with the majority introduced predators from Floreana. declining, it is likely that demographic (54 percent) of nestling mortality caused Even though the medium tree-finch is stochasticity or inbreeding may become by P. downsi parasitism. With severely listed as a critically endangered species operative, which would place the low reproductive success, the medium under Ecuadorian law and its range population in jeopardy (Gilpin and tree-finch is likely to provide very little includes the Galapagos National Park, Soule´ 1986, p. 27; Lande 1995, pp. 787- recruitment into the breeding existing regulatory mechanisms are 789). population. Since finches are not known inadequate to protect the habitat of the Summary of Factor E to suffer from a similar type of endemic species and have been ineffective in parasite, it appears that they have not controlling the primary threat to the The small and declining numbers that yet developed an adaptive response or medium tree-finch, which is parasitism make up the medium tree-finch’s defense mechanism against this kind of by Philornis downsi. population makes it susceptible to parasite. Therefore, a long-term control The Endangered Species Act defines natural environmental variability or method for P. downsi is needed in order an endangered species as ‘‘any species chance events. In addition to its to eliminate this threat to the species. which is in danger of extinction declining numbers, the high level of The medium tree-finch is found only throughout all or a significant portion of parasitism by P. downsi makes the on the island of Floreana; primarily in its range,’’ and a threatened species as species more susceptible to genetic and the moist highland forests (i.e. the ‘‘any species which is likely to become demographic stochasticity. Therefore, Scalesia zone) which currently covers an endangered species within the we find that demographic stochastic approximately 21 km2 (8 mi2). Because foreseeable future throughout all or a events are an additional threat to the of the significant amounts of moisture significant portion of its range.’’ Based continued existence of the medium tree- and fertile soil available in the on the immediate and ongoing finch. highlands, approximately 4 km2 (1.5 significant threat to the medium tree-

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finch throughout its entire range, as Interior determines to be necessary or Internet at http://www.regulations.gov described above, we determine that the useful for the conservation of or upon request from the Endangered medium tree-finch is in danger of endangered species in foreign countries. Species Program, U.S. Fish and Wildlife extinction throughout all of its range. Sections 8(b) and 8(c) of the Act Service (see the FOR FURTHER Therefore, on the basis of the best authorize the Secretary to encourage INFORMATION CONTACT section). available scientific and commercial conservation programs for foreign Author information, we have determined the endangered species and to provide species is in danger of extinction assistance for such programs in the form The primary author of this final rule throughout all of its range primarily due of personnel and the training of is staff of the Branch of Foreign Species, to ongoing threats to its habitat (Factor personnel. Endangered Species Program, U.S. Fish A), predation (Factor C), and We may issue permits to carry out and Wildlife Service, 4401 N. Fairfax inadequacy of regulatory mechanisms otherwise prohibited activities Drive, Arlington, VA 22203. (Factor D), and we determine involving endangered and threatened endangered status for the medium tree- wildlife species under certain List of Subjects in 50 CFR Part 17 finch. circumstances. Regulations governing Endangered and threatened species, Available Conservation Measures permits are codified at 50 CFR 17.22 for Exports, Imports, Reporting and endangered species, and at 17.32 for Conservation measures provided to recordkeeping requirements, threatened species. With regard to Transportation. species listed as endangered or endangered wildlife, a permit must be threatened under the Act include issued for the following purposes: For Regulation Promulgation recognition, recovery actions, scientific purposes, to enhance the requirements for Federal protection, and propagation or survival of the species, ■ Accordingly, we amend part 17, prohibitions against certain practices. and for incidental take in connection subchapter B of chapter I, title 50 of the Recognition through listing results in with otherwise lawful activities. Code of Federal Regulations, as set forth public awareness and encourages and below: results in conservation actions by Required Determinations Federal governments, private agencies National Environmental Policy Act PART 17—[AMENDED] and groups, and individuals. Section 7(a) of the Act, as amended, We have determined that ■ 1. The authority citation for part 17 and as implemented by regulations at 50 environmental assessments and continues to read as follows: CFR part 402, requires Federal agencies environmental impact statements, as defined under the authority of the Authority: 16 U.S.C. 1361-1407; 16 U.S.C. to evaluate their actions within the 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99- United States or on the high seas with National Environmental Policy Act of 625, 100 Stat. 3500; unless otherwise noted. respect to any species that is listed as 1969 (42 U.S.C. 4321 et seq.), need not endangered or threatened, and with be prepared in connection with ■ 2. Amend § 17.11(h) by adding a new respect to its critical habitat, if any is regulations under section 4(a) of the entry for ‘‘Tree-finch, medium’’ in being designated. However, given that Act. We published a notice outlining alphabetical order under ‘‘BIRDS’’ in the this species is not native to the United our reasons for this determination in the List of Endangered and Threatened States, no critical habitat is being Federal Register on October 25, 1983 Wildlife, as follows: proposed for designation with this rule. (48 FR 49244). Section 8(a) of the Act authorizes the § 17.11 Endangered and threatened provision of limited financial assistance References Cited wildlife. for the development and management of A complete list of all references cited * * * * * programs that the Secretary of the in this proposed rule is available on the (h) * * *

Species Vertebrate population Historic range where Status When listed Critical Special rules Common name Scientific endangered habitat name or threatened

*******

BIRDS

*******

Tree-finch, medium Ecuador Entire E 767 NA NA. Camarhynchus pauper (Galapagos Islands)

*******

* * * * * Dated: July 7, 2010 Wendi Weber, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2010–18025 Filed 7–26–10; 8:45 am] BILLING CODE 4310–55–S

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Proposed Rules Federal Register Vol. 75, No. 143

Tuesday, July 27, 2010

This section of the FEDERAL REGISTER the SUPPLEMENTARY INFORMATION section party soliciting or aggregating comments contains notices to the public of the proposed of this document. You may submit received from other persons for issuance of rules and regulations. The comments by any one of the following submission to the NRC inform those purpose of these notices is to give interested methods. persons that the NRC will not edit their persons an opportunity to participate in the Federal Rulemaking Web Site: Go to comments to remove any identifying or rule making prior to the adoption of the final rules. http://www.regulations.gov and search contact information, and therefore, they for documents filed under Docket ID should not include any information in NRC–2010–0075. Address questions their comments that they do not want NUCLEAR REGULATORY about NRC dockets to Carol Gallagher, publicly disclosed. telephone 301–492–3668; e-mail COMMISSION II. Background [email protected]. 10 CFR Parts 30, 36, 39, 40, 51, 70, and Mail comments to: Secretary, U.S. On December 11, 2008, following a 150 Nuclear Regulatory Commission, briefing on uranium recovery activities [NRC–2010–0075] Washington, DC 20555–0001, ATTN: by the NRC staff and representatives Rulemakings and Adjudications Staff. from the U.S. Environmental Protection RIN 3150–AI79 E-mail comments to: Agency, the U.S. Department of the [email protected]. If you Interior, Bureau of Land Management, Licenses, Certifications, and do not receive a reply e-mail confirming the Navajo Nation, Acoma Pueblo, Approvals for Material Licensees that we have received your comments, Wyoming Department of Environmental AGENCY: Nuclear Regulatory contact us directly at 301–415–1966. Quality, New Mexico Environment Commission. Hand Deliver comments to: 11555 Department, Navajo Allottees, National ACTION: Proposed rule. Rockville Pike, Rockville, Maryland Mining Association, International 20852 between 7:30 a.m. and 4:15 p.m. Forum on Sustainable Options for SUMMARY: The Nuclear Regulatory during Federal workdays (Telephone Uranium Production, and the Natural Commission (NRC) is proposing to 301–415–1966). Resources Defense Council, the amend its regulations by revising the Fax comments to: Secretary, U.S. Commission issued a January 8, 2009, provisions applicable to the licensing Nuclear Regulatory Commission at 301– Staff Requirements Memorandum and approval processes for byproduct, 415–1101. (ADAMS Accession No. ML090080206) source and special nuclear material FOR FURTHER INFORMATION CONTACT: Ms. directing staff to provide the licenses, and irradiators. The proposed Tracey Stokes, Office of the General Commission with a proposed changes would clarify the definitions of Counsel, U.S. Nuclear Regulatory rulemaking to revise 10 CFR 40.32, ‘‘construction’’ and ‘‘commencement of Commission, Washington, DC 20555– ‘‘General requirements for issuance of construction’’ with respect to materials 0001; telephone: 301–415–1064; e-mail: specific licenses,’’ to determine whether licensing actions instituted under the [email protected]. limited work authorization (LWA) NRC’s regulations. In addition, this SUPPLEMENTARY INFORMATION: provisions are appropriate for uranium action also contains a correction to a in-situ recovery facilities. typographical error. The NRC is I. Submitting Comments II. Background During the briefing, a concern was undertaking this rulemaking action to noted regarding the inability of part 40 conform its regulations to the scope of III. Discussion IV. Discussion of Proposed Amendments by licensees and applicants to engage in its regulatory authority under the Section site preparation activities (e.g., clearing Atomic Energy Act of 1954, as amended V. Availability of Documents land, site grading and erosion control, (AEA), to improve the effectiveness and VI. Agreement State Compatibility and construction of main access efficiency of the licensing and approval VII. Plain Language roadways, non-security related processes for future applications, as VIII. Voluntary Consensus Standards guardhouses, utilities, parking lots, or well as resolve certain inconsistencies IX. Environmental Impact—Categorical administrative buildings not used to that currently exist within the NRC’s Exclusion X. Paperwork Reduction Act Statement process, handle or store classified regulations with respect to the use and information) given the broad prohibition definition of the terms ‘‘construction’’ or XI. Regulatory Analysis XII. Regulatory Flexibility Certification against construction in § 40.32(e). ‘‘commencement of construction’’ for XIII. Backfit Analysis Currently, 10 CFR 40.32(e) prohibits an certain materials licensees. applicant for a license for a uranium DATES: Submit comments by September I. Submitting Comments enrichment facility or for a license to 27, 2010. Comments received after this Comments submitted in writing or in possess and use source and byproduct date will be considered if it is practical electronic form will be posted on the materials for uranium milling, to do so, but the NRC is able to assure NRC Web site and on the Federal production of uranium hexafluoride, or consideration only for comments rulemaking Web site http:// for any other activity requiring NRC received on or before this date. www.regulations.gov. Because your authorization from commencing ADDRESSES: Please include Docket ID comments will not be edited to remove construction of the plant or facility in NRC–2010–0075 in the subject line of any identifying or contact information, which the activity will be conducted your comments. For instructions on the NRC cautions you against including before the NRC’s decision to issue the submitting comments see Section I of any information in your submission that proposed license. For the purposes of this document, for accessing documents you do not want to be publicly this section, the term ‘‘commencement related to this action, see Section V in disclosed. The NRC requests that any of construction’’ is defined generally as

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meaning any clearing of land, measures, and construction of program provided reasonable assurance excavation, or other substantial action temporary roads and borrow areas); of protection against natural phenomena that would adversely affect the erection of fences and other access and the consequences of potential environment of a site. Section 40.32(e) control measures; excavations; erection accidents. (36 FR 9786; May 28, 1971). clarifies that ‘‘commencement of of support buildings for use in This regulation was only applicable to construction’’ is not intended to mean connection with the construction of the plutonium processing and fuel site exploration, construction of roads facility; building of service facilities; fabrication applicants. necessary for site exploration, borings to procurement or fabrication of Thereafter, on December 1, 1971 (36 determine foundation conditions, or components or portions of the proposed FR 22848), the AEC published notice of other pre-construction monitoring or facility occurring at other than the final, its intent to redefine the term testing to establish background in-place location at the facility; as well ‘‘commencement of construction’’ as that information related to the suitability of as some activities that are nuclear power term was then applied to part 50 the site or the protection of reactor specific. In undertaking the production and utilization facilities environmental values. Similar LWA rulemaking (October 9, 2007; 72 subject to then Appendix D of part 50. prohibitions on construction exist with FR 57416), the NRC recognized that the By the same notice, the AEC indicated respect to 10 CFR parts 30, 36, and 70. AEA does not authorize the NRC to that it was also considering the adoption Currently, a part 40 licensee or require an applicant to obtain of similar amendments to parts 30, 40, applicant may only engage in site permission before undertaking site and 70 that would provide for NRC preparation activities beyond site preparation activities, of the type listed environmental review prior to exploration if the applicant or licensee above, that do not implicate radiological commencement of construction of requests, and is granted, either a specific health and safety or common defense materials licensee plants and facilities. license to conduct such activities under and security considerations. The proposed amendments introduced part 40, or an exemption from § 40.32(e). The Atomic Energy Commission to parts 30, 40, and 70 a new definition Although the staff indicated that (AEC) (the NRC’s predecessor agency) of ‘‘commencement of construction;’’ exemptions from 10 CFR 40.32(e) have prohibited pre-licensing construction of required that applications for materials been utilized in the past to allow site nuclear power plants in the agency’s licenses under these parts be filed at preparation activities prior to licensing, initial 1960 definition of construction least 9 months prior to commencement and that appropriate exemptions for production and utilization facilities of construction of plants or facilities in continue to be an available alternative (25 FR 8712; September 9, 1960). On which the licensed activates will be for applicants, the Commission noted March 21, 1972 (37 FR 5745), the AEC conducted; and added as a condition of during the December 11, 2008, briefing expanded its definition of construction issuance of the requested license that that this manner of regulation was and developed the LWA process, the AEC staff had made a favorable inappropriate for long-term resolution of whereby applicants for nuclear power environmental review determination the issue. Following the briefing, the plant licenses were permitted to engage prior to commencement of construction Commission received a letter from the in site preparation activities, including of such plants or facilities. The AEC Nuclear Energy Institute (NEI) dated excavation and other on-site activities subsequently revised these regulations March 3, 2009, in which NEI expressed before a construction permit was issued. (38 FR 5745; March 21, 1972) and its support of the Commission’s The AEC’s 1972 rulemaking was a direct provided a mechanism for AEC memorandum directing staff to initiate a result of the enactment of the National exemptions to allow the continuation of rulemaking regarding 10 CFR 40.32 Environmental Policy Act of 1969 site preparation and construction (ADAMS Accession No. ML090710372). (NEPA), and the Commission’s activities begun prior to the effective implementation of that statute.1 The III. Discussion date of the proposed amendments, LWA process remained largely provided that such activities were On October 9, 2007 (72 FR 57416; unchanged until the 2007 LWA corrected at 73 FR 22786 (April 28, conducted so as to minimize their rulemaking. environmental impact, and to conform 2008)), the NRC issued a final rule The NRC’s regulations for materials the time for filing applications for amending the regulation defining licenses do not provide for pre-licensing plutonium process and fuel fabrication ‘‘construction’’ for utilization and construction activities of the type plants to 9 months prior to production facilities and amending the allowed parts 50 and 52 applicants. commencement of construction. requirements applicable to limited work Prior to 1971, the AEC prohibited the In response to the requirements authorizations (LWAs) for nuclear construction of materials facilities prior imposed by the Uranium Mill Tailings power plants (LWA rulemaking). to the agency’s decision to issue a Radiation Control Act of 1978 (ADAMS Accession Nos. ML071210205 license. Initially the AEC required that (UMTRCA), the NRC again amended and ML081050554). As part of that any application for a Part 70 plutonium part 40 to require that a final rulemaking, the Commission revised the processing and fuel fabrication plant be environmental assessment be completed scope of activities that are considered filed at least six months prior to the by the NRC prior to commencement of construction for which a construction beginning of plant construction. (36 FR construction of a mill that produces permit, combined license, or LWA is 17573; September 2, 1971). The intent necessary; specified the scope of behind this requirement was to allow byproduct material (45 FR 65521; construction activities that may be the AEC an opportunity to conduct a October 3, 1980). In reaching this performed under an LWA; and changed pre-construction review to determine decision, the NRC noted that, the review and approval process for whether the applicant’s design basis for [M]illing results in the production of large LWA requests. The NRC’s revised the principal structures, systems and quantities of byproduct material as tailings definition for ‘‘construction’’ expressly components, and its quality assurance per year. When construction of a mill excludes site exploration; preparation of commences, nearly irrevocable commitments are made regarding tailings disposal. Given 1 See Carolina Power and Light Co. (Shearon the site for construction of a facility that each mill tailings pile constitutes a low- (e.g., clearing of the site, grading, Harris Nuclear Power Plant, Units 1, 2, 3 & 4), CLI– 74–22, 7 AEC 939, 943 (1974). See also Kansas Gas level waste burial site containing long-lived installation of drainage, erosion and and Electric Co. (Wolf Creek Nuclear Generating radioactive materials, the Commission other environmental mitigation Station, Unit 1), CLI–77–1, 5 NRC 1, 5 (1977). believes that prudence requires that specific

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methods of tailings disposal, mill Parts 30, 36, 40, 70, and 150 has been this time that an LWA process decontamination, site reclamation, surety inconsistent with the definition the NRC applicable to materials licenses is arrangements, and arrangements to allow for established in parts 50, 51, and 52. appropriate, or even necessary. A transfer of site and tailings ownership be Activities that do not constitute review of recent requests for exemption worked out and approved before a license is granted. construction under 10 CFR parts 50, 51, from the construction prohibition shows and 52, are currently classified as that most requests would have been Id. at 65529. The NRC concluded that construction under 10 CFR parts 30, 36, rendered unnecessary by a materials commencement of construction of other 40, 70, and 150. Accordingly, the site construction definition that conforms to types of plants and facilities in which preparation activity from which a Part 51. It is unclear whether the byproduct, source, and special nuclear materials license applicant or licensee is licensing process for materials licenses materials are used and possessed would currently prohibited from engaging, are would be enhanced by an LWA process also result in similar commitments of the same activities that the NRC that allows some safety or security- resources, and accordingly, the NRC determined in the LWA rulemaking related construction to occur in advance amended parts 30 and 70 to conform to were not within the scope of the of the license, or whether an LWA the amendments effectuated in part 40. agency’s licensing review. As was process might be more appropriate for The October 9, 2007 (72 FR 57416, indicated during the Commission’s larger materials facilities, such as 57427) LWA rulemaking examined the December 2008 briefing, materials uranium in situ recovery facilities or nature and extent of the NRC’s applicants and licensees, as well as the uranium enrichment facilities. responsibilities under NEPA, and based NRC’s staff, have struggled with the Furthermore, given the NRC’s explicit upon that evaluation the NRC revised inconsistency that currently exists statement in 1980 of the breadth of the definition of construction in 10 CFR within the NRC’s regulations. issues that should be resolved prior to 50.10 to expressly exclude certain Staff and materials license applicants constructing parts 30, 40, and 70 activities. The NRC determined that its have been reconciling the contrary facilities,2 there is some question as to NEPA obligations and responsibilities regulatory definitions through the whether an LWA process is appropriate arise only when the Commission exemption process. But given the in the context of materials licensing, undertakes a Federal action within the agency’s position on the scope of its which would permit safety or security- agency’s statutory responsibility. AEA authority, the NRC believes that related construction to occur prior to a Specifically, the NRC noted that NEPA, the regulatory provisions themselves conclusion that a license should be a procedural statute, does not expand should be reconciled, furthering issued. In the UMTRCA-related the NRC’s jurisdiction beyond the scope regulatory efficiency and economy. rulemaking, the NRC found that of the AEA. Id. The NRC further Accordingly, the NRC proposes to construction activities at plants and determined that, implement conforming amendments in facilities in which source or byproduct [W]hile NEPA may require the NRC to 10 CFR parts 30, 36, 40, and 70 that materials are possessed and used for the consider the environmental effects caused by would establish a consistent definition production of uranium hexafluoride and the exercise of its permitting/licensing of ‘‘construction’’ or ‘‘commencement of commercial waste disposal by land authority, the statute cannot be the source of construction.’’ Within the proposed burial should not precede the the expansion of the NRC’s authority to definition of commencement of environmental review as they ‘‘are likely require * * * other forms of permission for activities that are not reasonably related to construction for 10 CFR parts 30, 36, 40, to result in [irrevocable and/or radiological health and safety or protection of and 70, the NRC has included any irretrievable] environmental impacts, the common defense and security. Since activity that has a reasonable nexus to the propriety of which cannot be NEPA cannot expand the Commission’s the radiological health and safety or the ascertained until [the Part 51] * * * authority under the AEA, the common defense and security with the environmental appraisals are completed elimination of the blanket inclusion of site purpose of ensuring that the types of and documented.’’ (45 FR 65521, 65529; preparation activities in the [then existing] site preparation activities instituted October 3, 1980). Accordingly, the NRC definition of construction does not violate pursuant to the revised regulation do is not including in the proposed rule NEPA. not consist of activities that are related language an LWA process for 10 CFR 71 FR 61330, 61332; (October 17, 2006); to radiological safety, radiological parts 30, 36, 40, or 70 licensees and see also 72 FR 57416, 57427 (October 9, controls, physical protection or applicants, and to the extent that an 2007). In light of the foregoing, the NRC information security. For example, in applicant for a 10 CFR parts 30, 36, 40, amended its definition of construction § 51.4, the exclusion of fences and other or 70 license wishes to perform site in § 50.10 and its NEPA regulations in access control measures from the activities that are related to radiological 10 CFR part 51 to include a definition definition of construction does not health and safety or preservation of the of construction that was consistent with pertain to those fences and controls common defense and security, the the § 50.10 definition and the NRC’s intended to secure and protect applicant would be prohibited from authority under the AEA. Given the radiological materials, but rather to doing so under the proposed rule until NRC’s determination that site those fences and controls intended to the NRC has completed its preparation activities did not constitute protect the integrity of the site during environmental review and concluded construction, the NRC provided that the the preparation activities. The NRC that a license should be issued. effects of these activities would only be requests comments on its proposal to Nevertheless, the NRC invites comments considered in order to establish a align the terms ‘‘construction’’ and on the utility of an LWA process for 10 baseline against which the incremental ‘‘commencement of construction’’ within CFR parts 30, 36, 40, and 70, including effect of the subsequent major Federal major licensing parts of its regulations. whether such a process would be action (i.e., the Commission’s issuance The NRC is aware that some appropriate for all, or merely some, of a license) would be measured. interested entities have suggested that materials licenses. Since the completion of the LWA an LWA process, similar to that The revisions proposed in this rulemaking, which added to part 51 a promulgated for 10 CFR parts 50 and 52 rulemaking would have the effect of definition of ‘‘construction,’’ the NRC’s licensees, should be developed for definition of what constitutes materials applicants and licensees. 2 See UMTRCA Rulemaking, 45 FR 65521, 65529 construction for material licenses in However, upon review, it is not clear at (October 3, 1980).

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providing a definition of ‘‘construction’’ IV. Discussion of Proposed requirement for an applicant to receive that is consistent throughout the NRC’s Amendments by Section a specific license under this part. Currently § 36.13(a) provides that an regulations and within the scope of the Section 30.4 Definitions. NRC’s environmental review conducted applicant for a part 36 license shall under the part 51 definition of In 2007, the NRC added a definition satisfy both the general requirements in ‘‘construction.’’ Exemptions would no for the term ‘‘construction’’ in 10 CFR § 30.33 and the requirements in part 36. longer be necessary for certain site part 51, ‘‘Environmental protection Section 30.33(a)(5) contains the preparation activities currently regulations for domestic licensing and provision regarding commencement of related regulatory functions,’’ to exclude undertaken by materials license construction. Section 36.15 of the certain site preparation activities from applicants. Currently, the NRC’s existing regulations also addresses a the definition. The NRC’s decision to regulations in part 51 require that an part 36 applicant’s or licensee’s exclude these site preparation activities applicant for a materials license, license obligations with respect to the from the definition of construction was amendment, or license renewal submit commencement of construction. The based upon the NRC’s determination prohibition on the commencement of an environmental report with its that these activities lacked a reasonable application. The NRC’s regulations construction imposed by § 36.15 varies nexus to radiological health and safety from that required by § 30.33(a)(5), so further dictate the nature and scope of or common defense and security that the current language in § 36.13(a) the NRC’s environmental assessment. considerations. This determination is creates a conflict. The proposed Those provisions are not being revised equally applicable to the licensing amendment would resolve the matter to by this rulemaking. The instructive actions in part 30, which are subject to make it clear that the part 36 provisions in part 51 would continue to the NEPA implementing regulations in requirements are applicable to the part remain applicable. part 51, including the part 51 definition 36 licensee. Currently, to the extent that a for ‘‘construction.’’ Accordingly, this Section 36.15 Commencement of potential applicant, an applicant, or a section would be revised to add a construction. licensee engages in activities that the definition for ‘‘construction’’ and NRC has indicated do not constitute conform the definition for This section would be revised to construction subject to NRC regulation, ‘‘commencement of construction’’ to be modify references from ‘‘start of the entity does so at its own risk, as consistent with the concepts used to construction’’ to ‘‘commencement of such activity does not presume that the define ‘‘construction’’ in 10 CFR 51.4, construction’’ to create consistency in NRC will conclude that a license should recognizing those activities the the terminology used in the NRC’s be issued upon completion of its review. Commission has already determined do regulations. Additionally, given the This is consistent with the underlying not affect, as a general matter, proposed insertion of a revised concept that these site preparation radiological health and safety or definition for ‘‘commencement of common defense and security. activities do not result from Federal construction’’ in § 36.2, the definition of approval of activities within the Section 30.33 General requirements for ‘‘construction’’ in this section would be responsibility of the NRC under the issuance of specific licenses. deleted. AEA and, therefore, they will have In this section, paragraph (a)(5) would Section 39.13 Specific licenses for relevance to the NRC action only to the be revised to delete the definition of well-logging. extent that the impacts of those ‘‘commencement of construction’’ activities influence an analysis of any contained in the last two sentences of In this section, paragraph (a) would be subsequent licensing action’s the paragraph. revised to correct a typographical error. cumulative environmental impacts. The reference to § 70.33 would be Section 36.2 Definitions. revised to read § 70.23. The NRC is also proposing a typographical correction to the In 2007, the NRC revised the Section 40.4 Definitions. regulations in 10 CFR 39.13(a). Part 39 definition for the term ‘‘commencement In 2007, the NRC added a definition was issued March 17, 1987 (52 FR of construction’’ in 10 CFR part 51, ‘‘Environmental protection regulations for the term ‘‘construction’’ in 10 CFR 8225), by the NRC to specify radiation part 51, ‘‘Environmental protection safety requirements for the use of for domestic licensing and related regulatory functions,’’ to exclude certain regulations for domestic licensing and licensed material in well-logging site preparation activities from the related regulatory functions,’’ to exclude operations. Section 39.13(a) directs definition. The NRC’s decision to certain site preparation activities from applicants for a specific license for well exclude these activities from the the definition. The NRC’s decision to logging to satisfy the general definition of construction was based exclude these activities from the requirements in § 30.33 for byproduct upon the NRC’s determination that definition of construction was based material, § 40.32 for source material, these activities lacked a reasonable upon the NRC’s determination that and § 70.33 for special nuclear material. nexus to radiological health and safety these activities lacked a reasonable However, § 70.33 pertains to renewal of or common defense and security nexus to radiological health and safety licenses and not to general requirements considerations. This section would be or common defense and security for special nuclear material licensing. revised to add definitions for considerations. This determination is The general requirements regulation for ‘‘construction’’ and ‘‘commencement of equally applicable to the licensing special nuclear material licenses is in construction’’ to be consistent with the actions in part 40, which are subject to § 70.23. The reference to § 70.33 in the definition adopted by the NRC in 10 the NEPA implementing regulations in current version of § 39.13(a) is the result CFR 51.4. part 51, including the part 51 definition of a typographical error, and the NRC is for ‘‘construction.’’ Accordingly, this proposing to correct § 39.13(a) so that Section 36.13 Specific licenses for section would be revised to add a the reference for the general irradiators. definition for ‘‘construction’’ and requirements for special nuclear In this section, paragraph (a) would be conform the definition for material licenses will refer to § 70.23. revised to exclude § 30.33(a)(5) as a ‘‘commencement of construction’’ to be

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consistent with the definition of part 51, ‘‘Environmental protection proposed in parts 30, 40, and 70, such ‘‘construction’’ in 10 CFR 51.4. regulations for domestic licensing and that the Agreement State meaning is related regulatory functions,’’ to exclude Section 40.32 General requirements for consistent with that of the NRC. certain site preparation activities from issuance of specific licenses. the definition. The NRC’s decision to V. Availability of Documents In this section, paragraph (e) would be exclude these activities from the revised to delete the definition of You can access publicly available definition of construction was based documents related to this document, ‘‘commencement of construction’’ upon the NRC’s determination that contained in the last two sentences of including the following documents, these activities lacked a reasonable using the following methods: the paragraph. nexus to radiological health and safety NRC’s Public Document Room (PDR): Section 51.4 Definitions. or common defense and security considerations. This determination is The public may examine and have The existing definition in this section equally applicable to the licensing copied for a fee publicly available for the term ‘‘construction’’ was added to actions in Part 70, which are subject to documents at the NRC’s PDR, Room O– address part 50 nuclear power reactor the NEPA implementing regulations in 1F21, One White Flint North, 11555 licenses, and allows for possible pre- Part 51, including the Part 51 definition Rockville Pike, Rockville, Maryland. license construction through a limited for ‘‘construction.’’ Accordingly, this work authorization that is available to NRC’s Agencywide Documents Access section would be revised to add a part 50 applicants, but contains and Management System (ADAMS): definition for ‘‘construction’’ and language that is not, by its terms, Publicly available documents created or conform the definition for limited to part 50 licensees. A received at the NRC are available ‘‘commencement of construction’’ to be comparable limited work authorization electronically at the NRC’s Electronic is not being proposed for materials consistent with the definition of Reading Room at http://www.nrc.gov/ ‘‘ ’’ licenses. The result is that construction in 10 CFR 51.4. reading-rm/adams.html. From this page, commencement of construction Section 70.23 Requirements for the the public can gain entry into ADAMS, provisions in parts 30, 40, and 70 refer approval of applications. which provides text and image files of the staff to part 51 for an environmental NRC’s public documents. If you do not In this section, paragraph (a)(7) would review based on activities not included have access to ADAMS or if there are be revised to delete the definition of in the part 51 definition of construction. problems in accessing the documents ‘‘commencement of construction’’ To resolve these inconsistencies, the located in ADAMS, contact the NRC’s definition of ‘‘construction’’ would be contained in the last two sentences of the paragraph. PDR reference staff at 1–800–397–4209, revised to distinguish between a part 50 or 301–415–4737, or by e-mail to licensing action and a materials Section 150.31 Requirements for [email protected]. licensing action. This section would be Agreement State regulation of byproduct Federal Rulemaking Web Site: Public revised to add a paragraph defining material. ‘‘construction’’ for materials licenses. comments and supporting materials In this section, paragraph (b)(3)(iv) related to this proposed rule can be Section 70.4 Definitions. would be revised to modify and found at http://www.regulations.gov by In 2007, the NRC added a definition conform the definition for searching on Docket ID NRC–2010– for the term ‘‘construction’’ in 10 CFR ‘‘commencement of construction’’ to that 0075.

Document PDR Web ADAMS NRC Staff

Staff Requirements Memorandum—Briefing on Uranium Recovery, January 9, 2009 ...... X X ML090080206 X Letter from the Nuclear Energy Institute dated March 3, 2009 ...... X X ML090710372 X Limited Work Authorizations for Nuclear Power Plants; Final Rule; Correction, April 28, 2008 (73 FR 22786) (Docket ID NRC–2008–0222) ...... X X ML081050554 X Limited Work Authorizations for Nuclear Power Plants; Final Rule, October 9, 2007 (72 FR 57416) (Docket ID NRC–2008–0222) ...... X X ML071210205 X

VI. Agreement State Compatibility transboundary implications and should elements that address areas of regulation be essentially identical to those of the that cannot be relinquished to Under the ‘‘Policy Statement on NRC. Agreement States pursuant to the AEA Adequacy and Compatibility of or provisions of Title 10 of the Code of ’’ Compatibility Category C are those Agreement State Programs which Federal Regulations and should not be became effective on September 3, 1997 program elements that do not meet the adopted by Agreement States. Category (62 FR 46517), NRC program elements criteria of Category A or B, but the H&S are program elements that are not (including regulations) are placed into essential objectives of which an required for compatibility, but have a compatibility categories A, B, C, D, Agreement State should adopt to avoid particular health and safety role (e.g., NRC, or adequacy category, Health and conflict, duplication, gaps, or other adequacy) in the regulation of Safety (H&S). Category A includes conditions that would jeopardize an program elements that are basic orderly pattern in the regulation of agreement material and the State should radiation protection standards or related agreement material on a nationwide adopt the essential objectives of the definitions, signs, labels, or terms basis. Compatibility Category D are NRC program elements. necessary for a common understanding those program elements that do not The NRC has analyzed the proposed of radiation protection principles and meet any of the criteria of Category A, rule in accordance with the procedure should be essentially identical to those B, or C, and do not need to be adopted established within Part III, of NRC. Category B includes program by Agreement States. Compatibility ‘‘Categorization Process for NRC elements that have significant direct Category NRC are those program Program Elements,’’ of Handbook 5.9 to

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Management Directive 5.9, ‘‘Adequacy viewed at http://www.nrc.gov/reading- directives/). The proposed revisions are and Compatibility of Agreement State rm/doc-collections/management- categorized as follows: Programs’’ (a copy of which may be

DRAFT COMPATIBILITY TABLE FOR PROPOSED RULE

Compatibility category NRC Regulation section Change Section title Existing New

30.4 ...... Amend ...... Definition—Commencement of Construction— D ...... D. paragraph 1. 30.4 ...... New ...... Definition—Commencement of Construction— ...... NRC. paragraph 2. 30.4 ...... New ...... Definition—Construction—paragraphs 1–8 and ...... D. 9(i). 30.4 ...... New ...... Definition—Construction—paragraph 9(ii) ...... NRC. 30.33(a)(5) ...... Amend ...... General requirements for issuance of specific D ...... D. licenses. 36.2 ...... New ...... Definition—Commencement of Construction— ...... D. paragraph 1. 36.2 ...... New ...... Definition—Commencement of Construction— ...... NRC. paragraph 2. 36.2 ...... New ...... Definition—Construction—paragraphs 1–8 and ...... D. 9(i). 36.2 ...... New ...... Definition—Construction—paragraph 9(ii) ...... NRC. 36.13(a) ...... Amend ...... Specific licenses for irradiators ...... H&S ...... H&S. 36.15 ...... Amend ...... Commencement of construction ...... D ...... D. 39.13(a) ...... Amend ...... Specific licenses for well-logging ...... H&S ...... H&S. 40.4 ...... Amend ...... Definition—Commencement of Construction— C—States with author- C—States with author- paragraph 1. ity to regulate ura- ity to regulate uranium mill activities nium mill activities (11e.(2) byproduct (11e.(2) byproduct material). material). D—States without au- D—States without authority. thority. 40.4 ...... New ...... Definition—Commencement of Construction— ...... NRC. paragraph 2. 40.4 ...... New ...... Definition—Construction—paragraphs 1–8 and ...... C—States with author- 9(i). ity to regulate uranium mill activities (11e.(2) byproduct material). D—States without authority. 40.4 ...... New ...... Definition—Construction—paragraph 9(ii) ...... NRC. 40.32(e) ...... Amend ...... General requirements for issuance of specific H&S—States with au- H&S—States with au- licenses. thority to regulate thority to regulate uranium mill activi- uranium mill activities (11e.(2) byprod- ties (11e.(2) byproduct material). uct material). NRC—States without NRC—States without authority. authority. 51.4 ...... Amend ...... Definitions ...... NRC ...... NRC. 70.4 ...... Amend ...... Definition—Commencement of Construction— D ...... D. paragraph 1. 70.4 ...... New ...... Definition—Commencement of Construction— ...... NRC. paragraph 2. 70.4 ...... New ...... Definition—Construction—paragraphs 1–8 and ...... D. 9(i). 70.4 ...... New ...... Definition—Construction—paragraph 9(ii) ...... NRC. 70.23(a)(7) ...... Amend ...... Requirements for the approval of applications NRC ...... NRC. 150.31(b)(3)(iv) ...... Amend ...... Requirements for Agreement State regulation C—States with author- C—States with author- of byproduct material. ity to regulate ura- ity to regulate uranium mill activities nium mill activities (11e.(2) byproduct (11e.(2) byproduct material). material). D—States without au- D—States without authority. thority. 150.31(b)(3)(iv)(A) ...... New ...... Requirements for Agreement State regulation ...... C—States with author- of byproduct material. ity to regulate uranium mill activities (11e.(2) byproduct material). D—States without authority.

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DRAFT COMPATIBILITY TABLE FOR PROPOSED RULE—Continued

Compatibility category NRC Regulation section Change Section title Existing New

150.31(b)(3)(iv)(B) ...... New ...... Requirements for Agreement State regulation ...... C—States with author- of byproduct material. ity to regulate uranium mill activities (11e.(2) byproduct material). D—States without authority.

VII. Plain Language impact statement nor an environmental the scope of the definition of ‘‘small The Presidential memorandum dated assessment has been prepared for this entities’’ set forth in the Regulatory June 1, 1998, entitled ‘‘Plain Language in regulation. Flexibility Act or the size standards established by the NRC (10 CFR 2.810). Government Writing’’ directed that the X. Paperwork Reduction Act Statement Government’s writing be in plain This proposed rule does not contain XIII. Backfit Analysis language. This memorandum was new or amended information collection published on June 10, 1998 (63 FR The NRC’s backfit provisions are requirements subject to the Paperwork found in the regulations at §§ 50.109, 31883). In complying with this Reduction Act of 1995 (44 U.S.C. 3501 directive, the NRC made editorial 52.39, 52.63, 52.83, 52.98, 52.145, et seq.). Existing information collection 52.171, 70.76, 72.62, and 76.76. The changes to improve the organization and requirements were approved by the readability of the existing language of requirements contained in this proposed Office of Management and Budget, rule do not involve any provisions that the paragraphs being revised. These control numbers 3150–0017, 3150–0158, types of changes are not discussed would impose backfits on nuclear 3150–0130, 3150–0020, 3150–0021, power plant licensees as defined in 10 further in this document. The NRC 3150–0009, and 3150–0032. requests comments on this proposed CFR parts 50 or 52, or on licensees for rule specifically with respect to the Public Protection Notification. gaseous diffusion plants, independent clarity and effectiveness of the language The NRC may not conduct or sponsor, spent fuel storage installations or used. Comments should be sent to the and a person is not required to respond special nuclear material as defined in 10 address listed under the ADDRESSES to, a request for information or an CFR parts 70, 72 and 76, respectively, heading of the preamble to this information collection requirement and as such a backfit analysis is not proposed rule. unless the requesting document required. Therefore, a backfit analysis need not be prepared for this proposed VIII. Voluntary Consensus Standards displays a currently valid OMB control number. rule to address these classes of entities. The National Technology Transfer With respect to parts 30, 36, 39, and 40 and Advancement Act of 1995, Public XI. Regulatory Analysis licensees, the NRC has determined that Law 104–113, requires that Federal A draft regulatory analysis has not there are no provisions for backfit in agencies use technical standards that are been prepared for this regulation. This these parts, and as such, a backfit developed or adopted by voluntary rule amends the NRC’s regulations to analysis need not be prepared for this consensus standards bodies unless the conform the definitions of proposed rule to address these use of such a standard is inconsistent ‘‘construction’’ and ‘‘commencement of licensees. with applicable law or otherwise construction’’ as they appear in parts 30, List of Subjects impractical. The NRC is proposing to 36, 40, 70, and 150, to the parts 50, 51, redefine the scope of activities and 52 definitions implemented by the 10 CFR Part 30 constituting ‘‘construction’’ for materials LWA rulemaking, revised to reference Byproduct material, Criminal licenses. The NRC is not aware of any non-nuclear power plant licensees. This penalties, Government contracts, voluntary consensus standards that amendment does not impose any new Intergovernmental relations, Isotopes, address the proposed subject matter of burden or reporting requirements on the Nuclear materials, Radiation protection, this proposed rule. The NRC will licensee or NRC for compliance. Also, Reporting and recordkeeping consider using a voluntary consensus this rule does not involve an exercise of requirements. standard if an appropriate standard is NRC discretion, and therefore does not identified. If a voluntary consensus necessitate preparation of a regulatory 10 CFR Part 36 standard is identified for consideration, analysis. the submittal should explain why the Byproduct material, Criminal standard should be used. XII. Regulatory Flexibility Certification penalties, Nuclear materials, Reporting In accordance with the Regulatory and recordkeeping requirements, IX. Environmental Impact—Categorical Flexibility Act (5 U.S.C. 605(b)), the Scientific equipment, Security Exclusion NRC certifies that this rule will not, if measures. The NRC has determined that the promulgated, have a significant 10 CFR Part 39 changes made in this rule to parts 30, economic impact on a substantial 36, 39, 40, 51, 70, and 150 fall within number of small entities. This proposed Byproduct material, Criminal the types of actions described in rule affects only material licensees. The penalties, Nuclear materials, Oil and gas categorical exclusions 10 CFR companies that apply for a license in exploration—well logging, Reporting 51.22(c)(1), (c)(2), and (c)(3)(i). accordance with the regulations affected and recordkeeping requirements, Therefore, neither an environmental by this proposed rule do not fall within Scientific equipment, Security

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measures, Source material, Special revised, and the term ‘‘Construction’’ is 3. In § 30.33, paragraph (a)(5) is nuclear material. added in alphabetical order to read as revised to read as follows: follows: 10 CFR Part 40 § 30.33 General requirements for issuance * * * * * Criminal penalties, Government of specific licenses. contracts, Hazardous materials § 30.4 Definitions. (a) * * * transportation, Nuclear materials, * * * * * (5) In the case of an application for a Reporting and recordkeeping Commencement of construction license to receive and possess byproduct requirements, Source material, means taking any action defined as material for the conduct of any activity Uranium. ‘‘construction’’ or any site-preparation which the NRC determines will significantly affect the quality of the 10 CFR Part 51 activity at the site of a facility subject to the regulations in this part that has a environment, the Director, Office of Administrative practice and reasonable nexus to: Federal and State Materials and procedure, Environmental impact (1) Radiological health and safety; or Environmental Management Program or statement, Nuclear materials, Nuclear (2) Common defense and security. his designee, before commencement of power plants and reactors, Reporting * * * * * construction of the plant or facility in and recordkeeping requirements. Construction means the installation of which the activity will be conducted, on 10 CFR Part 70 foundations, or in-place assembly, the basis of information filed and evaluations made pursuant to subpart A Criminal penalties, Hazardous erection, fabrication, or testing for any structure, system, or component of a of part 51 of this chapter, has materials transportation, Material concluded, after weighing the accounting and control, Nuclear facility or activity subject to the regulations in this part that are related environmental, economic, technical, materials, Packaging and containers, and other benefits against Radiation protection, Reporting and to radiological safety or security. The ‘‘ ’’ environmental costs and considering recordkeeping requirements, Scientific term construction does not include: (1) Changes for temporary use of the available alternatives, that the action equipment, Security measures, Special land for public recreational purposes; called for is the issuance of the nuclear material. (2) Site exploration, including proposed license, with any appropriate 10 CFR Part 150 necessary borings to determine conditions to protect environmental Criminal penalties, Hazardous foundation conditions or other values. Commencement of construction materials transportation, preconstruction monitoring to establish prior to such conclusion shall be Intergovernmental relations, Nuclear background information related to the grounds for denial of a license to receive materials, Reporting and recordkeeping suitability of the site, the environmental and possess byproduct material in such requirements, Security measures, impacts of construction or operation, or plant or facility. Source material, Special nuclear the protection of environmental values; * * * * * (3) Preparation of the site for material. For the reasons set out in the construction of the facility, including PART 36—LICENSES AND RADIATION preamble and under the authority of the clearing of the site, grading, installation SAFETY REQUIREMENTS FOR Atomic Energy Act of 1954, as amended; of drainage, erosion and other IRRADIATORS the Energy Reorganization Act of 1974, environmental mitigation measures, and construction of temporary roads and 4. The authority citation for part 36 as amended; and 5 U.S.C. 553; the NRC continues to read as follows: is proposing to adopt the following borrow areas; (4) Erection of fences and other access amendments to 10 CFR parts 30, 36, 39, Authority: Secs. 81, 82, 161, 182, 183, 186, control measures that are not related to 68 Stat. 935, 948, 953, 954, 955, as amended, 40, 51, 70, and 150. the safe use of, or security of, sec. 234, 83 Stat. 444, as amended (42 U.S.C. PART 30—RULES OF GENERAL radiological materials subject to this 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat. APPLICABILITY TO DOMESTIC part; (5) Excavation; 1242, as amended, 1244, 1246 (42 U.S.C. LICENSING OF BYPRODUCT 5841, 5842, 5846). MATERIAL (6) Erection of support buildings (e.g., construction equipment storage sheds, 5. In § 36.2, definitions for the terms 1. The authority citation for Part 30 warehouse and shop facilities, utilities, ‘‘Commencement of construction’’and continues to read as follows: concrete mixing plants, docking and ‘‘Construction’’ are added in alphabetical Authority: Secs. 81, 82, 161, 182, 183, 186, unloading facilities, and office order to read as follows: 68 Stat. 935, 948, 953, 954, 955, as amended, buildings) for use in connection with sec. 234, 83 Stat. 444, as amended (42 U.S.C. the construction of the facility; § 36.2 Definitions. 2111, 2112, 2201, 2232, 2233, 2236, 2282); (7) Building of service facilities (e.g., * * * * * secs. 201, as amended, 202, 206, 88 Stat. paved roads, parking lots, railroad Commencement of construction 1242, as amended, 1244, 1246 (42 U.S.C. spurs, exterior utility and lighting means taking any action defined as 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 systems, potable water systems, sanitary ‘‘construction’’ or any site-preparation (44 U.S.C. 3504 note); Energy Policy Act of activity at the site of a facility subject to 2005, Pub. L. No. 109–58, 119 Stat. 549 sewerage treatment facilities, and (2005). transmission lines); the regulations in this part that has a Section 30.7 also issued under Pub. L. 95– (8) Procurement or fabrication of reasonable nexus to: 601, sec. 10, 92 Stat. 2951 as amended by components or portions of the proposed (1) Radiological health and safety; or Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42 facility occurring at other than the final, (2) Common defense and security. U.S.C. 5851). Section 30.34(b) also issued in-place location at the facility; or Construction means the installation of under sec. 184, 68 Stat. 954, as amended (42 (9) Taking any other action that has foundations, or in-place assembly, U.S.C. 2234). Section 30.61 also issued under no reasonable nexus to: erection, fabrication, or testing for any sec. 187, 68 Stat. 955 (42 U.S.C. 2237). (i) Radiological health and safety, or structure, system, or component of a 2. In § 30.4, the definition for the term (ii) Common defense and security. facility or activity subject to the ‘‘Commencement of construction’’ is * * * * * regulations in this part that are related

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to radiological safety or security. The license are entirely at the risk of the is revised, and the term ‘‘Construction’’ term ‘‘construction’’does not include: applicant and have no bearing on the is added in alphabetical order to read as (1) Changes for temporary use of the issuance of a license with respect to the follows: land for public recreational purposes; requirements of the Atomic Energy Act (2) Site exploration, including of 1954 (Act), as amended, and rules, § 40.4 Definitions. necessary borings to determine regulations, and orders issued under the * * * * * foundation conditions or other Act. Commencement of construction preconstruction monitoring to establish means taking any action defined as background information related to the PART 39—LICENSES AND RADIATION ‘‘construction’’ or any site preparation suitability of the site, the environmental SAFETY REQUIREMENTS FOR WELL activity at the site of a facility subject to impacts of construction or operation, or LOGGING the regulations in this part that has a reasonable nexus to: the protection of environmental values; 8. The authority citation for part 39 (3) Preparation of the site for (1) Radiological health and safety; or continues to read as follows: construction of the facility, including (2) Common defense and security. clearing of the site, grading, installation Authority: Secs. 53, 57, 62, 63, 65, 69, 81, * * * * * of drainage, erosion and other 82, 161, 182, 183, 186, 68 Stat. 929, 930, 932, Construction means the installation of environmental mitigation measures, and 933, 934, 935, 948, 953, 954, 955, as production wells, the installation of amended, sec. 234, 83 Stat. 444, as amended foundations, or in-place assembly, construction of temporary roads and (42 U.S.C. 2073, 2077, 2092, 2093, 2095, borrow areas; 2099, 2111, 2112, 2201, 2232, 2233, 2236, erection, fabrication, or testing for any (4) Erection of fences and other access 2282); secs. 201, as amended, 202, 206, 88 structure, system, or component of a control measures that are not related to Stat. 1242, as amended, 1244, 1246 (42 U.S.C. facility or activity subject to the the safe use of, or security of, 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 regulations in this part that are related radiological materials subject to this (44 U.S.C. 3504 note). to radiological safety or security. The part; 9. In § 39.13, paragraph (a) is revised term ‘‘construction’’ does not include: (5) Excavation; to read as follows: (1) Changes for temporary use of the (6) Erection of support buildings (e.g., land for public recreational purposes; construction equipment storage sheds, § 39.13 Specific licenses for well logging. (2) Site exploration, including warehouse and shop facilities, utilities, * * * * * necessary borings to determine concrete mixing plants, docking and (a) The applicant shall satisfy the foundation conditions or other unloading facilities, and office general requirements specified in preconstruction monitoring to establish buildings) for use in connection with § 30.33 of this chapter for byproduct background information related to the the construction of the facility; material, in § 40.32 of this chapter for suitability of the site, the environmental (7) Building of service facilities (e.g., source material, and in § 70.23 of this impacts of construction or operation, or paved roads, parking lots, railroad chapter for special nuclear material, as the protection of environmental values; spurs, exterior utility and lighting appropriate, and any special (3) Preparation of the site for systems, potable water systems, sanitary requirements contained in this part. construction of the facility, including sewerage treatment facilities, and * * * * * clearing of the site, grading, installation transmission lines); of drainage, erosion and other (8) Procurement or fabrication of PART 40—DOMESTIC LICENSING OF environmental mitigation measures, and components or portions of the proposed SOURCE MATERIAL construction of temporary roads and facility occurring at other than the final, borrow areas; in-place location at the facility; or 10. The authority citation for part 40 (4) Erection of fences and other access (9) Taking any other action that has continues to read as follows: control measures that are not related to no reasonable nexus to: Authority: Secs. 62, 63, 64, 65, 81, 161, the safe use of, or security of, (i) Radiological health and safety, or 182, 183, 186, 68 Stat. 932, 933, 935, 948, radiological materials subject to this (ii) Common defense and security. 953, 954, 955, as amended, secs. 11e(2), 83, part; 84, Pub. L. 95–604, 92 Stat. 3033, as (5) Excavation; * * * * * amended, 3039, sec. 234, 83 Stat. 444, as 6. In § 36.13, paragraph (a) is revised (6) Erection of support buildings (e.g., amended (42 U.S.C. 2014(e)(2), 2092, 2093, construction equipment storage sheds, to read as follows: 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub. L. 86–373, warehouse and shop facilities, utilities, § 36.13 Specific licenses for irradiators. 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as concrete mixing plants, docking and * * * * * amended, 202, 206, 88 Stat. 1242, as unloading facilities, and office (a) The applicant shall satisfy the amended, 1244, 1246 (42 U.S.C. 5841, 5842, buildings) for use in connection with general requirements specified in 5846); sec. 275, 92 Stat. 3021, as amended by the construction of the facility; §§ 30.33(a)(1)–(4) and 30.33(b) of this Pub. L. 97–415, 96 Stat. 2067 (42 U.S.C. (7) Building of service facilities (e.g., chapter and the requirements contained 2022); sec. 193, 104 Stat. 2835, as amended paved roads, parking lots, railroad in this part. by Pub. L. 104–134, 110 Stat. 1321, 1321–349 spurs, exterior utility and lighting (42 U.S.C. 2243); sec. 1704, 112 Stat. 2750 (44 * * * * * systems, potable water systems, sanitary U.S.C. 3504 note); Energy Policy Act of 2005, sewerage treatment facilities, and 7. Section 36.15 is revised to read as Pub. L. No. 109–59, 119 Stat. 594 (2005). follows: Section 40.7 also issued under Pub. L. 95– transmission lines); 601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). (8) Procurement or fabrication of § 36.15 Commencement of construction. Section 40.31(g) also issued under sec. 122, components or portions of the proposed Commencement of construction of a 68 Stat. 939 (42 U.S.C. 2152). Section 40.46 facility occurring at other than the final, new irradiator may not occur prior to also issued under sec. 184, 68 Stat. 954, as in-place location at the facility; or the submission to NRC of both an amended (42 U.S.C. 2234). Section 40.71 also (9) Taking any other action that has application for a license for the issued under sec. 187, 68 Stat. 955 (42 U.S.C. no reasonable nexus to: irradiator and the fee required by 2237). (i) Radiological health and safety, or § 170.31 of this chapter. Any activities 11. In § 40.4, the definition for the (ii) Common defense and security. undertaken prior to the issuance of a term ‘‘Commencement of construction’’ * * * * *

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12. Section 40.32, paragraph (e) is 14. In § 51.4, the definition for the unloading facilities, and office revised to read as follows: term ‘‘Construction’’ is revised to read as buildings) for use in connection with follows: the construction of the facility; § 40.32 General requirements for issuance (G) Building of service facilities (e.g., of specific licenses. § 51.4 Definitions. paved roads, parking lots, railroad * * * * * * * * * * spurs, exterior utility and lighting (e) In the case of an application for a Construction means: systems, potable water systems, sanitary license for a uranium enrichment (1) For production and utilization sewerage treatment facilities, and facility, or for a license to possess and facilities, the activities in paragraph (i) transmission lines); use source and byproduct material for of this definition, and does not mean the (H) Procurement or fabrication of uranium milling, production of uranium activities in paragraph (ii) of this components or portions of the proposed hexafluoride, or for the conduct of any definition. facility occurring at other than the final, other activity which the NRC (i) Activities constituting construction in-place location at the facility; determines will significantly affect the are the driving of piles, subsurface (I) Manufacture of a nuclear power quality of the environment, the Director, preparation, placement of backfill, reactor under a manufacturing license Office of Federal and State Materials concrete, or permanent retaining walls under subpart F of part 52 of this and Environmental Management within an excavation, installation of chapter to be installed at the proposed Programs or his designee, before foundations, or in-place assembly, site and to be part of the proposed commencement of construction, on the erection, fabrication, or testing, which facility; or basis of information filed and are for: (J) With respect to production or (A) Safety-related structures, systems, evaluations made pursuant to subpart A utilization facilities, other than testing or components (SSCs) of a facility, as of part 51 of this chapter, has facilities and nuclear power plants, defined in 10 CFR 50.2; concluded, after weighing the required to be licensed under Section (B) SSCs relied upon to mitigate environmental, economic, technical and 104.a or Section 104.c of the Act, the accidents or transients or used in plant other benefits against environmental erection of buildings which will be used emergency operating procedures; for activities other than operation of a costs and considering available (C) SSCs whose failure could prevent alternatives, that the action called for is facility and which may also be used to safety-related SSCs from fulfilling their house a facility (e.g., the construction of the issuance of the proposed license, safety-related function; with any appropriate conditions to a college laboratory building with space (D) SSCs whose failure could cause a for installation of a training reactor). protect environmental values. reactor scram or actuation of a safety- Commencement of construction prior to (2) For materials licenses, taking any related system; site-preparation activity at the site of a this conclusion is grounds for denial of (E) SSCs necessary to comply with 10 a license to possess and use source and facility subject to the regulations in 10 CFR part 73; CFR parts 30, 36, 40, and 70, that has byproduct material in the plant or (F) SSCs necessary to comply with 10 facility. a reasonable nexus to radiological CFR 50.48 and criterion 3 of 10 CFR part health and safety or the common * * * * * 50, appendix A; and defense and security; provided, (G) Onsite emergency facilities (i.e., however, that construction does not PART 51—ENVIRONMENTAL technical support and operations PROTECTION REGULATIONS FOR mean: support centers), necessary to comply (i) Those actions or activities listed in DOMESTIC LICENSING AND RELATED with 10 CFR 50.47 and 10 CFR part 50, REGULATORY FUNCTIONS paragraphs (1)(ii)(A)—(H) of this appendix E. definition; or (ii) Construction does not include: (ii) Taking any other action that has 13. The authority citation for Part 51 (A) Changes for temporary use of the continues to read as follows: no reasonable nexus to radiological land for public recreational purposes; health and safety or the common Authority: Sec. 161, 68 Stat. 948, as (B) Site exploration, including defense and security. amended, sec. 1701, 106 Stat. 2951, 2952, necessary borings to determine * * * * * 2953 (42 U.S.C. 2201, 2297f); secs. 201, as foundation conditions or other amended, 202, 88 Stat. 1242, as amended, preconstruction monitoring to establish PART 70—DOMESTIC LICENSING OF 1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 background information related to the SPECIAL NUCLEAR MATERIAL Stat. 2750 (44 U.S.C. 3504 note). Subpart A suitability of the site, the environmental also issued under National Environmental impacts of construction or operation, or 15. The authority citation for part 70 Policy Act of 1969, secs. 102, 104, 105, 83 the protection of environmental values; continues to read as follows: Stat. 853–854, as amended (42 U.S.C. 4332, (C) Preparation of a site for Authority: Secs. 51, 53, 161, 182, 183, 68 4334, 4335); and Pub. L. 95–604, Title II, 92 construction of a facility, including Stat. 929, 930, 948, 953, 954, as amended, Stat. 3033–3041; and sec. 193, Pub. L. 101– clearing of the site, grading, installation sec. 234, 83 Stat. 444, as amended, (42 U.S.C. 575, 104 Stat. 2835 (42 U.S.C. 2243). Sections of drainage, erosion and other 2071, 2073, 2201, 2232, 2233, 2282, 2297f); 51.20, 51.30, 51.60, 51.80, and 51.97 also environmental mitigation measures, and secs. 201, as amended, 202, 204, 206, 88 Stat. issued under secs. 135, 141, Pub. L. 97–425, construction of temporary roads and 1242, as amended, 1244, 1245, 1246 (42 96 Stat. 2232, 2241, and sec. 148, Pub. L. borrow areas; U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 100–203, 101 Stat. 1330–223 (42 U.S.C. Stat. 2835 as amended by Pub. L. 104–134, 10155, 10161, 10168). Section 51.22 also (D) Erection of fences and other access control measures that are not safety or 110 Stat. 1321, 1321–349 (42 U.S.C. 2243); issued under sec. 274, 73 Stat. 688, as sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 amended by 92 Stat. 3036–3038 (42 U.S.C. security related, and do not pertain to note); Energy Policy Act of 2005, Pub. L. No. 2021) and under Nuclear Waste Policy Act of radiological controls; 109–58, 119 Stat. 594 (2005). 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. (E) Excavation; Sections 70.1(c) and 70.20a(b) also issued 10141). Sections 51.43, 51.67, and 51.109 (F) Erection of support buildings (e.g., under secs. 135, 141, Pub. L. 97–425, 96 Stat. also issued under Nuclear Waste Policy Act construction equipment storage sheds, 2232, 2241 (42 U.S.C. 10155, 10161). of 1982, sec. 114(f), 96 Stat. 2216, as warehouse and shop facilities, utilities, Section 70.7 also issued under Pub. L. 95– amended (42 U.S.C. 10134(f)). concrete mixing plants, docking and 601, sec. 10, 92 Stat. 2951 as amended by

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Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42 sewerage treatment facilities, and U.S.C. 10155, 10161). Section 150.17a also U.S.C. 5851). Section 70.21(g) also issued transmission lines); issued under sec. 122, 68 Stat. 939 (42 U.S.C. under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). (8) Procurement or fabrication of 2152). Section 150.30 also issued under sec. Section 70.31 also issued under sec. 57d, components or portions of the proposed 234, 83 Stat. 444 (42 U.S.C. 2282). Pub. L. 93–377, 88 Stat. 475 (42 U.S.C. 2077). facility occurring at other than the final, 19. In § 150.31, paragraph (b)(3)(iv) is Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. in-place location at the facility; or revised to read as follows: 2234). Section 70.81 also issued under secs. (9) Taking any other action that has no reasonable nexus to: § 150.31 Requirements for Agreement 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). State regulation of byproduct material. Section 70.82 also issued under sec. 108, 68 (i) Radiological health and safety, or Stat. 939, as amended (42 U.S.C. 2138). (ii) Common defense and security. * * * * * (b) * * * 16. In § 70.4 the definition for the * * * * * 17. In § 70.23, paragraph (a)(7) is (3) * * * term ‘‘Commencement of construction’’ (iv) Prohibit commencement of revised to read as follows: is revised and the term ‘‘Construction’’ is construction with respect to such added in alphabetical order to read as § 70.23 Requirements for the approval of material prior to complying with the follows: applications. provisions of paragraph (b)(3)(i) through § 70.4 Definitions. (a) * * * (iii) of this section. As used in this (7) Where the proposed activity is paragraph: * * * * * (A) The term commencement of Commencement of construction processing and fuel fabrication, scrap recovery, conversion of uranium construction means taking any action means taking any action defined as defined as ‘‘construction’’ or any site- ‘‘ ’’ hexafluoride, uranium enrichment construction or any site-preparation preparation activity at the site of a activity at the site of a facility subject to facility construction and operation, or any other activity which the NRC facility subject to the regulations in this the regulations in this part that has a part that has a reasonable nexus to reasonable nexus to: determines will significantly affect the quality of the environment, the Director radiological health and safety. (1) Radiological health and safety; or (B) The term construction means the (2) Common defense and security. of Nuclear Material Safety and Safeguards or his designee, before installation of foundations, or in-place * * * * * commencement of construction of the assembly, erection, fabrication, or Construction means the installation of plant or facility in which the activity testing for any structure, system, or foundations, or in-place assembly, will be conducted, on the basis of component of a facility or activity erection, fabrication, or testing for any information filed and evaluations made subject to the regulations in this part structure, system, or component of a pursuant to subpart A of part 51 of this that are related to radiological safety or facility or activity subject to the chapter, has concluded, after weighing security. The term ‘‘construction’’ does regulations in this part that are related the environmental, economic, technical, not include: to radiological safety or security. The and other benefits against (1) Changes for temporary use of the term ‘‘construction’’ does not include: environmental costs and considering land for public recreational purposes; (1) Changes for temporary use of the available alternatives, that the action (2) Site exploration, including land for public recreational purposes; called for is the issuance of the necessary borings to determine (2) Site exploration, including proposed license, with any appropriate foundation conditions or other necessary borings to determine conditions to protect environmental preconstruction monitoring to establish foundation conditions or other values. Commencement of construction background information related to the preconstruction monitoring to establish prior to this conclusion is grounds for suitability of the site, the environmental background information related to the denial to possess and use special impacts of construction or operation, or suitability of the site, the environmental nuclear material in the plant or facility. the protection of environmental values; impacts of construction or operation, or (3) Preparation of the site for * * * * * the protection of environmental values; construction of the facility, including (3) Preparation of the site for PART 150—EXEMPTIONS AND clearing of the site, grading, installation construction of the facility, including CONTINUED REGULATORY of drainage, erosion and other clearing of the site, grading, installation AUTHORITY IN AGREEMENT STATES environmental mitigation measures, and of drainage, erosion and other AND IN OFFSHORE WATERS UNDER construction of temporary roads and environmental mitigation measures, and SECTION 274 borrow areas; construction of temporary roads and (4) Erection of fences and other access borrow areas; 18. The authority citation for part 150 control measures that are not related to (4) Erection of fences and other access continues to read as follows: the safe use of or security of radiological control that are not related to the safe Authority: Sec. 161, 68 Stat. 948, as materials subject to this part; use of, or security of, radiological amended, sec. 274, 73 Stat. 688 (42 U.S.C. (5) Excavation; materials subject to this part; 2201, 2021); sec. 201, 88 Stat. 1242, as (6) Erection of support buildings (e.g., (5) Excavation; amended (42 U.S.C. 5841); sec. 1704, 112 construction equipment storage sheds, (6) Erection of support buildings (e.g., Stat. 2750 (44 U.S.C. 3504 note); Energy warehouse and shop facilities, utilities, construction equipment storage sheds, Policy Act of 2005, Pub. L. No. 109–58, 119 concrete mixing plants, docking and warehouse and shop facilities, utilities, Stat. 594 (2005). unloading facilities, and office concrete mixing plants, docking and Sections 150.3, 150.15, 150.15a, 150.31, buildings) for use in connection with unloading facilities, and office 150.32 also issued under secs. 11e(2), 81, 68 the construction of the facility; buildings) for use in connection with Stat. 923, 935, as amended, secs. 83, 84, 92 (7) Building of service facilities (e.g., Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, the construction of the facility; 2113, 2114). Section 150.14 also issued under as paved roads, parking lots, railroad (7) Building of service facilities (e.g., sec. 53, 68 Stat. 930, as amended (42 U.S.C. spurs, exterior utility and lighting paved roads, parking lots, railroad 2073). systems, potable water systems, sanitary spurs, exterior utility and lighting Section 150.15 also issued under secs. 135, sewerage treatment facilities, and systems, potable water systems, sanitary 141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 transmission lines);

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(8) Procurement or fabrication of Recent examination revealed that the bolts street address for the Docket Operations components or portions of the proposed failed due to stress corrosion, attributed to office (telephone (800) 647–5527) is in facility occurring at other than the final, excessive bolt torque. Investigation of the the ADDRESSES section. Comments will in-place location at the facility; or recently failed bolts showed that the be available in the AD docket shortly (9) Taking any other action which has modification as required by AD 2007–0287 is not adequate. after receipt. no reasonable nexus to radiological FOR FURTHER INFORMATION CONTACT: Tom health and safety. * * * * * Loss of horizontal stabilizer function Rodriguez, Aerospace Engineer, * * * * * could result in partial loss of control of International Branch, ANM–116, Dated at Rockville, Maryland, this 21st day the airplane. The proposed AD would Transport Airplane Directorate, FAA, of July 2010. require actions that are intended to 1601 Lind Avenue, SW., Renton, For the Nuclear Regulatory Commission. address the unsafe condition described Washington 98057–3356; telephone Annette Vietti-Cook, in the MCAI. (425) 227–1137; fax (425) 227–1149. Secretary of the Commission. DATES: We must receive comments on SUPPLEMENTARY INFORMATION: [FR Doc. 2010–18344 Filed 7–26–10; 8:45 am] this proposed AD by September 10, Comments Invited BILLING CODE 7590–01–P 2010. ADDRESSES: You may send comments by We invite you to send any written any of the following methods: relevant data, views, or arguments about DEPARTMENT OF TRANSPORTATION • Federal eRulemaking Portal: Go to this proposed AD. Send your comments http://www.regulations.gov. Follow the to an address listed under the Federal Aviation Administration instructions for submitting comments. ADDRESSES section. Include ‘‘Docket No. • Fax: (202) 493–2251. FAA–2010–0701; Directorate Identifier 14 CFR Part 39 • Mail: U.S. Department of 2010–NM–017–AD’’ at the beginning of [Docket No. FAA–2010–0701; Directorate Transportation, Docket Operations, your comments. We specifically invite Identifier 2010–NM–017–AD] M–30, West Building Ground Floor, comments on the overall regulatory, Room W12–140, 1200 New Jersey economic, environmental, and energy RIN 2120–AA64 Avenue, SE., Washington, DC 20590. aspects of this proposed AD. We will • Hand Delivery: U.S. Department of Airworthiness Directives; Fokker consider all comments received by the Transportation, Docket Operations, Services B.V. Model F.28 Mark 0100 closing date and may amend this M–30, West Building Ground Floor, Airplanes proposed AD based on those comments. Room W12–40, 1200 New Jersey We have lengthened the 30-day AGENCY: Federal Aviation Avenue, SE., Washington, DC, between comment period for proposed ADs that Administration (FAA), DOT. 9 a.m. and 5 p.m., Monday through address MCAI originated by aviation ACTION: Notice of proposed rulemaking Friday, except Federal holidays. authorities of other countries to provide (NPRM). For the Fokker service information adequate time for interested parties to identified in this proposed AD, contact submit comments. The comment period SUMMARY: We propose to adopt a new Fokker Services B.V., Technical for these proposed ADs is now typically airworthiness directive (AD) for the Services Dept., P.O. Box 231, 2150 AE 45 days, which is consistent with the products listed above that would Nieuw-Vennep, the Netherlands; comment period for domestic transport supersede an existing AD. This telephone +31 (0)252–627–350; fax +31 ADs. proposed AD results from mandatory (0)252–627–211; e-mail technical We will post all comments we continuing airworthiness information [email protected]; receive, without change, to http:// (MCAI) originated by an aviation Internet http://www.myfokkerfleet.com. authority of another country to identify For the Goodrich service information www.regulations.gov, including any and correct an unsafe condition on an identified in this proposed AD, contact personal information you provide. We aviation product. The MCAI describes Goodrich Corporation, Landing Gear, will also post a report summarizing each the unsafe condition as: 1400 South Service Road, West Oakville substantive verbal contact we receive about this proposed AD. Two reports have been received where, L6L 5Y7, Ontario, Canada; telephone during inspection of the vertical stabilizer of 905–825–1568; e-mail Discussion F28 Mark 0100 aeroplanes, one of the bolts [email protected]; Internet that connect the horizontal stabilizer control http://www.goodrich.com/TechPubs. On October 9, 2008, we issued AD unit actuator with the dog-links was found You may review copies of the 2008–22–14, Amendment 39–15710 (73 broken (one on the nut side & one on the referenced service information at the FR 70261, November 20, 2008). That AD head side). In both occasions, the bolt shaft FAA, Transport Airplane Directorate, required actions intended to address an was still present in the connection and 1601 Lind Avenue, SW., Renton, unsafe condition on the products listed therefore the horizontal stabilizer function Washington. For information on the above. was not affected. If a single dog-link Since we issued AD 2008–22–14, we connection fails, the complete stabilizer load availability of this material at the FAA, is taken up by the remaining dog-link call 425–227–1221. have received information that the connection. * * * actions required in AD 2008–22–14 are To address and correct this unsafe Examining the AD Docket insufficient to prevent the unsafe condition EASA [European Aviation Safety You may examine the AD docket on condition from occurring. The European Agency] issued AD 2007–0287 the Internet at http:// Aviation Safety Agency (EASA), which [corresponding FAA AD 2008–22–14] that www.regulations.gov; or in person at the is the Technical Agent for the Member required a one-time inspection of the affected Docket Operations office between 9 a.m. States of the European Community, has bolts, * * * and replacement of failed bolts and 5 p.m., Monday through Friday, issued EASA Airworthiness Directive with serviceable parts. EASA AD 2007–0287 also required the installation of a tie wrap except Federal holidays. The AD docket 2009–0216, dated October 7, 2009 through the lower bolts of the horizontal contains this proposed AD, the (referred to after this as ‘‘the MCAI’’), to stabilizer control unit, to keep the bolt in regulatory evaluation, any comments correct an unsafe condition for the place in the event of a bolt head failure. received, and other information. The specified products. The MCAI states:

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Two reports have been received where, develop on other products of the same for practices, methods, and procedures during inspection of the vertical stabilizer of type design. the Administrator finds necessary for F28 Mark 0100 aeroplanes, one of the bolts safety in air commerce. This regulation Differences Between This AD and the that connect the horizontal stabilizer control is within the scope of that authority unit actuator with the dog-links was found MCAI or Service Information broken (one on the nut side & one on the because it addresses an unsafe condition head side). In both occasions, the bolt shaft We have reviewed the MCAI and that is likely to exist or develop on was still present in the connection and related service information and, in products identified in this rulemaking therefore the horizontal stabilizer function general, agree with their substance. But action. was not affected. If a single dog-link we might have found it necessary to use connection fails, the complete stabilizer load different words from those in the MCAI Regulatory Findings is taken up by the remaining dog-link to ensure the AD is clear for U.S. We determined that this proposed AD connection. Any failed connection should be operators and is enforceable. In making would not have federalism implications detected and corrected at the next scheduled these changes, we do not intend to differ under Executive Order 13132. This inspection. proposed AD would not have a To address and correct this unsafe substantively from the information condition EASA issued AD 2007–0287 provided in the MCAI and related substantial direct effect on the States, on [corresponding FAA AD 2008–22–14] that service information. the relationship between the national required a one-time inspection of the affected We might also have proposed Government and the States, or on the bolts, Part Number (P/N) 23233–1, and different actions in this AD from those distribution of power and replacement of failed bolts with serviceable in the MCAI in order to follow FAA responsibilities among the various parts. EASA AD 2007–0287 also required the policies. Any such differences are levels of government. installation of a tie wrap through the lower highlighted in a Note within the For the reasons discussed above, I bolts of the horizontal stabilizer control unit, proposed AD. certify this proposed regulation: to keep the bolt in place in the event of a bolt 1. Is not a ‘‘significant regulatory head failure. Costs of Compliance Recent examination revealed that the bolts action’’ under Executive Order 12866; failed due to stress corrosion, attributed to Based on the service information, we 2. Is not a ‘‘significant rule’’ under the excessive bolt torque. Investigation of the estimate that this proposed AD would DOT Regulatory Policies and Procedures recently failed bolts showed that the affect about 4 products of U.S. registry. (44 FR 11034, February 26, 1979); and modification as required by AD 2007–0287 is The actions that are required by AD 3. Will not have a significant not adequate. 2008–22–14 and retained in this economic impact, positive or negative, To address the stress corrosion, the proposed AD take about 3 work-hours on a substantial number of small entities manufacturer of the bolt, Goodrich, has per product, at an average labor rate of under the criteria of the Regulatory introduced a bolt with an improved corrosion $85 per work-hour. Based on these Flexibility Act. protection, P/N 23233–3, through Service We prepared a regulatory evaluation Bulletin 23100–27–29. figures, the estimated cost of the For the reasons described above, this EASA currently required actions is $255 per of the estimated costs to comply with AD retains the requirements of AD 2007– product. this proposed AD and placed it in the 0287, which is superseded, and adds the We estimate that it would take about AD docket. requirement to replace the affected P/N 7 work-hours per product to comply List of Subjects in 14 CFR Part 39 23233–1 bolts with improved bolts. with the new basic requirements of this Concurrently, the tie-wrap must be removed. proposed AD. The average labor rate is Air transportation, Aircraft, Aviation Loss of horizontal stabilizer function $85 per work-hour. Required parts safety, Incorporation by reference, could result in partial loss of control of would cost about $1,550 per product. Safety. the airplane. You may obtain further Where the service information lists The Proposed Amendment required parts costs that are covered information by examining the MCAI in Accordingly, under the authority the AD docket. under warranty, we have assumed that there will be no charge for these costs. delegated to me by the Administrator, Relevant Service Information As we do not control warranty coverage the FAA proposes to amend 14 CFR part Fokker Services B.V. has issued for affected parties, some parties may 39 as follows: Fokker Service Bulletin SBF100–27– incur costs higher than estimated here. PART 39—AIRWORTHINESS 092, dated April 27, 2009. Goodrich has Based on these figures, we estimate the DIRECTIVES issued Service Bulletin 23100–27–29, cost of the proposed AD on U.S. dated November 14, 2008. The actions operators to be $8,580, or $2,145 per 1. The authority citation for part 39 described in this service information are product. continues to read as follows: intended to correct the unsafe condition Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. identified in the MCAI. Title 49 of the United States Code § 39.13 [Amended] FAA’s Determination and Requirements specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by of This Proposed AD rules on aviation safety. Subtitle I, removing Amendment 39–15710 (73 FR This product has been approved by section 106, describes the authority of 70261, November 20, 2008) and adding the aviation authority of another the FAA Administrator. ‘‘Subtitle VII: the following new AD: country, and is approved for operation Aviation Programs,’’ describes in more Fokker Services B.V.: Docket No. FAA– in the United States. Pursuant to our detail the scope of the Agency’s 2010–0701; Directorate Identifier 2010– bilateral agreement with the State of authority. NM–017–AD. Design Authority, we have been notified We are issuing this rulemaking under Comments Due Date of the unsafe condition described in the the authority described in ‘‘Subtitle VII, MCAI and service information Part A, Subpart III, Section 44701: (a) We must receive comments by referenced above. We are proposing this General requirements.’’ Under that September 10, 2010. AD because we evaluated all pertinent section, Congress charges the FAA with Affected ADs information and determined an unsafe promoting safe flight of civil aircraft in (b) This AD supersedes AD 2008–22–14, condition exists and is likely to exist or air commerce by prescribing regulations Amendment 39–15710.

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Applicability New Requirements of This AD: Actions Bulletin SBF100–27–092, dated April 27, (c) This AD applies to Fokker Services B.V. (h) Within 30 months after the effective 2009; and Goodrich Service Bulletin 23100– Model F.28 Mark 0100 airplanes, certificated date of this AD, do the actions specified in 27–29, dated November 14, 2008; for related in any category, all serial numbers. paragraphs (h)(1) and (h)(2) of this AD information. concurrently. Accomplishing the actions of Issued in Renton, Washington, on July 21, Subject both paragraphs (h)(1) and (h)(2) of this AD 2010. (d) Air Transport Association (ATA) of terminates the actions required by paragraph Jeffrey E. Duven, America Code 27: Flight Controls. (g) of this AD. (1) Remove the tie-wrap, P/N MS3367–2– Acting Manager, Transport Airplane Reason 9, from the lower bolts of the horizontal Directorate, Aircraft Certification Service. (e) The mandatory continuing stabilizer control unit, in accordance with the [FR Doc. 2010–18399 Filed 7–26–10; 8:45 am] airworthiness information (MCAI) states: Accomplishment Instructions of Fokker BILLING CODE 4910–13–P Two reports have been received where, Service Bulletin SBF100–27–092, dated April during inspection of the vertical stabilizer of 27, 2009. F28 Mark 0100 aeroplanes, one of the bolts (2) Remove the lower bolts, P/N 23233–1, DEPARTMENT OF TRANSPORTATION that connect the horizontal stabilizer control of the horizontal stabilizer control unit and unit actuator with the dog-links was found install bolts, P/N 23233–3, in accordance Federal Aviation Administration broken (one on the nut side & one on the with the Accomplishment Instructions of Goodrich Service Bulletin 23100–27–29, head side). In both occasions, the bolt shaft 14 CFR Part 39 was still present in the connection and dated November 14, 2008. (i) After accomplishing the requirements of therefore the horizontal stabilizer function [Docket No. FAA–2009–0864; Directorate paragraph (h) of this AD, do not install a bolt was not affected. If a single dog-link Identifier 2008–NM–202–AD] having P/N 23233–1 or a tie-wrap having connection fails, the complete stabilizer load P/N MS3367–2–9. is taken up by the remaining dog-link RIN 2120–AA64 connection. * * * FAA AD Differences To address and correct this unsafe Airworthiness Directives; DASSAULT Note 1: This AD differs from the MCAI condition EASA [European Aviation Safety AVIATION Model Falcon 10 Airplanes; and/or service information as follows: No Agency] issued AD 2007–0287 Model FAN JET FALCON, FAN JET difference. [corresponding FAA AD 2008–22–14] that FALCON SERIES C, D, E, F, and G required a one-time inspection of the affected Other FAA AD Provisions Airplanes; Model MYSTERE–FALCON bolts, * * * and replacement of failed bolts (j) The following provisions also apply to 200 Airplanes; Model MYSTERE– with serviceable parts. EASA AD 2007–0287 this AD: FALCON 20–C5, 20–D5, 20–E5, and also required the installation of a tie wrap (1) Alternative Methods of Compliance 20–F5 Airplanes; Model FALCON 2000 through the lower bolts of the horizontal (AMOCs): The Manager, International stabilizer control unit, to keep the bolt in and FALCON 2000EX Airplanes; and Branch, ANM–116, Transport Airplane Model MYSTERE–FALCON 50 and place in the event of a bolt head failure. Directorate, FAA, has the authority to Recent examination revealed that the bolts MYSTERE–FALCON 900 Airplanes, and approve AMOCs for this AD, if requested FALCON 900EX Airplanes failed due to stress corrosion, attributed to using the procedures found in 14 CFR 39.19. excessive bolt torque. Investigation of the Send information to Attn: Tom Rodriguez, recently failed bolts showed that the AGENCY: Federal Aviation Aerospace Engineer, International Branch, Administration (FAA), DOT. modification as required by AD 2007–0287 is ANM–116, Transport Airplane Directorate, not adequate. FAA, 1601 Lind Avenue, SW., Renton, ACTION: Supplemental notice of * * * * * Washington 98057–3356; telephone (425) proposed rulemaking (NPRM); Loss of horizontal stabilizer function could 227–1137; fax (425) 227–1149. Before using reopening of comment period. result in partial loss of control of the any approved AMOC on any airplane to airplane. which the AMOC applies, notify your SUMMARY: We are revising an earlier principal maintenance inspector (PMI) or NPRM for the products listed above. Compliance principal avionics inspector (PAI), as This action revises the earlier NPRM by (f) You are responsible for having the appropriate, or lacking a principal inspector, expanding the scope. This proposed AD actions required by this AD performed within your local Flight Standards District Office. results from mandatory continuing The AMOC approval letter must specifically the compliance times specified, unless the airworthiness information (MCAI) actions have already been done. reference this AD. (2) Airworthy Product: For any requirement originated by an aviation authority of Restatement of Requirements of AD 2008– in this AD to obtain corrective actions from another country to identify and correct 22–14 a manufacturer or other source, use these an unsafe condition on an aviation Actions and Compliance actions if they are FAA-approved. Corrective product. The MCAI describes the unsafe actions are considered FAA-approved if they condition as: (g) Unless already done, within 6 months are approved by the State of Design Authority after December 26, 2008 (the effective date of (or their delegated agent). You are required During maintenance on one aircraft, it was AD 2008–22–14), do the following actions. to assure the product is airworthy before it discovered that the overpressure capsules (1) Perform a one-time inspection (integrity is returned to service. were broken on both pressurization valves. check) for failure of the lower bolts of the (3) Reporting Requirements: For any Failure of the pressurization control stabilizer control unit dog-links, in reporting requirement in this AD, under the regulating valve (overpressure capsule) will accordance with the Accomplishment provisions of the Paperwork Reduction Act affect the aircraft’s overpressure protection Instructions of Fokker Service Bulletin (44 U.S.C. 3501 et seq.), the Office of * * *. SBF100–27–091, dated August 31, 2007. If a Management and Budget (OMB) has * * * * * failed bolt is found, before further flight, approved the information collection The unsafe condition is replace the bolt with a serviceable bolt in requirements and has assigned OMB Control overpressurization, which can result in accordance with the Accomplishment Number 2120–0056. injury to the occupants and possible Instructions of the service bulletin. (2) Install a tie-wrap through the lower Related Information structural failure leading to loss of bolts of the stabilizer control unit, in (k) Refer to MCAI EASA Airworthiness control of the airplane. The proposed accordance with the Accomplishment Directive 2009–0216, dated October 7, 2009; AD would require actions that are Instructions of Fokker Service Bulletin Fokker Service Bulletin SBF100–27–091, intended to address the unsafe SBF100–27–091, dated August 31, 2007. dated August 31, 2007; Fokker Service condition described in the MCAI.

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DATES: We must receive comments on economic, environmental, and energy AD, ‘‘as may be amended from time to this proposed AD by August 23, 2010. aspects of this proposed AD. We will time by Dassault Aviation.’’ ADDRESSES: You may send comments by consider all comments received by the We partially agree. For the reasons any of the following methods: closing date and may amend this provided by the commenter, we agree to • Federal eRulemaking Portal: Go to proposed AD based on those comments. identify the current maintenance http://www.regulations.gov. Follow the We will post all comments we procedures and have revised the instructions for submitting comments. receive, without change, to http:// Maintenance Procedure column of Table • Fax: (202) 493–2251. www.regulations.gov, including any 2 of this supplemental NPRM • Mail: U.S. Department of personal information you provide. We accordingly. We do not agree to add the Transportation, Docket Operations, will also post a report summarizing each phrase, ‘‘as may be amended from time M–30, West Building Ground Floor, substantive verbal contact we receive to time by Dassault Aviation,’’ as it Room W12–140, 1200 New Jersey about this proposed AD. contradicts FAA policy. We cannot refer Avenue, SE., Washington, DC 20590. to procedures or documents in our AD Discussion • Hand Delivery: U.S. Department of that do not yet exist. Operators may Transportation, Docket Operations, We proposed to amend 14 CFR part request approval to use a later revision M–30, West Building Ground Floor, 39 with an earlier NPRM for some of the of the specified maintenance procedure Room W12–40, 1200 New Jersey specified products, which was as an alternative method of compliance Avenue, SE., Washington, DC, between published in the Federal Register on with the proposed requirements under 9 a.m. and 5 p.m., Monday through September 21, 2009 (74 FR 48021). That the provisions of paragraph (h)(1) of this Friday, except Federal holidays. earlier NPRM proposed to require supplemental NPRM. For service information identified in actions intended to address the unsafe Explanation of Change Made to This this proposed AD, contact Dassault condition for the products listed above. Supplemental NPRM Falcon Jet, P.O. Box 2000, South Since that NPRM was issued, we have Hackensack, New Jersey 07606; determined that Model FAN JET We have revised this supplemental telephone 201–440–6700; Internet FALCON SERIES C, D, E, F, and G NPRM to identify the legal name of the http://www.dassaultfalcon.com. You airplanes are also subject to the manufacturer as published in the most may review copies of the referenced identified unsafe condition. We have recent type certificate data sheet for the service information at the FAA, revised the applicability in this affected airplane models. Transport Airplane Directorate, 1601 supplemental NPRM to include these FAA’s Determination and Requirements Lind Avenue, SW., Renton, Washington. airplanes. of This Proposed AD For information on the availability of This product has been approved by this material at the FAA, call 425–227– Comments the aviation authority of another 1221. We have considered the following country, and is approved for operation Examining the AD Docket comments received on the earlier in the United States. Pursuant to our NPRM. You may examine the AD docket on bilateral agreement with the State of the Internet at http:// Request To Extend Compliance Time Design Authority, we have been notified www.regulations.gov; or in person at the for Certain Airplanes of the unsafe condition described in the Docket Operations office between 9 a.m. MCAI and service information Dassault Aviation (Dassault) requests referenced above. We are proposing this and 5 p.m., Monday through Friday, that we extend the compliance times in except Federal holidays. The AD docket AD because we evaluated all pertinent Table 1 of the earlier NPRM for Model information and determined an unsafe contains this proposed AD, the MYSTERE-FALCON 900, FALCON regulatory evaluation, any comments condition exists and is likely to exist or 900EX, Model FALCON 2000, and develop on other products of the same received, and other information. The FALCON 2000EX airplanes from 1,630 street address for the Docket Operations type design. flight hours to 1,640 flight hours. Certain changes described above office (telephone (800) 647–5527) is in Dassault explains that 1,640 flight hours expand the scope of the earlier NPRM. the ADDRESSES section. Comments will is the correct amount of time for the As a result, we have determined that it be available in the AD docket shortly 1,600-flight-hour B-check interval and is necessary to reopen the comment after receipt. +40-flight-hour tolerance indicated in period to provide additional FOR FURTHER INFORMATION CONTACT: Tom the ‘‘General’’ section of each airplane’s opportunity for the public to comment Rodriguez, Aerospace Engineer, Chapter 5 Maintenance Schedule. on this proposed AD. International Branch, ANM–116, Dassault notes that this extended Transport Airplane Directorate, FAA, compliance time has been approved by Differences Between This AD and the 1601 Lind Avenue, SW., Renton, the European Aviation Safety Agency. MCAI or Service Information Washington 98057–3356; telephone We agree, for the reasons provided by We have reviewed the MCAI and (425) 227–1137; fax (425) 227–1149. the commenter. We have revised Table related service information and, in SUPPLEMENTARY INFORMATION: 1 of this supplemental NPRM general, agree with their substance. But accordingly. we might have found it necessary to use Comments Invited Request To Include Current different words from those in the MCAI We invite you to send any written Maintenance Procedure to ensure the AD is clear for U.S. relevant data, views, or arguments about operators and is enforceable. In making this proposed AD. Send your comments Dassault requests that we identify the these changes, we do not intend to differ to an address listed under the current maintenance procedures in the substantively from the information ADDRESSES section. Include ‘‘Docket No. AD. Dassault explains that later versions provided in the MCAI and related FAA–2009–0864; Directorate Identifier of the maintenance procedures have service information. 2008–NM–202–AD’’ at the beginning of been created since the earlier NPRM We might also have proposed your comments. We specifically invite was issued. Dassault also suggests that different actions in this AD from those comments on the overall regulatory, we add the phrase for Table 2 of this in the MCAI in order to follow FAA

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policies. Any such differences are proposed AD would not have a Applicability highlighted in a Note within the substantial direct effect on the States, on (c) This AD applies to the airplanes proposed AD. the relationship between the national identified in paragraphs (c)(1) and (c)(2) of Government and the States, or on the this AD, certificated in any category. Explanation of Change to Costs of distribution of power and (1) DASSAULT AVIATION Model Falcon Compliance responsibilities among the various 10 airplanes, Model FAN JET FALCON, FAN Since issuance of the earlier NPRM, levels of government. JET FALCON SERIES C, D, E, F, and G we have increased the labor rate used in airplanes, and Model MYSTERE-FALCON For the reasons discussed above, I the Costs of Compliance from $80 per 20–C5, 20–D5, 20–E5, and 20–F5 airplanes; certify this proposed regulation: all serial numbers, equipped with Liebherr or work-hour to $85 per work-hour. The ABG–Semca pressurization outflow valves. Costs of Compliance information, 1. Is not a ‘‘significant regulatory ’’ (2) DASSAULT AVIATION Model below, reflects this increase in the action under Executive Order 12866; MYSTERE-FALCON 200 airplanes, Model specified hourly labor rate. 2. Is not a ‘‘significant rule’’ under the MYSTERE-FALCON 50 and MYSTERE- FALCON 900, and FALCON 900EX airplanes, Costs of Compliance DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and and Model FALCON 2000 and FALCON Based on the service information, we 2000EX airplanes; all serial numbers. 3. Will not have a significant estimate that this proposed AD would Subject affect about 1,082 products of U.S. economic impact, positive or negative, registry. We also estimate that it would on a substantial number of small entities (d) Air Transport Association (ATA) of America Code 21: Air Conditioning. take about 1 work-hour per product to under the criteria of the Regulatory comply with the basic requirements of Flexibility Act. Reason this proposed AD. The average labor We prepared a regulatory evaluation (e) The mandatory continuing rate is $85 per work-hour. Based on of the estimated costs to comply with airworthiness information (MCAI) states: these figures, we estimate the cost of the this proposed AD and placed it in the ‘‘During maintenance on one aircraft, it was proposed AD on U.S. operators to be AD docket. discovered that the overpressure capsules $91,970, or $85 per product. were broken on both pressurization valves. List of Subjects in 14 CFR Part 39 Failure of the pressurization control Authority for This Rulemaking Air transportation, Aircraft, Aviation regulating valve (overpressure capsule) will affect the aircraft’s overpressure protection Title 49 of the United States Code safety, Safety. specifies the FAA’s authority to issue ***’’. rules on aviation safety. Subtitle I, The Proposed Amendment * * * * * section 106, describes the authority of The unsafe condition is overpressurization, Accordingly, under the authority the FAA Administrator. ‘‘Subtitle VII: which can result in injury to the occupants delegated to me by the Administrator, and possible structural failure leading to loss Aviation Programs,’’ describes in more the FAA proposes to amend 14 CFR part of control of the airplane. detail the scope of the Agency’s 39 as follows: authority. Compliance We are issuing this rulemaking under PART 39—AIRWORTHINESS (f) You are responsible for having the the authority described in ‘‘Subtitle VII, DIRECTIVES actions required by this AD performed within Part A, Subpart III, Section 44701: the compliance times specified, unless the actions have already been done. General requirements.’’ Under that 1. The authority citation for part 39 section, Congress charges the FAA with continues to read as follows: Inspection and Replacement promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. (g) Unless already done, do the following air commerce by prescribing regulations actions for practices, methods, and procedures § 39.13 [Amended] (1) Within 6 months after the effective date the Administrator finds necessary for of this AD, or before reaching the applicable safety in air commerce. This regulation 2. The FAA amends § 39.13 by adding time in the ‘‘Inspection Threshold’’ column is within the scope of that authority the following new AD: specified in Table 1 of this AD, whichever because it addresses an unsafe condition Dassault Aviation: Docket No. FAA–2009– occurs later, and thereafter at intervals not to that is likely to exist or develop on 0864; Directorate Identifier 2008–NM– exceed the applicable time in the ‘‘Inspection ’’ products identified in this rulemaking 202–AD. Interval column specified in Table 1 of this AD: Inspect for overpressure tightness on action. Comments Due Date both regulating valves using a method Regulatory Findings (a) We must receive comments by August approved by either the Manager, 23, 2010. International Branch, ANM–116, Transport We determined that this proposed AD Airplane Directorate, FAA; or the European would not have federalism implications Affected ADs Aviation Safety Agency (EASA) (or its under Executive Order 13132. This (b) None. delegated agent).

TABLE 1—COMPLIANCE TIMES

Affected airplanes Inspection threshold (whichever occurs later) Inspection interval

Model FAN JET FALCON, FAN JET FALCON Prior to the accumulation of Within 1,250 flight hours after 1,250 flight hours. SERIES C, D, E, F, and G airplanes, and 1,250 total flight hours on the the valve was cleaned in ac- Model MYSTERE-FALCON 20–C5, 20–D5, regulating valve since new. cordance with this AD. 20–E5, and 20–F5 airplanes equipped with Liebherr or ABG–Semca valves part number (P/N) 209xx0xxx0x; Model MYSTERE-FALCON 200 airplanes;

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TABLE 1—COMPLIANCE TIMES—Continued Model Falcon 10 airplanes, equipped with Liebherr or ABG–Semca valves P/N 209xx0xxx0x. Model MYSTERE-FALCON 50 airplanes...... Prior to the accumulation of Within 1,630 flight hours after 1,630 flight hours. 1,630 total flight hours on the the valve was cleaned in ac- regulating valve since new. cordance with this AD. Model MYSTERE-FALCON 900, FALCON Prior to the accumulation of Within 1,640 flight hours after 1,640 flight hours. 900EX (including ‘‘F900EX–EASy’’ and 1,640 total flight hours on the the valve was cleaned in ac- ‘‘F900DX’’), Model FALCON 2000, and FAL- regulating valve since new. cordance with this AD. CON 2000EX (including ‘‘F2000EX–EASy’’ and ‘‘F2000DX’’) airplanes.

Note 1: Guidance on inspecting for airplane maintenance manual identified in overpressure tightness on both regulating Table 2 of this AD. valves can be found in the applicable

TABLE 2—MAINTENANCE MANUAL GUIDANCE

See Dassault maintenance For affected airplanes— procedure— In maintenance manual—

Model Falcon 10 airplanes, equipped with Liebherr or 21–32–01, dated July 2009 ...... Dassault Falcon 10 Maintenance Manual. ABG–Semca valves P/N 209xx0xxx0x. Model FALCON 900EX (including ‘‘F900EX–EASy’’ and 21–314, dated September 2008 ...... Dassault Falcon 900EX EASy Mainte- ‘‘F900DX’’) airplanes. nance Manual. Model FALCON 2000 and FALCON 2000EX (including 21–314, dated November 2008 ...... Dassault Falcon 2000 Maintenance Man- ‘‘F2000EX–EASy’’) airplanes. ual. Model FALCON F2000DX airplanes ...... 21–314, dated November 2008 ...... Dassault Falcon 2000DX Maintenance Manual. Model FAN JET FALCON, FAN JET FALCON SERIES C, D, E, F, and G airplanes,. MYSTERE-FALCON 20–C5, 20–D5, ...... 21–31–10, dated October 2008...... Dassault Fan Jet Falcon Maintenance 20–E5, and 20–F5 airplanes; equipped with Liebherr or Manual. ABG–Semca valves part number (P/N) 209xx0xxx0x. Model MYSTERE-FALCON 50 airplanes ...... 21–160, dated January 2009 ...... Dassault Falcon 50/50EX Maintenance Manual. Model MYSTERE-FALCON 200 airplanes ...... 051.0, dated December 2008 ...... Dassault Falcon 200 Maintenance Man- ual. Model MYSTERE-FALCON 900 airplanes ...... 21–308, dated October 2008 ...... Dassault Falcon 900 Maintenance Man- ual.

(2) If any leak is found during any Directorate, FAA, has the authority to Management and Budget (OMB) has inspection required by paragraph (g)(1) of approve AMOCs for this AD, if requested approved the information collection this AD, before further flight, replace the using the procedures found in 14 CFR 39.19. requirements and has assigned OMB Control affected valve with a serviceable unit, using Send information to Attn: Tom Rodriguez, Number 2120–0056. a method approved by either the Manager, Aerospace Engineer, International Branch, International Branch, ANM–116, Transport ANM–116, Transport Airplane Directorate, Related Information Airplane Directorate, FAA; or the EASA (or FAA, 1601 Lind Avenue, SW., Renton, (i) Refer to MCAI EASA Airworthiness Washington 98057–3356; telephone (425) its delegated agent). Directive 2008–0072, dated April 18, 2008, 227–1137; fax (425) 227–1149. Before using Note 2: Guidance on replacing regulating for related information. valves can be found in the applicable any approved AMOC on any airplane to airplane maintenance manual identified in which the AMOC applies, notify your Issued in Renton, Washington, on July 16, Table 2 of this AD. principal maintenance inspector (PMI) or 2010. principal avionics inspector (PAI), as Ali Bahrami, FAA AD Differences appropriate, or lacking a principal inspector, your local Flight Standards District Office. Manager, Transport Airplane Directorate, Note 3: This AD differs from the MCAI as The AMOC approval letter must specifically Aircraft Certification Service. follows: Although paragraph (3) of the reference this AD. [FR Doc. 2010–18292 Filed 7–26–10; 8:45 am] compliance section of the MCAI allows flight (2) Airworthy Product: For any requirement in accordance with the master minimum in this AD to obtain corrective actions from BILLING CODE 4910–13–P equipment list (MMEL) provisions after leaks a manufacturer or other source, use these are found, paragraph (g)(2) of this AD actions if they are FAA-approved. Corrective requires replacing affected valves before actions are considered FAA-approved if they further flight. are approved by the State of Design Authority (or their delegated agent). You are required Other FAA AD Provisions to assure the product is airworthy before it (h) The following provisions also apply to is returned to service. this AD: (3) Reporting Requirements: For any (1) Alternative Methods of Compliance reporting requirement in this AD, under the (AMOCs): The Manager, International provisions of the Paperwork Reduction Act Branch, ANM–116, Transport Airplane (44 U.S.C. 3501 et seq.), the Office of

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DEPARTMENT OF TRANSPORTATION Washington, DC, between 9 a.m. and 5 We will post all comments we p.m., Monday through Friday, except receive, without change, to http:// Federal Aviation Administration Federal holidays. www.regulations.gov, including any For service information identified in personal information you provide. We 14 CFR Part 39 this proposed AD, contact Bombardier, will also post a report summarizing each [Docket No. FAA–2010–0700; Directorate Inc., 400 Coˆte-Vertu Road West, Dorval, substantive verbal contact we receive Identifier 2010–NM–123–AD] Que´bec H4S 1Y9, Canada; telephone about this proposed AD. 514–855–5000; fax 514–855–7401; Discussion RIN 2120–AA64 e-mail [email protected]; Transport Canada Civil Aviation Airworthiness Directives; Bombardier, Internet http://www.bombardier.com. (TCCA), which is the aviation authority Inc. Model CL–600–2C10 (Regional Jet You may review copies of the for Canada, has issued Canadian Series 700, 701, & 702), CL–600–2D15 referenced service information at the Airworthiness Directive CF–2010–13, (Regional Jet Series 705), and CL–600– FAA, Transport Airplane Directorate, dated May 6, 2010 (referred to after this 2D24 (Regional Jet Series 900) 1601 Lind Avenue, SW., Renton, as ‘‘the MCAI’’), to correct an unsafe Airplanes Washington. For information on the availability of this material at the FAA, condition for the specified products. AGENCY: Federal Aviation call 425–227–1221. The MCAI states: Administration (FAA), DOT. Examining the AD Docket The manufacturer has informed Transport ACTION: Notice of proposed rulemaking Canada that a certain number of the resolver (NPRM). You may examine the AD docket on stators, which were installed in the angle of the Internet at http:// attack (AOA) transducers, were not cleaned SUMMARY: We propose to adopt a new www.regulations.gov; or in person at the correctly. This condition can degrade the airworthiness directive (AD) for the Docket Operations office between 9 a.m. AOA transducer performance at low products listed above. This proposed and 5 p.m., Monday through Friday, temperatures resulting in freezing of the AOA except Federal holidays. The AD docket transducer resolver, which may provide AD results from mandatory continuing inaccurate AOA data to the Stall Protection airworthiness information (MCAI) contains this proposed AD, the System (SPS). If not corrected, this condition originated by an aviation authority of regulatory evaluation, any comments can result in early or late activation of the another country to identify and correct received, and other information. The stick shaker and/or stick pusher. an unsafe condition on an aviation street address for the Docket Operations These conditions could result in product. The MCAI describes the unsafe office (telephone (800) 647–5527) is in reduced ability of the flight crew to condition as: the ADDRESSES section. Comments will maintain a safe flight and landing of the The manufacturer has informed Transport be available in the AD docket shortly after receipt. airplane. The required actions include Canada that a certain number of the resolver an inspection to determine if certain stators, which were installed in the angle of FOR FURTHER INFORMATION CONTACT: AOA transducers are installed and attack (AOA) transducers, were not cleaned Joseph Licata, Aerospace Engineer, replacement of affected transducers. correctly. This condition can degrade the Avionics and Flight Test Branch, ANE– AOA transducer performance at low You may obtain further information by 172, FAA, New York Aircraft examining the MCAI in the AD docket. temperatures resulting in freezing of the AOA Certification Office (ACO), 1600 Stewart transducer resolver, which may provide Relevant Service Information inaccurate AOA data to the Stall Protection Avenue, Suite 410, Westbury, New York System (SPS). If not corrected, this condition 11590; telephone (516) 228–7361; fax Bombardier has issued Alert Service can result in early or late activation of the (516) 794–5531. Bulletin A670BA–27–054, Revision A, stick shaker and/or stick pusher. SUPPLEMENTARY INFORMATION: dated January 18, 2010. The actions These conditions could result in Comments Invited described in this service information are reduced ability of the flight crew to intended to correct the unsafe condition maintain a safe flight and landing of the We invite you to send any written identified in the MCAI. airplane. The proposed AD would relevant data, views, or arguments about this proposed AD. Send your comments FAA’s Determination and Requirements require actions that are intended to of This Proposed AD address the unsafe condition described to an address listed under the in the MCAI. ADDRESSES section. Include ‘‘Docket No. This product has been approved by FAA–2010–0700; Directorate Identifier the aviation authority of another DATES: We must receive comments on 2010–NM–123–AD’’ at the beginning of country, and is approved for operation this proposed AD by September 10, your comments. We specifically invite in the United States. Pursuant to our 2010. comments on the overall regulatory, bilateral agreement with the State of ADDRESSES: You may send comments by economic, environmental, and energy Design Authority, we have been notified any of the following methods: aspects of this proposed AD. We will of the unsafe condition described in the • Federal eRulemaking Portal: Go to consider all comments received by the MCAI and service information http://www.regulations.gov. Follow the closing date and may amend this referenced above. We are proposing this instructions for submitting comments. proposed AD based on those comments. AD because we evaluated all pertinent • Fax: (202) 493–2251. We have lengthened the 30-day information and determined an unsafe • Mail: U.S. Department of comment period for proposed ADs that condition exists and is likely to exist or Transportation, Docket Operations, M– address MCAI originated by aviation develop on other products of the same 30, West Building Ground Floor, Room authorities of other countries to provide type design. W12–140, 1200 New Jersey Avenue, SE., adequate time for interested parties to Washington, DC 20590. submit comments. The comment period Differences Between This AD and the • Hand Delivery: U.S. Department of for these proposed ADs is now typically MCAI or Service Information Transportation, Docket Operations, M– 45 days, which is consistent with the We have reviewed the MCAI and 30, West Building Ground Floor, Room comment period for domestic transport related service information and, in W12–40, 1200 New Jersey Avenue, SE., ADs. general, agree with their substance. But

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we might have found it necessary to use 2. Is not a ‘‘significant rule’’ under the These conditions could result in reduced different words from those in the MCAI DOT Regulatory Policies and Procedures ability of the flight crew to maintain a safe to ensure the AD is clear for U.S. (44 FR 11034, February 26, 1979); and flight and landing of the airplane. operators and is enforceable. In making 3. Will not have a significant Compliance these changes, we do not intend to differ economic impact, positive or negative, (f) You are responsible for having the substantively from the information on a substantial number of small entities actions required by this AD performed within provided in the MCAI and related under the criteria of the Regulatory the compliance times specified, unless the service information. Flexibility Act. actions have already been done. We prepared a regulatory evaluation We might also have proposed Inspection of the estimated costs to comply with different actions in this AD from those (g) Within 750 flight hours after the in the MCAI in order to follow FAA this proposed AD and placed it in the AD docket. effective date of this AD, inspect the serial policies. Any such differences are number of each AOA transducer having P/N highlighted in a NOTE within the List of Subjects in 14 CFR Part 39 C16258AA to determine if the serial number proposed AD. is identified in paragraph 1.A. of Bombardier Air transportation, Aircraft, Aviation Alert Service Bulletin A670BA–27–054, Costs of Compliance safety, Incorporation by reference, Revision A, dated January 18, 2010, in Based on the service information, we Safety. accordance with the Accomplishment estimate that this proposed AD would Instructions of Bombardier Alert Service The Proposed Amendment Bulletin A670BA–27–054, Revision A, dated affect about 380 products of U.S. Accordingly, under the authority January 18, 2010. A review of airplane registry. We also estimate that it would delegated to me by the Administrator, maintenance records is acceptable in lieu of take about 1 work-hour per product to the FAA proposes to amend 14 CFR part this inspection if the serial number of the comply with the basic requirements of 39 as follows: AOA transducer can be conclusively this proposed AD. The average labor determined from that review. rate is $85 per work-hour. Based on PART 39—AIRWORTHINESS (1) If the serial number is not listed in these figures, we estimate the cost of the DIRECTIVES paragraph 1.A. of Bombardier Alert Service proposed AD on U.S. operators to be Bulletin A670BA–27–054, Revision A, dated January 18, 2010, no further action is $32,300, or $85 per product. 1. The authority citation for part 39 continues to read as follows: required by this AD other than compliance Authority for This Rulemaking with paragraph (h) of this AD. Authority: 49 U.S.C. 106(g), 40113, 44701. (2) If the serial number is listed in Title 49 of the United States Code paragraph 1.A. of Bombardier Alert Service specifies the FAA’s authority to issue § 39.13 [Amended] Bulletin A670BA–27–054, Revision A, dated rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by adding January 18, 2010, and has the suffix ‘‘C’’, no section 106, describes the authority of the following new AD: further action is required by this AD other the FAA Administrator. ‘‘Subtitle VII: Bombardier, Inc.: Docket No. FAA–2010– than compliance with paragraph (h) of this AD. Aviation Programs,’’ describes in more 0700; Directorate Identifier 2010–NM– 123–AD. (3) If the serial number is listed in detail the scope of the Agency’s paragraph 1.A. of Bombardier Alert Service authority. Comments Due Date Bulletin A670BA–27–054, Revision A, dated We are issuing this rulemaking under (a) We must receive comments by January 18, 2010, and does not have the the authority described in ‘‘Subtitle VII, September 10, 2010. suffix ‘‘C’’, before further flight, replace the Part A, Subpart III, Section 44701: AOA transducer with a new or serviceable Affected ADs General requirements.’’ Under that transducer, in accordance with Part C of the section, Congress charges the FAA with (b) None. Accomplishment Instructions of Bombardier Alert Service Bulletin A670BA–27–054, promoting safe flight of civil aircraft in Applicability Revision A, dated January 18, 2010. air commerce by prescribing regulations (c) This AD applies to Bombardier, Inc. Note 1: To replace any AOA transducer, for practices, methods, and procedures Model CL–600–2C10 (Regional Jet Series 700, the replacement AOA transducer must either the Administrator finds necessary for 701, & 702), CL–600–2D15 (Regional Jet be outside of the affected serial numbers as safety in air commerce. This regulation Series 705), and CL–600–2D24 (Regional Jet identified in paragraph 1.A. of Bombardier is within the scope of that authority Series 900) airplanes, certificated in any Alert Service Bulletin A670BA–27–054, because it addresses an unsafe condition category, equipped with Thales angle of Revision A, dated January 18, 2010, or have attack transducers having part number (P/N) the suffix ‘‘C’’. that is likely to exist or develop on C16258AA. products identified in this rulemaking (h) As of the effective date of this AD, no action. Subject AOA transducer having both a serial number (d) Air Transport Association (ATA) of and P/N C16258AA as identified in Regulatory Findings America Code 27: Flight Controls. paragraph 1.A. of Bombardier Alert Service Bulletin A670BA–27–054, Revision A, dated We determined that this proposed AD Reason January 18, 2010, may be installed on any would not have federalism implications (e) The mandatory continuing airplane unless the AOA transducer has been under Executive Order 13132. This airworthiness information (MCAI) states: inspected by the manufacturer and identified ‘‘ ’’ proposed AD would not have a ‘‘The manufacturer has informed Transport with the suffix C . substantial direct effect on the States, on Canada that a certain number of the resolver FAA AD Differences the relationship between the national stators, which were installed in the angle of Government and the States, or on the attack (AOA) transducers, were not cleaned Note 2: This AD differs from the MCAI distribution of power and correctly. This condition can degrade the and/or service information as follows: No responsibilities among the various AOA transducer performance at low differences. levels of government. temperatures resulting in freezing of the AOA transducer resolver, which may provide Other FAA AD Provisions For the reasons discussed above, I inaccurate AOA data to the Stall Protection (i) The following provisions also apply to certify this proposed regulation: System (SPS). If not corrected, this condition this AD: 1. Is not a ‘‘significant regulatory can result in early or late activation of the (1) Alternative Methods of Compliance action’’ under Executive Order 12866; stick shaker and/or stick pusher.’’ (AMOCs): The Manager, New York Aircraft

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Certification Office (ACO), ANE–170, FAA, Rules (IFR) operations at Searcy the FAA’s Web page at http:// has the authority to approve AMOCs for this Municipal Airport. www.faa.gov/airports_airtraffic/ AD, if requested using the procedures found DATES: 0901 UTC. Comments must be air_traffic/publications/ in 14 CFR 39.19. Send information to ATTN: received on or before September 10, airspace_amendments/. Program Manager, Continuing Operational You may review the public docket Safety, FAA, New York ACO, 1600 Stewart 2010. containing the proposal, any comments Avenue, Suite 410, Westbury, New York ADDRESSES: Send comments on this received and any final disposition in 11590; telephone 516–228–7300; fax 516– proposal to the U.S. Department of person in the Dockets Office (see 794–5531. Before using any approved AMOC Transportation, Docket Operations, 1200 ADDRESSES section for address and on any airplane to which the AMOC applies, New Jersey Avenue, SE., West Building phone number) between 9 a.m. and notify your principal maintenance inspector Ground Floor, Room W12–140, (PMI) or principal avionics inspector (PAI), 5 p.m., Monday through Friday, except Washington, DC 20590–0001. You must as appropriate, or lacking a principal Federal holidays. An informal docket identify the docket number FAA–2009– inspector, your local Flight Standards District may also be examined during normal Office. The AMOC approval letter must 1182/Airspace Docket No. 09–ASW–37, business hours at the office of the specifically reference this AD. at the beginning of your comments. You Central Service Center, 2601 Meacham (2) Airworthy Product: For any requirement may also submit comments through the in this AD to obtain corrective actions from Blvd., Fort Worth, TX 76137. Internet at http://www.regulations.gov. Persons interested in being placed on a manufacturer or other source, use these You may review the public docket actions if they are FAA-approved. Corrective a mailing list for future NPRMs should containing the proposal, any comments contact the FAA’s Office of Rulemaking actions are considered FAA-approved if they received, and any final disposition in are approved by the State of Design Authority (202) 267–9677, to request a copy of (or their delegated agent). You are required person in the Dockets Office between Advisory Circular No. 11–2A, Notice of to assure the product is airworthy before it 9 a.m. and 5 p.m., Monday through Proposed Rulemaking Distribution is returned to service. Friday, except Federal holidays. The System, which describes the application (3) Reporting Requirements: For any Docket Office (telephone 1–800–647– procedure. reporting requirement in this AD, under the 5527), is on the ground floor of the provisions of the Paperwork Reduction Act building at the above address. The Proposal (44 U.S.C. 3501 et seq.), the Office of FOR FURTHER INFORMATION CONTACT: This action proposes to amend Title Management and Budget (OMB) has 14, Code of Federal Regulations (14 approved the information collection Scott Enander, Central Service Center, requirements and has assigned OMB Control Operations Support Group, Federal CFR), Part 71 by modifying Class E Number 2120–0056. Aviation Administration, Southwest airspace extending upward from 700 Region, 2601 Meacham Blvd, Fort feet above the surface for standard Related Information Worth, TX 76137; telephone: (817) 321– instrument approach procedures at (j) Refer to MCAI Canadian Airworthiness 7716. Searcy Municipal Airport, Searcy, AR. Directive CF–2010–13, dated May 6, 2010; SUPPLEMENTARY INFORMATION: Airspace reconfiguration is necessary and Bombardier Alert Service Bulletin due to the decommissioning of the A670BA–27–054, Revision A, dated January Comments Invited Searcy NDB and the cancellation of the 18, 2010; for related information. Interested parties are invited to NDB approach. Geographic coordinates Issued in Renton, Washington, on July 16, participate in this proposed rulemaking would also be adjusted in accordance 2010. by submitting such written data, views, with the FAA’s National Aerospace Ali Bahrami, or arguments, as they may desire. Charting Office. Controlled airspace is Manager, Transport Airplane Directorate, Comments that provide the factual basis necessary for the safety and Aircraft Certification Service. supporting the views and suggestions management of IFR operations at the [FR Doc. 2010–18291 Filed 7–26–10; 8:45 am] presented are particularly helpful in airport. BILLING CODE 4910–13–P developing reasoned regulatory Class E airspace areas are published decisions on the proposal. Comments in Paragraph 6005 of FAA Order are specifically invited on the overall 7400.9T, dated August 27, 2009, and DEPARTMENT OF TRANSPORTATION regulatory, aeronautical, economic, effective September 15, 2009, which is environmental, and energy-related incorporated by reference in 14 CFR Federal Aviation Administration aspects of the proposal. 71.1. The Class E airspace designation Communications should identify both listed in this document would be 14 CFR Part 71 docket numbers and be submitted in published subsequently in the Order. triplicate to the address listed above. The FAA has determined that this [Docket No. FAA–2009–1182; Airspace Commenters wishing the FAA to proposed regulation only involves an Docket No. 09–ASW–37] acknowledge receipt of their comments established body of technical Proposed Amendment of Class E on this notice must submit with those regulations for which frequent and Airspace; Searcy, AR comments a self-addressed, stamped routine amendments are necessary to postcard on which the following keep them operationally current. It, AGENCY: Federal Aviation statement is made: ‘‘Comments to therefore, (1) is not a ‘‘significant Administration (FAA), DOT. Docket No. FAA–2009–1182/Airspace regulatory action’’ under Executive ACTION: Notice of proposed rulemaking Docket No. 09–ASW–37.’’ The postcard Order 12866; (2) is not a ‘‘significant (NPRM). will be date/time stamped and returned rule’’ under DOT Regulatory Policies to the commenter. and Procedures (44 FR 11034; February SUMMARY: This action proposes to 26, 1979); and (3) does not warrant amend Class E airspace at Searcy, AR. Availability of NPRMs preparation of a Regulatory Evaluation Decommissioning of the Searcy non- An electronic copy of this document as the anticipated impact is so minimal. directional beacon (NDB) at Searcy may be downloaded through the Since this is a routine matter that will Municipal Airport, Searcy, AR, has Internet at http://www.regulations.gov. only affect air traffic procedures and air made this action necessary for the safety Recently published rulemaking navigation, it is certified that this rule, and management of Instrument Flight documents can also be accessed through when promulgated, will not have a

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significant economic impact on a DEPARTMENT OF TRANSPORTATION decisions on the proposal. Comments substantial number of small entities are specifically invited on the overall under the criteria of the Regulatory Federal Aviation Administration regulatory, aeronautical, economic, Flexibility Act. environmental, and energy-related The FAA’s authority to issue rules 14 CFR Part 71 aspects of the proposal. regarding aviation safety is found in [Docket No. FAA–2010–0604; Airspace Communications should identify both Title 49 of the U.S. Code. Subtitle 1, Docket No. 10–ACE–5] docket numbers and be submitted in Section 106 describes the authority of triplicate to the address listed above. the FAA Administrator. Subtitle VII, Proposed Amendment of Class E Commenters wishing the FAA to Aviation Programs, describes in more Airspace; Kaiser/Lake Ozark, MO acknowledge receipt of their comments detail the scope of the agency’s on this notice must submit with those AGENCY: authority. This rulemaking is Federal Aviation comments a self-addressed, stamped promulgated under the authority Administration (FAA), DOT. postcard on which the following described in Subtitle VII, Part A, ACTION: Notice of proposed rulemaking statement is made: ‘‘Comments to Subpart I, Section 40103. Under that (NPRM). Docket No. FAA–2010–0604/Airspace section, the FAA is charged with ’’ SUMMARY: This action proposes to Docket No. 10–ACE–5. The postcard prescribing regulations to assign the use amend Class E airspace for the Kaiser/ will be date/time stamped and returned of airspace necessary to ensure the Lake Ozark, MO, area. Additional to the commenter. safety of aircraft and the efficient use of controlled airspace is necessary to airspace. This regulation is within the Availability of NPRMs accommodate new Standard Instrument scope of that authority as it would Approach Procedures (SIAPs) at An electronic copy of this document modify controlled airspace at Searcy Camdenton Memorial Airport. The FAA may be downloaded through the Municipal Airport, Searcy, AR. is taking this action to enhance the Internet at http://www.regulations.gov. Recently published rulemaking List of Subjects in 14 CFR Part 71 safety and management of Instrument documents can also be accessed through Airspace, Incorporation by reference, Flight Rules (IFR) operations at the airport. the FAA’s Web page at http:// Navigation (air). www.faa.gov/airports_airtraffic/ DATES: 0901 UTC. Comments must be _ The Proposed Amendment air traffic/publications/ received on or before September 10, airspace_amendments/. In consideration of the foregoing, the 2010. You may review the public docket Federal Aviation Administration ADDRESSES: Send comments on this containing the proposal, any comments proposes to amend 14 CFR Part 71 as proposal to the U.S. Department of received and any final disposition in follows: Transportation, Docket Operations, 1200 person in the Dockets Office (see PART 71—DESIGNATION OF CLASS A, New Jersey Avenue, SE., West Building ADDRESSES section for address and B, C, D, AND E AIRSPACE AREAS; AIR Ground Floor, Room W12–140, phone number) between 9 a.m. and TRAFFIC SERVICE ROUTES; AND Washington, DC 20590–0001. You must 5 p.m., Monday through Friday, except REPORTING POINTS identify the docket number FAA–2010– Federal holidays. An informal docket 0604/Airspace Docket No. 10–ACE–5, at may also be examined during normal 1. The authority citation for part 71 the beginning of your comments. You business hours at the office of the continues to read as follows: may also submit comments through the Central Service Center, 2601 Meacham Authority: 49 U.S.C. 106(g); 40103, 40113, Internet at http://www.regulations.gov. Blvd., Fort Worth, TX 76137. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– You may review the public docket Persons interested in being placed on 1963 Comp., p. 389. containing the proposal, any comments a mailing list for future NPRMs should received, and any final disposition in contact the FAA’s Office of Rulemaking § 71.1 [Amended] person in the Dockets Office between 9 202–267–9677, to request a copy of 2. The incorporation by reference in a.m. and 5 p.m., Monday through Advisory Circular No. 11–2A, Notice of 14 CFR 71.1 of FAA Order 7400.9T, Friday, except Federal holidays. The Proposed Rulemaking Distribution Airspace Designations and Reporting Docket Office (telephone 1–800–647– System, which describes the application Points, signed August 27, 2009, and 5527), is on the ground floor of the procedure. effective September 15, 2009, is building at the above address. The Proposal amended as follows: FOR FURTHER INFORMATION CONTACT: Paragraph 6005 Class E Airspace areas Scott Enander, Central Service Center, This action proposes to amend Title extending upward from 700 feet or more Operations Support Group, Federal 14, Code of Federal Regulations (14 above the surface of the earth. Aviation Administration, Southwest CFR), part 71 by adding additional Class * * * * * Region, 2601 Meacham Blvd., Fort E airspace extending upward from 700 feet above the surface for the Kaiser/ ASW AR E5 Searcy, AR [Amended] Worth, TX 76137; telephone: 817–321– 7716. Lake Ozark, MO area, to accommodate Searcy Municipal Airport, AR ° ′ ″ ° ′ ″ SUPPLEMENTARY INFORMATION: SIAPs at Camdenton Memorial Airport, (Lat. 35 12 38 N., long. 91 44 15 W.) Camdenton, MO. Additional controlled That airspace extending upward from 700 Comments Invited airspace is needed for the safety and feet above the surface within a 6.5-mile management of IFR operations at the radius of Searcy Municipal Airport. Interested parties are invited to participate in this proposed rulemaking airport. Issued in Fort Worth, TX, on July 12, 2010. by submitting such written data, views, Class E airspace areas are published Roger M. Trevino, or arguments, as they may desire. in Paragraph 6005 of FAA Order Acting Manager, Operations Support Group, Comments that provide the factual basis 7400.9T, dated August 27, 2009, and ATO Central Service Center. supporting the views and suggestions effective September 15, 2009, which is [FR Doc. 2010–18257 Filed 7–26–10; 8:45 am] presented are particularly helpful in incorporated by reference in 14 CFR BILLING CODE 4901–13–P developing reasoned regulatory 71.1. The Class E airspace designation

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listed in this document would be effective September 15, 2009, is identify the docket number FAA–2010– published subsequently in the Order. amended as follows: 0404/Airspace Docket No. 10–ASW–7, The FAA has determined that this Paragraph 6005 Class E Airspace areas at the beginning of your comments. You proposed regulation only involves an extending upward from 700 feet or more may also submit comments through the established body of technical above the surface of the earth. Internet at http://www.regulations.gov. regulations for which frequent and * * * * * You may review the public docket routine amendments are necessary to containing the proposal, any comments keep them operationally current. It, ACE MO E5 Kaiser/Lake Ozark, MO received, and any final disposition in therefore, (1) is not a ‘‘significant [Amended] person in the Dockets Office between 9 regulatory action’’ under Executive Kaiser/Lake Ozark, Lee C. Fine Memorial a.m. and 5 p.m., Monday through Order 12866; (2) is not a ‘‘significant Airport, MO Friday, except Federal holidays. The (Lat. 38°05′46″ N., long. 92°32′58″ W.) rule’’ under DOT Regulatory Policies Docket Office (telephone 1–800–647– and Procedures (44 FR 11034; February Camdenton, Camdenton Memorial Airport, MO 5527), is on the ground floor of the 26, 1979); and (3) does not warrant (Lat. 37°58′26″ N., long. 92°41′28″ W.) building at the above address. preparation of a Regulatory Evaluation Osage Beach, Grand Glaize-Osage Beach FOR FURTHER INFORMATION CONTACT: as the anticipated impact is so minimal. Airport, MO Scott Enander, Central Service Center, ° ′ ″ ° ′ ″ Since this is a routine matter that will (Lat. 38 06 38 N., long. 92 40 50 W.) Operations Support Group, Federal only affect air traffic procedures and air That airspace extending upward from 700 Aviation Administration, Southwest navigation, it is certified that this rule, feet above the surface within a 7-mile radius Region, 2601 Meacham Blvd., Fort when promulgated, will not have a of Lee C. Fine Memorial Airport, and within Worth, TX 76137; telephone: 817–321– significant economic impact on a a 6.3-mile radius of Camdenton Memorial 7716. substantial number of small entities Airport, and within 4 miles each side of the ° under the criteria of the Regulatory 155 bearing from the airport extending from SUPPLEMENTARY INFORMATION: the 6.3 mile radius to 10.5 miles southeast of Flexibility Act. Comments Invited The FAA’s authority to issue rules the airport, and within a 6.3-mile radius of Grand Glaize-Osage Beach Airport. regarding aviation safety is found in Interested parties are invited to Title 49 of the U.S. Code. Subtitle 1, Issued in Fort Worth, TX, on July 1, 2010. participate in this proposed rulemaking section 106 describes the authority of Anthony D. Roetzel, by submitting such written data, views, the FAA Administrator. Subtitle VII, Manager, Operations Support Group, ATO or arguments, as they may desire. Aviation Programs, describes in more Central Service Center. Comments that provide the factual basis detail the scope of the agency’s [FR Doc. 2010–18259 Filed 7–26–10; 8:45 am] supporting the views and suggestions authority. This rulemaking is BILLING CODE 4901–13–P presented are particularly helpful in promulgated under the authority developing reasoned regulatory described in subtitle VII, part A, subpart decisions on the proposal. Comments I, section 40103. Under that section, the DEPARTMENT OF TRANSPORTATION are specifically invited on the overall FAA is charged with prescribing regulatory, aeronautical, economic, regulations to assign the use of airspace Federal Aviation Administration environmental, and energy-related necessary to ensure the safety of aircraft aspects of the proposal. and the efficient use of airspace. This 14 CFR Part 71 Communications should identify both docket numbers and be submitted in regulation is within the scope of that [Docket No. FAA–2010–0404; Airspace authority as it would add additional Docket No. 10–ASW–7] triplicate to the address listed above. controlled airspace in the Kaiser/Lake Commenters wishing the FAA to Ozark, MO airspace area. Proposed Amendment of Class E acknowledge receipt of their comments Airspace; Corpus Christi, TX on this notice must submit with those List of Subjects in 14 CFR Part 71 comments a self-addressed, stamped Airspace, Incorporation by reference, AGENCY: Federal Aviation postcard on which the following Navigation (air). Administration (FAA), DOT. statement is made: ‘‘Comments to ACTION: Notice of proposed rulemaking Docket No. FAA–2010–0404/Airspace The Proposed Amendment (NPRM). Docket No. 10–ASW–7.’’ The postcard In consideration of the foregoing, the will be date/time stamped and returned SUMMARY: This action proposes to Federal Aviation Administration to the commenter. proposes to amend 14 CFR part 71 as amend Class E airspace in the Corpus follows: Christi, TX area. Additional controlled Availability of NPRMs airspace is necessary to accommodate An electronic copy of this document PART 71—DESIGNATION OF CLASS A, new Standard Instrument Approach may be downloaded through the B, C, D, AND E AIRSPACE AREAS; AIR Procedures (SIAPs) at Corpus Christi Internet at http://www.regulations.gov. TRAFFIC SERVICE ROUTES; AND International Airport. The FAA is taking Recently published rulemaking REPORTING POINTS this action to enhance the safety and documents can also be accessed through management of Instrument Flight Rules 1. The authority citation for part 71 the FAA’s Web page at http:// (IFR) operations at the airport. _ continues to read as follows: www.faa.gov/airports airtraffic/ DATES: 0901 UTC. Comments must be air_traffic/publications/ Authority: 49 U.S.C. 106(g); 40103, 40113, received on or before September 10, airspace_amendments/. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 2010. 1963 Comp., p. 389. You may review the public docket ADDRESSES: Send comments on this containing the proposal, any comments § 71.1 [Amended] proposal to the U.S. Department of received and any final disposition in 2. The incorporation by reference in Transportation, Docket Operations, 1200 person in the Dockets Office (see 14 CFR 71.1 of FAA Order 7400.9T, New Jersey Avenue, SE., West Building ADDRESSES section for address and Airspace Designations and Reporting Ground Floor, Room W12–140, phone number) between 9 a.m. and Points, signed August 27, 2009, and Washington, DC 20590–0001. You must 5 p.m., Monday through Friday, except

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Federal holidays. An informal docket detail the scope of the agency’s Corpus Christi International Airport may also be examined during normal authority. This rulemaking is extending from the 7.5 mile radius to 10.1 miles northwest of the airport, and within 2 business hours at the office of the promulgated under the authority ° Central Service Center, 2601 Meacham described in Subtitle VII, Part A, miles each side of the 179 bearing from Corpus Christi International Airport Blvd., Fort Worth, TX 76137. Subpart I, Section 40103. Under that extending from the 7.5-mile radius to 14 Persons interested in being placed on section, the FAA is charged with miles south of the airport, and within an 8.8- a mailing list for future NPRMs should prescribing regulations to assign the use mile radius of Corpus Christi NAS/Truax contact the FAA’s Office of Rulemaking of airspace necessary to ensure the Field, and within a 6.3-mile radius of 202–267–9677, to request a copy of safety of aircraft and the efficient use of Mustang Beach Airport, and within a 6.4- Advisory Circular No. 11–2A, Notice of airspace. This regulation is within the mile radius of T.P. McCampbell Airport, and Proposed Rulemaking Distribution scope of that authority as it would add within a 6.3-mile radius of Nueces County System, which describes the application additional controlled airspace in the Airport, and within a 7.6-mile radius of procedure. Aransas County Airport, and within 2 miles Corpus Christi, TX area. each side of the 010° bearing from the The Proposal List of Subjects in 14 CFR Part 71 Aransas County Airport extending from the This action proposes to amend Title 7.6 mile radius to 9.9 miles north of the Airspace, Incorporation by reference, airport, and within a 6.5-mile radius of San 14, Code of Federal Regulations (14 Navigation (air). Jose Island Airport, and within 8 miles west CFR), Part 71 by adding additional Class ° The Proposed Amendment and 4 miles east of the 327 bearing from the E airspace extending upward from 700 San Jose Island Airport extending from the feet above the surface for SIAPs at In consideration of the foregoing, the airport to 20 miles northwest of the airport, Corpus Christi International Airport, Federal Aviation Administration and within 8 miles east and 4 miles west of Corpus Christi, TX. The addition of the proposes to amend 14 CFR Part 71 as the 147° bearing from San Jose Island Airport RNAV (RNP) RWY 35 SIAP at the follows: extending from the airport to 16 miles airport has created the need to extend southeast of the airport, excluding that Class E airspace to the south of the PART 71—DESIGNATION OF CLASS A, portion more than 12 miles from and parallel existing controlled airspace. The B, C, D, AND E AIRSPACE AREAS; AIR to the shoreline. geographic coordinates of Aransas TRAFFIC SERVICE ROUTES; AND Issued in Fort Worth, TX, on July 12, 2010. County Airport will also be adjusted in REPORTING POINTS Roger M. Trevino, accordance with the FAA’s National 1. The authority citation for Part 71 Acting Manager, Operations Support Group, Aeronautical Navigation Services. continues to read as follows: ATO Central Service Center. Controlled airspace is needed for the [FR Doc. 2010–18261 Filed 7–26–10; 8:45 am] Authority: 49 U.S.C. 106(g); 40103, 40113, safety and management of IFR BILLING CODE 4901–13–P operations at the airport. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Class E airspace areas are published 1963 Comp., p. 389. in Paragraph 6005 of FAA Order § 71.1 [Amended] DEPARTMENT OF TRANSPORTATION 7400.9T, dated August 27, 2009, and 2. The incorporation by reference in effective September 15, 2009, which is 14 CFR 71.1 of FAA Order 7400.9T, Federal Aviation Administration incorporated by reference in 14 CFR Airspace Designations and Reporting 71.1. The Class E airspace designation Points, signed August 27, 2009, and 14 CFR Part 71 listed in this document would be effective September 15, 2009, is [Docket No. FAA–2010–0607; Airspace published subsequently in the Order. amended as follows: Docket No. 10–ACE–7] The FAA has determined that this proposed regulation only involves an Paragraph 6005 Class E Airspace areas Proposed Amendment of Class E extending upward from 700 feet or more established body of technical Airspace; Boonville, MO regulations for which frequent and above the surface of the earth. routine amendments are necessary to * * * * * AGENCY: Federal Aviation keep them operationally current. It, ASW TX E5—Corpus Christi, TX [Amended] Administration (FAA), DOT. ACTION: Notice of proposed rulemaking therefore, (1) is not a ‘‘significant Corpus Christi International Airport, TX regulatory action’’ under Executive (Lat. 27°46′13″ N., long. 97°30′04″ W.) (NPRM). Order 12866; (2) is not a ‘‘significant Corpus Christi NAS/Truax Field, TX SUMMARY: This action proposes to rule’’ under DOT Regulatory Policies (Lat. 27°41′34″ N., long. 97°17′25″ W.) amend Class E airspace at Boonville, and Procedures (44 FR 11034; February Port Aransas, Mustang Beach Airport, TX ° ′ ″ ° ′ ″ MO. Decommissioning of the Viertel 26, 1979); and (3) does not warrant (Lat. 27 48 43 N., long. 97 05 20 W.) non-directional beacon (NDB) at Jesse preparation of a Regulatory Evaluation Rockport, San Jose Island Airport, TX (Lat. 27°56′40″ N., long. 96°59′06″ W.) Viertel Memorial Airport, Boonville, as the anticipated impact is so minimal. Rockport, Aransas County Airport, TX MO, has made this action necessary for Since this is a routine matter that will (Lat. 28°05′10″ N., long. 97°02′37″ W.) the safety and management of only affect air traffic procedures and air Ingleside, T.P. McCampbell Airport, TX Instrument Flight Rules (IFR) operations navigation, it is certified that this rule, ° ′ ″ ° ′ ″ (Lat. 27 54 47 N., long. 97 12 41 W.) at Jesse Viertel Memorial Airport. when promulgated, will not have a Robstown, Nueces County Airport, TX significant economic impact on a (Lat. 27°46′43″ N., long. 97°41′26″ W.) DATES: 0901 UTC. Comments must be Corpus Christi VORTAC, TX received on or before September 10, substantial number of small entities ° ′ ″ ° ′ ″ under the criteria of the Regulatory (Lat. 27 54 14 N., long. 97 26 42 W.) 2010. Flexibility Act. That airspace extending upward from 700 ADDRESSES: Send comments on this The FAA’s authority to issue rules feet above the surface within a 7.5 mile proposal to the U.S. Department of regarding aviation safety is found in radius of Corpus Christi International Airport Transportation, Docket Operations, 1200 and within 1.4 miles each side of the 200° Title 49 of the U.S. Code. Subtitle 1, radial of the Corpus Christi VORTAC New Jersey Avenue, SE., West Building Section 106 describes the authority of extending from the 7.5 mile radius to 8.5 Ground Floor, Room W12–140, the FAA Administrator. Subtitle VII, miles north of the airport, and within 1.5 Washington, DC 20590–0001. You must Aviation Programs, describes in more miles each side of the 316° bearing from identify the docket number FAA–2010–

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0607/Airspace Docket No. 10–ACE–7, at business hours at the office of the prescribing regulations to assign the use the beginning of your comments. You Central Service Center, 2601 Meacham of airspace necessary to ensure the may also submit comments through the Blvd., Fort Worth, TX 76137. safety of aircraft and the efficient use of Internet at http://www.regulations.gov. Persons interested in being placed on airspace. This regulation is within the You may review the public docket a mailing list for future NPRMs should scope of that authority as it would containing the proposal, any comments contact the FAA’s Office of Rulemaking, modify controlled airspace at Jesse received, and any final disposition in (202) 267–9677, to request a copy of Viertel Memorial Airport, Boonville, person in the Dockets Office between Advisory Circular No. 11–2A, Notice of MO. 9 a.m. and 5 p.m., Monday through Proposed Rulemaking Distribution Friday, except Federal holidays. The System, which describes the application List of Subjects in 14 CFR Part 71 Docket Office (telephone 1–800–647– procedure. Airspace, Incorporation by reference, 5527) is on the ground floor of the The Proposal building at the above address. Navigation (air). This action proposes to amend Title FOR FURTHER INFORMATION CONTACT: 14, Code of Federal Regulations (14 The Proposed Amendment Scott Enander, Central Service Center, CFR), Part 71 by modifying Class E In consideration of the foregoing, the Operations Support Group, Federal airspace extending upward from 700 Aviation Administration, Southwest Federal Aviation Administration feet above the surface for standard proposes to amend 14 CFR Part 71 as Region, 2601 Meacham Blvd., Fort instrument approach procedures at Jesse follows: Worth, TX 76137; telephone: (817) 321– Viertel Memorial Airport, Boonville, 7716. MO. Airspace reconfiguration is PART 71—DESIGNATION OF CLASS A, SUPPLEMENTARY INFORMATION: necessary due to the decommissioning B, C, D, AND E AIRSPACE AREAS; AIR Comments Invited of the Viertel NDB and the cancellation TRAFFIC SERVICE ROUTES; AND of the NDB approach. Controlled REPORTING POINTS Interested parties are invited to airspace is necessary for the safety and participate in this proposed rulemaking management of IFR operations at the 1. The authority citation for Part 71 by submitting such written data, views, airport. or arguments, as they may desire. Class E airspace areas are published continues to read as follows: Comments that provide the factual basis in Paragraph 6005 of FAA Order Authority: 49 U.S.C. 106(g); 40103, 40113, supporting the views and suggestions 7400.9T, dated August 27, 2009, and 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– presented are particularly helpful in effective September 15, 2009, which is 1963 Comp., p. 389. developing reasoned regulatory incorporated by reference in 14 CFR decisions on the proposal. Comments 71.1. The Class E airspace designation § 71.1 [Amended] are specifically invited on the overall listed in this document would be 2. The incorporation by reference in regulatory, aeronautical, economic, published subsequently in the Order. 14 CFR 71.1 of FAA Order 7400.9T, environmental, and energy-related The FAA has determined that this Airspace Designations and Reporting aspects of the proposal. proposed regulation only involves an Points, signed August 27, 2009, and Communications should identify both established body of technical effective September 15, 2009, is regulations for which frequent and docket numbers and be submitted in amended as follows: triplicate to the address listed above. routine amendments are necessary to Commenters wishing the FAA to keep them operationally current. It, Paragraph 6005 Class E Airspace areas acknowledge receipt of their comments therefore, (1) is not a ‘‘significant extending upward from 700 feet or more on this notice must submit with those regulatory action’’ under Executive above the surface of the earth. comments a self-addressed, stamped Order 12866; (2) is not a ‘‘significant * * * * * postcard on which the following rule’’ under DOT Regulatory Policies statement is made: ‘‘Comments to and Procedures (44 FR 11034; February ACE MO E5 Boonville, MO [Amended] Docket No. FAA–2010–0607/Airspace 26, 1979); and (3) does not warrant Jesse Viertel Memorial Airport, MO Docket No. 10–ACE–7.’’ The postcard preparation of a Regulatory Evaluation (Lat. 38°56′48″ N., long. 92°40′58″ W.) will be date/time stamped and returned as the anticipated impact is so minimal. Hallsville VORTAC to the commenter. Since this is a routine matter that will (Lat. 39°06′49″ N., long. 92°07′42″ W.) only affect air traffic procedures and air That airspace extending upward from 700 Availability of NPRMs navigation, it is certified that this rule, feet above the surface within a 6.9-mile An electronic copy of this document when promulgated, will not have a radius of Jesse Viertel Memorial Airport, and may be downloaded through the significant economic impact on a within 2.4 miles each side of the Hallsville Internet at http://www.regulations.gov. substantial number of small entities VORTAC 249° radial extending from the 6.9- Recently published rulemaking under the criteria of the Regulatory mile radius of the airport to 19.4 miles documents can also be accessed through Flexibility Act. southwest of the VORTAC. the FAA’s Web page at http://www.faa. The FAA’s authority to issue rules Issued in Fort Worth, TX, on July 1, 2010. gov/airports_airtraffic/air_traffic/ regarding aviation safety is found in Anthony D. Roetzel, publications/airspace_amendments/. Title 49 of the U.S. Code. Subtitle I, You may review the public docket Section 106 describes the authority of Manager, Operations Support Group, ATO containing the proposal, any comments the FAA Administrator. Subtitle VII, Central Service Center. received and any final disposition in Aviation Programs, describes in more [FR Doc. 2010–18260 Filed 7–26–10; 8:45 am] person in the Dockets Office (see detail the scope of the agency’s BILLING CODE 4901–13–P ADDRESSES section for address and authority. This rulemaking is phone number) between 9 a.m. and 5 promulgated under the authority p.m., Monday through Friday, except described in Subtitle VII, Part A, Federal holidays. An informal docket Subpart I, Section 40103. Under that may also be examined during normal section, the FAA is charged with

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ENVIRONMENTAL PROTECTION Avenue, NW., Washington, DC 20004. FOR FURTHER GENERAL INFORMATION AGENCY Such deliveries are only accepted CONTACT: Carole Cook, Climate Change during the Docket’s normal hours of Division, Office of Atmospheric 40 CFR Part 2 operation, and special arrangements Programs (MC–6207J), Environmental [EPA–HQ–OAR–2009–0924; FRL–9179–4] should be made for deliveries of boxed Protection Agency, 1200 Pennsylvania information. Ave., NW., Washington, DC 20460; RIN 2060–AQ04 Instructions: Direct your comments to telephone number: (202) 343–9263; fax Docket ID No. EPA–HQ–OAR–2009– number: (202) 343–2342; e-mail address: Proposed Confidentiality 0924. EPA’s policy is that all comments [email protected]. For technical Determinations for Data Required received will be included in the public information, contact the Greenhouse Under the Mandatory Greenhouse Gas docket without change and may be Gas Reporting Rule Hotline at: http:// Reporting Rule made available online at http:// www.epa.gov/climatechange/emissions/ _ AGENCY: Environmental Protection www.regulations.gov, including any ghgrule contactus.htm. Alternatively, Agency (EPA). personal information provided, unless contact Carole Cook at 202–343–9263. the comment includes information ACTION: Supplemental proposal. SUPPLEMENTARY INFORMATION: Additional claimed to be confidential business Information on Submitting Comments: SUMMARY: This action supplements information (CBI) or other information To expedite review of your comments EPA’s July 7, 2010 ‘‘Proposed whose disclosure is restricted by statute. by Agency staff, you are encouraged to Confidentiality Determinations for Data Do not submit information that you send a separate copy of your comments, Required under the Mandatory consider to be CBI or otherwise in addition to the copy you submit to Greenhouse Gas Reporting Rule and protected through http:// the official docket, to Carole Cook, U.S. Proposed Amendment to Special Rules www.regulations.gov or e-mail. The EPA, Office of Atmospheric Programs, Governing Certain Information Obtained http://www.regulations.gov Web site is Climate Change Division, Mail Code under the Clean Air Act’’. In this action, an ‘‘anonymous access’’ system, which 6207–J, Washington, DC 20460, EPA is proposing confidentiality means EPA will not know your identity telephone (202) 343–9263, e-mail determinations for the data elements or contact information unless you [email protected]. proposed to be added or revised in the provide it in the body of your comment. Regulated Entities. This supplemental ‘‘Proposed Rulemaking: Revision of If you send an e-mail comment directly action affects entities required to submit Certain Provisions of the Mandatory to EPA without going through http:// annual greenhouse gas (GHG) reports Reporting of Greenhouse Gases Rule,’’ www.regulations.gov your e-mail under 40 CFR Part 98. The also signed today. This action addresses address will be automatically captured Administrator determined that Part 98 is only the confidentiality of the new and and included as part of the comment subject to the provisions of Clean Air revised data elements proposed in the that is placed in the public docket and Act (CAA) section 307(d). See CAA concurrent notice. made available on the Internet. If you section 307(d)(1)(V) (the provisions of submit an electronic comment, EPA CAA section 307(d) apply to ‘‘such other DATES: Comments. Comments must be recommends that you include your received on or before August 26, 2010, actions as the Administrator may name and other contact information in determine’’). The Mandatory or by September 10, 2010 if a public the body of your comment and with any hearing is held (see below). Greenhouse Gas Reporting Rule and this disk or CD–ROM you submit. If EPA action affect fuel and chemicals Public Hearing. EPA does not plan to cannot read your comment due to conduct a public hearing unless suppliers, and direct emitters of GHGs. technical difficulties and cannot contact Affected categories and entities include requested. To request a hearing, please you for clarification, EPA may not be contact the person listed in the FOR those listed in Table 1 of the preamble able to consider your comment. to the ‘‘Proposed Confidentiality FURTHER INFORMATION CONTACT section Electronic files should avoid the use of by August 3, 2010. Upon such request, Determinations for Data Required under special characters, any form of the Mandatory Greenhouse Gas EPA will hold the hearing on August 11, encryption, and be free of any defects or 2010 in the Washington, DC area Reporting Rule and Proposed viruses. Amendment to Special Rules Governing starting at 9 a.m., local time. EPA will Docket: All documents in the docket provide further information about the Certain Information Obtained under the are listed in the http:// Clean Air Act’’ (75 FR 39094). hearing on its Web page if a hearing is www.regulations.gov index. Although requested. Acronyms and Abbreviations. The listed in the index, some information is following acronyms and abbreviations ADDRESSES: Submit your comments, not publicly available, e.g., CBI or other are used in this document. identified by Docket ID No. EPA–HQ– information whose disclosure is OAR–2009–0924, by one of the restricted by statute. Certain other CAA Clean Air Act following methods: material, such as copyrighted material, CBI confidential business information CFR Code of Federal Regulations Federal eRulemaking Portal: http:// will be publicly available only in hard EPA U.S. Environmental Protection Agency www.regulations.gov. Follow the online copy. Publicly available docket GHG greenhouse gas instructions for submitting comments. materials are available either U.S. United States E-mail: [email protected]. electronically in http:// Fax: (202) 566–1741. www.regulations.gov or in hard copy at Table of Contents Mail: Environmental Protection the Air Docket, EPA/DC, EPA West, I. General Information Agency, EPA Docket Center (EPA/DC), Room B102, 1301 Constitution Ave., A. Background Mailcode 6102T, Attention Docket ID NW., Washington, DC. This Docket B. Proposed Changes to the Part 98 No. EPA–HQ–OAR–2009–0924, 1200 Facility is open from 8:30 a.m. to 4:30 Reporting Requirements Pennsylvania Avenue, NW., p.m., Monday through Friday, excluding C. Proposed Data Categories and Confidentiality Determinations for the Washington, DC 20460. legal holidays. The telephone number Proposed New and Revised Data Hand Delivery: EPA Docket Center, for the Public Reading Room is (202) Elements Public Reading Room, EPA West 566–1744, and the telephone number for D. Request for Comments Building, Room 3334, 1301 Constitution the Air Docket is (202) 566–1742. II. Statutory and Executive Order Reviews

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I. General Information changes to reporting requirements. proposed new and revised data Proposed revisions include allowing elements. A. Background greater flexibility or simplified Consistent with the approach set forth Under Part 98 of the final Mandatory calculation methods for certain sources, in the July 7, 2010 confidentiality Greenhouse Gas Reporting Rule (74 FR amending data reporting requirements proposal, each new or revised data 56259, October 30, 2009, and and definitions, and providing technical element is assigned to one of the 22 data subsequent amendments), hereinafter corrections, clarifying and other categories based on the type and referred to as Part 98, EPA will collect amendments. The proposed characteristics of the data element. data from facilities that directly emit amendments include addition of new Because the scopes of the existing data GHGs from their processes or stationary reporting requirements and deletion of categories are sufficient to cover the fuel combustion sources (‘‘direct certain existing reporting requirements. proposed new data elements, no new emitters’’) as well as upstream suppliers The proposed amendments include data category is proposed. For a list of of fuels and industrial GHGs changes to the data elements required the new and revised data elements (‘‘suppliers’’). by 40 CFR part 98, subpart A and the addressed in the Part 98 amendments Following the publication of the following Part 98 subparts promulgated proposal and their assigned data proposed Mandatory GHG Reporting in 2009: categories, please see Memorandum Rule on April 10, 2009 (74 FR 16448), • Subpart C, General Stationary Fuel ‘‘Data Category Assignments for the EPA received comments both Combustion Sources; Proposed Revisions to the Part 98 supporting and opposing the public • Subpart D, Electricity Generation; Reporting Requirements’’ in Docket release of data collected under Part 98. • Subpart F, Aluminum Production; EPA–HQ–OAR–2009–0924 and on the Industry commenters generally • Subpart G, Ammonia Web site (http://www.epa.gov/ expressed concern that EPA would Manufacturing; climatechange/emissions/CBI.html.) disclose reported data that industry • Subpart V, Nitric Acid Production; As mentioned above, EPA proposed considers trade secrets or confidential • Subpart X, Petrochemical confidentiality determinations for part business information, hereinafter Production; 98 data on a category basis except for collectively referred to as CBI. Other • Subpart Y, Petrochemical three supplier categories, where commenters favored disclosure of Production; confidentiality determinations were information, and some argued that all of • Subpart OO, Suppliers of Industrial made for individual data elements the information gathered under Part 98 Greenhouse Gases; and within the category rather than by should be ‘‘emission data’’ and hence • Subpart PP, Suppliers of Carbon category. These three supplier data not entitled to confidential treatment. Dioxide. categories are: ‘‘Greenhouse Gases In response to these comments, EPA After consideration of public Reported’’, ‘‘Production/Throughput initiated a rulemaking to establish the comment, EPA intends to issue a final Quantities and Composition’’, and confidentiality status of Part 98 data action. ‘‘Unit/Process Operating elements and procedures for handling C. Proposed Confidentiality Characteristics’’. Except for data Part 98 data. On July 7, 2010, EPA Determinations for the Proposed New elements assigned to the three supplier ‘‘ published the Proposed Confidentiality and Revised Data Elements data categories listed above, EPA Determinations for Data Required under proposes in this supplemental notice to the Mandatory Greenhouse Gas In the July 7, 2010 confidentiality apply the confidentiality determination Reporting Rule and Proposed proposal, EPA described the (and supporting rationales) for the data Amendment to Special Rules Governing methodology and rationale for the category to which the proposed new or Certain Information Obtained under the proposed confidentiality revised data element is assigned. Clean Air Act’’ (75 FR 39094), herinafter determinations. To make the proposed For each revised data element, EPA referred to as the July 7, 2010 determinations, EPA first grouped the assessed whether the proposed revisions confidentiality proposal. Part 98 data elements into 22 data to the data element changed the existing Concurrent to today’s action, EPA categories (11 direct emitter data data category assignment. The proposed signed the ‘‘Proposed Rulemaking: categories and 11 supplier data changes to existing data elements were Revision of Certain Provisions of the categories) and then proposed generally minor changes to correct Mandatory Reporting of Greenhouse confidentiality determinations on a references, clarify the reporting Gases Rule’’ herinafter referred to as the category basis. Exceptions to this requirement, or simplify reporting. Part 98 amendment proposal. The Part approach were made for three of the None of the proposed revisions to the 98 Amendments proposal, if finalized, supplier data categories, where existing data elements affect the existing would result in changes to certain part confidentiality determinations were category assignments for these data 98 data elements. Because the July 7, made for individual data elements elements. 2010 confidentiality proposal was within the category rather than by The proposed amendments to part 98 issued before the Part 98 amendment category. For the list of all 22 data would add two new data elements to the proposal, it did not address the revised categories and brief descriptions of the ‘‘Production/Throughput Quantities and and new data elements in the data elements within each category, Composition’’ supplier data category amendments proposal. This action please see Section II.C (for direct emitter and three new data elements to the contains EPA’s proposed confidentiality data categories) and Section II.D (for ‘‘Unit/Process Operating Characteristics’’ determination for the new and revised supplier data categories) of the July 7, supplier data category. As previously data elements included in the Part 98 2010 confidentiality proposal. mentioned, confidentiality amendment proposal. As discussed in Section I.B of today’s determinations were proposed for supplemental proposal, in the Part 98 individual data elements within these B. Proposed Changes to the Part 98 amendment proposal, EPA proposed categories rather than on a category Reporting Requirements amending part 98 to add, delete and basis. Similarly, EPA evaluated As mentioned above, EPA proposed revise certain data elements. Today’s individually the confidentiality status of amendments to Part 98 that, if finalized, action contains EPA’s proposed the proposed new data elements would make clarifying and technical confidentiality determination for the assigned to these two data categories.

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In the July 7, 2010 confidentiality dehydration, compression, and other D. Request for Comments proposal, EPA proposed to determine processing (40 CFR part 98, subpart PP). This supplemental action provides that none of the Part 98 supplier data • The location of the volumetric flow affected businesses, other stakeholders, qualify as ‘‘emission data’’ as that term meter in the process chain in relation to is defined at 40 CFR 2.301(a)(i).1 EPA and the general public an opportunity to the points of CO2 stream capture, then proposed CBI determinations for provide comment on the proposed dehydration, compression, and other confidentiality determinations for the supplier data by considering the processing (40 CFR part 98, subpart PP). confidentiality determination criteria at proposed new and revised data • 40 CFR 2.208. In particular, EPA Date on which changes were made elements. For the proposed new and focused on whether release of the data to fluorinated GHG concentrations in a revised data elements, we are soliciting is likely to cause substantial harm to the product or the date on which comment on the issues raised in the July business’s competitive position. See 40 production of a new product 7, 2010 confidentiality proposal as they CFR 2.208(e)(1). Consistent with this commenced (40 CFR part 98, subpart apply to the new and revised data approach, EPA proposes the following OO). elements addressed in the part 98 amendment proposal and this CBI determinations for the proposed The location of flow meters does not supplemental notice. Specifically, we new supplier data elements in the provide information on the design or are soliciting comment on whether the ‘‘Production/Throughput Quantities and operation of a facility’s production Composition’’ and ‘‘Unit/Process data category assignments for the processes or the design or operation of proposed new and revised data Operating Characteristics’’ supplier data any CO2 compression, dehydration, or categories. elements are reasonable and appropriate other purification process that may be (i.e., whether the proposed new and One new data element added to the present at the facility. Facilities are not ‘‘Production/Throughput Quantities and revised data elements are sufficiently required to provide detailed and similar to the other data elements listed Composition’’ data category requires potentially sensitive information about facilities that produce fluorinated GHGs in their assigned data category or their facilities, such as descriptions or whether a different data category would to report the concentration of each diagrams of their processes. Rather fluorinated GHG contained in their be more appropriate). We are also reporters are only required to report soliciting comment on whether the products. These data would be reported limited information on the location of a in a one-time report submitted by proposed confidentiality determinations flow meter in terms of its position for these data elements are appropriate, fluorinated GHG production facilities by relative to other processes, such as the March 31, 2011. The other new data whether any specific circumstances CO2 stream capture, dehydration, element assigned to this data category exist that would warrant different compression, and other processing. confidentiality determinations for these would require fluorinated GHG Similarly, the date on which production facilities to submit a revised data elements, and whether any unique manufacture of a new product circumstances exist where a limited report of the concentrations of commenced or changes were made to fluorinated GHGs when changes are process would be appropriate to re- the composition of a fluorinated GHG made to the compositions of their evaluate EPA’s final determinations for product does not disclose the actual products. EPA proposes that these data these data elements. For a list of the composition of the product, the raw elements be considered CBI. Like the proposed new and revised data materials used to make the product, the other product specific data elements elements and their assigned data method of manufacture, or the included in this data category in the categories, please see the memorandum efficiency of the manufacturing process. ‘‘ July 7, 2010 confidentiality proposal, Data Category Assignments for the The manufacture of a new product and these two data elements would provide Proposed Revisions to the Part 98 changes to existing product lines is ’’ sensitive information on product Reporting Requirements in Docket composition that is not already publicly often publicly available through EPA–HQ–OAR–2009–0924 and on the available and would likely harm the company marking materials and other Web site (http://www.epa.gov/ competitive position of fluorinated GHG sources (e.g., publication or revisions to climatechange/emissions/CBI.html.) producers. For more detailed rationales Material Safety Data Sheets). Since the We are also interested in receiving in support of our proposed CBI disclosure of these data elements is suggestions on appropriate formats for determination for these two new data unlikely to harm the competitive publishing the proposed new and elements, please see Section II.D.3 of the position of the reporter, we propose revised data elements (both CBI and July 7, 2010 confidentiality proposal, these three data elements would not be non-CBI data). For those new and which discusses the ways in which entitled to confidential treatment. revised data elements for which we product-specific production quantities When finalized, the changes to the propose confidential treatment, we are and product composition data could be data elements may not be exactly the soliciting suggestions for the best used by competitors of a reporting same as those proposed in the Part 98 methods of aggregating the data and facility to gain insights and develop amendment proposal; however, we comment on whether publishing any of market strategies that would harm the expect that any revisions to data the new and revised data elements in reporter’s competitive position. elements in the final amendment would ranges at the facility-level would The three new data elements added to still logically fall into the same or provide valuable information that the data category for ‘‘Unit/Process another data category that is addressed aggregated data may not convey. Operating Characteristics’’ consist of the in the confidentiality proposal and In today’s notice we are soliciting following data elements: would therefore be covered by the comment only on the proposed • The location of the mass flow meter confidentiality determination for that confidentiality determinations for the in the process chain in relation to the data category. If the final amendments new and revised data elements points of CO2 stream capture, differ from those included in the Part 98 contained in the Part 98 amendment amendment proposal, EPA will address proposal. We are not soliciting further 1 Section 114(c) of the CAA requires that those changes in the final comment on those data elements in the ‘‘emission data’’ shall be publicly available. confidentiality determination action. July 7, 2010 confidentiality proposal for

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which no changes are proposed in the baseline emissions calculations, an that is placed in the public docket and Part 98 amendment proposal. actual-to-projected-actual methodology made available on the Internet. If you for calculating emissions changes, submit an electronic comment, EPA II. Statutory and Executive Order options for plantwide applicability recommends that you include your Reviews limits, and recordkeeping and reporting name and other contact information in The statutory and executive order requirements. If EPA finalizes approval the body of your comment and with any reviews do not apply to this notice of New York’s regulations, New York disk or CD–ROM you submit. If EPA because this notice does not propose will implement its own PSD and NNSR cannot read your comment due to any regulatory changes. For a complete State regulations. EPA notes that, in this technical difficulties and cannot contact discussion of the statutory and proposal, no action is being taken on you for clarification, EPA may not be executive order reviews as they apply to certain items of New York’s revisions able to consider your comment. the proposed amendments to 40 CFR that relate to the Prevention of Electronic files should avoid the use of part 2, see the notice ‘‘Proposed Significant Deterioration and Title V special characters, any form of Confidentiality Determinations for Data Greenhouse Gas Tailoring Rule encryption, and be free of any defects or Required under the Mandatory (‘‘Tailoring Rule’’). viruses. For additional information Greenhouse Gas Reporting Rule and DATES: Comments must be received on about EPA’s public docket visit the EPA Proposed Amendment to Special Rules or before August 26, 2010. Docket Center homepage at http:// Governing Certain Information Obtained www.epa.gov/epahome/dockets.htm. under the Clean Air Act’’ (75 FR 39094). ADDRESSES: Submit your comments, Docket: All documents in the docket identified by Docket ID number EPA– List of Subjects 40 CFR Part 2 are listed in the http:// R02–OAR–2010–0321, by one of the www.regulations.gov index. Although Environmental protection, following methods: • listed in the index, some information is Administrative practice and procedure, http://www.regulations.gov: Follow not publicly available, e.g., CBI or other Reporting and recordkeeping the on-line instructions for submitting information whose disclosure is requirements. comments. restricted by statute. Certain other • E-mail: [email protected]. Dated: July 20, 2010. material, such as copyrighted material, • Fax: 212–637–3901. Lisa P. Jackson, • will be publicly available only in hard Mail: Raymond Werner, Chief, Air copy. Publicly available docket Administrator. Programs Branch, Environmental [FR Doc. 2010–18229 Filed 7–26–10; 8:45 am] materials are available either Protection Agency, Region 2 Office, 290 electronically in http:// BILLING CODE 6560–50–P Broadway, 25th Floor, New York, New www.regulations.gov or in hard copy at York 10007–1866. • the Environmental Protection Agency, Hand Delivery: Raymond Werner, Region 2 Office, Air Programs Branch, ENVIRONMENTAL PROTECTION Chief, Air Programs Branch, AGENCY 290 Broadway, 25th Floor, New York, Environmental Protection Agency, New York 10007–1866. EPA requests, if Region 2 Office, 290 Broadway, 25th 40 CFR Part 52 at all possible, that you contact the Floor, New York, New York 10007– individual listed in the FOR FURTHER [EPA–R02–OAR–2010–0321, FRL–9180–5] 1866. Such deliveries are only accepted INFORMATION CONTACT section to view during the Regional Office’s normal Approval and Promulgation of the hard copy of the docket. You may hours of operation. The Regional view the hard copy of the docket Implementation Plans; New York Office’s official hours of business are Prevention of Significant Deterioration Monday through Friday, 8 a.m. to 4 Monday through Friday, 8:30 a.m. to p.m., excluding Federal holidays. of Air Quality and Nonattainment New 4:30 p.m. excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Source Review Instructions: Direct your comments to Frank Jon, Air Programs Branch, Docket ID No. EPA–R02–OAR–2010– AGENCY: Environmental Protection Environmental Protection Agency, 290 0321. EPA’s policy is that all comments Agency (EPA). Broadway, 25th Floor, New York, New received will be included in the public ACTION: Proposed rule. York 10007–1866, (212) 637–4085; docket without change and may be e-mail address: [email protected]. SUMMARY: The Environmental Protection made available online at http:// Agency (EPA) is proposing to approve www.regulations.gov, including any SUPPLEMENTARY INFORMATION: revisions to the New York State personal information provided, unless Throughout this document, references Implementation Plan (SIP) submitted by the comment includes information to ‘‘EPA,’’ ‘‘we,’’ ‘‘us,’’ or ‘‘our,’’ are the New York State Department of claimed to be Confidential Business intended to mean the Environmental Environmental Conservation on March Information (CBI) or other information Protection Agency. The supplementary 3, 2009. The proposed revisions would whose disclosure is restricted by statute. information is arranged as follows: create a new New York State Prevention Do not submit information that you I. What is being addressed in this of Significant Deterioration of Air consider to be CBI or otherwise document? Quality (PSD) regulations program and protected through http:// II. What is the background for this action? modify the existing New York State www.regulations.gov or e-mail. The III. What is EPA’s analysis of New York’s NSR rule revisions? Nonattainment New Source Review http://www.regulations.gov Web site is IV. What action is EPA proposing to take? (NNSR) regulations in the SIP. These an ‘‘anonymous access’’ system, which V. Statutory and Executive Order Reviews proposed revisions also address changes means EPA will not know your identity mandated by the revised Federal New or contact information unless you I. What is being addressed in this Source Review (NSR) regulations, provide it in the body of your comment. document? referred to as the ‘‘2002 NSR Reform If you send an e-mail comment directly On March 3, 2009, the State of New Rules.’’ EPA’s 2002 NSR Reform Rules, to EPA without going through http:// York, through the New York State proposed by New York State for www.regulations.gov your e-mail Department of Environmental inclusion in the New York SIP with address will be automatically captured Conservation (NYSDEC), submitted to some changes, include provisions for and included as part of the comment EPA Region 2 revisions to the New York

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State Implementation Plan (SIP). The Review (NNSR) programs. 67 FR 80186. modification of any stationary source of submittal consists of revisions to three Available at http://www.epa.gov/nsr/fr/ air pollution to: (1) Assure that the regulations that are already part of the 20021231_80186.pdf. On November 7, NAAQS are achieved and maintained; New York SIP. The affected regulations 2003, EPA published a final action on (2) protect areas of clean air; (3) protect are: 6 New York Code of Rules and the reconsideration of the December 31, air quality related values (such as Regulations (NYCRR) Part 231, New 2002 final rule changes. 68 FR 63021. In visibility) in national parks and other Source Review for New and Modified that November 7th final action, EPA areas; (4) assure that appropriate Facilities; 6 NYCRR Part 200, General added the definition of ‘‘replacement emissions controls are applied; (5) Provisions; and 6 NYCRR Part 201, unit,’’ and clarified an issue regarding maximize opportunities for economic Permits and Certificates. The revisions plantwide applicability limitations development consistent with the were made to create a new New York (PALs). On June 13, 2007, EPA revised preservation of clean air resources; and State PSD regulation program and to the rules to remove provisions for (6) ensure that any decision to increase update the existing New York State pollution control projects and clean air pollution is made only after full nonattainment regulations consistent units. 72 FR 32526. EPA further revised public consideration of the with changes to the Federal NSR the rules on December 21, 2007, to consequences of the decision. regulations published on December 31, clarify when facilities must keep records 2002 (67 FR 80186). In today’s action, and report emissions when a The 2002 NSR Reform Rules made EPA is proposing to approve those ‘‘reasonable possibility’’ test shows that changes to four areas of the NSR revisions with the caveat that EPA is not projected emissions increases could programs. In summary, the 2002 Rules: proposing action at this time on (1) the equal or exceed 50% of the Clean Air (1) Provide a new method for PSD permitting threshold provisions to Act’s NSR significant levels for a determining baseline actual emissions; the extent that those provisions require regulated NSR pollutant. 72 FR 72607. (2) adopt an actual-to-projected-actual permits for sources of greenhouse gas Collectively, these four final actions are methodology for determining whether a (GHG) emissions that equal or exceed referred to as the ‘‘2002 NSR Reform major modification has occurred; (3) the 100/250 tons per year (tpy) GHG Rules.’’ The 2002 NSR Reform Rules are allow major stationary sources to levels but are less than the thresholds part of EPA’s implementation of parts C comply with plant-wide applicability identified in EPA’s final Tailoring Rule and D of title I of the Clean Air Act limits (PALs) to avoid having a at 75 FR 31514, 31606 (June 3, 2010); (CAA), 42 U.S.C. 7470–7515. Part C of significant emissions increase that and (2) the PSD significance level title I of the CAA, 42 U.S.C. 7470–7492, triggers the requirements of the major provisions of New York’s rule to the is the PSD program, which applies in NSR program; and (4) require new extent that those provisions treat as areas that meet the National Ambient recordkeeping and reporting. On significant GHG emissions increases Air Quality Standards (NAAQS)— November 7, 2003, EPA published a that are less than the thresholds ‘‘attainment’’ areas—as well as in areas for final action on its reconsideration of the identified in the final Tailoring Rule. Id. which there is insufficient information to 2002 NSR Reform Rules (68 FR 63021), In accordance with the final Tailoring determine whether the area meets the which added a definition for Rule, New York is expected to submit a NAAQS—‘‘unclassifiable’’ areas. Part D ‘‘replacement unit’’ and clarified an letter to EPA addressing these issues of title I of the CAA, 42 U.S.C. 7501– issue regarding PALs. After the 2002 shortly. Id. After receiving New York’s 7515, is the NNSR program, which NSR Reform Rules were finalized and letter, EPA will take action with respect applies in areas that are not in effective (March 3, 2003), various to these additional items. Today’s attainment of the National Ambient Air petitioners challenged numerous proposed approval with respect to GHG Quality Standards (NAAQS)— aspects of the 2002 NSR Reform Rules, emissions above the Tailoring Rule ‘‘nonattainment areas.’’ Collectively, the along with portions of EPA’s 1980 NSR thresholds is premised on our PSD and NNSR programs are referred Rules (45 FR 5276, August 7, 1980). On understanding that the New York State to as the ‘‘New Source Review’’ or ‘‘NSR June 24, 2005, the DC Circuit Court PSD regulations provide authority to programs’’. EPA regulations issued a decision on the challenges to regulate GHG emissions within EPA’s implementing these programs are the 2002 NSR Reform Rules. New York meaning of the term ‘‘subject to contained in 40 CFR 51.165, 51.166, v. United States, 413 F.3d 3 (DC Cir. regulation.’’ See 75 FR 31582. This 52.21, 52.24, and part 51, Appendix S. 2005). In summary, the DC Circuit Court understanding is based upon EPA’s The CAA’s NSR programs are vacated portions of the Rules pertaining review of New York’s definition of preconstruction permitting programs to clean units and pollution control ‘‘Regulated NSR Contaminant,’’ which applicable to new and modified projects, remanded a portion of the includes any contaminant that is stationary sources of air pollutants Rules regarding recordkeeping, e.g., 40 ‘‘subject to regulation’’ under the Clean regulated under the CAA. Air Act. 6 NYCRR § 231–4.1(43). New CFR 52.21(r)(6) and 40 CFR 51.166(r)(6), York is also expected to address its The NSR programs include a and either upheld or did not comment authority to regulate GHG emissions in combination of air quality planning and on the other provisions included as part its letter. In the event that New York air pollution control technology of the 2002 NSR Reform Rules. On June articulates the view that it does not have requirements. Briefly, section 109 of the 13, 2007, EPA revised the Rules to authority to regulate greenhouse gases, CAA, 42 U.S.C. 7409, requires EPA to remove provisions for pollution control EPA will revisit this issue before taking promulgate primary NAAQS to protect projects and clean units. On December final action. public health and secondary NAAQS to 21, 2007, EPA took final action protect public welfare. Once EPA sets regarding the remanded portion on II. What is the background for this those standards, States must develop, recordkeeping by promulgating the action? adopt, and submit to EPA for approval, reasonable possibility in recordkeeping On December 31, 2002, EPA a SIP that contains emissions limitations rule. Today’s action is consistent with published final rule changes to 40 Code and other control measures to attain and the decision of the DC Circuit Court of Federal Regulations (CFR) parts 51 maintain the NAAQS. Each SIP is because New York’s submittal does not and 52, regarding the Clean Air Act’s required to contain a preconstruction include any portions of the 2002 NSR PSD and Nonattainment New Source review program for the construction and Reform Rules that were vacated as part

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of the DC Circuit Court’s June 2005 the levels emitted during the ‘‘baseline C. Plantwide Applicability Limits (PALs) decision. period’’ at the plant as a whole. A PAL is a voluntary option that The 2002 NSR Reform Rules require The revised New York regulations in provides a facility with the ability to that State agencies adopt and submit 6 NYCRR Part 231 establish a uniform manage facility-wide emissions without revisions to their SIP permitting period provision for electric utility triggering major NSR review. If a facility programs implementing the minimum steam generating units (EUSGUs) and keeps the emissions below a plantwide program elements of the 2002 NSR non-EUSGUs. The revised Part 231 actual emissions cap (that is, an actual Reform Rules no later than January 2, requires that all emissions sources select PAL), then these regulations allow the 2006. (Consistent with changes to 40 a baseline period using the annual facility to avoid the major NSR CFR 51.166(a)(6)(i), State agencies are average of any twenty-four (24) permitting process when the facility now required to adopt and submit SIP consecutive month period within the makes alterations to the plant or revisions within three years after new five (5) year period that precedes a individual emissions units. In return for amendments are published in the proposed change. Sources are not this flexibility, the facility must monitor Federal Register.) State agencies may allowed to go beyond this time period. and comply with more stringent meet the requirements of 40 CFR part Under the Federal NSR rule, EUSGUs 51, and the 2002 NSR Reform Rules, requirements for all of the emissions must select a baseline period using any units under the PAL. with different but equivalent 24-consecutive month period within the regulations. However, if a State decides 5-year period immediately preceding The revised Part 231 allows facilities not to implement any of the new the actual construction or another 24- to establish a PAL for an initial term not applicability provisions, that State is consecutive month period that is to exceed 10 years. However, the rule required to demonstrate that its existing demonstrated to be more representative. aligns the PAL term with the facility’s program is at least as stringent as the For non-EUSGUs, they must take the title V permit so that they both expire Federal program. On March 3, 2009, the average of annual emissions of any 24- at the same time. This will allow the State of New York submitted a SIP consecutive months within the 10-year PAL to be renewed with the title V revision for the purpose of revising the period that precedes the proposed facility under the same administrative State’s NSR permitting provisions. change. By allowing a longer period for and permit review process and will These changes were made primarily to selecting the 24-month average, sources result in PAL renewals earlier than adopt EPA’s 2002 NSR Reform Rules are more likely to find a period of time under the Federal rule. with a few modifications. As discussed The revised Part 231 also requires a in further detail below, EPA believes the with high emissions that will result in an increase below significance levels. reduction in the PAL of up to 25% or revisions contained in the New York implementation of best available control submittal are approvable for inclusion Though EPA believes that the Federal technology (BACT), whichever is less into the New York SIP, with the caveat rule allowing a 10-year look-back for stringent, by the end of the fifth year of that we are taking no action on the defining the baseline period for non- the initial PAL. The earlier PAL specific items identified in Section I of EUSGUs retains the environmental 1 renewals and PAL reduction programs this proposal related to the Tailoring benefits of the NSR program, the under New York’s revised Part 231 are Rule thresholds. revised Part 231 definition of Baseline Period is more restrictive than the more stringent than the Federal rules. III. What is EPA’s analysis of New Federal definition for non-EUSGUs D. The Facility Need Not Be Major for York’s NSR rule revisions? because the Federal definition allows the Specific Nonattainment Pollutant in New York currently has an approved only a 5-year look-back period. Order for the Specific Nonattainment NNSR program for new and modified B. Single Baseline for Facilities Significant Threshold To Apply sources. Today, EPA is proposing to Undergoing NSR Modifications approve revisions to New York’s New York’s revised Part 231 does not existing NNSR program and a new PSD The revised Part 231 requires that require that the facility be an existing program. These proposed revisions facilities select a single baseline period major source for the applicable became State effective on March 5, for all regulated NSR pollutants when nonattainment pollutant before looking 2009, and were submitted to EPA on calculating baseline actual emissions. at the specific nonattainment significant March 3, 2009. Copies of the revised Under the Federal NSR rule, facilities threshold for applicability purposes. In rules, as well as the State’s Regulatory are allowed to choose a different other words, a facility only needs to be Impact Statement (RIS), can be obtained baseline period within the look-back a major source for one nonattainment from the Docket, as discussed in the period for each NSR pollutant. This pollutant, for example, ozone, for all ‘‘Docket’’ section above. In general, the allows sources to pick and choose the other nonattainment significant New York State revisions to the rule are baseline period, for each pollutant, most thresholds to apply for applicability similar to the Federal NSR Reform Rules likely to result in an increase below purposes. The revised Part 231 for except for a few specific provisions. A significance levels. New York’s nonattainment areas follows the same discussion of the specific changes to approach would not allow for this applicability procedures as the PSD New York’s rule, proposed for inclusion flexibility, and would increase the rules, i.e., the facility only needs to be in the SIP, that are different from the likelihood of requiring NSR review for an existing major stationary source for EPA rules are as follows. more regulated NSR pollutants. So, this an attainment pollutant and then all the State requirement is more stringent than significant thresholds will apply for A. Definition for Baseline Period the Federal requirement. applicability purposes. This is more Under the major NSR program, an stringent than the Federal requirements existing major facility may modify, or 1 EPA’s environmental impact analysis of the 10- in nonattainment areas which indicate even completely replace, or add, year look-back provision was provided at the time that the existing facility must be a major emissions units without obtaining a of the 2002 NSR Reform rule in EPA’s stationary source for that specific ‘‘Supplemental Analysis of the Environmental major NSR permit, so long as the Impact of the 2002 Final NSR Improvement Rules’’ nonattainment pollutant before the ‘‘projected actual emissions’’ do not and is available at http://www.epa.gov/nsr/ applicable significant nonattainment increase by a significant amount over actions.html#2002. pollutant threshold is applied.

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E. Reasonable Possibility in threshold. For (1) above, EPA requires LAER. The revisions to this regulation, Recordkeeping emission sources to comply with both which EPA is proposing to approve into Revised Part 231 expands upon the pre-change and post-change the SIP, update the existing provisions requirements of EPA’s December 21, recordkeeping and reporting to be consistent with the current Federal 2007 final Reasonable Possibility in requirements. For (2) above, EPA nonattainment rule in 40 CFR 51.165, Recordkeeping rule by incorporating requires only pre-change recordkeeping including the 2002 NSR Reform Rules. recordkeeping and/or monitoring requirements. These revisions address baseline actual Also, the final Federal Reasonable requirements for all insignificant emissions, actual-to-projected-actual Possibility Rule only requires EUSGUs modifications. For example, any applicability tests, and PALs. to notify the permitting authority, prior The State rule does not incorporate modification with a ‘‘project emission to beginning actual construction, for any the portions of the Federal rules that potential’’ (a term equivalent to EPA’s modification with a project emission were vacated by the DC Circuit Court, projected actual emissions increase) potential which equals or exceeds 50% specifically, the clean unit provisions which is less than 50% of the applicable of the applicable significant project and the pollution control projects significant project threshold, or any threshold. Therefore, the revised Part exclusion. Except for the items modification with a project emission 231 is more restrictive than the Federal described above in Sections A through potential which, when emissions from requirements. E, the revisions included in New York’s independent and unrelated factors such Except as described above, the State nonattainment NSR program are as demand growth are added, is less Part 231 rules are substantively the substantively the same as the 2002 NSR than 50% of the applicable significant same as the existing PSD and Reform Rules. As part of its review of project threshold, must maintain for a nonattainment Federal rules. the New York submittal, EPA performed minimum of 5 years: (1) A description F. Prevention of Significant a review of the proposed revisions and of the modification; (2) An has determined that they are consistent Deterioration of Air Quality: 6 NYCRR identification of each new or modified with the program requirements for the Part 231 emission sources(s) including the preparation, adoption and submittal of associated processes, and emission The State rule does not incorporate implementation plans for New Source units; (3) the calculation of the projected the portions of the Federal rules that Review, set forth at 40 CFR 51.165, emission potential for each modified were vacated by the DC Circuit Court, including the 2002 NSR Reform Rules. emission source(s) including supporting specifically, the clean unit provisions We note that New York State is documentation; and (4) the date the and the pollution control projects required to submit a SIP revision to EPA modification commenced operation. exclusion. Except for the items as a result of the Implementation of the The revised Part 231 also extends the described above in Sections A through New Source Review (NSR) Program for pre-construction notification E, the revisions included in New York’s Particulate Matter Less than 2.5 requirement (must submit an PSD program are substantively the same Micrometers (PM2.5) which was application to the NYSDEC) to any and, in some instances (as discussed published in the Federal Register on facility that proposes a modification above), more stringent than the May 16, 2008. 73 FR 28321. This rule with a project emission potential which corresponding Federal provisions. requires the States to adopt and submit equals or exceeds 50% of the applicable As part of its review of the New York plan revisions to their attainment and significant project threshold or proposes SIP submittal, EPA performed a review nonattainment NSR SIP that incorporate a modification with a project emission of the proposed revisions and has a number of requirements pertaining to potential which is less than 50% of the determined that they are consistent with PM2.5 within 3 years from the date EPA applicable significant project threshold, the program requirements for the publishes the changes in the Federal but equals or exceeds 50% of the preparation, adoption and submittal of Register. Consequently, New York State applicable significant project threshold implementation plans for the Prevention has until May 16, 2011 to submit the when emissions from independent and of Significant Deterioration of Air required PM2.5 changes to EPA. unrelated factors such as demand Quality, set forth at 40 CFR 51.166, H. Technical Error and Other Issues growth are added. including the 2002 NSR Reform Rules. For the post-change monitoring There is a technical error in the requirements, the facilities must keep G. Review of New Sources in revised Part 231. New York must records of their calculations of emission Nonattainment Areas: 6 NYCRR Part address this technical error by adding increases from independent and 231 the underlined words ‘‘equal or’’ as unrelated factors such as demand New York’s permitting requirements shown below. However, EPA is growth, monitor post-modification for major sources in nonattainment proposing to approve this regulation emissions, and submit annual reports to areas are set forth at 6 NYCRR Part 231. into the SIP with the interpretation verify the accuracy of their calculations. The New York nonattainment NSR listed below for this particular Under the Federal NSR rule, program was originally approved into definition. Our interpretation, that the provisions for recordkeeping are the New York SIP on July 1, 1980 and language should read as ‘‘equal or applicable to: (1) Modifications with a applies to the construction and exceed,’’ is consistent with other projected actual emissions increase that modification of any major stationary sections of Part 231 which do use the equals or exceeds 50% of the applicable source of air pollution in a term ‘‘equal or exceed’’ when dealing NSR significant threshold, and (2) nonattainment area, as required by part with applicable significant project modifications with a projected actual D of title I of the CAA. To receive threshold of a regulated NSR emissions increase that is less than 50% approval to construct, a source that is contaminant and manifest New York’s of the applicable NSR significance subject to this regulation must show that intention to apply the language in the threshold but when emissions it will not cause a net increase in Federal rules. attributable to independent and pollution with more than 1:1 offset From ‘‘Definitions’’ under 6 NYCRR unrelated factors such as demand ratio, will not create a delay in meeting Part 231–4.1(b)(31): growth are added, equals or exceeds the NAAQS, and will install and use (31) NSR major modification. Any 50% of the applicable NSR significance control technology that achieves the modification of a major facility that would

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equal or exceed the applicable significant nature and extent of the activity and its 1. PSD project threshold of a regulated NSR frequency and cost. Section 200.9 was With respect to PSD, EPA determines contaminant in Table 3, Table 4, or Table 6 amended to include all Federal of Subpart 231–13 of this Part; and would that approval of New York’s regulations result in a significant net emissions increase materials referenced in the proposed will not ‘‘interfere with * * * of that contaminant from the major facility. amendments to Part 231. Section attainment or any other applicable (i) Any modification with a project 200.10(a) was amended to reflect that requirement’’ of the statute. New York emission potential for VOC or NOX that the NYSDEC is no longer delegated has never had a PSD SIP. As a result, the equals or exceeds the applicable significant responsibility for implementation of the regulations currently in place in New project threshold or any net emissions Federal Prevention of Significant York State are the Federal NSR Reform increase at a major facility that is significant Deterioration (PSD) Program. for VOC or NOX shall be considered regulations. New York’s proposed SIP significant for ozone. New York’s amendments to Part 201 for PSD is no less stringent than the With respect to the creation of revise the definition for ‘‘major Federal program, and is in fact more Emission Reduction Credits (ERCs), the stationary source or major source or stringent than the Federal program in a revised 6 NYCRR Part 231 states that for major facility’’ at 6 NYCRR 201– number of ways as discussed above in this proposal. Thus, approval of New NOX, PM10 or VOC emissions, ERCs 2.1(b)(21). The definition will now must have physically occurred on or encompass the term ‘‘major facility’’ and York’s PSD regulations into the SIP will after November 15, 1990 but need not be incorporate major facility and not interfere with any applicable contemporaneous. This November 15, significant project thresholds for requirement of the CAA. 1990 date is much earlier than the facilities emitting particulate matter or 2. Nonattainment NSR (NNSR) emission inventory base year that New particles with an aerodynamic diameter York State uses for planning purposes less than or equal to a nominal 2.5 EPA likewise determines that approval of New York’s proposed NNSR which is the year 2002. EPA regulations micro-meters (PM2.5). EPA designated require a State to include ERCs created the New York City metropolitan area as SIP also would not interfere with attainment, reasonable further progress in the years prior to the emission nonattainment for the PM standard 2.5 or any other applicable requirement of inventory base year in the future year (70 FR 944). NNSR review is now the CAA. New York’s NNSR SIP attainment inventories. ERCs created required for new major facilities and approval dates back to July 1, 1980, well between November 15, 1990 and 2002 major modifications to existing facilities before the 1990 Clean Air Act have been properly accounted for in the that emit PM in significant amounts in 2.5 Amendments. Since then, there have future year (projection) attainment the PM2.5 nonattainment area. inventories that are used to account for been many improvements in part D of the reasonable further progress Since the revisions to Parts 200 and the CAA, and these have been requirements. Therefore, EPA deems 201, including the new or revised incorporated into New York’s revised that the ERC meets the specific definitions are consistent with Federal Part 231. Thus, approval of New York’s requirements from shutdowns and guidance, EPA is proposing to approve new NNSR regulation into the SIP will curtailments contained in 40 CFR part them into the New York SIP. It is add provisions that will support 51, Appendix S, section IV.C.3. important to note that EPA is proposing attainment or reasonable further With respect to the creation of ERCs to approve only those revisions made to progress. For example, the current for PM2.5, 6 NYCRR Part 231 states that Part 200, specifically subparts 200.1, NNSR SIP does not contain up-to-date the ERCs must have physically occurred 200.6, 200.7, and 200.9, as effective offset ratios for VOCs and NOX on or after April 5, 2005 but need not March 5, 2009, consistent with what has inasmuch as it predates the ozone be contemporaneous. The year for the been previously approved into the transport region, and contains a last New York State PM2.5 emission Federally enforceable New York SIP. threshold of 50 tons/year throughout the inventory is 2002. The April 5, 2005 EPA is also proposing to approve those State for VOCs and NOX. New York’s date is more stringent than the Federal revisions to Part 201, specifically revised Part 231 addresses these requirement of using the emission subpart 201–2, effective March 5, 2009, weaknesses. Furthermore, New York’s inventory base year of 2002. Therefore, as it applies to the implementation of reasonable further progress (RFP) EPA is proposing to approve the the Part 231 NSR permitting program. demonstration does not rely on this NSR provision with the April 5, 2005 date. EPA is not proposing action on the rule but on other regulations, such as revisions to section 200.10 since they Reasonably Available Control I. Revisions to 6 NYCRR Part 200, Technology (RACT). ‘‘General Provisions’’ and 6 NYCRR Part are references to Federal standards and 201, ‘‘Permits and Certificates’’ requirements and are therefore already K. Clean Air Act (CAA) Section 193 Federally enforceable standards and New York also made administrative requirements. Section 193 of the CAA specifically changes to Parts 200 and 201 which provides that ‘‘no control requirement in reflect implementation of the Part 231 J. Clean Air Act (CAA) Section 110(l) effect, or required to be adopted by an provisions. The Part 200 amendments, order, settlement agreement, or plan in specifically Subdivision 200.1(bl) was Section 110(l) of the CAA provides effect before November 15, 1990, in any ‘‘ amended to clarify that for emergency that the Administrator shall not area which is a nonattainment area for power generating stationary internal approve a revision of a plan if the any air pollutant may be modified after combustion engines, the potential to revision would interfere with any November 15, 1990, in any manner emit will be based on a maximum of 500 applicable requirement concerning unless the modification insures hours of operation per year per engine attainment and reasonable further equivalent or greater emissions unless a more restrictive limitation progress * * * or any other applicable reductions of such air pollutant.’’ exists in a permit or registration. A new requirement of this Act.’’ As discussed in the preceding section, subdivision 200.1(cl) was added to Approval of New York’s Revised Part New York’s PSD and NNSR SIP indicate that routine maintenance 231 into the SIP would not violate CAA provisions are more stringent than the determinations are made on a case-by- section 110(l) with respect to either PSD applicable Federal regulations and the case basis, taking into account the or nonattainment NSR. existing NSR SIP approved on July 1,

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1980. Because the proposed SIP revision safety risks subject to Executive Order with the Commission’s minimum will result in equivalent or greater 13045 (62 FR 19885, April 23, 1997); distance separation requirements with a emission reductions, the proposed SIP • Is not a significant regulatory action site restriction of 8.7 km (5.4 miles) west revision is consistent with the subject to Executive Order 13211 (66 FR of Grants Pass, at 42–25–25 North requirements of section 193 of the CAA. 28355, May 22, 2001); Latitude and 123–26–25 West • Is not subject to requirements of Longitude. See Supplementary IV. What action is EPA proposing to section 12(d) of the National Information infra. take? Technology Transfer and Advancement DATES: The deadline for filing comments EPA is proposing to approve revisions Act of 1995 (15 U.S.C. 272 note) because is August 26, 2010. Reply comments to the New York SIP 6 NYCRR Part 200, application of those requirements would must be filed on or before September 10, 6 NYCRR Part 201 and 6 NYCRR Part be inconsistent with the Clean Air Act; 2010. 231 which became effective under NYS and law on March 5, 2009, and was • Does not provide EPA with the ADDRESSES: Federal Communications submitted by the State of New York to discretionary authority to address, as Commission, 445 12th Street, SW, EPA on March 3, 2009. Specifically, appropriate, disproportionate human Washington, DC 20554. In addition to EPA is proposing to approve subparts health or environmental effects, using filing comments with the FCC interested 200.1, 200.6, 200.7, and 220.9, as practicable and legally permissible parties should serve the petitioner, as effective March 5, 2009, and subpart methods, under Executive Order 12898 follows: Casey McIntosh, Three Rivers 201–2, as effective March 5, 2009, with (59 FR 7629, February 16, 1994). Broadcasting, LLC, 2970 Ravenwood the caveat that EPA is taking no action In addition, this rule does not have Drive, Grants Pass, Oregon 97527 on the specific items identified in Tribal implications as specified by FOR FURTHER INFORMATION CONTACT: Section I of this proposal related to the Executive Order 13175 (65 FR 67249, Deborah A. Dupont, Media Bureau, Tailoring Rule thresholds. EPA will take November 9, 2000), because the SIP is (202) 418–2180. action on these additional items after not approved to apply in Indian country receiving New York’s letter, expected located in the State, and EPA notes that SUPPLEMENTARY INFORMATION: This is a shortly. it will not impose substantial direct synopsis of the Commission’s Notice of costs on Tribal governments or preempt Proposed Rule Making, MB Docket No. V. Statutory and Executive Order Tribal law. 10–117, adopted June 10, 2010, and Reviews released June 14, 2010. The full text of Under the Clean Air Act, the List of Subjects in 40 CFR Part 52 this Commission decision is available Administrator is required to approve a Environmental protection, Air for inspection and copying during SIP submission that complies with the pollution control, Carbon monoxide, normal business hours in the FCC provisions of the CAA and applicable Intergovernmental relations, Lead, Reference Information Center (Room Federal regulations. 42 U.S.C. 7410(k); Nitrogen dioxide, Ozone, Particulate CY–A257), 445 12th Street, S.W., 40 CFR 52.02(a). Thus, in reviewing SIP matter, Reporting and recordkeeping Washington, D.C. 20554. submissions, EPA’s role is to approve requirements, Sulfur oxides, Volatile The complete text of this decision State choices, provided that they meet organic compounds. may also be purchased from the the criteria of the Clean Air Act. Authority: 42 U.S.C. 7401 et seq. Commission’s copy contractor, Best Accordingly, this action merely Copy and Printing, Inc., 445 12th Street, approves State law as meeting Federal Dated: July 16, 2010. SW, Room CY–B402, Washington, DC requirements and does not impose Judith A. Enck, 20554, 800–378–3160 or via the additional requirements beyond those Regional Administrator, Region 2. company’s website, http:// imposed by State law. For that reason, [FR Doc. 2010–18365 Filed 7–26–10; 8:45 am] www.bcpiweb.com. this action: BILLING CODE 6560–50–P This document does not contain • Is not a ‘‘significant regulatory proposed information collection action’’ subject to review by the Office requirements subject to the Paperwork of Management and Budget under FEDERAL COMMUNICATIONS Reduction Act of 1995, Public Law 104– Executive Order 12866 (58 FR 51735, COMMISSION 13. In addition, therefore, it does not October 4, 1993); • contain any proposed information Does not impose an information 47 CFR Part 73 collection burden ‘‘for small business collection burden under the provisions concerns with fewer than 25 of the Paperwork Reduction Act (44 [DA 10–1061; MB Docket No. 10–117; RM– 11601] employees,’’ pursuant to the Small U.S.C. 3501 et seq.); Business Paperwork Relief Act of 2002, • Is certified as not having a FM TABLE OF ALLOTMENTS, GRANTS Public Law 107–198, see 44 U.S.C. significant economic impact on a PASS, OREGON 3506(c)(4). substantial number of small entities under the Regulatory Flexibility Act (5 AGENCY: Federal Communications Provisions of the Regulatory U.S.C. 601 et seq.); Commission Flexibility Act of 1980 does not apply to this proceeding. • Does not contain any unfunded ACTION: Proposed rule. mandate or significantly or uniquely Members of the public should note affect small governments, as described SUMMARY: This document sets forth a that from the time a Notice of Proposed in the Unfunded Mandates Reform Act proposal to amend the FM Table of Rule Making is issued until the matter of 1995 (Pub. L. 104–4); Allotments. The Commission requests is no longer subject to Commission • Does not have Federalism comment on a petition filed by Three consideration or court review, all ex implications as specified in Executive Rivers Broadcasting, LLC proposing the parte contacts are prohibited in Order 13132 (64 FR 43255, August 10, allotment of FM Channel 257A as the Commission proceedings, such as this 1999); second commercial allotment at Grants one, which involve channel allotments. • Is not an economically significant Pass, Oregon. The channel can be See 47 CFR 1.1204(b) for rules regulatory action based on health or allotted at Grants Pass in compliance governing permissible ex parte contacts.

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For information regarding proper • Federal eRulemaking Portal: Go to with the public interest and Federal filing procedures for comments, see 47 http://www.regulations.gov. Follow the hazmat law, if a required safety level CFR 1.415 and 1.420. online instructions for submitting does not exist. Section 5117(a) comments. authorizes the Secretary of List of Subjects in 47 CFR Part 73 • Fax: 1–202–493–2251. Transportation to issue a special permit Radio, Radio broadcasting. • Mail: Docket Operations, U.S. from a regulation prescribed in For the reasons discussed in the Department of Transportation, West §§ 5103(b), 5104, 5110, or 5112 of the preamble, the Federal Communications Building, Ground Floor, Room W12– Federal Hazardous Materials Commission proposes to amend 47 CFR 140, Routing Symbol M–30, 1200 New Transportation Law to a person part 73 as follows: Jersey Avenue, SE., Washington, DC transporting, or causing to be 20590. transported, hazardous material in a PART 73—RADIO BROADCAST • Hand Delivery: To Docket way that achieves a safety level at least SERVICES Operations, Room W12–140 on the equal to the safety level required under 1. The authority citation for Part 73 ground floor of the West Building, 1200 the law, or consistent with the public continues to read as follows: New Jersey Avenue, SE., Washington, interest, if a required safety level does Authority: 47 U.S.C. 154, 303, 334, DC 20590, between 9 a.m. and 5 p.m., not exist. The Pipeline and Hazardous 336. Monday through Friday, except Federal Materials Safety Administration holidays. (PHMSA) is the administration within Instructions: All submissions must the Department of Transportation (DOT) § 73.202 [Amended] include the agency name and docket primarily responsible for implementing 2. Section 73.202(b), the Table of FM number for this notice at the beginning the Federal hazmat law and issuing Allotments under Oregon, is amended of the comment. All comments received special permits. by adding Grants Pass, Channel 257A. will be posted without change to the The HMR generally are performance- oriented regulations that provide the Federal Communications Commission. Federal Docket Management System (FDMS), including any personal regulated community with a certain John A. Karousos, amount of flexibility in meeting safety Assistant Chief, information. • Docket: For access to the dockets to requirements. Even so, not every Audio Division, read background documents or transportation situation can be Media Bureau. comments received, go to http:// anticipated and built into the [FR Doc. 2010–18265 Filed 7–27–10; 8:45 am] www.regulations.gov or DOT’s Docket regulations. Innovation is a strength of our economy and the hazardous BILLING CODE 6712–01–S Operations Office (see ADDRESSES). • Privacy Act: Anyone is able to materials community is particularly search the electronic form of any written strong at developing new materials and technologies and innovative ways of DEPARTMENT OF TRANSPORTATION communications and comments received into any of our dockets by the moving materials. Special permits Pipeline and Hazardous Materials name of the individual submitting the enable the hazardous materials industry Safety Administration document (or signing the document, if to quickly, effectively, and safely submitted on behalf of an association, integrate new products and technologies 49 CFR Parts 105, 107, and 171 business, labor union, etc.). You may into the production and transportation stream. Thus, special permits provide a [Docket No. PHMSA–2009–0410 (HM–233B)] review DOT’s complete Privacy Act Statement in the Federal Register mechanism for testing new RIN 2137–AE57 published on April 11, 2000 (Volume technologies, promoting increased 65, Number 70; Pages 19477–78). transportation efficiency and Hazardous Materials Transportation: productivity, and ensuring global FOR FURTHER INFORMATION CONTACT: Mr. Revisions of Special Permits competitiveness. A special permit must Steven Andrews or Mr. T. Glenn Foster, Procedures achieve at least an equivalent level of Office of Hazardous Materials safety to that specified in the HMR, or AGENCY: Pipeline and Hazardous Standards, PHMSA, at (202) 366–8553 be consistent with the public interest Materials Safety Administration or Mr. Don Burger, Office of Hazardous and Federal hazmat law, if a required (PHMSA), DOT. Materials Special Permits and safety level does not exist. ACTION: Notice of proposed rulemaking Approvals, PHMSA, at (202) 366–4511. Implementation of new technologies (NPRM). SUPPLEMENTARY INFORMATION: and operational techniques can enhance safety because the authorized operations SUMMARY: PHMSA is proposing to revise I. Background or activities often provide a greater level its procedures for applying for a special The Federal hazardous material of safety than required under the permit to require an applicant to transportation law (Federal hazmat law), regulations. And each applicant granted provide sufficient information about its 49 U.S.C. 5101 et seq., directs the a special permit undergoes a safety operations to enable the agency to Secretary of Transportation to prescribe fitness evaluation further assuring the evaluate the applicant’s fitness and the regulations for the safe transportation of safety of transportation under the safety impact of operations that would hazardous material in commerce. (49 special permit. Special permits also be authorized in the special permit. In U.S.C. 5103) Federal hazmat law reduce the volume and complexity of addition, PHMSA is providing an on- authorizes the Secretary to issue the HMR by addressing unique or line application option. variances—termed special permits— infrequent transportation situations that DATES: Submit comments by August 26, from the Hazardous Materials would be difficult to accommodate in 2010. Regulations (HMR; 49 CFR parts 171– regulations intended for use by a wide ADDRESSES: You may submit comments 180) only if a special permit provides range of shippers and carriers. identified by the docket number for a safety level at least equal to the The procedures governing the (PHMSA–2009–0410) by any of the safety level required under Federal application, issuance, modification, and following methods: hazmat law/regulations or consistent termination of special permits are found

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at Subpart B of 49 CFR part 107 (see Federal Aviation Administration (FAA), Part 105 §§ 107.101–107.127). An application and/or the U.S. Coast Guard to gather Section 105.35 must include: (1) A citation of the additional information relevant to the specific regulation or regulations from application and ensure the agency’s Section 105.35 specifies the methods which the applicant seeks relief; (2) the concurrence with PHMSA’s by which PHMSA may serve documents hazardous materials planned for conclusions. during the course of its proceedings, transportation under the special permit; such as registered mail, certified mail, (3) the mode or modes of transportation II. Proposals in This NPRM or publication in the Federal Register. that will be utilized; (4) a detailed In this NPRM, PHMSA is proposing to In an effort to provide an additional description of the operation for which alternative to these methods, in this the special permit is requested (e.g., revise the special permits application procedures by clarifying existing NPRM, we are proposing to add a new alternative ways to qualify packagings paragraph (a)(4) to authorize electronic requirements and requiring additional, for hazardous materials transportation; service if consented to in writing by the more detailed information to enable the alternative packagings; alternative party to be served, and electronic hazard communication; alternative agency to strengthen its oversight of the service for all special permit and stowage or segregation plans; or other special permits program. The proposed approval actions. alternative procedures or activities) and revisions to the application procedures written description, drawings, flow will allow PHMSA to more effectively Part 107 charts, plans, and supporting assess the level of safety that will be Section 107.105 documentation; (5) the time period for achieved under the special permit. In which the special permit is requested; addition, the proposed revisions will Section 107.105 specifies the (6) a statement outlining the reasons for enable PHMSA to better evaluate the requirements for submitting an requesting the special permit; and (7) a fitness of an applicant, including its application for a special permit or a description of the packaging that will be ability to safely conduct the operations modification of a special permit. In this used under the special permit. Further, that may be authorized under a special NPRM, for clarification, we propose to PHMSA must review an applicant’s permit. The additional information will revise paragraph (a) to require that all safety fitness (i.e., previous incidents, also enhance PHMSA’s ability to supporting documentation be written in citations) to assure that the applicant monitor operations conducted under a English. We propose to revise (a)(1) to will carry out its responsibilities in a require that a table of contents be special permit and to take corrective safe manner. included in the application and to actions if necessary to ensure safety. In In addition, the applicant must remove the requirement that demonstrate that a special permit addition, PHMSA is proposing to applications must be submitted in achieves a level of safety at least equal remove the word ‘‘exemption’’ from Part duplicate. In (a)(1)(iii), we also propose to that required by regulation or, if the 107 and from the definition of a ‘‘special to provide the option for applicants to required safety level does not exist, that permit’’ in § 107.1, Definitions, and submit applications on-line through the the special permit is consistent with the § 171.8, Definitions and Abbreviation PHMSA website. public interest. To this end, at a because the term has become obsolete. In paragraph (a)(2), PHMSA is minimum, the application must include: Further, § 107.1 was amended following proposing to request additional (1) Information on shipping and the publication of a final rule entitled information about the applicant, incident history and experience relating ‘‘Hazardous Materials: Incorporation of including the applicant’s physical to the application; (2) identification of Special Permits Into Regulations,’’ address(es) of all known locations increased risks to safety or property that published on May 14, 2010 [75 FR where the special permit will be used, may result if the special permit is 27205] under Docket No. PHMSA– a point of contact for information about granted and a description of measures 2009–0289 (HM–233A). The May 14, the special permit, the name of the that will be taken to mitigate that risk; 2010 final rule revised the definition for company president or Chief Executive and (3) analyses, data, or test results ‘‘special permit’’ in 49 CFR part 107 to Officer (CEO), and a Dun and demonstrating that the level of safety permit the Associate Administrator of Bradstreet’s Data Universal Numbering expected under the special permit is Hazardous Materials Safety to designate System (D–U–N–S) identifier. equal to the level of safety achieved by the regulation from which the applicant signature authority at the Office Director In paragraph (a)(4), for a seeks relief. level. The same revision to the manufacturing special permit, PHMSA PHMSA independently reviews and definition for ‘‘special permit’’ was made is proposing to require the street address evaluates the information provided in in § 171.8. Both revisions are reflected of each of the facilities of the applicant the special permit application to in this NPRM. where manufacturing under the special determine that the special permit will Finally, to increase flexibility and permit will occur, and, if applicable, the achieve an equal level of safety as reduce the paperwork burden on symbol of the packaging manufacturer provided by the HMR or, if a required applicants, in this NPRM, PHMSA is (‘‘M’’ number). PHMSA also is proposing level of safety does not exist, that the proposing to implement an on-line to add a new paragraph (a)(5) to require an applicant who must register in special permit is consistent with the application capability for special public interest. This review includes a accordance with Subpart F or G of Part permits, and to authorize electronic technical analysis of the alternative 107 to provide its registration number or service for several administrative proposed in the application, an the name of the company to which the evaluation of the past compliance practices and procedures. registration number is assigned if history of the applicant (including III. Section-by-Section Review different from the applicant. Likewise, incident history, enforcement actions, in the same paragraph, PHMSA is and the like), and coordination, as Following is a section-by-section proposing to require an applicant to applicable, with the Federal Motor review of the amendments proposed in provide a statement that the registration Carrier Safety Administration (FMCSA), this NPRM. requirements are not required when Federal Railroad Administration (FRA), these requirements do not apply.

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PHMSA is also proposing to revise, fatigue, and corrosion. The hoop stress name of the company president or Chief re-designate, and add several new may result from inadequate tensile Executive Officer (CEO), and a Dun and paragraphs in paragraphs (c) and (d) of strength, exposure of a cylinder to high Bradstreet’s Data Universal Numbering § 107.105 to ensure that a special permit temperature, overfilling, and other System (D–U–N–S) identifier. In application includes sufficient factors. We believe that the applicant paragraph (a)(4), for clarification, information on shipping and incident requesting a special permit is the most PHMSA is proposing to provide history and experience relating to the suitable party to perform a ‘‘failure mode examples of supporting documentation initial application, modification or and effect analysis (FMEA)’’ FMEA or a that may require updating when an renewal of a special permit, and risk assessment that identifies the application for renewal of the special associated risks and ways to control the identification of increased risks to safety permit is submitted. In paragraph (a)(5), or property that may result if a special risk for a requested special permit. to more fully capture events that may permit is granted or renewed. Therefore, in paragraph (d)(3)(i), In paragraph (c)(2), PHMSA is PHMSA is proposing to add the phrase have occurred throughout the life-cycle proposing to require a description of all ‘‘failure mode and effect analysis of the special permit, PHMSA is operational controls that would apply to (FMEA)’’ as an example of proposing to add the term ‘‘operational’’ the mode or modes of transportation documentation that is acceptable to experience to the current requirement that will be utilized under the special substantiate that the proposed that a statement be included in the permit. For example, for a shipment of alternative will achieve a level of safety application describing all relevant ammonia solutions, the operational that is at least equal to that required by shipping and incident experience of controls may include the driver of a the regulation from which the special which the applicant is aware in transport vehicle and the consignee permit is being sought. connection with the special permit being trained not to enter the transport since its issuance or most recent Section 107.107 vehicle until the ammonia vapors have renewal. dissipated. Section 107.107 specifies the PHMSA is also proposing to add new In paragraph (c)(3), PHMSA is requirements for submitting an proposing to require alternative hazard application for party status to an paragraphs (a)(7) and (a)(8). In communication, including labeling and application or an existing special paragraph (a)(7), PHMSA is proposing to marking requirements, be included permit. In paragraph (a), PHMSA is require the applicant to submit within the detailed description of the proposing to editorially revise the additional information for a renewal proposed special permit. PHMSA is sentence ‘‘Any person eligible to apply that is requested after the expiration proposing to revise paragraph (c)(5) to for a special permit may apply to be date of the special permit. Specifically, require, for transportation by air, a made a party * * *’’ by removing the PHMSA proposes to require: (1) The statement outlining the reason(s) the word ‘‘made.’’ In paragraph (b)(3), reason the special permit authorization hazardous material is being transported PHMSA is proposing to require the was allowed to expire; (2) a certification by air if other modes are available. applicant to submit the same statement that no shipments were PHMSA is also proposing to revise information that would be required from transported after the expiration date of paragraph (c)(7) to require the quantity an applicant for a special permit, the special permit, or a statement of each hazardous material be indicated including the applicant’s physical describing any transportation under the in addition to the identification and address(es) of all known locations terms of the special permit after the description of the hazardous materials where the special permit will be used, expiration date, if applicable; and (3) a planned for transportation under the a point of contact, the name of the statement describing the action(s) the special permit. company president or Chief Executive applicant will take to ensure future In addition, PHMSA is proposing to Officer (CEO), and a Dun and renewal is requested before the re-designate paragraph (c)(10) as new Bradstreet’s Data Universal Numbering expiration date. In paragraph (a)(8), paragraph (c)(13), and to add new System (D–U–N–S) identifier. We also paragraphs (c)(10), (c)(11) and (c)(12) to propose to add a new (b)(6) to require PHMSA is proposing to require the require the applicant to submit: (1) An a certification that the applicant has not applicant to provide a specific estimate of the number of operations previously been granted party status to justification why the special permit expected to be conducted or the number the special permit. If the applicant has should be renewed if no operations or of shipments expected to be transported previously been granted party status, the shipments have been made since the under the special permit; (2) an estimate applicant must follow renewal issuance or renewal of the special of the number of packagings expected to procedures as specified in § 107.109. permit. be manufactured under the special Sections 107.109; 107.113; 107.117; permit; and (3) a statement as to Section 107.109 107.121; 107.123; 107.125; and 171.8 whether the special permit being sought Section 107.109 specifies the is related to a compliance review, requirements for submitting an In this NPRM, PHMSA is proposing to inspection activity, or enforcement application for renewal of a special revise certain sections in Part 107— action, respectively. permit or party status to a special ‘‘Hazardous Materials Program Procedures’’ to Finally, we believe it is essential to permit. In paragraph (a)(3), PHMSA is authorize the use of ‘‘electronic service’’ or understand and analyze the risks of a proposing to require the applicant to ‘‘electronic means’’ to provide greater special permit application, and the submit the same information that would analysis should include potential failure be required from an applicant for the flexibility in the procedures for the modes and consequences. For example, special permit, including the applicant’s issuance, modification, and termination a special permit application that physical address(es) of all known new of special permits. The affected sections includes Part 178 requirements for locations not previously identified in are as follows: design and manufacturing of DOT the application where the special permit specification cylinders should include will be used and all locations not an analysis that addresses failure of a previously identified where the special cylinder due to excessive hoop stress, permit was used, a point of contact, the

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§ 107.113 Application processing and § 107.109 applicants and administrative costs for evaluation. § 107.113 the agency. § 107.121 Modification, suspension or C. Executive Order 13132 termination of special permit or grant of § 107.121 party status. § 107.123 This proposed rule was analyzed in § 107.123 Reconsideration. accordance with the principles and § 171.8 criteria contained in Executive Order § 107.125 Appeal. III. Rulemaking Analyses and Notices 13132 (‘‘Federalism’’). This proposed Section 107.113 specifies the rule would preempt state, local and requirements for the application and A. Statutory/Legal Authority for This Indian tribe requirements but does not processing of: (1) An application for a Rulemaking propose any regulation that has special permit; (2) modification of a This NPRM is published under the substantial direct effects on the states, special permit, (3) party to a special authority of 49 U.S.C. 5103(b), which the relationship between the national permit, or (4) renewal of a special authorizes the Secretary to prescribe government and the states, or the permit to determine if it is complete and regulations for the safe transportation, distribution of power and conforms to the requirements of the including security, of hazardous responsibilities among the various HMR. In paragraph (d), PHMSA is material in intrastate, interstate, and levels of government. Therefore, the proposing to require that during the foreign commerce. 49 U.S.C. 5117(a) consultation and funding requirements processing and evaluation of an authorizes the Secretary of of Executive Order 13132 do not apply. application, the Associate Administrator Transportation to issue a special permit Federal hazardous material may request additional information from a regulation prescribed in transportation law, 49 U.S.C. 5101– from the applicant, including during an §§ 5103(b), 5104, 5110, or 5112 of the on-site review. To enable the agency to Federal Hazardous Materials 5128, contains an express preemption better evaluate the applicant’s fitness Transportation Law to a person provision (49 U.S.C. 5125(b)) and the safety impact of operations that transporting, or causing to be preempting state, local and Indian tribe would be authorized in the special transported, hazardous material in a requirements on certain covered permit, we are also proposing to specify way that achieves a safety level at least subjects. that a failure on the part of the applicant equal to the safety level required under D. Executive Order 13175 to cooperate with an on-site review may the law, or consistent with the public result in the application being deemed interest, if a required safety level does This proposed rule was analyzed in incomplete and subsequently being not exist. If adopted as proposed, the accordance with the principles and denied. final rule would amend the regulations criteria contained in Executive Order Section 107.117 specifies the to revise the special permit application 13175 (‘‘Consultation and Coordination requirements for submitting an requirements and provide an on-line with Indian Tribal Governments’’). application for emergency processing. In capability for applications. Because this proposed rule does not paragraph (d)(5), PHMSA is proposing B. Executive Order 12866 and DOT have tribal implications and does not to update the telephone number for the Regulatory Policies and Procedures impose substantial direct compliance Chief, Hazardous Materials Standards costs on Indian tribal governments, the Division, Office of Operating and This proposed rule is not considered funding and consultation requirements Environmental Standards, U.S. Coast a significant regulatory action under of Executive Order 13175 do not apply. Guard, U.S. Department of Homeland section 3(f) of Executive Order 12866 Security, Washington, DC for an and, therefore, was not reviewed by the E. Regulatory Flexibility Act, Executive application submitted on an emergency Office of Management and Budget Order 13272, and DOT Procedures and basis and to be utilized by water (OMB). This proposed rule is not Policies transportation for the initial mode of considered a significant rule under the transportation. Regulatory Policies and Procedures of The Regulatory Flexibility Act (5 PHMSA is also proposing to remove the Department of Transportation (44 FR U.S.C. 601–611) requires each agency to the word ‘‘exemption(s)’’ from various 11034). In this NPRM, PHMSA is analyze regulations and assess their sections in part 107 and from the proposing to revise the special permits impact on small businesses and other definition of a ‘‘special permit’’ in application procedures by requiring small entities to determine whether the § 171.8, Definitions and Abbreviation. additional, more detailed information to rule is expected to have a significant These proposed amendments are enable the agency to strengthen its impact on a substantial number of small necessary because use of the term oversight of the special permits entities. The NPRM proposes revisions ‘‘exemption(s)’’ has been replaced with program. PHMSA recognizes there may to current special permit application ‘‘special permit(s)’’ following the be additional costs related to the requirements that may increase the time proposals to require additional publication of a final rule entitled that would be required to complete such ‘‘ information in the special permits Hazardous Materials: Incorporation of an application. Although many of the Statutorily Mandated Revisions to the application procedures. However, we applicants may be small businesses or Hazardous Materials Regulations,’’ believe these costs are minimized by the other small entities, PHMSA believes published on December 9, 2005 [70 FR proposals to allow for electronic means that the addition of an on-line 73156] under Docket No. PHMSA– for all special permits and approvals 2005–22208 (HM–240). The December actions, and the proposals to authorize application option will significantly 9, 2005 final rule changed the term electronic means as an alternative to reduce the burden imposed by the ‘‘exemption’’ to ‘‘special permit’’ and written means of communication. Taken application requirements. Therefore, provided for a two-year period when the together, the provisions of this proposed PHMSA certifies that the provisions of special permit is first granted, and a rule will promote the continued safe this NPRM would not have a significant four-year period for renewals. transportation of hazardous materials economic impact on a substantial The affected sections are as follows: while reducing paperwork burden on number of small entities.

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F. Unfunded Mandates Reform Act of maintaining these requirements for 49 CFR Part 171 1995 approval under this proposed rule. Exports, Hazardous materials This proposed rule does not impose Requests for a copy of this transportation, Hazardous waste, unfunded mandates under the information collection should be Imports, Incorporation by reference, Unfunded Mandates Reform Act of directed to Deborah Boothe or T. Glenn Reporting and recordkeeping 1995. It does not result in costs of Foster, Office of Hazardous Materials requirements. $141.3 million or more, in the aggregate, Standards (PHH–11), Pipeline and In consideration of the foregoing, to any of the following: State, local, or Hazardous Materials Safety PHMSA proposes to amend 49 CFR Native American tribal governments, or Administration, 1200 New Jersey Parts 105, 107, and 171 as follows: the private sector. Avenue, SE., Washington, DC 20590– 0001, Telephone (202) 366–8553. PART 105—HAZARDOUS MATERIALS G. Paperwork Reduction Act Address written comments to the PROGRAM DEFINITIONS AND PHMSA has an approved information Dockets Unit as identified in the GENERAL PROCEDURES collection under OMB Control Number ADDRESSES section of this rulemaking. 2137–0051, ‘‘Rulemaking, Special 1. The authority citation for part 105 We must receive comments regarding continues to read as follows: Permits, and Preemption Requirements.’’ information collection burdens prior to This NPRM may result in a slight the close of the comment period Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. increase in the annual burden and costs identified in the DATES section of this under this information collection due to rulemaking. In addition, you may 2. In § 105.35, add paragraph (a)(4) to proposed changes to require an submit comments specifically related to read as follows: applicant to provide additional the information collection burden to the information about its operations to § 105.35 Serving documents in PHMSA PHMSA Desk Officer, Office of proceedings. enable the agency to evaluate the Management and Budget, at fax number applicant’s fitness and the safety impact 202–395–6974. (a) * * * of operations that would be authorized * * * * * in the special permit. Some of this H. Regulation Identifier Number (RIN) (4) Electronic service. (i) Service by increased burden will be minimized A regulation identifier number (RIN) electronic means if consented to in because of proposed changes to allow writing by the party to be served. for electronic means for all special is assigned to each regulatory action listed in the Unified Agenda of Federal (ii) For all special permits and permits and approvals actions, and the approvals actions, electronic service is proposals to authorize electronic means Regulations. The Regulatory Information Service Center publishes the Unified authorized. as an alternative to written means of * * * * * communication. Agenda in April and October of each Under the Paperwork Reduction Act year. The RIN number contained in the heading of this document may be used PART 107—HAZARDOUS MATERIALS of 1995, no person is required to PROGRAM PROCEDURES respond to an information collection to cross-reference this action with the unless it has been approved by OMB Unified Agenda. 3. The authority citation for part 107 and displays a valid OMB control I. Environmental Assessment continues to read as follows: number. Section 1320.8(d), title 5, Code Authority: 49 U.S.C. 5101–5128, 44701; of Federal Regulations requires that The National Environmental Policy Pub. L. 101–410 section 4 (28 U.S.C. 2461 PHMSA provide interested members of Act of 1969 (NEPA), as amended (42 note); Pub. L. 104–121 sections 212–213; the public and affected agencies an U.S.C. 4321–4347), requires Federal Pub. L. 104–134 section 31001; 49 CFR 1.45, opportunity to comment on information agencies to consider the consequences 1.53. and recordkeeping requests. This notice of major federal actions and prepare a 4. In § 107.1, revise the definition of identifies a revised information detailed statement on actions ‘‘special permit’’ to read as follows: collection request, including a new significantly affecting the quality of the form, that PHMSA will submit to OMB human environment. Given that this § 107.1 Definitions. for approval based on the requirements rulemaking proposes to require * * * * * in this proposed rule. PHMSA has additional, more detailed information Special permit means a document developed burden estimates to reflect from applicants and strengthen agency issued by the Associate Administrator, changes in this proposed rule. PHMSA oversight, this proposed change in or other designated Department official, estimates that the additional regulation would increase safety and under the authority of 49 U.S.C. 5117 information collection and environmental protections. There are no permitting a person to perform a recordkeeping burden as proposed in significant environmental impacts function that is not otherwise permitted this rule would be as follows: associated with this proposed rule. under subchapter A or C of this chapter, OMB Control No. 2137–0051: or other regulations issued under 49 List of Subjects Affected Number of Annual U.S.C. 5101 et seq. (e.g., Federal Motor Respondents: 3,500. 49 CFR Part 105 Carrier Safety routing requirements). Affected Number of Annual * * * * * Administrative practice and Responses: 3,500. 5. Revise § 107.105 to read as follows: Net Increase in Annual Burden Hours: procedure, Hazardous materials 865. transportation. § 107.105 Application for special permit. Net Increase in Annual Burden Costs: 49 CFR Part 107 (a) General. Each application for a $34,600. special permit or modification of a PHMSA specifically requests Administrative practice and special permit and all supporting comments on the information collection procedure, Hazardous materials documents must be written in English and recordkeeping burdens associated transportation, Penalties, Reporting and and submitted for timely consideration with developing, implementing, and recordkeeping requirements. at least 120 days before the requested

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effective date and conform to the listed in paragraph (a)(2) of this section, a compliance review, inspection following requirements: the application must provide a activity, or enforcement action; (1) The application, including a table statement indicating that registration is (13) When a Class 1 material is of contents must: not required. forbidden for transportation by aircraft (i) Be submitted to the Associate (b) Confidential treatment. To request except under a special permit (see Administrator for Hazardous Materials confidential treatment for information Columns 9A and 9B in the table in 49 Safety (Attention: Special Permits, contained in the application, the CFR 172.101), an applicant for a special PHH–31), Pipeline and Hazardous applicant must comply with § 105.30(a). permit to transport such Class 1 material Materials Safety Administration, U.S. (c) Description of special permit on passenger-carrying or cargo-only Department of Transportation, East proposal. The application must include aircraft with a maximum certificated Building, 1200 New Jersey Avenue, SE., the following information that is takeoff weight of less than 12,500 Washington, DC 20590–0001; relevant to the special permit proposal: pounds must certify that no person (ii) Be submitted with any attached (1) A citation of the specific within the categories listed in 18 U.S.C. supporting documentation by facsimile regulation from which the applicant 842(i) will participate in the (fax) to: (202) 366–3753 or (202) 366– seeks relief; transportation of the Class 1 material. 3308; or (2) The proposed mode or modes of (d) Justification of special permit (iii) Be submitted by electronic mail transportation, including a description proposal. The application must (e-mail) to: [email protected]; or of all operational controls required for demonstrate that a special permit on-line at: http://www.phmsa.dot.gov/ the mode or modes of transportation; achieves a level of safety at least equal hazmat/regs/sp-a. (3) A detailed description of the to that required by regulation, or if a (2) The application must state the proposed special permit (e.g., name, mailing address, physical required safety level does not exist, is alternative packaging, test, procedure, consistent with the public interest. At a address(es) of all known locations activity, or hazard communication, where the special permit will be used, minimum, the application must provide including marking and labeling the following: e-mail address (if available), and requirements) including, as appropriate, telephone number of the applicant. If (1) Information describing all relevant written descriptions, drawings, flow shipping and incident experience of the applicant is not an individual, the charts, plans and other supporting application must state the company which the applicant is aware that relates documents; to the application; and name, mailing address, physical (4) A specification of the proposed (2) A statement identifying any address(es) of all known locations duration or schedule of events for which increased risk to safety or property that where the special permit will be used, the special permit is sought; e-mail address (if available), and (5) A statement outlining the may result if the special permit is telephone number of an individual applicant’s basis for seeking relief from granted, and a description of the designated as the point of contact for the compliance with the specified measures to be taken to address that applicant for all purposes related to the regulations and, if the special permit is risk; and application; the company Chief requested for a fixed period, a (3) Either: Executive Officer (CEO) or president; description of how compliance will be (i) Substantiation, with applicable and the Dun and Bradstreet’s Data achieved at the end of that period. For analyses, data or test results (e.g., failure Universal Numbering System transportation by air, a statement mode and effect analysis), that the (D–U–N–S) identifier. outlining the reason(s) the hazardous proposed alternative will achieve a level (3) If the applicant is not a resident of material is being transported by air if of safety that is at least equal to that the United States, in addition to the other modes are available; required by the regulation from which information listed in paragraph (a)(2) of (6) If the applicant seeks emergency the special permit is sought; or this section, the application must processing specified in § 107.117, a (ii) If the regulations do not establish identify and designate an agent for statement of supporting facts and a level of safety, an analysis that service in accordance with § 105.40 of reasons; identifies each hazard, potential failure this part. (7) Identification and description, mode and the probability of its (4) For a manufacturing special including the quantity, of the hazardous occurrence, and how the risks permit, in addition to the information materials planned for transportation associated with each hazard and failure listed in paragraph (a)(2) of this section, under the special permit; mode are controlled for the duration of the application must state the name and (8) Description of each packaging, an activity or life-cycle of a packaging. street address of each of the facilities of including specification or special permit 6. Revise § 107.107 to read as follows: the applicant where manufacturing number, as applicable, to be used in § 107.107 Application for party status. under the special permit will occur, and conjunction with the requested special the symbol of the packaging permit; (a) Any person eligible to apply for a manufacturer (‘‘M’’ number), if (9) For alternative packagings, special permit may apply to be a party applicable. documentation of quality assurance to an application or an existing special (5) For persons required to be controls, package design, manufacture, permit, other than a manufacturing registered in accordance with subpart F performance test criteria, in-service special permit. or G of this part, in addition to the performance and service-life limitations; (b) Each application filed under this information listed in paragraph (a)(2) of (10) An estimate of the number of section must conform to the following this section, the application must operations expected to be conducted or requirements:— provide the registration number or the number of shipments to be transported (1) The application must: name of the company to which the under the special permit; (i) Be submitted to the Associate registration number is assigned if (11) An estimate of the number of Administrator for Hazardous Materials different from the applicant. For persons packagings expected to be manufactured Safety (Attention: Special Permits, not required to be registered in under the special permit, if applicable; PHH–31), Pipeline and Hazardous accordance with Subpart F or G of this (12) A statement as to whether the Materials Safety Administration, U.S. part, in addition to the information special permit being sought is related to Department of Transportation, East

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Building, 1200 New Jersey Avenue, SE., renewal procedures set forth in (5) The application must include a Washington, DC 20590–0001; § 107.109 apply. statement describing all relevant (ii) Be submitted with any attached 7. Revise § 107.109 to read as follows: operational, shipping, and incident supporting documentation by facsimile experience of which the applicant is § 107.109 Application for renewal. (fax) to: (202) 366–3753 or (202) 366– aware in connection with the special 3308; or (a) Each application for renewal of a permit since its issuance or most recent (iii) Be submitted by electronic mail special permit or party status to a renewal. If the applicant is aware of no (e-mail) to: [email protected], or special permit must conform to the incidents, the applicant must so certify. on-line at: http://www.phmsa.dot.gov/ following requirements: When known to the applicant, the hazmat/regs/sp-a. (1) The application must: statement must indicate the (i) Be submitted to the Associate (2) The application must identify by approximate number of shipments made Administrator for Hazardous Materials number the special permit application or packages shipped, as applicable, the Safety (Attention: Special Permits, or special permit to which the applicant number of shipments or packages PHH–31), Pipeline and Hazardous seeks to become a party. involved in any loss of contents, Materials Safety Administration, U.S. (3) The application must state the including loss by venting other than as Department of Transportation, East name, mailing address, physical authorized in subchapter C. address(es) of all known locations Building, 1200 New Jersey Avenue, SE., (6) When a Class 1 material is where the special permit will be used, Washington, DC 20590–0001; forbidden for transportation by aircraft, (ii) Be submitted with any attached e-mail address (if available), and except under a special permit (see supporting documentation submitted in telephone number of the applicant. If Columns 9A and 9B in the table in 49 an appropriate format by facsimile (fax) the applicant is not an individual, the CFR 172.101), an application to renew application must state the company to: (202) 366–3753 or (202) 366–3308; or (iii) Be submitted by electronic mail a special permit to transport such Class name, mailing address, physical 1 material on passenger-carrying or address(es) of all known locations (e-mail) to: [email protected]; or on-line at: http://www.phmsa.dot.gov/ cargo-only aircraft with a maximum where the special permit will be used, certificated takeoff weight of less than e-mail address (if available), and hazmat/regs/sp-a. (2) The application must identify by 12,500 pounds must certify that no telephone number of an individual person within the categories listed in 18 designated as the point of contact for the number the special permit for which renewal is requested. U.S.C. 842(i) will participate in the applicant for all purposes related to the transportation of the Class 1 material. application; the company Chief (3) The application must state the name, mailing address, physical (7) If the renewal is requested after the Executive Officer (CEO) or president; expiration date of the special permit, the and the Dun and Bradstreet’s Data address(es) of all known new locations not previously identified in the following information is required: Universal Numbering System (i) The reason the special permit (D–U–N–S) identifier. application where the special permit will be used and all locations not authorization was allowed to expire; (4) If the applicant is not a resident of (ii) A certification statement that no previously identified where the special the United States, the application must shipments were transported after the permit was used, e-mail address (if identify and designate an agent for expiration date of the special permit, or available), and telephone number of the service in accordance with § 105.40 of a statement describing any applicant. If the applicant is not an part. transportation under the terms of the individual, the application must state (5) For a Class 1 material that is special permit after the expiration date, the name, mailing address, physical forbidden for transportation by aircraft if applicable; and except under a special permit (see address(es) of all known new locations (iii) A statement describing the Columns 9A and 9B in the table in 49 not previously identified in the action(s) the applicant will take to CFR 172.101), an applicant for party application where the special permit ensure future renewal is requested status to a special permit to transport will be used and all locations not before the expiration date. such Class 1 material on passenger- previously identified where the special (8) If no operations or shipments have carrying or cargo-only aircraft with a permit was used, e-mail address (if been made since the issuance or maximum certificated takeoff weight of available), and telephone number of an renewal of the special permit, the less than 12,500 pounds must certify individual designated as the point of applicant must provide specific that no person within the categories contact for the applicant for all purposes justification as to why the special listed in 18 U.S.C. 842(i) will participate related to the application; the company permit should be renewed. in the transportation of the Class 1 Chief Executive Officer (CEO) or (b) If at least 60 days before an material. president; and the Dun and Bradstreet’s existing special permit expires the (6) The applicant must certify that the Data Universal Numbering System holder files an application for renewal applicant has not previously been (D–U–N–S) identifier. that is complete and conforms to the granted party status to the special (4) The application must include requirements of this section, the special permit. If the applicant has previously either a certification by the applicant permit will not expire until final been granted party status, the applicant that the original application, as it may administrative action on the application must follow renewal procedures as have been updated by any application for renewal has been taken. specified in § 107.109. for renewal, remains accurate (e.g. all 8. In § 107.113, revise paragraphs (a), (c) The Associate Administrator may section references, shipping (d), (f)(5), (g), and (h) to read as follows: grant or deny an application for party descriptions, etc.) and complete; or status in the manner specified in include an amendment to the previously § 107.113 Application processing and § 107.113(e) and (f) of this subpart. submitted application as is necessary to evaluation. (d) A party to a special permit is update and assure the accuracy and (a) The Associate Administrator subject to all terms of that special completeness of the application, with reviews an application for special permit, including the expiration date. If certification by the applicant that the permit, modification of special permit, a party to a special permit wishes to application as amended is accurate and party to special permit, or renewal of a renew party status, the special permit complete. special permit to determine if it is

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complete and conforms with the (5) Water Transportation: Chief, by electronic means of the final decision requirements of this subpart. This Hazardous Materials Standards with a brief statement of reasons. determination will be made within 30 Division, Office of Operating and (d) The Associate Administrator, if days of receipt of the application for Environmental Standards, U.S. Coast necessary to avoid a risk of significant special permit, modification of special Guard, U.S. Department of Homeland harm to persons or property, may in the permit, or party to special permit, and Security, Washington, DC 20593–0001; notification declare the proposed action within 15 days of receipt of an (202) 372–1426 (day); 1–800–424–8802 immediately effective. application for renewal of a special (night). 11. Revise § 107.123 to read as permit. If an application is determined * * * * * follows: to be incomplete, the applicant is 10. Revise § 107.121 to read as § 107.123 Reconsideration. informed of the reasons. follows: * * * * * (a) An applicant for special permit, a § 107.121 Modification, suspension or (d) During the processing and special permit holder, or an applicant termination of special permit or grant of for party status to a special permit may evaluation of an application, the party status. Associate Administrator may conduct request that the Associate Administrator an on-site review or request additional (a) The Associate Administrator may reconsider a decision under information from the applicant. A modify a special permit, or grant of § 107.113(g), § 107.117(e) or § 107.121(c) failure to cooperate with an on-site party status on finding that: of this part. The request must— review may result in the application (1) Modification is necessary so that (1) Be in writing or by electronic being deemed incomplete and the special permit reflects current means and filed within 20 days of subsequently being denied. If the statutes and regulations; or receipt of the decision; applicant does not respond to a written (2) Modification is required by (2) State in detail any alleged errors of or electronic request for additional changed circumstances to meet the fact and law; information within 30 days of the date standards of § 107.113(f). (3) Enclose any additional the request was received, the (b) The Associate Administrator may information needed to support the application may be deemed incomplete modify, suspend or terminate a special request to reconsider; and and denied. However, if the applicant permit or grant of party status, as (4) State in detail the modification of responds in writing or by electronic appropriate, on finding that: the final decision sought. means within the 30-day period (1) Because of a change in (b) The Associate Administrator requesting an additional 30 days within circumstances, the special permit, or grants or denies, in whole or in part, the which it will gather the requested party status no longer is needed or no relief requested and informs the information, the Associate longer would be granted if applied for; requesting person in writing or by Administrator may grant the 30-day (2) The application contained electronic means of the decision. If extension. inaccurate or incomplete information, necessary to avoid a risk of significant harm to persons or property, the * * * * * and the special permit, or party status would not have been granted had the Associate Administrator may, in the (f) * * * application been accurate and complete; notification, declare the action (5) The applicant is fit to conduct the (3) The application contained immediately effective. activity authorized by the special deliberately inaccurate or incomplete 12. In § 107.125, revise paragraphs permit. This assessment may be based information; or (a)(1) and (c) to read as follows: on information in the application, prior (4) The holder or party knowingly has compliance history of the applicant, and violated the terms of the special permit § 107.125 Appeal. other information available to the or an applicable requirement of this (a) * * * Associate Administrator. chapter, in a manner demonstrating the (1) Be in writing or by electronic * * * * * holder or party is not fit to conduct the means and filed within 30 days of (g) An applicant is notified in writing activity authorized by the special receipt of the Associate Administrator’s or by electronic means whether the permit. decision on reconsideration; (2) State in application is granted or denied. A (c) Except as provided in paragraph detail any alleged errors of fact and law; denial contains a brief statement of (d) of this section, before a special * * * * * reasons. permit, or grant of party status is (c) The Administrator grants or (h) The initial special permit modified, suspended or terminated, the denies, in whole or in part, the relief terminates according to its terms or, if Associate Administrator notifies the requested and informs the appellant in not otherwise specified, 24 months from holder or party in writing or by writing or by electronic means of the the date of issuance. A subsequent electronic means of the proposed action decision. The Administrator’s decision renewal of a special permit terminates and the reasons for it, and provides an is the final administrative action. according to its terms or, if not opportunity to show cause why the * * * * * otherwise specified, 48 months after the proposed action should not be taken. date of issuance. A grant of party status (1) Within 30 days of receipt of notice PART 171—GENERAL INFORMATION, to a special permit, unless otherwise of the proposed action, the holder or REGULATIONS, AND DEFINITIOINS stated, terminates on the date that the party may file a response in writing or special permit expires. by electronic means that shows cause 13. The authority citation for part 171 continues to read as follows: * * * * * why the proposed action should not be 9. In § 107.117, revise paragraph (d)(5) taken. Authority: 49 U.S.C. 5101–5128, 44701; 49 to read as follows: (2) After considering the holder’s or CFR 1.45 and 1.53; Pub. L. 101–410 section party’s response, or after 30 days have 4 (28 U.S.C. 2461 note); Pub. L. 104–134 § 107.117 Emergency processing. passed without response since receipt of section 31001. * * * * * the notice, the Associate Administrator 14. Revise the definition for ‘‘Special (d) * * * notifies the holder or party in writing or permit’’ to read as follows:

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§ 171.8 Definitions and abbreviations. National Fire Protection Association Hazardous Materials Safety * * * * * (NFPA) standard 498 as the Federally Administration, U.S. Department of Special permit means a document approved standard for the construction Transportation, 1200 New Jersey issued by the Associate Administrator, and maintenance of safe havens used for Avenue, SE., Washington, DC 20590– or other designated Department official, unattended storage of Division 1.1, 1.2, 0001. under the authority of 49 U.S.C. 5117 and 1.3 explosives. SUPPLEMENTARY INFORMATION: permitting a person to perform a DATES: Comments must be received by function that is not otherwise permitted September 27, 2010. I. Current Federal Requirements under subchapter A or C of this chapter, ADDRESSES: You may submit comments Applicable to Explosives Stored During or other regulations issued under 49 identified by the docket number Transportation U.S.C. 5101 et seq. (e.g., Federal Motor PHMSA–2005–22987 by any of the Carrier Safety routing requirements). following methods: A. Hazardous Materials Regulations * * * * * • Federal eRulemaking Portal: Go to (HMR), 49 CFR Parts 171–180 http://www.regulations.gov. Follow the Issued in Washington, DC, on July 19, Transportation includes the storage of online instructions for submitting 2010, under authority delegated in 49 CFR materials ‘‘incident to the[ir] comments. part 106. movement.’’ (49 U.S.C. 5102(13)). The R. Ryan Posten, • Fax: 1–202–493–2251. • HMR require hazardous materials stored Senior Director for Hazardous Materials Mail: Docket Operations, U.S. Department of Transportation, West incidental to movement to meet all Safety. applicable requirements for packaging, [FR Doc. 2010–18142 Filed 7–26–10; 8:45 am] Building, Ground Floor, Room W12– 140, Routing Symbol M–30, 1200 New hazard communication (including BILLING CODE 4910–60–P Jersey Avenue, SE., Washington, DC shipping papers and emergency 20590. response information), and handling • that apply when shipments are actually DEPARTMENT OF TRANSPORTATION Hand Delivery: To Docket Operations; Room W12–140 on the moving in transportation. The HMR Pipeline and Hazardous Materials ground floor of the West Building, 1200 include specific carrier requirements for Safety Administration New Jersey Avenue, SE., Washington, transportation of hazardous materials by DC 20590, between 9 a.m. and 5 p.m., rail, air, vessel, and highway, including 49 CFR Parts 171 and 177 Monday through Friday, except Federal requirements for loading and unloading, holidays. blocking and bracing, stowage, [Docket No. PHMSA–2005–22987 (HM–238)] Instructions: All submissions must segregation, and compatibility (49 CFR RIN 2137–AE06 include the agency name and docket parts 174, 175, 176, and 177, number for this rule. Note that all respectively). Hazardous Materials: Requirements for comments received will be posted Explosive (Class 1) materials are the Storage of Explosives During without change, including any personal among the most stringently regulated Transportation information provided. Please see the hazardous materials under the HMR. AGENCY: Pipeline and Hazardous discussion of the Privacy Act below. The HMR define a Class 1 material as Materials Safety Administration Docket: For access to the docket to any substance or article that is designed (PHMSA), DOT. read background documents and to function by explosion—that is, an comments received, go to http:// ACTION: Notice of proposed rulemaking extremely rapid release of gas or heat— www.regulations.gov at any time or to (NPRM). or one that, by chemical reaction within Room W12–140, Ground Level, itself, functions in a similar manner SUMMARY: PHMSA, in coordination with Washington, DC between 9 a.m. and 5 even if not designed to do so (49 CFR the Federal Motor Carrier Safety p.m., Monday through Friday, except 173.50(a)). Class 1 materials are divided Administration (FMCSA), is proposing Federal holidays. into six divisions depending on the to enhance existing attendance FOR FURTHER INFORMATION CONTACT: Ben degree and nature of the explosive requirements for explosives stored Supko, Office of Hazardous Materials hazard, as shown in the following table during transportation by designating the Standards, (202) 366–8553, Pipeline and (49 CFR 173.50(b)).

Division Hazard Description of hazard Examples

1.1 ...... Mass explosion hazard ...... Instantaneous explosion of virtually the entire grenades, mines, package or shipment. and nitroglycerin. 1.2 ...... Projection hazard without a mass explosion haz- Fragments projected outward at some distance rockets and war- ard. heads. 1.3 ...... Fire hazard and either a minor projection hazard Fire and possible projection of fragments out- projectiles, signal or minor blast hazard or both but not a mass ward at some distance. smoke, and trac- explosion hazard. ers for ammunition. 1.4 ...... Minor explosion hazard ...... Explosion largely confined to the package and ammunition, air- no projection of fragments of any appreciable bags, and model size or range is expected. rocket motors. 1.5 ...... Very insensitive explosive ...... Mass explosion hazard, but low probability of ini- blasting agents and tiation or detonation while in transportation. ammonia-nitrate fuel oil mixture. 1.6 ...... Extremely insensitive article ...... Negligible probability of accidental initiation or insensitive article propagation. and military.

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The HMR prohibit transportation of parts and accessories; driving Carriers Transporting Hazardous an explosive unless it has been requirements and hours of service; Materials.’’ In the ANPRM, we examined examined, classed, and approved by vehicle inspection, repair and the need for enhanced security PHMSA’s Associate Administrator for maintenance; driving and parking rules requirements for motor carrier Hazardous Materials Safety (49 CFR for the transportation of hazardous transportation of hazardous materials. 173.51). Separate provisions apply to materials; hazardous materials safety We requested comments on the issue of the transportation of new explosives for permits; and written route plans. The storage of explosives at safe havens, as examination or developmental testing, FMCSRs include requirements for well as a variety of security measures explosives approval by a foreign storage of explosives incidental to generally applicable to a broader range government, small arms cartridges, and movement. In accordance with the of hazardous materials. fireworks manufactured in accordance FMCSRs, a motor vehicle that contains B. November 16, 2005 ANPRM (HM– with APA Standard 87–1 (49 CFR Division 1.1, 1.2, or 1.3 explosives must 238) 173.56). Each approval granted by the be attended at all times, including Associate Administrator contains during incidental storage, unless the Some of the comments submitted in packaging and other transportation motor vehicle is located on the motor response to the July 16, 2002 ANPRM provisions that must be followed by a carrier’s property, the shipper or contained recommendations that the person who offers or transports the consignee’s property, or at a safe haven current requirements applicable to the explosive material. In addition to the (49 CFR 397.5). storage of explosives during specific requirements in the approval, Under the FMCSRs, a safe haven is an transportation should be reevaluated to the HMR require explosives to be area specifically approved in writing by ensure that they adequately account for marked and labeled and/or placarded to Federal, State, or local government potential safety and security risks. As a indicate the explosive hazard. authorities for the parking of unattended result, PHMSA and FMCSA initiated Explosives shipments generally must be vehicles containing Division 1.1, 1.2, this rulemaking to evaluate current accompanied by shipping papers and and 1.3 explosive materials (49 CFR standards for the storage of explosives emergency response information. The 397.5(d)(3)). The decision as to what in transportation. We published a new same requirements apply to the constitutes a safe haven is generally ANPRM on November 16, 2005 (70 FR transportation of hazardous materials made by the local authority having 69493), in which we summarized whether the materials are incidentally jurisdiction over the area. The FMCSRs government and industry standards for stored or actually moving. In addition, do not include requirements for safety explosives storage (which vary greatly any person who offers for transportation or security measures for safe havens. by mode of transportation, type of in commerce or transports in commerce In addition, the FMCSRs require any explosives, and whether the explosive is a shipment of explosives for which person who transports more than 25 kg in transportation) and requested placarding is required under the HMR (55 pounds) of a Division 1.1, 1.2, or 1.3 comments on a list of concerns must develop and implement security material or an amount of a Division 1.5 regarding the risks posed by the storage plans (49 CFR 172.800(b)). A security (explosive) material that requires of explosives while in transportation. plan must include an assessment of placarding under Subpart F of Part 172 The November 16, 2005 ANPRM is possible transportation security risks for of the HMR to hold a valid safety permit accessible through the Federal the covered shipments and appropriate (49 CFR 385.403(b)). Persons holding a eRulemaking Portal (http:// measures to address the identified risks. safety permit and transporting Division www.regulations.gov), at docket number At a minimum, a security plan must 1.1, 1.2, and 1.3 materials must prepare PHMSA–2005–22987). include measures to prevent a written route plan that meets the In the ANPRM, PHMSA solicited unauthorized access to shipments and requirements of § 397.67(d), which comments concerning measures to to address personnel and en route avoids heavily populated areas, places reduce the risks posed by the storage of security (49 CFR 172.802(a)). The en where crowds are assembled, tunnels, explosives while they are in route security element of the plan must narrow streets, or alleys. transportation and whether regulatory include measures to address the security Finally, a motor vehicle containing a action is warranted. We invited risks of the shipment while it is moving Division 1.1, 1.2, or 1.3 explosive may commenters to address issues related to from its origin to its destination, not be parked on or within five feet of security and storage of other types of including shipments stored incidental the traveled portion of a public highway high-hazard materials. In addition, the to movement (49 CFR 172.802(a)(3)). or street; on private property without ANPRM provided detailed information Thus, a facility at which a shipment the consent of the person in charge of addressing the following regulations subject to the security plan and industry standards: the property; or within 300 feet of a • requirements is stored during bridge, tunnel, dwelling, or place where United States Coast Guard transportation must itself be covered by people work or congregate unless for Requirements applicable to explosives the security plan. Security plan brief periods when parking in such storage (33 CFR Parts 101–126) • Bureau of Alcohol, Tobacco, requirements are performance-based to locations is unavoidable (49 CFR Firearms, and Explosives Regulations provide shippers and carriers with the 397.7(a)). flexibility necessary to develop a plan for explosives in commerce (27 CFR Part that addresses a person’s individual II. Previous Rulemaking Activity in 555) circumstances and operational This Matter • National Fire Protection environment. Association (NFPA) 498, ‘‘Standard for A. July 16, 2002 ANPRM (HM–232A) Safe Havens and Interchange Lots for B. Federal Motor Carrier Safety On July 16, 2002, FMCSA and Vehicles Transporting Explosives’’ Regulations (FMCSRs), 49 CFR Parts PHMSA’s predecessor agency (the (NFPA 498) 350–397 Research and Special Programs • Institute of Makers of Explosives Motor carriers that transport Administration) published an advance Safety Library Publication No. 27, hazardous materials in commerce must notice of proposed rulemaking under ‘‘Security in Manufacturing, also comply with the FMCSRs Docket HM–232A (67 FR 46622) entitled Transportation, Storage and Use of addressing driver qualifications; vehicle ‘‘Security Requirements for Motor Commercial Explosives’’

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• Surface Deployment and representative of the motor carrier that generally available because of liability Distribution Command, ‘‘SDDC Freight operates it or be parked in a safe haven. concerns. CVSA stated that DOD Traffic Rules Publication NO. 1C A safe haven is an area specifically operates safe havens for military (MFTRP NO. 1C)’’ approved in writing by Federal, State, or shipments, but that these facilities are local government authorities for the not available to commercial carriers. C. July 3, 2008 ANPRM and Public parking of unattended vehicles Meeting IME pointed out that the sensitivity of containing Division 1.1, 1.2, or 1.3 DOD munitions dictates stringent On July 3, 2008 PHMSA published a explosive materials. Except for the fact storage standards, but the same further ANPRM under this docket to re- that States select and approve locations standards would likely be excessive for open the comment period, and where safe havens can be placed, there commercial products. IME also announce a public meeting (73 FR are no specific safety standards suggested that because the explosives 38164) to provide an additional provided in the FMCSRs for safe industry has implemented a variety of opportunity for interested persons to havens. Participants at the public submit more focused comments on meeting generally noted that safe havens measures to address storage and safety issues associated with the storage are not generally available for use by attendance issues, such as dual drivers, of explosives transported by highway commercial carriers of explosives and a nationwide network of safe havens is and standards for establishing, that the State/local government not necessary. Rather, there appears to approving, and maintaining safe havens approval process can be difficult, and be a need for safe havens near port for the temporary storage of explosives supported adoption of an industry locations or transportation end points, during motor vehicle transportation. As consensus standard, such as NFPA 498. such as Seattle, Washington; Savannah, discussed above, there are currently no One solution discussed in the public Georgia; Louisville, Kentucky; anywhere minimum or uniform criteria for meeting is the incorporation by in West Virginia; and Morgan, Federal, State, or local governments to reference of an existing, widely used, Louisiana. rely on for the approval of safe havens. and accepted standard—such as NFPA ATF emphasized that the location of 498. According to public meeting a safe haven is critical to ensure both III. Comments on the July 3, 2008 participants, NFPA 498 is safety and security, noting that a facility ANPRM straightforward, designed for highway should be removed to the extent A. Public Meeting transportation, and intended to enhance possible from populated areas and FMCSA standards. The key focus of suggesting that minimum distances Representatives of the following NFPA 498 is to provide safety organizations and government agencies should be considered. In response, IME guidelines, such as vehicle inspection, recommended a risk analysis approach attended the public meeting held on five feet space between trailers, August 7, 2008 (a transcript of the for locating safe havens, using tools notification of local emergency response such as the Institute of Makers of public meeting is accessible through the of the type and quantity of materials Federal eRulemaking Portal (http:// Explosives Safety Analysis for Risk authorized, and no cutting or welding (IMESAFR) software developed by IME. www.regulations.gov): repairs, firearms, or smoking allowed. In National Volunteer Fire Council, According to IME, IMESAFR is a addition, NFPA 498 provides some very probabilistic risk assessment tool used Commercial Vehicle Safety Alliance general security requirements such as a (CVSA), to calculate risk to personnel from requirement for a security guard or explosives facilities. As detailed by IME, BNA Daily Environmental Report, surveillance equipment to protect a safe Baker Hughes Corporation, the system provides a sophisticated haven from trespassers. methodology for determining Sporting Arms and Ammunition During the meeting, CVSA noted that appropriate safety measures, because it Manufacturers Association, its 1990 report entitled ‘‘Recommended assesses the unique characteristics of a Institute of Makers of Explosives (IME), National Criteria for Establishment and particular site. DDESB suggested the use Orica, USA, Operation of Safe Havens’’ (a copy is in of a risk assessment approach that Science Applications International the docket) was the most recent effort to Corporation, catalogue safe havens in the United considers ATF quantity distances. IME Automotive Occupant Restraint Council States. In a brief summary of that report, discussed the differences between (Autoliv Inc.), CVSA stated that the approval process transportation storage and permanent Delphi Corporation, for a safe haven varied greatly between storage and suggested that while the National Fire Protection Association, States and even towns of a single State. ATF requirements for the permanent Bureau of Alcohol, Tobacco, Firearms & Further, CVSA indicated that the system storage of explosives have proven to be Explosives, Department of Justice in place at the time of the report was effective in ensuring the protection of (ATF), susceptible to arbitrary and opaque the general public, those requirements Explosives Safety Board, Department of decisions concerning the designation of may not be necessary or practical for Defense (DDESB), safe havens, with little or no provision temporary storage facilities. Office of Packaging and Transportation for public participation or comment. B. Written Comments Safety, Department of Energy, CVSA suggested that relying on State Surface Deployment and Distribution or local governments to designate and We received written comments in Command. operate safe havens has not been a response to the July 3, 2008 ANPRM Under FMCSA regulations a motor successful strategy. Instead, private from the following five entities vehicle which contains a Division 1.1, entities use their own facilities to safely (available for review through the 1.2, or 1.3 material must be attended at store explosives during transportation, Federal eRulemaking Portal (http:// all times by the driver or a qualified but do not make those facilities www.regulations.gov):

Commenter Document No.

R & R Trucking, Inc. (R & R Trucking) ...... PHMSA–2005–22987–0027

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Commenter Document No.

Surface Deployment and Distribution Command, PHMSA–2005–22987–0028 (SDDC). Sporting Arms and Ammunition Manufacturers Insti- PHMSA–2005–22987–0030 tute, Inc (SAAMI). Boyle Transportation ...... PHMSA–2005–22987–0031 Institute of Makers of Explosives (IME) ...... PHMSA–2005–22987–0032

Generally, the comments indicate that not exist and references the report delivery, thereby avoiding situations a lack of consistent regulations for the CVSA prepared as supporting where vehicles must remain on storage of explosives creates a safety documentation. highways or parked at various locations concern. However, the comments do not with unknown risk and response (2) Would a network of safe havens support a prescriptive solution that capabilities. SAAMI suggests that provide a safety benefit? could limit transportation options or existing attendance requirements should create an undue burden on a particular Boyle Transportation indicates that a be modified to allow short absences, e.g. mode of transportation. Commenters network of safe havens would provide a for fueling, eating or using a restroom. suggest that an effective approach safety benefit. IME suggests safe havens (4) Would companies use safe havens or would be one that promotes flexibility provide a benefit if they are operated in continue using driver teams? Does one and provides several storage options for accordance with risk-based performance promote safety more than the other? explosives while they are in standards and located at cargo delivery transportation. chokepoints, such as ports. R&R Boyle Transportation notes that safe As indicated above, the intention of Trucking states that safe havens would havens are not a replacement for team the July 3, 2008 ANPRM was to gather provide a safety benefit for emergency drivers since team drivers are required information from commenters to help us situations and hours-of-service relief. to provide constant attendance and make a determination regarding further SAAMI agrees that a network of safe surveillance and suggests that the use of regulatory action. The ANPRM posed havens would provide a safety benefit, team drivers promotes safety since it is several questions and solicited but notes that there are other options impractical to expect that a single driver commenter response. Below we that would obviate the need for such would always be able to reach a safe paraphrase the 18 questions asked in the network, including short distance haven without having to stop en route ANPRM, provide a summary of the hauling or the use of dual drivers. and temporarily leave the motor vehicle comments applicable to the safe SAAMI states that safe havens are unattended. IME agrees that companies transportation of explosives, and intended as one alternative to satisfy the will continue to prefer team drivers to provide our response. applicable attendance requirements for meet attendance requirements for Division 1.1, 1.2, and 1.3 explosives, but Division 1.1, 1.2, and 1.3 materials for (1) Are safe havens currently available? suggests that establishment of an How many? Where are they located? trips greater than one driver’s hours-of- extensive safe havens network for service period because teams provide Boyle Transportation indicates that routine use by commercial motor faster delivery, better use of equipment, there are no commercial safe havens carriers likely would not provide a less fuel consumption and enhanced that are available to any motor carrier or sufficient safety benefit to offset security while the vehicle is in motion transporter of explosives. Boyle associated costs. or temporarily parked at a rest stop. Transportation notes that the (3) What is the value of a rest stop for Additionally, driver teams are healthier Department of Defense (DOD) provides the vehicle and the driver? and less likely to have accidents than secure holding areas at military facilities driving alone. IME suggests that there is (some sites require attendance by Boyle Transportation states that safe a need for incidental storage locations as drivers while parked) but only for motor havens are necessary since most a buffer between shipping time, transit carriers that are transporting DOD shippers and consignees do not operate time, and delivery time. explosives shipments, and that a few 24 hours a day, seven days a week and motor carriers and explosives suggests that without a safe haven either R&R Trucking states that generally manufacturers have facilities for en route or at the destination for arrival motor carriers use a single driver for temporary parking of trailers loaded during non-working hours, even team local deliveries without a required with explosives. drivers would eventually run out of layover; for longer deliveries, whether a IME states that it has only anecdotal available hours of service when single driver or a team driver is used. information on the location and complying with 49 CFR 397.5. R&R Trucking suggests that the value of operational state of third-party safe IME and R&R Trucking note rest stops a safe haven with single or team drivers havens. IME indicates that given the enable a driver to comply with hours-of- is based on its location and availability absence of standards for these sites, this service requirements and to address and further that providing relief from information is likely not reliable, with fuel, food, rest, and other personal current attendance requirements would the exception of sites meeting DOD needs. According to IME, the main promote safety. SAAMI agrees that standards. benefit of a safe haven, given the safety motor carriers will continue to utilize R&R Trucking states that public safe and security preference for team drivers team drivers and short-haul deliveries to havens are not currently available. The of Division 1.1, 1.2, and 1.3 materials to comply with hours-of-service and safe havens utilized by R&R Trucking meet attendance requirements for long- attendance requirements. In addition, are private facilities owned and haul (greater than hours-of-service) SAAMI contends that there are operated by R&R Trucking. trips, is to serve as a buffer between significant liability issues associated Sporting Arms and Ammunition shipping time, transit time and delivery with the use of safe havens open to all Manufacturers Institute, Inc. (SAAMI) time. IME suggests that a safe haven can operators; SAAMI does not consider the indicates that safe havens generally do be used to stage vehicles prior to concept viable.

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(5) Would the adoption of standards convert existing facilities to meet NFPA No. 1C resulted because the DOD such as NFPA 498 promote the 498 requirements would be driven by standard is more than a site standard; it development of safe havens? market considerations. requires operational controls for the vehicles and drivers that carriers were Boyle Transportation answers (8) How can PHMSA improve on the unwilling or (unable) to meet. ‘‘possibly.’’ However, it indicates that safety measures provided in NFPA 498? DOD accounts for a majority of Should a regulation for safe havens According to IME, adopting NFPA explosives shipments and suggests that include aggregation limits, time limits, performance-standards would only PHMSA should work with DOD and the etc.? affect the condition of the site and could Transportation Security Administration result in fewer available safe haven sites R&R Trucking states that the NFPA rather than fewer carriers. to establish consistent transport rules 498 standard is satisfactory, but that a for explosives and criteria for safe carrier or safe haven operator should be (10) Would it be more appropriate to havens. permitted to improve on these standards align safe havens with the Surface IME indicates that to enable motor as they see fit. SAAMI suggests that a Deployment and Distribution Command carriers to meet the attendance safe haven regulation should include (SDDC) MFTRP No. 1C than a consensus requirement of 49 CFR 397.5, it supports both time and aggregation limits with standard such as NFPA 498? inclusion in the HMR of performance some flexibility for the facility to accept standards based on those contained in The commenters generally agree that vehicles that would exceed the the NFPA 498 standard is more Chapter 4 of NFPA 498 as a replacement aggregation limits if refusing entry for the current requirement for a appropriate for commercial safe havens would increase a safety risk. and note that it is the standard of choice location approved by State, local, or IME opposes per vehicle aggregation for fire marshals and fire departments Federal authorities. IME indicates that it limits, suggesting that such limits would throughout the United States. The supports providing notice to States and have the effect of putting more vehicles commenters suggest that the DOD localities that explosives will on the road, adding to congestion, standard is more stringent than required temporarily be stored at a safe haven in wasting fuel, and increasing the their jurisdiction and requiring a safe opportunity for accident or mischief. for commercial shipments and that it haven to conform with local zoning According to IME, the ability to fully would be cost prohibitive to operate a ordinances, provided such requirements load a truck means fewer trucks, fewer commercial safe haven under the would not act as de facto bans on trips, fewer miles traveled, and less MFTRP. IME suggests that in times of explosives storage in a given exposure to accidents or incidents. heightened security, DOD should open jurisdiction. IME suggests that PHMSA- Further, IME suggests that any site its military sites to commercial adopted HMR standards that are backed aggregation and/or time limits should be shipments looking for a secure harbor. by the agency’s preemption authority in flexible in terms of system-wide (11) What is the impact of eliminating 49 U.S.C. 5125 would inject a degree of impact—turning vehicles away because the requirement for safe havens to be certainty into the process and could of the aggregation limits, when they approved by Federal, State, or local encourage investment in such need a place to stop, or pushing vehicles government officials? properties. R&R Trucking agrees that out when time limits expire when they adoption of a DOT standard could cannot make a delivery will just put IME indicates that this requirement is encourage some States to designate safe vehicles on the road, adding more miles, arbitrary and subjective and havens. Similarly, SAAMI indicates that more exposure, more pressure to remove recommends that it should be replaced safe havens might expand to a limited placards, or other undesirable outcomes. (not eliminated) with performance degree, e.g., near high volume areas of IME concludes that if time/aggregation standards based on Chapter 4 of NFPA mining or ports, if the requirements for limits are established and exceeded, 498. R&R Trucking indicates that it authorization, operation and site local emergency response authorities would support a well written regulation selection were standardized and should be notified. that would allow carriers to make a suggests that performance standards sound business decision to operate safe could be added to PHMSA regulations (9) If we incorporate by reference NFPA havens; however, R&R asserts that State to aid those interested in establishing a 498 into the HMR, should we expect a and local laws should still prevail on safe haven. drop in the number of carriers similar to safe haven approval. what occurred when DOD implemented (6) Do facilities that are being used as SDDS MFTRP No. 1C? (12) Would State and local governments safe havens meet the requirements of allow the development of safe havens The commenters generally do not without prior approval? NFPA 498? expect that the number of carriers Boyle Transportation, R&R Trucking, transporting explosives would drop if Commenters are uncertain whether and SAAMI all state that some safe PHMSA adopted a safe haven standard State and local governments would havens may meet the NFPA 498 based on NFPA 498 because carriers allow the designation of safe havens standards, while others conform with primarily rely on dual drivers or short with prior approval. SAAMI suggests DOD standards, or local standards or hauls to meet attendance requirements. that even without a formal approval requirements. IME suggests that DOD- IME indicates that the only way process, State and local requirements approved safe havens exceed the PHMSA would see a drop in carriers related to zoning, building permits, and standard provided in NFPA 498. would be if a carrier relied on a ‘‘safe the like would still apply. IME haven’’ as the only means to meet recommends a number of measures to (7) Would you expect companies to attendance requirements for the provide State and local governments a convert existing facilities that meet transportation of Division 1.1, 1.2, and role in the process that would attract NFPA 498 into safe havens? 1.3 materials and the safe haven was investment in safe havens while Boyle Transportation answered ‘‘yes,’’ eliminated because the site did not meet ensuring that State or local requirements if PHMSA issues regulations that the new requirement. IME suggests that do not result in de facto bans on the incorporate NFPA 498. IME and R&R the drop in carriers that occurred with storage of explosives within a given Trucking suggest that the decision to the implementation of SDDS MFTRP jurisdiction.

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(13) Are zoning restrictions the primary indicates also that performance Transportation recommends that factor restricting the development of standards based on Chapter 4 of NFPA carriers that transport explosives should safe havens? 498 would minimize the possibility that be required to operate at least one safe All of the commenters agree that fire (accidental or intentional) would haven so that there is a safe location for zoning restrictions are not propagate from one vehicle to another shipments that may exceed temporary on the site. According to IME, fire is the insurmountable. Boyle Transportation parking limits or are frustrated due to biggest safety concern for in-transit indicates the initial investment and on- the inability of the consignee to receive explosives. going operating expenses are the the freight. primary impediments to safe havens. (16) What costs apply to the operation IME indicates that safe havens are an IME contends that local officials take a of safe havens? alternative to driver attendance. ‘‘NIMBY’’ approach to this kind of Explosives vehicles parked temporarily Commenters generally agree that the at a truck stop should be attended in investment and simply do not approve costs would include those related to the sites. IME also suggests that another accordance with current requirements, acquisition of land for the facility, and drivers should notify the truck stop factor inhibiting safe havens investment building permits and approvals, is the infrequent use of sites as opposed operator that the truck is present. IME construction, and insurance. In further states that temporary parking to other uses for such property. SAAMI addition, commenters note that notes that the primary factors are need should be permitted only for reasons of operating costs would include salaries food, fuel, and other personal needs. If and liability, and that an extensive safe and training for personnel, taxes and haven network is not generally needed. a truck stop is used as a staging facility, fees, communication, fire suppression IME recommends that it should meet SAAMI states that when there is a local materials, office supplies, account need, it may be related to the operations performance requirements based on auditing, buffer zone maintenance, and those in Chapter 4 of NFPA 498. of a particular company or group of overhead (maintenance, electricity, SAAMI indicates that in the absence companies in a high volume area. water/sewer, etc.) According to SAAMI, a company or of an extensive safe haven network, group that wishes to establish a safe (17) Would safe haven operators charge drivers must be permitted to use truck haven can calculate the cost versus a fee to carriers for allowing them to use stops for rest, fueling, and to meet benefit, estimate the risk of the their safe haven? personal needs. SAAMI recommends operations for which they are Boyle Transportation indicates that that the current attendance responsible, and work with local the primary issue would be the liability requirements should be modified to governments to obtain building permits associated with the explosives allow drivers time at a rest stop for such in an appropriate location. shipments and suggests that third-party purposes. operators would require liability (14) What emergency response needs General Comments limitations from carriers. IME must be taken into consideration when recommends that a safe haven In addition to answering the specific selecting a location for a safe haven and regulation not include restrictions or questions raised in the ANPRM, IME how should they be addressed? limits on fees that would be charged and provided additional comments. IME Commenters generally agree that suggests that the market should dictate suggests that given the intermodal emergency response needs must be the amount of any such fees. R & R nature of transportation and distances considered as part of the process for Trucking expresses concern that the traveled by some shipments, a system of designating a safe haven. R & R costs could be prohibitive. SAAMI notes safe havens, especially where explosives Trucking notes that emergency response that operators of safe havens likely are staged pending intermodal transfers, needs would vary depending on the would be private rather than would provide a useful alternative to location of the safe haven and the type government entities and would operate other forms of attendance. IME indicates and quantity of explosives authorized at a safe haven to support their own that it does not believe that the current the site. Access to the site, location of operations and not for industry at large requirement for authorizing safe local fire department, capability of the due to liability issues. havens—simply obtaining the approval local fire department, area to be of a local, State, or Federal authority— evacuated in case of a fire, and the effect (18) Is the concept of temporary parking is sufficient to ensure that safety and on the community (including traffic and (less than 4 hours) at truck stops and security precautions are in place or to businesses) in case of a fire or carrier terminals a sufficient alternative ensure that the safe haven storage emergency should be considered. to safe havens? option is not arbitrarily denied. Boyle Transportation indicates that IME expresses concern with existing (15) Are areas that house carrier temporary parking at truck stops and requirements applicable to explosives facilities (close proximity to carrier terminals is a necessity. In most storage during transportation: transportation arteries, industrial parks, instances, a long-distance truckload 1. State or local approval of safe etc.) sufficient locations for safe havens shipment will need to stop at truck havens can, on the one hand, lead to in terms of emergency response stops along the route (for example, the approval of sites without adequate capabilities? average transportation distance for DOD operational, administrative, or Boyle Transportation, R & R Trucking, explosives shipments is nearly 1,000 engineering controls, and on the other and SAAMI all indicate that it would miles). Carrier terminals are preferable hand, act as a ban when practically no depend on several factors, including: to truck stops since hazardous materials risk exists. PHMSA should revise 49 Location of carrier facilities; quantity of workers at the terminals are trained and CFR 397.5(d)(3), to include performance explosives involved; and separation familiar with the hazards of the material standards for safe havens. Requirements distances. According to the commenters being transported; also, fueling, change based on Chapter 4 of NFPA 498— each situation would need to be of drivers, and maintenance can be Standard for Safe Havens and evaluated. prioritized and accomplished in much Interchange Lots for Vehicles IME indicates that carrier facilities less time than if these activities were to Transporting Explosives, edition 2006, would be sufficient locations. IME be completed at truck stops. Boyle National Fire Protection Association

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would provide an adequate performance 2. When vehicles carrying Class 1 haven except in case of necessity or standard for safe havens. materials are parked in a safe haven, the emergency. NFPA 498 section 4.2.7. 2. There currently is no mechanism entrance to the safe haven must be 11. No vehicle transporting other under the HMR for reporting thefts or marked with this warning sign: hazardous materials may be stored in a losses. The HMR should either DANGER safe haven unless the materials being incorporate the ATF requirement on NO SMOKING transported are compatible with how to report thefts and losses at 27 NEVER FIGHT EXPLOSIVE FIRES explosives. NFPA 498 section 4.2.8. CFR 555.30(d), or adopt its own theft/ VEHICLES ON THIS SITE CONTAIN 12. Except for minor repairs, no repair loss reporting requirement. EXPLOSIVES work involving cutting or welding, 3. The requirement to have an CALL lllllllllllllll operation of the vehicle engine, or the electrical wiring may be performed on ‘‘unobstructed field of view’’ of the The sign must be weatherproof with any vehicle parked in a safe haven that vehicle being attended, set forth in reflective printing, and the letters must is carrying explosives. NFPA 498 § 397.5(b)(3), should be revised to allow be at least 2 in. high. NFPA 498 sections for either in-person or electronic sections 4.3.1.1 and 4.3.1.2. 4.1.4.1 and 4.1.4.2. 13. Except for firearms carried by law monitoring at safe havens. 3. Watch personnel must be made enforcement and security personnel IME indicates the risk assessment for aware of the explosives, corresponding where specifically authorized by the a safe haven should take into emergency response procedures, and authority having jurisdiction, smoking, consideration the probability of an NFPA 601. NFPA 498 sections 4.1.5 matches, open flames, spark-producing incident on-site (both accidental and 4.1.5.1. devices, and firearms are not permitted intentional), the consequences of such 4. A stand-by vehicle in good inside or within 50 ft (15.3 m) of the an incident, and the exposure of operating condition that is capable of safe haven, loading dock, or interchange personnel. There are many acceptable moving the explosives trailers must be lot. NFPA 498 section 4.3.2 and 4.3.3. ways in which the risk assessment kept at the safe haven. NFPA 498 14. Electric lines must not be closer could be conducted, but IME encourages section 4.1.5.2. than the length of the lines between the PHMSA to recognize the software model 5. Fire protection equipment must be poles, unless an effective means to IMESAFR (Institute of Makers of provided—to include portable fire prevent vehicles from contact with Explosives Safety Analysis for Risk; extinguishers and a dependable water broken lines is employed. NFPA498 IMESAFR was developed by IME in supply source. NFPA 498 section 4.1.6 section 4.3.4. conjunction with APT Research, Inc.) is 6. Vehicles will be inspected before 15. When any vehicle transporting a probabilistic risk assessment tool used they enter the safe haven. Any risks explosives is stored in a safe haven, at to calculate risk to personnel from (e.g., hot tires, hot wheel bearings, hot least one trained person, 21 years of age explosives facilities, as one, not the brakes, any accumulation of oil or or older, must be assigned to patrol the only, acceptable means of arriving at a grease, any defects in the electrical safe haven on a dedicated basis. Safe quantitative assessment of the risk. An system, or any apparent physical havens located on explosives advantage of quantitative assessment of damage to the vehicle that could cause manufacturing facilities or at motor risk is that it can easily be factored with or contribute to a fire) that are identified vehicle terminals must employ other other risks, options, and alternatives by the inspector must be corrected means of acceptable security such as during a system-wide assessment of before the vehicle is permitted to enter existing plant or terminal protection risk. IME believes that PHMSA should the safe haven. NFPA 498 section systems or electronic surveillance ensure that any information generated, 4.2.1.1, 4.2.1.2, and 4.2.1.3. devices. NFPA 498 section 4.4.1 and or records maintained, from risk or 7. Trailers are to be positioned in the 4.4.2. vulnerability assessments performed in safe haven with spacing of not less than 16. The safe haven operator must order to meet performance-based 5ft (1.5m) maintained in all directions maintain an active safety training standards at safe havens, be protected as between parked trailers. Additionally, program in emergency response security sensitive information pursuant trailers may not be parked in a manner procedures for all employees working at to 49 CFR 1520.7(r). (See 49 CFR 15.11). that would require their movement to the safe haven. NFPA 498 section 4.5. move another vehicle. Immediately IV. Discussion of Proposals 17. Training in accordance with 49 upon correctly positioning a loaded CFR Part 172, Subpart H is required for PHMSA continues to believe that the trailer the tractor must be disconnected employees involved with the loading, lack of Federal standards for safe havens and removed from the safe haven. NFPA shipping, or transportation of poses a safety concern. Commenters to 498 sections 4.2.2, 4.2.3, and 4.2.4. explosives. NFPA 498 section 4.5.2. this rulemaking generally support this 8. Trailers in the safe haven must be 18. The safe haven operator must view and recommend incorporation of maintained in the same condition as is notify in writing the local law NFPA 498 into the HMR. A summary required for highway transportation, enforcement, fire department, and other NFPA 498 is provided below: including placarding. NFPA 498 section emergency response agencies of the safe 1. A safe haven must be located in a 4.2.5. haven and the maximum quantity of secured area that is no closer than 300 9. Where a self-propelled vehicle Class 1 materials authorized for the safe ft (91.5m) to a bridge, tunnel, dwelling, loaded with explosives is stored in a haven. The operator must maintain building, or place where people work, safe haven it must be parked at least 25 copies of any approval documentation congregate, or assemble. The perimeter ft (7.6 m) from any other vehicles and notifications. NFPA 498 sections of the safe haven must be cleared of containing explosives, and must be in 4.6.1 and 4.6.2. weeds, underbrush, vegetation, or other operable condition, properly placarded, In this NPRM, PHMSA proposes to combustible materials for a distance of and in a position and condition where incorporate NFPA 498 into the HMR. 25 ft (7.6 m). The safe haven must be it can be moved easily in case of NFPA 498 is an accepted standard that protected from unauthorized persons by necessity or emergency. NFPA 498 imposes rigorous safety requirements on warning signs, gates, and patrols. NFPA section 4.2.6. facilities at which explosives are 498 sections 4.1.1, 4.1.2, 4.1.3, and 10. No explosives may be transferred temporarily stored during 4.1.4. from one vehicle to another in a safe transportation. The standard is tailored

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to the risks posed by commercially Office of Management and Budget have on State or local safety or transported explosives. As proposed in (OMB). This rule is not significant environmental protection programs. this NPRM, any facility that conforms to under the Regulatory Policies and State representatives participating in the the safe haven requirements specified in Procedures of the Department of public meeting expressed support for NFPA 498 would be authorized for use Transportation (44 FR 11034). the proposed incorporation of safe as a safe haven. By specifically Executive Order 12866 requires haven standards into the HMR. The identifying a standard for safe havens agencies to regulate in the ‘‘most cost- proposed rule provides an option for PHMSA is enhancing the current level effective manner,’’ to make a ‘‘reasoned safe havens to be developed and of safety. Note that nothing in this determination that the benefits of the operated based on existing safety NPRM is intended to preempt State and intended regulation justify its costs,’’ standards. It does not preempt State local zoning ordinances, building and to develop regulations that ‘‘impose requirements (e.g., State and local permits, land use restrictions, or other the least burden on society.’’ The zoning ordinances, building permits, similar requirements that may apply to incorporation of standards for safe land use restrictions, or other similar construction and operation of a safe havens into the HMR does not impose requirements). Safe haven owners must haven. significant burden on the explosive continue to follow State and local In addition, we urge safe haven industry. The adoption of existing requirements as applicable. owners to utilize available explosive standards applicable to the safe storage distancing tables or risk assessment of Division 1.1, 1.2, and 1.3 explosives D. Executive Order 13175 tools when selecting locations for safe in safe havens provides a clear and This proposed rule has been analyzed havens. Further, we encourage owners specific mechanism for the construction in accordance with the principles and to share this information with State and and maintenance of safe havens. This criteria contained in Executive Order local officials to support safe haven change would provide a Federally 13175 (‘‘Consultation and Coordination development. In all cases, owners must approved standard for safe havens in with Indian Tribal Governments’’). fully consider the risk to persons and place of the existing arbitrary Because this proposed rule does not the surrounding area from the requirement that allows for State, local, significantly or uniquely affect the explosives facility. or Federal approval of safe havens. communities of the Indian Tribal The industry, as described in the governments and does not impose V. Summary of Changes by Section ANPRM comments and during an substantial direct compliance costs, the In accordance with the comments August 7, 2008 public meeting, funding and consultation requirements received and public meeting discussion indicates that it does not rely on safe of Executive Order 13175 do not apply. this NPRM proposes the following havens for the attendance of explosives changes by section: in transportation. Generally, industry E. Regulatory Flexibility Act relies on team drivers to move Part 171 explosives shipments. In most instances The Regulatory Flexibility Act (5 Section 171.7. We propose to amend team drivers are a safe, efficient, and U.S.C. 601 et seq.) requires an agency to paragraph (a)(3) by adding a reference to cost effective means of transporting review regulations to assess their impact NFPA 498—Standard for Safe Havens explosives. The proposed changes on small entities unless the agency and Interchange Lots for Vehicles. would provide explosives carriers with determines that a rule is not expected to have a significant impact on a Part 177 an optional means of compliance; therefore, any increased compliance substantial number of small entities. Section 177.835. We propose to add a costs associated with the proposals in The proposed rule will not impose new paragraph (k) to clearly indicate this NPRM would be incurred increased compliance costs on the that Division 1.1, 1.2, and 1.3 explosives voluntarily by the explosives industry. regulated industry. Rather, the proposed may be left unattended by the carrier in Ultimately, we expect each company to rule incorporates current standards for a safe haven that meets NFPA 498. This make reasonable decisions based on its the construction and maintenance of addition would provide a clear, own business operations and future safe havens. Overall, this proposed rule consistent, and measurable Federal goals. Thus, costs incurred if a company should reduce the compliance burden requirement for the development and elects to rely on a safe haven to fulfill on the regulated industry without operation of safe havens. attendance requirements would be compromising transportation safety. Therefore, I certify that this rule will not VI. Regulatory Analyses and Notices balanced by the safety and security benefits accruing from the decision. have a significant economic impact on A. Statutory/Legal Authority for This a substantial number of small entities. Rulemaking C. Executive Order 13132 F. Executive Order 13272 and DOT This rulemaking is issued under Executive Order 13132 requires Regulatory Policies and Procedures authority of the Federal hazardous agencies to assure meaningful and materials transportation law (49 U.S.C. timely input by State and local officials This notice has been developed in 5101 et seq.), which authorizes the in the development of regulatory accordance with Executive Order 13272 Secretary of Transportation to prescribe policies that may have a substantial, (‘‘Proper Consideration of Small Entities regulations for the safe transportation, direct effect on the States, on the in Agency Rulemaking’’) and DOT’s including security, of hazardous relationship between the national procedures and policies to promote materials in interstate, intrastate, and government and the States, or on the compliance with the Regulatory foreign commerce. distribution of power and Flexibility Act to ensure that potential responsibilities among the various impacts of draft rules on small entities B. Executive Order 12866 and DOT levels of government. We invited State are properly considered. Regulatory Policies and Procedures and local governments with an interest G. Paperwork Reduction Act This proposed rule is not considered in this rulemaking to comment on the a significant regulatory action under effect that adoption of specific There are no new information section 3(f) of Executive Order 12866 requirements for carriers that transport collection requirements in this proposed and, therefore, was not reviewed by the and store explosives in commerce may rule.

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H. Regulation Identifier Number (RIN) of major Federal actions and that they Imports, Incorporation by reference, A regulation identifier number (RIN) prepare a detailed statement on actions Reporting and recordkeeping is assigned to each regulatory action significantly affecting the quality of the requirements. human environment. We requested listed in the Unified Agenda of Federal 49 CFR Part 177 Regulations. The Regulatory Information comments on the potential Service Center publishes the Unified environmental impacts of regulations Hazardous materials transportation, Agenda in April and October of each applicable to the storage of explosives Motor carriers, Radioactive materials, transported in commerce. We asked for year. The RIN contained in the heading Reporting and recordkeeping comments on specific safety and of this document can be used to cross- requirements. reference this action with the Unified security measures that would provide Agenda. greater benefit to the human In consideration of the foregoing, 49 environment, or on alternative actions CFR Chapters I and III are proposed to I. Unfunded Mandates Reform Act of the agency could take that would be amended as follows: 1995 provide beneficial impacts. No This proposed rule does not impose commenters addressed the potential PART 171—GENERAL INFORMATION, unfunded mandates, under the environmental impacts of the proposals REGULATIONS, AND DEFINITIONS Unfunded Mandates Reform Act of in the ANPRM. 1995. It does not result in costs of Safe havens promote the safe storage 1. The authority citation for part 171 $141.3 million or more to either State, of hazardous materials in transportation. continues to read as follows: local, or Tribal governments, in the Safe havens ensure that explosives are Authority: 49 U.S.C. 5101–5128, 44701; 49 aggregate, or to the private sector, and stored in a manner that protects them CFR 1.45 and 1.53; Pub. L. 101–410 section is the least burdensome alternative that from release into the environment. This 4 (28 U.S.C. 2461 note); Pub L. 104–134 achieves the objective of the rule. proposed rule does not prohibit or section 31001. J. Privacy Act promote the development of safe havens; rather, it ensures that existing 2. In § 171.7, in the paragraph (a)(3) Anyone is able to search the and future safe havens meet minimum table, under the entry ‘‘National Fire electronic form of all comments design and safety criteria. The impact Protection Association,’’ the received into any of our dockets by the on the environment if any would be a organization’s mailing address is revised name of the individual submitting the reduction in the environmental risks and the entry ‘‘NFPA 498—Standard for comment (or signing the comment, if associated with the unattended storage Safe Havens and Interchange Lots for submitted on behalf of an association, of explosives in transportation. As a business, labor union, etc.). You may Vehicles Transporting Explosives, 2006 result, we have preliminarily Edition’’ is added. review DOT’s complete Privacy Act determined that there are no significant Statement in the Federal Register environmental impacts associated with The revision and addition read as published on April 11, 2000 (Volume this proposed rule. We request comment follows: 65, Number 70; Pages 19477–78) or you on this determination. may visit http://www.dot.gov. § 171.7 Reference material. List of Subjects K. National Environmental Policy Act (a) * * * 49 CFR Part 171 The National Environmental Policy (3) Table of material incorporated by Act of 1969 (NEPA) requires Federal Exports, Hazardous materials reference. *** agencies to consider the consequences transportation, Hazardous waste,

Source and name of material 49 CFR reference

******* National Fire Protection Association, 1 Batterymarch Park, Quincy, MA, 1–617–770–3000, www.nfpa.org.

******* NFPA 498–Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives, 2006 Edition ...... 177.835

*******

PART 177—CARRIAGE BY PUBLIC (k) Attendance of Class 1 (explosive) containing Division 1.1, 1.2, or 1.3 HIGHWAY materials. Division 1.1, 1.2, or 1.3 materials. materials that are stored during Issued in Washington, DC, on July 22, 2010 3. The authority citation for part 177 transportation in commerce must be would continue to read as follows: under authority delegated in 49 CFR Part attended and afforded surveillance in 106. Authority: 49 U.S.C. 5101–5128; 49 CFR accordance with 49 CFR 397.5. An area R. Ryan Posten, 1.53. that conforms to NFPA 498 (IBR, see Senior Director for Hazardous Materials 4. In Section 177.835 a new paragraph § 171.7 of the subchapter) constitutes a Safety. (k) is added to read as follows: Federally approved safe haven for the [FR Doc. 2010–18368 Filed 7–26–10; 8:45 am] unattended storage of vehicles § 177.835 Class 1 materials. BILLING CODE 4910–60–P * * * * *

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Notices Federal Register Vol. 75, No. 143

Tuesday, July 27, 2010

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Estimated Number of Respondents: contains documents other than rules or Title: Equine Survey. 40,000. proposed rules that are applicable to the OMB Number: 0535–0227. Estimated Total Annual Burden on public. Notices of hearings and investigations, Expiration Date: 11/30/2010. Respondents: 20,000 hours. committee meetings, agency decisions and Type of Request: To revise and extend Copies of this information collection rulings, delegations of authority, filing of a currently approved information and related instructions can be obtained petitions and applications and agency collection for a period of three years. without charge from David Hancock, statements of organization and functions are Abstract: To improve information NASS Clearance Officer, at (202) 690– examples of documents appearing in this regarding the equine industry, several section. 2388. State Departments of Agriculture are Comments: Comments are invited on: expected to contract with the National (a) Whether the proposed collection of DEPARTMENT OF AGRICULTURE Agricultural Statistics Service to information is necessary for the proper conduct an Equine Survey in their State performance of the functions of the National Agricultural Statistics Service within the next 3 years. Equine agency, including whether the activities offer unusually varied information will have practical utility; Notice of Intent To Request Revision opportunities for rural development. In (b) the accuracy of the agency’s estimate and Extension of a Currently Approved addition to providing the livelihood for of the burden of the proposed collection Information Collection breeders, trainers, veterinarians, and of information including the validity of many others, the horse remains the methodology and assumptions used; AGENCY: National Agricultural Statistics important to recreation. The number of Service, USDA. (c) ways to enhance the quality, utility, operations, number of animals, and and clarity of the information to be ACTION: Notice and request for economic information will quantify the collected; and (d) ways to minimize the comments. importance of the equine industry to burden of the collection of information State economies. Income data provides SUMMARY: In accordance with the on those who are to respond, through a view of the benefits that the industry Paperwork Reduction Act of 1995, this the use of appropriate automated, provides to the State economy and a notice announces the intention of the electronic, mechanical, technological or ranking of its relative importance within National Agricultural Statistics Service other forms of information technology both the agricultural sector and the (NASS) to request revision and collection methods. State’s total economic sector. The extension of a currently approved All responses to this notice will expenditure information provides data information collection, the Equine become a matter of public record and be regarding the multiplier effect of money Survey. Revision to burden hours may summarized in the request for OMB from the equine industry, effects of approval. be needed due to changes in the size of wage rates paid to both permanent and the target population, sampling design, part-time employees, and secondary Signed at Washington, DC, July 13, 2010. and/or questionnaire length. businesses supported by the industry. Joseph T. Reilly, DATES: Comments on this notice must be Authority: These data will be Associate Administrator. received by September 27, 2010 to be collected under authority of 7 U.S.C. [FR Doc. 2010–18296 Filed 7–26–10; 8:45 am] assured of consideration. 2204(a). Individually identifiable data BILLING CODE 3410–20–P ADDRESSES: You may submit comments, collected under this authority are identified by docket number 0535–0227, governed by Section 1770 of the Food by any of the following methods: Security Act of 1985 as amended, 7 DEPARTMENT OF AGRICULTURE • E-mail: [email protected]. U.S.C. 2276, which requires USDA to Include docket number above in the afford strict confidentiality to non- Rural Utilities Service subject line of the message. aggregated data provided by Basin Electric Power Cooperative: • Fax: (202) 720–6396. respondents. This Notice is submitted in Deer Creek Station • Mail: Mail any paper, disk, or CD– accordance with the Paperwork ROM submissions to: David Hancock, Reduction Act of 1995 (Pub. L. 104–13) AGENCY: Rural Utilities Service, USDA. NASS Clearance Officer, U.S. and Office of Management and Budget ACTION: Notice of availability of record Department of Agriculture, Room 5336 regulations at 5 CFR part 1320 (60 FR of decision. South Building, 1400 Independence 44978, August 29, 1995). NASS also Avenue, SW., Washington, DC 20250– complies with OMB Implementation SUMMARY: The Rural Utilities Service, 2024. Guidance, ‘‘Implementation Guidance hereinafter referred to as RUS and/or the • Hand Delivery/Courier: Hand for Title V of the E-Government Act, Agency, has issued a Record of Decision deliver to: David Hancock, NASS Confidential Information Protection and (ROD) for the Environmental Impact Clearance Officer, U.S. Department of Statistical Efficiency Act of 2002 Statement (EIS) for the proposed Deer Agriculture, Room 5336 South Building, (CIPSEA),’’ Federal Register, Vol. 72, Creek Station Energy Facility project 1400 Independence Avenue, SW., No. 115, June 15, 2007, p. 33376. (Project) in Brookings and Deuel Washington, DC 20250–2024. Estimate of Burden: Public reporting Counties, South Dakota. The FOR FURTHER INFORMATION CONTACT: burden for this collection of information Administrator of RUS has signed the Joseph T. Reilly, Associate is estimated to average 30 minutes per ROD, which is effective upon signing. Administrator, National Agricultural response. The EIS was prepared pursuant to the Statistics Service, U.S. Department of Respondents: Horse owners, breeders, National Environmental Policy Act of Agriculture, (202) 720–4333. trainers, boarders. 1969 (NEPA) (U.S.C. 4231 et seq.) and

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in accordance with the Council on being documented in RUS’s ROD is that and its member cooperatives to higher Environmental Quality’s (CEQ) the Agency agrees to consider, subject to prices by purchasing power on the regulations for implementing the loan approval, funding the proposed volatile open electric market. The procedural provisions of NEPA (40 CFR Project at the White Site 1 location. Action Alternative at White Site 1 Parts 1500–1508), RUS’s NEPA More details regarding RUS’s regulatory would be located approximately 0.5- implementing regulations (7 CFR Part authority, rationale for the decision, and miles from the existing White 1794), and the Western Area Power compliance with applicable regulations Substation, would be further away from Administration’s (Western) NEPA are included in the ROD. Because two occupied residences, and has more implementing regulations (10 CFR Part distinct federal actions are being suitable site conditions than White Site 1021). Western was the lead federal proposed, RUS and Western decided to 2. The Action Alternative at White Site agency in preparation of the EIS as issue separate RODs. 2 would require the construction of a defined at 40 CFR 1501.5; RUS was a On February 6, 2009, Western new substation for interconnection to cooperating agency. The purpose of the published in the Federal Register a the grid, would be closer to occupied EIS was to evaluate the potential Notice of Intent to prepare an EIS for the residences, and has site conditions that environmental impacts of and proposed Project. On February 26, 2010, are less suitable for the type of alternatives to Basin Electric Power RUS published its Notice of Availability development being proposed. The Cooperative’s (Basin Electric) (NOA) of the Draft EIS for the proposed resources or environmental factors that application for a RUS loan and a Project in the Federal Register. The U.S. could be affected by the proposed Western interconnection agreement to Environmental Protection Agency Project were evaluated in detail in the construct the proposed Project. The acknowledged receipt of the Draft EIS EIS. These issues are summarized in proposed Project’s facility would on February 5, 2010, from Western. The Table ES–1: ‘‘Summary of Potential include a new natural gas-fired 45-day comment period ended on Impacts of Deer Creek Station,’’ of the combustion turbine set, a heat recovery March 22, 2010. Because few comments EIS. steam generator, and a steam turbine were received which did not result in Based on an evaluation of the generator set. the substantial modification of the information and impact analyses ADDRESSES: To obtain copies of the alternatives or the environmental presented in the EIS, including the ROD, or for further information, contact: analysis in the Draft EIS, Western and evaluation of all alternatives, and in Ms. Lauren McGee, Environmental RUS prepared an abbreviated Final EIS consideration of the Agency’s NEPA Scientist, USDA, Rural Utilities Service, to address the comments received. RUS implementing regulations, 1400 Independence Avenue, SW., Stop published its NOA of the Final EIS for Environmental Policies and Procedures, 1571, Room 2239–S, Washington, DC the proposed Project in the Federal as amended (7 CFR Part 1794), RUS 20250–1571, telephone: (202) 720–1482, Register on June 11, 2010. The U.S. finds that the evaluation of reasonable fax: (202) 690–0649, or e-mail: Environmental Protection Agency alternatives is consistent with NEPA. [email protected]. A copy of acknowledged receipt of the Final EIS The Agency has selected the Action the ROD can be viewed online at: on May 28, 2010, from Western. The 30- Alternative at White Site 1 as its http://www.usda.gov/rus/water/ees/ day waiting period ended on June 28, preferred alternative. Because the eis.htm. 2010. One comment was received; it proposed Project may involve action in was addressed in RUS’s ROD. floodplains or wetlands, this Notice also SUPPLEMENTARY INFORMATION: Basin After considering various ways to serves as a final notice of action in Electric’s proposed Project is to meet these future needs, Basin Electric floodplains and wetlands (in accordance construct, own, operate, and maintain identified construction of the proposed to Executive Orders 11988 and 11990). the Deer Creek Station Energy Facility, Project as its best course of action. This This Notice concludes RUS’s a 300 MW combined-cycle natural gas EIS considered 16 alternatives to meet compliance with NEPA and the generation facility, water pipeline, the future energy requirements of the Agency’s ‘‘Environmental Policies and transmission line, transmission eastern portion of its service area and Procedures.’’ interconnection(s), and other associated five alternative site locations. These facilities in Brookings and Deuel alternatives were evaluated in terms of Dated: July 15, 2010. counties in eastern South Dakota. The cost-effectiveness, technical feasibility, Jonathan Adelstein, purpose for the proposed Project is to and environmental factors (e.g., soils, Administrator, Rural Utilities Service. serve increased load demand for electric topography and geology, water [FR Doc. 2010–18294 Filed 7–26–10; 8:45 am] power in the eastern portion of Basin resources, air quality, biological BILLING CODE P Electric’s service area. In 2007, Basin resources, the acoustic environment, Electric prepared a forecast showing recreation, cultural and historic load and capability surpluses/deficits resources, visual resources, BROADCASTING BOARD OF through the year 2021. The forecast transportation, farmland, land use, GOVERNORS predicted that by 2014, there will be a human health and safety, the deficit of 800–900 MW for the eastern socioeconomic environment, Sunshine Act Meeting portion of its service area. The proposed environmental justice, and cumulative Project’s addition of 300 MW of effects). DATE AND TIME: Friday, July 30, 2010, 12 generation will help meet Basin The EIS analyzes in detail the No Noon–1 p.m. Electric’s future energy requirements. Action Alternative and the Action PLACE: Cohen Building, Room 3321, 330 In accordance with NEPA, the CEQ Alternative (construction of the Deer Independence Ave., SW., Washington, regulations for implementing the Creek Station Energy Facility) at two DC 20237. procedural provisions of NEPA, and separate locations: White Site 1 CLOSED MEETING: The members of the applicable agency NEPA implementing (Brookings County, T111N R48W, Broadcasting Board of Governors (BBG) regulations, Western and RUS prepared Section 25 NE Quarter) and White Site will meet in closed session to review an EIS to assess the potential 2 (Brookings County, T111N R48W, and discuss a number of issues relating environmental impacts associated with Section 2 NW Quarter). The No Action to U.S. Government-funded non- the proposed Project. The decision Alternative would expose Basin Electric military international broadcasting.

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They will address internal procedural, the necessary information to make an 14th and Constitution Avenue, NW., budgetary, and personnel issues, as well evaluation as to whether a firm qualifies Washington, DC 20230 (or via the as sensitive foreign policy issues for senior-level U.S. government (USG) Internet at [email protected]). relating to potential options in the U.S. support, in the form of attendance at an FOR FURTHER INFORMATION CONTACT: international broadcasting field. This event including witnessing the signing Request for additional information or meeting is closed because if open it of a commercial agreement (e.g., most copies of the information collection likely would either disclose matters that often a contract). instrument and instructions should be would be properly classified to be kept Affected Public: Business or other for- directed to: Robert Carrigg, Office of secret in the interest of foreign policy profit organizations. Textiles and Apparel, Room 3119, 14th under the appropriate executive order (5 Frequency: On occasion. & Constitution Avenue, NW., U.S.C. 552b.(c)(1)) or would disclose Respondent’s Obligation: Voluntary. Washington, DC 20230; Phone number: OMB Desk Officer: Wendy Liberante, information the premature disclosure of (202) 482–2573 and fax number: (202) which would be likely to significantly (202) 395–3647. Copies of the above information 482–0667. frustrate implementation of a proposed SUPPLEMENTARY INFORMATION: agency action. (5 U.S.C. 552b.(c)(9)(B)) collection proposal can be obtained by In addition, part of the discussion will calling or writing Diana Hynek, I. Abstract Departmental Paperwork Clearance relate solely to the internal personnel Title V of the Trade and Development and organizational issues of the BBG or Officer, (202) 482–0266, Department of Commerce, Room 6616, 14th and Act of 2000 (‘‘the Act’’) as amended by the International Broadcasting Bureau. the Trade Act of 2002, the (5 U.S.C. 552b.(c)(2) and (6)) Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at Miscellaneous Trade Act of 2004, the CONTACT PERSON FOR MORE INFORMATION: [email protected]). Pension Protection Act of 2006, and the Persons interested in obtaining more Written comments and Emergency Economic Stabilization Act information should contact Paul recommendations for the proposed of 2008 contains several provisions to Kollmer-Dorsey at (202) 203–4545. information collection should be sent assist the wool products industries. These include the establishment of tariff Paul Kollmer-Dorsey, within 30 days of publication of this notice to Wendy Liberante, OMB Desk rate quotas (TRQ) for a limited quantity Deputy General Counsel. of worsted wool fabrics. On December 1, [FR Doc. 2010–18479 Filed 7–23–10; 4:15 pm] Officer, FAX number (202) 395–5167 or via the Internet at 2000, the President issued Proclamation BILLING CODE 8610–01–P [email protected]. 7383 which delegated authority to the Secretary of Commerce to allocate the Dated: July 21, 2010. TRQ and to issue regulations to DEPARTMENT OF COMMERCE Gwellnar Banks, implement these provisions. On January Management Analyst, Office of the Chief 22, 2001, the Department of Commerce Submission for OMB Review; Information Officer. (DOC) published regulations Comment Request [FR Doc. 2010–18295 Filed 7–26–10; 8:45 am] establishing procedures for allocation of The Department of Commerce will BILLING CODE 3510–FP–P the tariff rate quotas (66 FR 6459, 15 submit to the Office of Management and CFR 335). Section 501(e) of the Act restricts Budget (OMB) for clearance the DEPARTMENT OF COMMERCE following proposal for collection of allocation of imports subject to the TRQ ‘‘ information under the provisions of the International Trade Administration to persons who cut and sew men’s and Paperwork Reduction Act (44 U.S.C. boys’ worsted wool suits and suit-like Chapter 35). Proposed Information Collection; jackets and trousers in the United States Agency: International Trade Comment Request; Implementation of and who apply for an allocation based Administration. Tariff Rate Quota Established Under on the amount of such suits cut and Title: U.S. Government Trade Event Title V of the Trade and Development sewn during the prior calendar year.’’ Information Request. Act of 2000 as Amended, for Imports Information must be collected each year OMB Control Number: 0625–0238. of Certain Worsted Wool from applicants to ensure they meet this Form Number(s): ITA–4136. requirement and to determine their fair Type of Request: Regular submission. AGENCY: International Trade share of the TRQ. The DOC will process Burden Hours: 200. Administration (ITA). this information and issue a license to Number of Respondents: 400. ACTION: Notice. each eligible person. The license will Average Hours per Response: 30 specify the amount of TRQ granted to SUMMARY: The Department of minutes. each licensee. The applicant shall retain Commerce, as part of its continuing Needs and Uses: Expanding U.S. records substantiating the information effort to reduce paperwork and exports is a national priority essential to provided in the TRQ license application respondent burden, invites the general improving U.S. trade performance. The for a period of 3 years; and must be public and other Federal agencies to International Trade Administration’s made available upon request by an take this opportunity to comment on (ITA) Advocacy Center marshals federal appropriate government official. resources to assist U.S. firms competing proposed and/or continuing information The Reallocation of Tariff Rate Quota for foreign government procurements collections, as required by the process states not later than September worldwide. The Advocacy Center works Paperwork Reduction Act of 1995. 30 of each TRQ year, a licensee who closely with the Trade Promotion DATES: Written comments must be will not import the full quantity granted Coordination Committee, which is submitted on or before September 27, in a license during the TRQ year shall chaired by the Secretary of Commerce 2010. surrender the allocation that will not be and includes 20 federal agencies ADDRESSES: Direct all written comments used to DOC for purposes of reallocation involved in export promotion. The to Diana Hynek, Departmental through a written or electronic notice, purpose of the U.S. Government Trade Paperwork Clearance Officer, including the license control number Event Information Request is to collect Department of Commerce, Room 6616, and the amount being surrendered. The

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surrender shall be final, and shall apply DEPARTMENT OF COMMERCE Microscope. Manufacturer: Tescan, only to that TRQ year. DOC will notify Czech Republic. Intended Use: See licensees of any amount surrendered International Trade Administration notice at 75 FR 37384, June 29, 2010. and the application period for requests National Center for Toxicological Docket Number: 10–036. Applicant: for reallocation. A licensee that Research, et al.; Notice of University of Kansas Medical Center, imported, or intends to import, a Consolidated Decision on Applications Kansas City, KS 66160. Instrument: quantity exceeding the quantity set forth for Duty-Free Entry of Electron Electron Microscope. Manufacturer: in its license may apply (state the Microscopes JEOL, Ltd., Japan. Intended Use: See maximum amount of additional notice at 75 FR 37384, June 29, 2010. allocation the applicant will be able to This is a decision consolidated Docket Number: 10–037. Applicant: use) to receive additional allocation pursuant to Section 6(c) of the University of South Dakota, Vermillion, from the amount to be reallocated. Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. SD 57069. Instrument: Electron II. Method of Collection L. 89–651, as amended by Pub. L. 106– Microscope. Manufacturer: FEI 36; 80 Stat. 897; 15 CFR part 301). Company, Czech Republic. Intended Forms are available on the Internet Related records can be viewed between Use: See notice at 75 FR 37384, June 29, and by mail to requesting firms. 8:30 a.m. and 5 p.m. in Room 3720, U.S. 2010. III. Data Department of Commerce, 14th and Docket Number: 10–040. Applicant: Constitution Avenue, NW., Washington, Illinois State University, Normal, IL OMB Control Number: 0625–0240. DC. 61790–4120. Instrument: Electron Form Number(s): ITA–4139 and ITA– Docket Number: 10–015. Applicant: Microscope. Manufacturer: FEI 4140P. National Center for Toxicological Company, Czech Republic. Intended Research, (USFDA), Jefferson, AK Type of Review: Regular submission. Use: See notice at 75 FR 37384, June 29, 72079. Instrument: Electron Microscope. 2010. Affected Public: Business or other for- Manufacturer: JEOL, Ltd., Japan. profit organizations. Intended Use: See notice at 75 FR Docket Number: 10–041. Applicant: Estimated Number of Respondents: 37384, June 29, 2010. Temple University, Philadelphia, PA 20. Docket Number: 10–023. Applicant: 19122. Instrument: Electron Microscope. University of Virginia, Charlottesville, Manufacturer: JEOL, Ltd., Japan. Estimated Time per Response: VA 22903. Instrument: Electron Intended Use: See notice at 75 FR Application process, 3 hours; and Microscope. Manufacturer: FEI 37384, June 29, 2010. reallocation request, 1 hour. Company, the Netherlands. Intended Docket Number: 10–042. Applicant: Estimated Total Annual Burden Use: See notice at 75 FR 37384, June 29, University of Arkansas for Medical Hours: 160. 2010. Sciences, Little Rock, AR 72205. Estimated Total Annual Costs: $5,400 Docket Number: 10–029. Applicant: Instrument: Electron Microscope. Argonne National Laboratory, Lemont, Manufacturer: FEI, the Netherlands. IV. Request for Comments IL 60439. Instrument: Electron Intended Use: See notice at 75 FR Microscope. Manufacturer: JEOL, Ltd., Comments are invited on (a) whether Japan. Intended Use: See notice at 75 FR 37384, June 29, 2010. the proposed collection of information 37384, June 29, 2010. Comments: None received. Decision: is necessary for the proper performance Docket Number: 10–030. Applicant: Approved. No instrument of equivalent of the functions of the agency, including University of California, Davis, CA scientific value to the foreign whether the information shall have 95616. Instrument: Electron Microscope. instrument, for such purposes as these practical utility; (b) the accuracy of the Manufacturer: Elionix Co., Ltd., Japan. instruments are intended to be used, agency’s estimate of the burden Intended Use: See notice at 75 FR was being manufactured in the United (including hours and costs) of the 37384, June 29, 2010. States at the time the instruments were proposed collection of information; (c) Docket Number: 10–031. Applicant: ordered. Reasons: Each foreign ways to enhance the quality, utility, and National Institutes of Health, Bethesda, instrument is an electron microscope clarity of the information to be MD 20892. Instrument: Electron and is intended for research or scientific collected; and (d) ways to minimize the Microscope. Manufacturer: JEOL, Ltd., educational uses requiring an electron burden of the collection of information Japan. Intended Use: See notice at 75 FR microscope. We know of no electron on respondents, including through the 37384, June 29, 2010. microscope, or any other instrument use of automated collection techniques Docket Number: 10–032. Applicant: suited to these purposes, which was Battelle Memorial Institute, Richland, or forms of information technology. being manufactured in the United States WA 99354. Instrument: Electron at the time of order of each instrument. Comments submitted in response to Microscope. Manufacturer: FEI this notice will be summarized and/or Company, the Netherlands. Intended Dated: July 21, 2010. included in the request for OMB Use: See notice at 75 FR 37384, June 29, Christopher Cassel, approval of this information collection; 2010. Director, Subsidies Enforcement Office, they also will become a matter of public Docket Number: 10–033. Applicant: Import Administration. record. Massachusetts General Hospital, [FR Doc. 2010–18390 Filed 7–26–10; 8:45 am] Charlestown, MA 02120. Instrument: Dated: July 22, 2010. BILLING CODE 3510–DS–P Gwellnar Banks, Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: See Management Analyst, Office of the Chief notice at 75 FR 37384, June 29, 2010. Information Officer. Docket Number: 10–035. Applicant: [FR Doc. 2010–18345 Filed 7–26–10; 8:45 am] University of Maine System, St., Bangor, BILLING CODE 3510–DR–P ME 04401. Instrument: Electron

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DEPARTMENT OF COMMERCE per day. The company is also expanding construction sector is rolling forward. its Master Gas System, building an NGL Saudi Arabia’s ambitious rail plans are International Trade Administration recovery plant, a new grass-roots gas fueling activity in the infrastructure plant, and enhancing capacity at an sector, with $30 billion worth of Energy and Infrastructure Mission to existing plant. While the global contracts under way or at the bidding Saudi Arabia: Third City Stop Added to recession that began in 2008 has stage. Likewise, the Saudi real estate the Trade Mission Itinerary presented new economic challenges, market is set to grow significantly over AGENCY: International Trade Saudi Arabia is pushing forward with the next four years. Saudi Arabia has the Administration, Department of many of its development projects in the largest real estate market in the Gulf Commerce. oil and gas sector. In March 2009, the Cooperation Council (GCC), with more ACTION: Notice. Saudi Arabian Ministry of Petroleum commercial (office, retail and and Mineral Resources announced plans residential) floor space than all of the Mission Description to spend approximately $60 billion on other GCC countries combined. This upstream and downstream operations impressive growth is being driven by a The United States Department of through 2014. The budget includes combination of a large and growing Commerce, International Trade allocations for 144 projects, including economy and strong demographic Administration, U.S. and Foreign 17 mega-projects (those valued at more fundamentals. Among Saudi Arabia’s Commercial Service (CS) is organizing than $1 billion), 30 large projects, 17 super-projects are as many as six an energy and infrastructure trade medium-sized projects, and 80 small ‘‘economic cities,’’ to be completed by mission to the Kingdom of Saudi schemes. the year 2020 at an initial cost of US$ Arabia, December 6–8, 2010. Led by a 87.8 billion, as part of a public-private Petrochemicals senior Department of Commerce official, partnership strategy led by the Saudi the mission to Saudi Arabia is intended Industry sources believe that more Arabian General Investment Authority to include representatives from a variety than $70 billion in petrochemical (SAGIA). The ‘‘cities’’ are expected to of U.S. energy and infrastructure projects are under development and contribute $150 billion to GDP, and to industry suppliers and service Saudi Arabia Basic Industries collectively create over 1.5 million jobs providers. The mission will introduce Corporation has $48 billion projects by 2020, as well as living space for more mission participants to end-users and planned for 2011–2020. The than 2.5 million residents. Around $6 prospective partners whose needs and development of downstream, value billion is being poured into Saudi capabilities are targeted to the added industry is a cornerstone of the Arabia’s housing sector, to respective U.S. participant’s strengths. government’s efforts to diversify the accommodate the population increase. Participating in an official U.S. industry economy away from oil and gas. The Roughly $2 billion is being spent on delegation, rather than traveling to Saudi Government aims at consolidating schools and universities. Saudi Arabia independently, will the country’s position as the leading Billions more are going toward ultra- enhance the companies’ ability to secure bulk petrochemicals commodities modern mega-commerce and tourism meetings in Saudi Arabia, especially in producer of the 21st century: as such, a projects, and the country’s strongly- light of discussions on this topic new wave of specialty petrochemical competitive industrial sector. Hundreds between the Government of Saudi products is being developed, including of new factories are to be constructed. Arabia and the U.S. Ambassador to polycarbonates, phenols, engineering All of this fastpaced construction sector Saudi Arabia. The mission will include plastics and thermoplastic olefins. activity is creating a wealth of appointments, briefings and receptions Recent projects to produce specialty investment opportunity for American in Riyadh and Dhahran, Saudi Arabia’s chemicals include the Saudi Kayan architecture, engineering, design and primary energy and infrastructure Petrochemical Company complex, construction firms. industry hubs. Trade mission which will produce the region’s first Saudi Arabia’s transport sector— participants will have the opportunity polycarbonates and phenols; the mega including road infrastructure, airports to interact with Commercial Service Ras Tanura refinery upgrade and and seaports—is also part of an (CS) specialists covering the energy and integrated petrochemicals complex, ambitious investor-friendly expansion infrastructure industries to discuss which will produce more than 300 plan. Not surprisingly, these forward- industry developments, opportunities, different products, and the third-phase looking plans are fuelling strong and sales strategies. Saudi International Petrochemical demand for a broad variety of cutting- Company (Sipchem) complex, which edge construction materials and Commercial Setting will produce synthetic fibers. The products from leading international The Saudi Arabian energy and planned expansion at Jubail Industrial suppliers. infrastructure sectors rank among the City II with around 20 petrochemical Aviation world’s most dynamic. Government and infrastructure projects worth more contracts worth approximately $140 than $21.6 billion dollars will also bring The Kingdom of Saudi Arabia is the billion have been awarded so far this various opportunities for U.S. largest economy in the region. It is also year, of which around $110 billion were petrochemical and engineering the most populous country in the Gulf for non-oil projects. U.S. goods exports companies, as well as to American U.S. Cooperation Council (GCC) and, with its to Saudi Arabia in 2008 were $12.5 manufacturers/suppliers of equipment, holy sites, is the focus of a vast market billion, up 20 percent from the previous parts, supplies, and services related to for pilgrimage and tourism that stretches year. the petrochemical industry. across the entire Arab world. The country, however is lagging behind the The Oil and Gas Sector Construction booming regional aviation industry, and Being the largest producer and At a time when some Middle Eastern the infrastructure at the country’s exporter of crude oil, Saudi Aramco, the countries are facing financial airports has become a source of concern national oil company, is augmenting difficulties, Saudi Arabia’s star is clearly to the Saudi authorities. Billions of capacity to maintain a surplus rising. With tens of billions of dollars of dollars are now being invested in the production of 1.5–2.0 million barrels projects awarded, the Saudi Kingdom’s main airports to improve the

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travel experience for the millions of • Participation in industry receptions additional firm representative (large pilgrims and tourists who enter the in Riyadh and Dhahran; firm or SME) is $500. Expenses for country each year. • Meetings with CS Saudi Arabia’s travel, lodging, most meals, and Energy and Infrastructure Trade energy and infrastructure industry incidentals will be the responsibility of Mission to Saudi Arabia offers an specialists in Riyadh and Dhahran; and each mission participant. optional one-day stop in Jeddah for • Networking receptions in two cities Energy and Infrastructure Trade companies in the aviation sector, of the trade mission. Mission to Saudi Arabia offers an planned for December 5, 2010. For Proposed Mission Timetable optional one-day stop in Jeddah for companies also traveling to Riyadh and companies in the aviation sector, Dhahran on December 6–8, additional Mission participants will be planned for December 5, 2010. For cost for the optional aviation stop in encouraged to arrive December 5, 2010 companies also traveling to Riyadh and Jeddah is $1,000 in addition to the trade and the mission program will proceed Dhahran on December 6–8, additional mission fee. For companies wishing to from December 6 through December 8, cost for the optional aviation stop in travel to Jeddah only the cost is $2,000. 2010. Jeddah is $1,000 in addition to the trade mission fee. For companies wishing to Mission Goals December 5 .. Jeddah. travel to Jeddah only the cost is $2,000. The short term goals of the energy and December 6 .. Riyadh. infrastructure trade mission to Saudi Market briefings by U.S. Em- Conditions for Participation bassy Riyadh officials. • Arabia are to (1) introduce U.S. One-on-one business match- An applicant must submit a companies to potential joint-venture making appointments. completed and signed mission partners and other industry Networking reception. application and supplemental representatives, and (2) introduce U.S. December 7 .. Dhahran. application materials, including companies to industry and government Travel to Dhahran. adequate information on the company’s officials in Saudi Arabia to learn about Market briefing by U.S. Con- products and/or services, primary various program opportunities in those sulate Dhahran officials. market objectives, and goals for industries. Networking reception. participation. If the U.S. Department of December 8 .. Dhahran. Commerce receives an incomplete Mission Scenario Meeting at Saudi Aramco. One-on-one business match- application, the Department may reject In Riyadh, the U.S. mission members making appointments. the application, request additional will be presented with a briefing by the information, or take the lack of U.S. Embassy’s Counselor for Participation Requirements information into account when Commercial Affairs, the Senior evaluating the applications. Commercial Specialist for the energy All parties interested in participating • Each applicant must also certify and infrastructure sectors and other key in the Energy and Infrastructure Trade that the products and services it seeks U.S. Government and corporate Mission to Saudi Arabia must complete to export through the mission are either officials. Participants will also take part and submit an application for produced in the United States, or, if not, in business matchmaking appointments consideration by the Department of marketed under the name of a U.S. firm with Saudi private-sector organizations. Commerce. All applicants will be and have at least fifty-one percent U.S. In addition, they will attend a evaluated on their ability to meet certain content. networking event with multipliers. In conditions and best satisfy the selection Dhahran, participants will receive a criteria as outlined below. A minimum Selection Criteria for Participation market briefing by the Senior of 10 and a maximum of 15 companies Selection will be based on the Commercial Specialist for the energy will be selected to participate in the following criteria: and infrastructure sectors at the U.S. mission from the applicant pool. U.S. • Suitability of a company’s products Consulate, and they will participate in companies already doing business in or services to the mission’s goals one-on-one business matchmaking Saudi Arabia as well as U.S. companies • Applicant’s potential for business appointments, and networking seeking to enter the market for the first in Saudi Arabia, including likelihood of activities. Energy participants will also time are encouraged to apply. exports resulting from the trade mission • Consistency of the applicant’s goals receive a briefing on market Fees and Expenses opportunities by Saudi Aramco, the and objectives with the stated scope of world’s largest oil corporation. After a company has been selected to the trade mission (as an example—be in Matchmaking efforts will involve participate on the mission, a payment to the energy and/or infrastructure sectors multipliers such as Council of Saudi the Department of Commerce in the indicated in the mission description) Chambers. U.S. participants will be form of a participation fee is required. Referrals from political organizations counseled before and after the mission The participation fee will be $3,680 for and any documents containing by domestic mission coordinator. large firms and $2,925 for a small or references to partisan political activities Participation in the mission will include medium-sized enterprise (SME)1 or (including political contributions) will the following: small organization, which will cover be removed from an applicant’s • Pre-travel briefings/webinar on one representative. The fee for each submission and not considered during subjects ranging from business practices the selection process. 1 An SME is defined as a firm with 500 or fewer in Saudi Arabia to security; Timeframe for Recruitment and • Pre-scheduled meetings with employees or that otherwise qualifies as a small business under SBA regulations (see http:// Applications potential partners, distributors, end wwwsba.gov/services/contractingopportunities/ users, or local industry contacts in sizestandardstopics/index.html). Parent companies, Mission recruitment will be Riyadh and Dhahran; affiliates, and subsidiaries will be considered when conducted in an open and public • Transportation to airports in Riyadh determining business size. The dual pricing reflects manner, including publication in the and Dhahran; the Commercial Service’s user fee schedule that Federal Register, posting on the • became effective May 1, 2008 (see http:// Meetings with Saudi Government www.export.gov/newsletter/march2008/ Commerce Department trade mission officials; initiatives.html for additional information). calendar (http://www.ita.doc.gov/

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doctm/tmcal.html) and other Internet Rimlinger, AD/CVD Operations, Office Analysis of Comments Received Web sites, press releases to general and 5, Import Administration, International All issues raised in the case briefs by trade media, direct mail, notices by Trade Administration, U.S. Department parties to this review are addressed in industry trade associations and other of Commerce, 14th Street and the ‘‘Issues and Decision Memorandum’’ multiplier groups, and publicity at Constitution Avenue, NW., Washington, from Edward C. Yang, Acting Deputy industry meetings, symposia, DC 20230; telephone (202) 482–0198 or Assistant Secretary, to Ronald K. conferences, and trade shows. (202) 482–4477, respectively. Lorentzen, Deputy Assistant Secretary, Recruitment for the mission will dated July 19, 2010 (Decision begin immediately and conclude no Background Memorandum), and hereby adopted by later than September 15, 2010. The U.S. On February 5, 2010, the Department this notice. A list of the issues which Department of Commerce will review all of Commerce (the Department) parties have raised and to which we applications immediately after the published the preliminary results of the have responded is in the Decision deadline. We will inform applicants of administrative review of the Memorandum and attached to this selection decisions as soon as possible antidumping duty order on certain notice as an Appendix. The Decision after September 15, 2010. Applications polyester staple fiber (PSF) from Memorandum, which is a public received after that date will be Taiwan. See Certain Polyester Staple document, is on file in the Department’s considered only if space and scheduling Fiber From Taiwan: Preliminary Results Central Records Unit of the main constraints permit. of Antidumping Duty Administrative Commerce building, Room 1117, and is Contacts Review, 75 FR 5964 (February 5, 2010) accessible on the Web at http:// U.S. Commercial Service Domestic (Preliminary Results). We invited trade.gov/ia. The paper copy and Contact: Sean Timmins, 202–482–1841, interested parties to comment on the electronic version of the Decision [email protected]. Preliminary Results. We received Memorandum are identical in content. U.S. Commercial Service Saudi comments from the respondent. The Ministerial Errors Arabia Contacts: Mr. Habeeb Saeed, U.S. Department has conducted this Commercial Service Riyadh, Tel: 966– administrative review in accordance In the Preliminary Results, we 1–488–3800, with section 751(a) of the Tariff Act of indicated that we had matched products [email protected]. 1930, as amended (the Act). sold in the United States with identical products sold in the home market. In Mr. Ishtiaq Hussain, U.S. Commercial Scope of the Order Service Dhahran, Tel: 966–3–330–3200, fact, in our calculation for the Preliminary Results, one product sold in [email protected]. The product covered by the order is the United States did not match to an PSF. PSF is defined as synthetic staple Natalia Susak, above-cost, contemporaneous, fibers, not carded, combed or otherwise Global Trade Programs, Commercial Service physically identical product sold in the Trade Missions Program. processed for spinning, of polyesters home market in the ordinary course of measuring 3.3 decitex (3 denier, [FR Doc. 2010–17742 Filed 7–26–10; 8:45 am] trade. Instead, from the pool of home- inclusive) or more in diameter. This BILLING CODE M market sales that passed the cost-of- merchandise is cut to lengths varying production test, we had selected for from one inch (25 mm) to five inches comparison purposes the product sold DEPARTMENT OF COMMERCE (127 mm). The merchandise subject to in the home market with the most the order may be coated, usually with a similar physical characteristics to the International Trade Administration silicon or other finish, or not coated. product sold in the United States. For PSF is generally used as stuffing in [A–583–833] this comparison, we made a differences- sleeping bags, mattresses, ski jackets, in-merchandise adjustment to normal Certain Polyester Staple Fiber From comforters, cushions, pillows, and value. Taiwan: Final Results of Antidumping furniture. Merchandise of less than 3.3 In the Preliminary Results we stated Duty Administrative Review decitex (less than 3 denier) currently erroneously that the preliminary margin classifiable in the Harmonized Tariff we had found for the respondent was AGENCY: Import Administration, Schedule of the United States (HTSUS) 2.11 percent; the correct margin International Trade Administration, at subheading 5503.20.00.20 is resulting from our preliminary Department of Commerce. specifically excluded from the order. calculations was 2.43 percent. See SUMMARY: On February 5, 2010, the Also specifically excluded from the ‘‘Certain Polyester Staple Fiber from Department of Commerce published the order are polyester staple fibers of 10 to Taiwan: Far Eastern Textile Limited preliminary results of the administrative 18 denier that are cut to lengths of 6 to Analysis Memorandum for the review of the antidumping duty order 8 inches (fibers used in the manufacture Preliminary Results of the on certain polyester staple fiber from of carpeting). In addition, low-melt PSF Administrative Review of the Taiwan. The period of review is May 1, is excluded from the order. Low-melt Antidumping Duty Order (5/1/08–4/30/ 2008, through April 30, 2009. We gave PSF is defined as a bi-component fiber 09)’’ dated February 1, 2010. interested parties an opportunity to with an outer sheath that melts at a We received no comments from comment on the preliminary results. We significantly lower temperature than its parties concerning these inadvertent received comments from Far Eastern inner core. errors in the Preliminary Results. Textile Limited. The final weighted- The merchandise subject to the order average dumping margin for Far Eastern is currently classifiable in the HTSUS at Final Results of the Review Textile Limited is listed below in the subheadings 5503.20.00.45 and We have made no changes to our ‘‘Final Results of the Review’’ section of 5503.20.00.65. Although the HTSUS calculations and, as announced in the this notice. subheadings are provided for Preliminary Results, we disregarded DATES: Effective Date: July 27, 2010. convenience and customs purposes, the sales made at prices below the cost of FOR FURTHER INFORMATION CONTACT: written description of the merchandise production in the home market when Michael A. Romani or Richard subject to the order is dispositive. determining normal value in this

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administrative review. As a result of our this review, a prior review, or the DEPARTMENT OF COMMERCE review, we determine that a weighted- original investigation but the average dumping margin of 2.43 percent manufacturer is, the cash-deposit rate United States Patent and Trademark exists for Far Eastern Textile Limited for will be the rate established for the most Office the period May 1, 2008, through April recent period for the manufacturer of [Docket No. PTO–P–2010–0067] 30, 2009. the merchandise; (4) the cash-deposit Assessment Rates rate for all other manufacturers or Interim Guidance for Determining exporters will continue to be 7.31 Subject Matter Eligibility for Process The Department shall determine and Claims in View of Bilski v. Kappos U.S. Customs and Border Protection percent, the all-others rate established (CBP) shall assess antidumping duties in Notice of Amended Final AGENCY: United States Patent and on all appropriate entries. Although Far Determination of Sales at Less Than Trademark Office, Commerce. Eastern Textile Limited indicated that it Fair Value: Certain Polyester Staple ACTION: Notice; Request for comments. was not the importer of record for any Fiber From the Republic of Korea and of its sales to the United States during Antidumping Duty Orders: Certain SUMMARY: The United States Patent and the period of review, it reported the Polyester Staple Fiber From the Trademark Office (USPTO or Office) has names of the importers of record for all Republic of Korea and Taiwan, 65 FR prepared Interim Guidance for of its U.S. sales. Because Far Eastern 33807 (May 25, 2000). These cash- Determining Subject Matter Eligibility Textile Limited also reported the deposit requirements shall remain in for Process Claims in view of Bilski v. entered value for all of its U.S. sales, we effect until further notice. Kappos (Interim Bilski Guidance) for its have calculated importer-specific personnel to use when determining assessment rates for the merchandise in Notifications subject matter eligibility under 35 U.S.C. 101 in view of the recent question by aggregating the dumping This notice serves as a final reminder margins we calculated for all U.S. sales decision by the United States Supreme to importers of their responsibility to each importer and dividing this Court (Supreme Court) in Bilski v. under 19 CFR 351.402(f)(2) to file a amount by the total entered value of Kappos, No. 08–964 (June 28, 2010). It those sales. certificate regarding the reimbursement is intended to be used by Office The Department clarified its of antidumping duties prior to personnel as a supplement to the ‘‘automatic assessment’’ regulation on liquidation of the relevant entries previously issued Interim Examination May 6, 2003. This clarification will during this review period. Failure to Instructions for Evaluating Subject apply to entries of subject merchandise comply with this requirement could Matter Eligibility Under 35 U.S.C. 101 during the period of review produced by result in the Secretary’s presumption dated August 24, 2009 (Interim Far Eastern Textile Limited for which it that reimbursement of antidumping Instructions) and the memorandum to did not know its merchandise was duties occurred and the subsequent the Patent Examining Corps on the destined for the United States. In such assessment of doubled antidumping Supreme Court Decision in Bilski v. instances, we will instruct CBP to duties. Kappos dated June 28, 2010. This guidance supersedes previous guidance liquidate unreviewed entries at the all- This notice also serves as a reminder others rate if there is no rate for the on subject matter eligibility that to parties subject to the administrative conflicts with the Interim Bilski intermediate company(ies) involved in protective order (APO) of their the transaction. For a full discussion of Guidance. Any member of the public responsibility concerning the this clarification, see Antidumping and may submit written comments on the disposition of proprietary information Countervailing Duty Proceedings: Interim Bilski Guidance. The Office is Assessment of Antidumping Duties, 68 disclosed under APO in accordance especially interested in receiving FR 23954 (May 6, 2003). with 19 CFR 351.305(a)(3). Timely comments regarding the scope and The Department intends to issue notification of the destruction of APO extent of the holding in Bilski. assessment instructions directly to CBP materials or conversion to judicial DATES: The Interim Bilski Guidance is 15 days after publication of these final protective order is hereby requested. effective July 27, 2010. This guidance results of review. Failure to comply with the regulations applies to all applications filed before, and the terms of an APO is a on or after the effective date of July 27, Cash-Deposit Requirements sanctionable violation. 2010. Comment Deadline Date: To be The following deposit requirements We are issuing and publishing these will be effective upon publication of ensured of consideration, written results and this notice in accordance this notice of final results of comments must be received on or before with sections 751(a)(1) and 777(i)(1) of administrative review for all shipments September 27, 2010. No public hearing of PSF from Taiwan entered, or the Act. will be held. withdrawn from warehouse, for Dated: July 19, 2010. ADDRESSES: Comments concerning this consumption on or after the date of Ronald K. Lorentzen. Interim Bilski Guidance should be sent publication, as provided by section Deputy Assistant Secretary for Import by electronic mail message over the 751(a)(1) of the Act: (1) The cash- Administration. Internet addressed to deposit rate for Far Eastern Textile [email protected] or facsimile Limited will be 2.43 percent; (2) for Appendix transmitted to (571) 273–0125. merchandise exported by manufacturers Comments may also be submitted by 1. Exchange Rates. or exporters not covered in this review mail addressed to: Mail Stop but covered in the original less-than- 2. Selection of Normal Value. Comments—Patents, Commissioner for fair-value investigation or previous [FR Doc. 2010–18391 Filed 7–26–10; 8:45 am] Patents, P.O. Box 1450, Alexandria, VA reviews, the cash-deposit rate will BILLING CODE 3510–DS–P 22313–1450. Although comments may continue to be the company-specific rate be submitted by facsimile or mail, the published for the most recent period; (3) Office prefers to receive comments via if the exporter is not a firm covered in the Internet.

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The comments will be available for comment period until November 9, Section III of this Interim Bilski public inspection at the Office of the 2009). Guidance provides guidance on the Commissioner for Patents, located in Members of the public are invited to abstract idea exception to subject matter Madison East, Tenth Floor, 600 Dulany review the Interim Bilski Guidance eligibility as set forth in Bilski, and Street, Alexandria, Virginia, and will be (below) and provide comments. The section IV of this Interim Bilski available via the USPTO Internet Web Office is particularly interested in Guidance provides guidance on factors site, (address: http://www.uspto.gov). receiving comments in response to the relevant to reviewing method claims for Because comments will be available for following questions: subject matter eligibility in view of public inspection, information that is 1. What are examples of claims that Bilski. To aid examiners in not desired to be made public, such as do not meet the machine-or- implementing this guidance, a summary an address or phone number, should not transformation test but nevertheless sheet of factors which may be useful for be included in the comments. remain patent-eligible because they do determining subject matter eligibility of a method claim is provided at the end FOR FURTHER INFORMATION CONTACT: not recite an abstract idea? 2. What are examples of claims that of this Interim Bilski Guidance. Caroline D. Dennison, Legal Advisor, Section V of this Interim Bilski Office of Patent Legal Administration, meet the machine-or-transformation test but nevertheless are not patent-eligible Guidance discusses how to make the Office of the Associate Commissioner determination of eligibility. To for Patent Examination Policy, by because they recite an abstract idea? 3. The decision in Bilski suggested summarize, in order for the examiner to telephone at (571) 272–7729, or by mail make a proper prima facie case of addressed to: Mail Stop Comments— that it might be possible to ‘‘defin[e] a narrower category or class of patent ineligibility, the examiner will evaluate Patents, Commissioner for Patents, P.O. the claim as a whole and weigh the Box 1450, Alexandria, VA 22313–1450, applications that claim to instruct how business should be conducted,’’ such relevant factors set forth in Bilski and marked to the attention of Caroline D. previous Supreme Court precedent and Dennison. that the category itself would be unpatentable as ‘‘an attempt to patent make a determination of compliance SUPPLEMENTARY INFORMATION: The abstract ideas.’’ Bilski slip op. at 12. Do with the subject matter eligibility prong USPTO has prepared interim guidance any such ‘‘categories’’ exist? If so, how of § 101. The Office will then consider (Interim Bilski Guidance) for its does the category itself represent an rebuttal arguments and evidence personnel to use when determining ‘‘attempt to patent abstract ideas?’’ supporting subject matter eligibility. subject matter eligibility under 35 II. Summary: The Bilski Court U.S.C. 101 in view of the recent Interim Guidance for Determining underscored that the text of § 101 is decision by the United States Supreme Subject Matter Eligibility for Process expansive, specifying four independent Court (Supreme Court) in Bilski. It is Claims in view of Bilski v. Kappos categories of inventions eligible for intended to be used by Office personnel (Interim Bilski Guidance) protection, including processes, as a supplement to the previously I. Overview: This Interim Bilski machines, manufactures, and issued Interim Examination Instructions Guidance is for determining patent- compositions of matter. See slip op. at for Evaluating Subject Matter Eligibility eligibility of process claims under 35 4 (‘‘In choosing such expansive terms Under 35 U.S.C. 101 dated August 24, U.S.C. 101 in view of the opinion by the * * * modified by the comprehensive 2009 (Interim Instructions) and the Supreme Court in Bilski v. Kappos, 561 ‘any’, Congress plainly contemplated memorandum to the Patent Examining U.S. ___ (2010), which refined the that the patent laws would be given Corps on the Supreme Court Decision in abstract idea exception to subject matter wide scope.’’) (quoting Diamond v. Bilski v. Kappos dated June 28, 2010. that is eligible for patenting. A claim to Chakrabarty, 447 U.S. 303, 308 (1980)). The Interim Bilski Guidance is based on an abstract idea is not a patent-eligible The Court also made clear that business the USPTO’s current understanding of process. methods are not ‘‘categorically outside the law and is believed to be fully This Interim Bilski Guidance provides of § 101’s scope,’’ stating that ‘‘a business consistent with the decision in Bilski, factors to consider in determining method is simply one kind of ‘method’ the binding precedent of the Supreme subject matter eligibility of method that is, at least in some circumstances, Court, the U.S. Court of Appeals for the claims in view of the abstract idea eligible for patenting under § 101.’’ Id. at Federal Circuit (Federal Circuit) and the exception. Although this guidance 10–11. Examiners are reminded that Federal Circuit’s predecessor courts. presents a change in existing § 101 is not the sole tool for determining The USPTO has also posted the Interim examination practice, it is anticipated patentability; where a claim Bilski Guidance on its Internet Web site that subject matter eligibility encompasses an abstract idea, sections (http://www.uspto.gov). determinations will not increase in 102, 103, and 112 will provide additional tools for ensuring that the Request for Comments complexity for the large majority of examiners, who do not routinely claim meets the conditions for The Office has received and encounter claims that implicate the patentability. As the Court made clear in considered the comments regarding the abstract idea exception. Bilski: Interim Instructions submitted in Under the principles of compact The § 101 patent-eligibility inquiry is only response to the Request for Comments prosecution, each claim should be a threshold test. Even if an invention on Interim Examination Instructions for reviewed for compliance with every qualifies as a process, machine, manufacture, or composition of matter, in order to receive Evaluating Patent Subject Matter statutory requirement for patentability the Patent Act’s protection the claimed Eligibility, 74 FR 47780 (Sept. 11, 2009), in the initial review of the application, invention must also satisfy ‘‘the conditions 1347 Off. Gaz. Pat. Office 110 (Oct. 13, even if one or more claims are found to and requirements of this title.’’ § 101. Those 2009). See also Additional Period for be deficient with respect to the patent- requirements include that the invention be Comments on Interim Examination eligibility requirement of 35 U.S.C. 101. novel, see § 102, nonobvious, see § 103, and Instructions for Evaluating Patent Thus, Office personnel should state all fully and particularly described, see § 112. Subject Matter Eligibility, 74 FR 52184 non-cumulative reasons and bases for Id. at 5. (Oct. 9, 2009), 1348 Off. Gaz. Pat. Office rejecting claims in the first Office Therefore, examiners should avoid 42 (Nov. 3, 2009) (extending the action. focusing on issues of patent-eligibility

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under § 101 to the detriment of Bilski reaffirmed Diehr’s holding that limitations or insignificant postsolution considering an application for ‘‘while an abstract idea, law of nature, or components, and that adding these compliance with the requirements of mathematical formula could not be limitations did not make the claims §§ 102, 103, and 112, and should avoid patented, ‘an application of a law of patent-eligible. See id. Claims 1–9 in treating an application solely on the nature or mathematical formula to a Bilski are attached as examples of claims basis of patent-eligibility under § 101 known structure or process may well be that run afoul of the abstract idea except in the most extreme cases. deserving of patent protection.’ ’’ Id. at exception. III. The Abstract Idea Exception to 14 (quoting Diamond v. Diehr, 450 U.S. The day after deciding Bilski, the Subject Matter Eligibility: There are 175, 187 (1981)) (emphasis in original). Supreme Court denied certiorari in limits on the scope of patent-eligibility. The recitation of some structure, such as Ferguson v. Kappos, U.S. Supreme In particular, the Supreme Court has a machine, or the recitation of some Court No. 09–1501, while granting, identified three specific exceptions to transformative component will in most vacating, and remanding two other § 101’s broad patent-eligibility cases limit the claim to such an Federal Circuit section 101 cases. The principles: Laws of nature, physical application. However, not all such denial of certiorari left intact the phenomena, and abstract ideas. See id. recitations necessarily save the claim: rejection of all of Ferguson’s claims. The Office has been using the so- ‘‘Flook established that limiting an Although the Federal Circuit had called ‘‘machine-or-transformation’’ test abstract idea to one field of use or applied the machine-or-transformation used by the Federal Circuit to evaluate adding token postsolution components test to reject Ferguson’s process claims, whether a method claim qualifies as a did not make the concept patentable.’’ the Supreme Court’s disposition of statutory patent-eligible process. See Id. at 15. Moreover, the fact that the Ferguson makes it likely that the Interim Examination Instructions For steps of a claim might occur in the ‘‘real Ferguson claims also run afoul of the Evaluating Subject Matter Eligibility world’’ does not necessarily save it from abstract idea exception. A representative Under 35 U.S.C. 101 dated August 24, a section 101 rejection. Thus, the Bilski Ferguson claim is: 2009 (‘‘2009 Interim Instructions’’). The claims were said to be drawn to an 1. A method of marketing a product, Supreme Court stated in Bilski that the ‘‘abstract idea’’ despite the fact that they comprising: included steps drawn to initiating machine-or-transformation test is a Developing a shared marketing force, said ‘‘useful and important clue’’ and transactions. The ‘‘abstractness’’ is in the shared marketing force including at least ‘‘investigative tool’’ for determining sense that there are no limitations as to marketing channels, which enable marketing whether some claimed methods are the mechanism for entering into the a number of related products; statutory processes, but it ‘‘is not the transactions. Using said shared marketing force to sole test for deciding whether an Consistent with the foregoing, Bilski market a plurality of different products that invention is a patent-eligible ‘process.’ ’’ holds that the following claim is are made by a plurality of different Slip op. at 8. Its primary objection was abstract: autonomous producing company [sic], so that different autonomous companies, having to the elevation of the machine-or- 1. A method for managing the consumption risk costs of a commodity different ownerships, respectively produce transformation test—which it said related products; considered to be ‘‘atextual’’—as the ‘‘sole sold by a commodity provider at a fixed Obtaining a share of total profits from each test’’ for patent-eligibility. Slip op. at 6– price comprising the steps of: of said plurality of different autonomous 8, 16. To date, no court, presented with (a) Initiating a series of transactions producing companies in return for said a subject matter eligibility issue, has between said commodity provider and using; and ever ruled that a method claim that consumers of said commodity wherein Obtaining an exclusive right to market each lacked a machine or a transformation said consumers purchase said of said plurality of products in return for said was patent-eligible. However, Bilski commodity at a fixed rate based upon using. held open the possibility that some historical averages, said fixed rate The following guidance presents claims that do not meet the machine-or- corresponding to a risk position of said factors that are to be considered when transformation test might nevertheless consumer; evaluating patent-eligibility of method be patent-eligible. (b) Identifying market participants for claims. The factors include inquiries Prior to adoption of the machine-or- said commodity having a counter-risk from the machine-or-transformation test, transformation test, the Office had used position to said consumers; and which remains a useful investigative the ‘‘abstract idea’’ exception in cases (c) Initiating a series of transactions tool, and inquiries gleaned from where a claimed ‘‘method’’ did not between said commodity provider and Supreme Court precedent. While the sufficiently recite a physical said market participants at a second Supreme Court in Bilski did not set forth instantiation. See, e.g., Ex parte Bilski, fixed rate such that said series of market detailed guidance, there are many No. 2002–2257, slip op. at 46–49 participant transactions balances the factors to be considered when (B.P.A.I. Sept. 26, 2006) (informative), risk position of said series of consumer determining whether there is sufficient http://www.uspto.gov/ip/boards/bpai/ transactions. evidence to support a determination decisions/inform/fd022257.pdf. Specifically, the Court explains: that a method claim is directed to an Following Bilski, such an approach The concept of hedging, described in claim abstract idea. The following factors are remains proper. A claim that attempts to 1 and reduced to a mathematical formula in intended to be useful examples and are patent an abstract idea is ineligible claim 4, is an unpatentable abstract idea, just not intended to be exclusive or limiting. subject matter under 35 U.S.C. 101. See like the algorithms at issue in Benson and It is recognized that new factors may be slip op. at 13 (‘‘[A]ll members of the Flook. Allowing petitioners to patent risk developed, particularly for emerging Court agree that the patent application hedging would preempt use of this approach technologies. It is anticipated that the at issue here falls outside of § 101 in all fields, and would effectively grant a factors will be modified and changed to because it claims an abstract idea.’’). The monopoly over an abstract idea. take into account developments in abstract idea exception has deep roots in Slip op. at 15. precedential case law and to the Supreme Court’s jurisprudence. See Bilski also held that the additional, accommodate prosecution issues that id. at 5 (citing Le Roy v. Tatham, 55 U.S. narrowing, limitations in the dependent may arise in implementing this new (14 How.) 156, 174–175 (1853)). claims were mere field of use practice.

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Additional guidance in the form of recited or inherent in a patent claim, the method steps. A transformation that expanded explanation and specific following factors are relevant: contributes only nominally or examples will follow in due course. (1) The particularity or generality of insignificantly to the execution of the IV. Evaluating Method Claims for the elements of the machine or claimed method (e.g., in a data gathering Eligibility: Where the claim is written in apparatus; i.e., the degree to which the step or in a field-of-use limitation) the form of a method and is potentially machine in the claim can be specifically would weigh against eligibility. a patentable process, as defined in 35 identified (not any and all machines). C. Whether performance of the U.S.C. 100(b), the claim is patent- Incorporation of a particular machine or claimed method involves an application eligible so long as it is not disqualified apparatus into the claimed method steps of a law of nature, even in the absence as one of the exceptions to § 101’s broad weighs toward eligibility. of a particular machine, apparatus, or patent-eligibility principles; i.e., laws of (2) Whether the machine or apparatus transformation. If such an application nature, physical phenomena, and implements the steps of the method. exists, the claims are less likely to be abstract ideas. Integral use of a machine or apparatus drawn to an abstract idea; if not, they Taking into account the following to achieve performance of the method are more likely to be so drawn. Where factors, the examiner should determine weighs toward eligibility, as compared such an application is present, the whether the claimed invention, viewed to where the machine or apparatus is following factors are relevant: as a whole, is disqualified as being a merely an object on which the method (1) The particularity or generality of claim to an abstract idea. Relevant operates, which weighs against the application. Application of a law of factors—both those in favor of patent- eligibility. nature having broad applicability across eligibility and those against such a (3) Whether its involvement is many fields of endeavor weighs against finding—should be weighed in making extrasolution activity or a field-of-use, eligibility, such as where the claim the determination. Factors that weigh in i.e., the extent to which (or how) the generically recites an effect of the law of favor of patent-eligibility satisfy the machine or apparatus imposes nature or claims every mode of criteria of the machine-or- meaningful limits on the execution of accomplishing that effect, such that the transformation test or provide evidence the claimed method steps. Use of a claim would monopolize a natural force that the abstract idea has been machine or apparatus that contributes or patent a scientific fact. (As an practically applied. Factors that weigh only nominally or insignificantly to the example, claiming ‘‘the use of against patent-eligibility neither satisfy execution of the claimed method (e.g., electromagnetism for transmitting the criteria of the machine-or- in a data gathering step or in a field-of- signals at a distance.’’) transformation test nor provide use limitation) would weigh against (2) Whether the claimed method evidence that the abstract idea has been eligibility. recites an application of a law of nature practically applied. Each case will B. Whether performance of the solely involving subjective present different factors, and it is likely claimed method results in or otherwise determinations; e.g., ways to think about that only some of the factors will be involves a transformation of a particular the law of nature. Application of a law present in each application. It would be article. If such a transformation exists, of nature to a particular way of thinking improper to make a conclusion based on the claims are less likely to be drawn to about, or reacting to, a law of nature one factor while ignoring other factors. an abstract idea; if not, they are more would weigh against eligibility. This additional guidance, which likely to be so drawn. Where a (3) Whether its involvement is builds upon the 2009 Interim transformation occurs, the following extrasolution activity or a field-of-use, Instructions, is a factor-based inquiry. factors are relevant: Although the following approach is a (1) The particularity or generality of i.e., the extent to which (or how) the change, it is anticipated that subject the transformation. A more particular application imposes meaningful limits matter eligibility determinations will transformation would weigh in favor of on the execution of the claimed method not increase in complexity, particularly eligibility. steps. An application of the law of for examiners who do not routinely (2) The degree to which the recited nature that contributes only nominally encounter claims that implicate the article is particular; i.e., can be or insignificantly to the execution of the abstract idea exception. Examiners will specifically identified (not any and all claimed method (e.g., in a data gathering recognize that the machine-or- articles). A transformation applied to a step or in a field-of-use limitation) transformation test set forth in Section generically recited article would weigh would weigh against eligibility. II(B) of the 2009 Interim Instructions, against eligibility. D. Whether a general concept (which although not the sole test for evaluating (3) The nature of the transformation in could also be recognized in such terms the subject matter eligibility of a method terms of the type or extent of change in as a principle, theory, plan or scheme) claim, is still pertinent in making state or thing, for instance by having a is involved in executing the steps of the determinations pursuant to the factors different function or use, which would method. The presence of such a general listed below. Examiners are referred to weigh toward eligibility, compared to concept can be a clue that the claim is the summary sheet of factors provided merely having a different location, drawn to an abstract idea. Where a at the end of this Interim Bilski which would weigh against eligibility. general concept is present, the following Guidance which may be useful in (4) The nature of the article factors are relevant: determining subject matter eligibility of transformed, i.e., whether it is an object (1) The extent to which use of the a method claim. or substance, weighing toward concept, as expressed in the method, eligibility, compared to a concept such would preempt its use in other fields; Factors To Be Considered in an Abstract as a contractual obligation or mental i.e., that the claim would effectively Idea Determination of a Method Claim judgment, which would weigh against grant a monopoly over the concept. A. Whether the method involves or is eligibility. (2) The extent to which the claim is executed by a particular machine or (5) Whether its involvement is so abstract and sweeping as to cover apparatus. If so, the claims are less extrasolution activity or a field-of-use, both known and unknown uses of the likely to be drawn to an abstract idea; i.e., the extent to which (or how) the concept, and be performed through any if not, they are more likely to be so transformation imposes meaningful existing or future-devised machinery, or drawn. Where a machine or apparatus is limits on the execution of the claimed even without any apparatus.

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(3) The extent to which the claim including utility and double patenting required under 5 U.S.C. 553(b) or any would effectively cover all possible (§ 101); novelty (§ 102); non-obviousness other law. See Cooper Techs. Co. v. solutions to a particular problem; i.e., (§ 103); and definiteness and adequate Dudas, 536 F.3d 1330, 1336–37, 87 that the claim is a statement of the description, enablement, and best mode U.S.P.Q.2d 1705, 1710 (Fed. Cir. 2008) problem versus a description of a (§ 112). Section 101 is merely a coarse (stating that 5 U.S.C. 553, and thus 35 particular solution to the problem. filter and thus a determination of U.S.C. 2(b)(2)(B), does not require notice (4) Whether the concept is eligibility under § 101 is only a and comment rule making for disembodied or whether it is threshold question for patentability. ‘‘‘interpretative rules, general statements instantiated; i.e., implemented, in some Sections 102, 103, and 112 are typically of policy, or rules of agency tangible way. Note, however, that the primary tools for evaluating organization, procedure, or practice.’’’ limiting an abstract idea to one field of patentability unless the claim is truly (quoting 5 U.S.C. 553(b)(A))). Persons use or adding token postsolution abstract, see, e.g., Bilski, slip op. at 12 submitting written comments should components does not make the concept (‘‘[S]ome business method patents raise note that the USPTO may not provide a patentable. A concept that is well- special problems in terms of vagueness ‘‘comment and response’’ analysis of instantiated weighs in favor of and suspect validity.’’). such comments as notice and an eligibility. If the factors indicate that the method opportunity for public comment are not (5) The mechanism(s) by which the claim is attempting to cover an abstract required under 5 U.S.C. 553(b) or any steps are implemented; e.g., whether the idea, the examiner will reject the claim other law. under § 101, providing clear rationale performance of the process is observable Dated: July 4, 2010. and verifiable rather than subjective or supporting the determination that an David J. Kappos, imperceptible. Steps that are observable abstract idea has been claimed, such and verifiable weigh in favor of that the examiner establishes a prima Under Secretary of Commerce for Intellectual facie case of patent-ineligibility. The Property and Director of the United States eligibility. Patent and Trademark Office. (6) Examples of general concepts conclusion made by the examiner must include, but are not limited to: be based on the evidence as a whole. In Bilski Claims • Basic economic practices or making a rejection or if presenting 1. A method for managing the consumption theories (e.g., hedging, insurance, reasons for allowance when appropriate, risk costs of a commodity sold by a financial transactions, marketing); the examiner should specifically point commodity provider at a fixed price • Basic legal theories (e.g., contracts, out the factors that are relied upon in comprising the steps of: dispute resolution, rules of law); making the determination. If a claim is (a) Initiating a series of transactions • Mathematical concepts (e.g., rejected under § 101 on the basis that it between said commodity provider and consumers of said commodity wherein said algorithms, spatial relationships, is drawn to an abstract idea, the consumers purchase said commodity at a geometry); applicant then has the opportunity to fixed rate based upon historical averages, • Mental activity (e.g., forming a explain why the claimed method is not said fixed rate corresponding to a risk judgment, observation, evaluation, or drawn to an abstract idea. Specifically position of said consumers; opinion); identifying the factors used in the (b) Identifying market participants for said • Interpersonal interactions or analysis will allow the applicant to commodity having a counter-risk position to relationships (e.g., conversing, dating); make specific arguments in response to said consumers; and • Teaching concepts (e.g., the rejection if the applicant believes (c) Initiating a series of transactions between said commodity provider and said memorization, repetition); that the conclusion that the claim is • market participants at a second fixed rate Human behavior (e.g., exercising, directed to an abstract idea is in error. such that said series of market participant wearing clothing, following rules or The Interim Bilski Guidance is for transactions balances the risk position of said instructions); examination guidance in light of the series of consumer transactions. • Instructing ‘‘how business should recent decision in Bilski. This guidance 2. The method of claim 1 wherein said be conducted,’’ Bilski, slip op. at 12. does not constitute substantive rule commodity is energy and said market V. Making the Determination of making and hence does not have the participants are transmission distributors. Eligibility: Each of the factors relevant to force and effect of law. Rejections will 3. The method of claim 2 wherein said the particular patent application should continue to be based upon the consumption risk is a weather-related price be weighed to determine whether the risk. substantive law, and it is these 4. The method of claim 3 wherein the fixed method is claiming an abstract idea by rejections that are appealable. price for the consumer transaction is covering a general concept, or Consequently, any perceived failure by determined by the relationship: combination of concepts, or whether the Office personnel to follow this guidance Fixed Bill Price = Fi + [(Ci + Ti+ LDi) × method is limited to a particular is neither appealable nor petitionable. (a + +E(Wi)] practical application of the concept. The The Interim Bilski Guidance merely wherein, presence or absence of a single factor updates USPTO examination practice F = fixed costs in period i; will not be determinative as the relevant for consistency with the USPTO’s i Ci = variable costs in period i; factors need to be considered and current understanding of the case law Ti = variable long distance transportation weighed to make a proper determination regarding patent subject matter costs in period i; as to whether the claim as a whole is eligibility under 35 U.S.C. 101 in light LDi = variable local delivery costs in drawn to an abstract idea such that the of Bilski. Therefore, the Interim Bilski period i; claim would effectively grant a Guidance relates only to interpretative E(Wi) = estimated location-specific weather monopoly over an abstract idea and be rules, general statements of policy, or indicator in period i; and a and b are constants. ineligible for patent protection. rules of agency organization, procedure, If the factors indicate that the method or practice. The USPTO is providing 5. The method of claim 4 wherein said claim is not merely covering an abstract this opportunity for public comment location-specific weather indicator is at least one of heating degree days and cooling idea, the claim is eligible for patent because the USPTO desires the benefit degree days. protection under § 101 and must be of public comment on the Interim Bilski 6. The method of claim 4 wherein said further evaluated for patentability under Guidance; however, notice and an energy provider seeks a swap receipt to cover all of the statutory requirements, opportunity for public comment are not the marginal weather-driven cost.

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7. The method of claim 4 wherein the the claim. For assistance in applying these Æ The general concept is disembodied. energy price is determined by the steps of: factors, please consult the accompanying Æ The mechanism(s) by which the steps (a) Evaluating the usage and all costs for a ‘‘Interim Guidance’’ memo and TC are implemented is subjective or prospective transaction; management. imperceptible. (b) Performing a Monte Carlo simulation Factors Weighing Toward Eligibility Notes across all transactions at all locations for a predetermined plurality of years of weather • Recitation of a machine or (1) Examples of general concepts include, patterns and establishing the payoffs from transformation (either express or inherent). but are not limited, to: each transaction under each historical Æ Machine or transformation is particular. • Basic economic practices or theories weather pattern; Æ Machine or transformation meaningfully (e.g., hedging, insurance, financial (c) Assuming that the summed payoffs are limits the execution of the steps. transactions, marketing); Æ normally distributed; Machine implements the claimed steps. • Basic legal theories (e.g., contracts, Æ (d) Performing one-tail tests to determine The article being transformed is dispute resolution, rules of law); the marginal likelihood of losing money on particular. • Mathematical concepts (e.g., algorithms, Æ the deal and the marginal likelihood of The article undergoes a change in state spatial relationships, geometry); retaining at least the design margin included or thing (e.g., objectively different function or • Mental activity (e.g., forming a judgment, use). observation, evaluation, or opinion); in the initial evaluation of the fixed bill Æ price; and The article being transformed is an • Interpersonal interactions or object or substance. relationships (e.g., conversing, dating); (e) Adjusting the margin of the fixed bill • price if the transaction as initially priced The claim is directed toward applying a • Teaching concepts (e.g., memorization, law of nature. repetition); leads to a reduced expected margin or Æ Law of nature is practically applied. • Human behavior (e.g., exercising, increases the likelihood of a loss until the Æ expected portfolio margin and the likelihood The application of the law of nature wearing clothing, following rules or of portfolio loss is acceptable. meaningfully limits the execution of the instructions); 8. The method of claim 4 wherein a cap on steps. • Instructing ‘‘how business should be • The claim is more than a mere statement the weather-influenced pricing is established conducted.’’ of a concept. by the steps of: (2) For a detailed explanation of the terms Æ The claim describes a particular solution (a) Evaluating the usage equation and all machine, transformation, article, particular, to a problem to be solved. costs for a prospective transaction; extrasolution activity, and field-of-use, please Æ The claim implements a concept in some (b) Performing a Monte Carlo simulation refer to the Interim Patent Subject Matter tangible way. across all transactions at all locations for a Eligibility Examination Instructions of Æ The performance of the steps is predetermined plurality of years of weather August 24, 2009. observable and verifiable. patterns and establishing the payoffs from (3) When making a subject matter each transaction under each historical Factors Weighing Against Eligibility eligibility determination, the relevant factors should be weighed with respect to the claim weather pattern assuming that the price in • No recitation of a machine or as a whole to evaluate whether the claim is the transaction being priced floats down transformation (either express or inherent). patent-eligible or whether the abstract idea when the weather is below normal; • Insufficient recitation of a machine or (c) Assuming that the summed payoffs are transformation. exception renders the claim ineligible. When normally distributed; Æ Involvement of machine, or it is determined that the claim is patent- (d) Performing one-tail tests to determine transformation, with the steps is merely eligible, the analysis may be concluded. In the marginal likelihood of losing money on nominally, insignificantly, or tangentially those instances where patent-eligibility the transaction and the marginal likelihood related to the performance of the steps, e.g., cannot be easily identified, every relevant of retaining at least the design margin data gathering, or merely recites a field in factor should be carefully weighed before included in the initial evaluation of the fixed which the method is intended to be applied. making a conclusion. Not every factor will be price bill; Æ Machine is generically recited such that relevant to every claim. While no factor is (e) Continuing to reprice the margin in the it covers any machine capable of performing conclusive by itself, the weight accorded transaction until the expected portfolio the claimed step(s). each factor will vary based upon the facts of margin and likelihood of portfolio loss is Æ Machine is merely an object on which the application. These factors are not acceptable; and the method operates. intended to be exclusive or exhaustive as (f) Establishing the margin as a call option Æ Transformation involves only a change there may be more pertinent factors on weather at a predetermined location. in position or location of article. depending on the particular technology of 9. The method of claim 1 wherein said Æ ‘‘Article’’ is merely a general concept (see the claim. commodity provider seeks a swap receipt to notes below). (4) Sample Form Paragraphs: cover the price risk of the consumer • The claim is not directed to an a. Based upon consideration of all of the transaction. application of a law of nature. relevant factors with respect to the claim as Æ The claim would monopolize a natural a whole, claim(s) [1] held to claim an abstract 101 Method Eligibility Quick Reference force or patent a scientific fact; e.g., by idea, and is therefore rejected as ineligible Sheet claiming every mode of producing an effect subject matter under 35 U.S.C. 101. The The factors below should be considered of that law of nature. rationale for this finding is explained below: when analyzing the claim as a whole to Æ Law of nature is applied in a merely [2] 1. In bracket 2, identify the decisive evaluate whether a method claim is directed subjective determination. factors weighing against patent-eligibility, to an abstract idea. However, not every factor Æ Law of nature is merely nominally, and explain the manner in which these will be relevant to every claim and, as such, insignificantly, or tangentially related to the factors support a conclusion of ineligibility. need not be considered in every analysis. performance of the steps. The explanation needs to be sufficient to When it is determined that the claim is • The claim is a mere statement of a establish a prima facie case of ineligibility patent-eligible, the analysis may be general concept (see notes below for under 35 U.S.C. 101. concluded. In those instances where patent- examples). b. Dependent claim(s) [1] when analyzed as eligibility cannot easily be identified, every Æ Use of the concept, as expressed in the a whole are held to be ineligible subject relevant factor should be carefully weighed method, would effectively grant a monopoly matter and are rejected under 35 U.S.C. 101 before making a conclusion. Additionally, no over the concept. because the additional recited limitation(s) factor is conclusive by itself, and the weight Æ Both known and unknown uses of the fail(s) to establish that the claim is not accorded each factor will vary based upon concept are covered, and can be performed directed to an abstract idea, as detailed the facts of the application. These factors are through any existing or future-devised below: [2] 1. In bracket 2, provide an not intended to be exclusive or exhaustive as machinery, or even without any apparatus. explanation as to why the claim is directed there may be more pertinent factors Æ The claim only states a problem to be to an abstract idea; for instance, that the depending on the particular technology of solved. additional limitations are no more than a

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field of use or merely involve insignificant Atlantic bluefin tuna, shark, and ensure that the Council’s management extrasolution activity; e.g., data gathering. swordfish fisheries, as well as options plans are minimizing adverse impacts of The explanation needs to be sufficient to for vessel monitoring systems and various Council-managed fisheries on establish a prima facie case of ineligibility recreational reporting. EFH to the extent practicable, and that under 35 U.S.C. 101. EFH-related management measures are Special Accommodations [FR Doc. 2010–18424 Filed 7–26–10; 8:45 am] integrated and optimized across all BILLING CODE 3510–16–P This meeting is physically accessible FMPs. Recommendations from the to people with disabilities. Requests for Advisory Panel will be considered by sign language interpretation or other DEPARTMENT OF COMMERCE the Habitat Committee at their meeting auxiliary aids should be directed to on August 26, 2010. As necessary, National Oceanic and Atmospheric Brian Parker at (301) 713 2347 at least representatives from the Habitat Plan Administration 7 days prior to the meeting. Development Team (PDT) will present Dated: July 22, 2010. recent PDT analyses and RIN 0648–XX81 Carrie Selberg, recommendations to inform the Advisory Panel’s discussion. If time Atlantic Highly Migratory Species; Acting Director, Office of Sustainable permits, the panel may discuss other Meeting of the Atlantic Highly Fisheries, National Marine Fisheries Service. issues. Migratory Species Advisory Panel [FR Doc. 2010–18393 Filed 7–26–10; 8:45 am] Although non-emergency issues not BILLING CODE 3510–22–S AGENCY: National Marine Fisheries contained in this agenda may come Service (NMFS), National Oceanic and before this group for discussion, those Atmospheric Administration (NOAA), DEPARTMENT OF COMMERCE issues may not be the subject of formal Commerce. action during this meeting. Action will ACTION: Notice of public meeting. National Oceanic and Atmospheric be restricted to those issues specifically Administration listed in this notice and any issues SUMMARY: NMFS will hold a 3–day arising after publication of this notice RIN 0648–XX80 Atlantic Highly Migratory Species that require emergency action under (HMS) Advisory Panel (AP) meeting in New England Fishery Management section 305(c) of the Magnuson-Stevens September 2010. The intent of the Council; Public Meeting Act, provided the public has been meeting is to consider options for the notified of the Council’s intent to take conservation and management of AGENCY: National Marine Fisheries final action to address the emergency. Atlantic HMS. The meeting is open to Service (NMFS), National Oceanic and the public. Atmospheric Administration (NOAA), Special Accommodations DATES: The AP meeting will be held on Commerce This meeting is physically accessible September 21, 2010 through September ACTION: Notice; public meeting. to people with disabilities. Requests for 23, 2010. sign language interpretation or other SUMMARY: ADDRESSES: The meeting will be held in The New England Fishery auxiliary aids should be directed to Paul Silver Spring, MD 20910. Management Council (Council) is J. Howard, Executive Director, at (978) scheduling a public meeting of its FOR FURTHER INFORMATION CONTACT: 465–0492, at least 5 days prior to the Habitat/MPA/Ecosystem Advisory Panel Brian Parker or Margo Schulze-Haugen meeting date. in August, 2010 to consider actions at 301-713-2347. affecting New England fisheries in the Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: The exclusive economic zone (EEZ). Dated: July 22, 2010. Magnuson Stevens Fishery Conservation Recommendations from this group will Tracey L. Thompson, and Management Act, 16 U.S.C. 1801 et be brought to the full Council for formal Acting Director, Office of Sustainable seq., as amended by the Sustainable consideration and action, if appropriate. Fisheries, National Marine Fisheries Service. Fisheries Act, Public Law 104 297, DATES: This meeting will be held on [FR Doc. 2010–18328 Filed 7–26–10; 8:45 am] provided for the establishment of an AP Thursday, August 12, 2010 at 9:30 a.m. BILLING CODE 3510–22–S to assist in the collection and evaluation of information relevant to the ADDRESSES: This meeting will be held at the Four Points Sheraton, 407 Squire development of any Fishery DEPARTMENT OF COMMERCE Management Plan (FMP) or FMP Road, Revere, MA 02151; telephone: amendment for HMS. NMFS consults (781) 284–7200; fax: (781) 289–3176. National Oceanic and Atmospheric Council address: New England with and considers the comments and Administration views of AP members when preparing Fishery Management Council, 50 Water and implementing FMPs or FMP Street, Mill 2, Newburyport, MA 01950. RIN 0648–XX79 amendments for Atlantic tunas, FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New New England Fishery Management swordfish, billfish, and sharks. Council; Public Meeting The AP has previously consulted with England Fishery Management Council; NMFS on: Amendment 1 to the Billfish telephone: (978) 465–0492. AGENCY: National Marine Fisheries FMP (April 1999), the HMS FMP (April SUPPLEMENTARY INFORMATION: The Service (NMFS), National Oceanic and 1999), Amendment 1 to the HMS FMP Habitat Advisory Panel will meet to Atmospheric Administration (NOAA), (December 2003), the Consolidated HMS discuss management options to Commerce. FMP (October 2006), and Amendments minimize the adverse effects of fishing ACTION: Notice; public meeting. 1, 2, and 3 to the Consolidated HMS on Essential Fish Habitat (EFH) across FMP (April and October 2008, February all Council FMPs. These management SUMMARY: The New England Fishery and September 2009, and May 2010). At options are being developed as part of Management Council (Council) is the September 2010 AP meeting, NMFS Phase 2 of Essential Fish Habitat scheduling a public meeting of its Red plans to discuss the current Omnibus Amendment 2. Broadly Crab Committee in August, 2010 to management issues related to the speaking, the purpose of Phase 2 is to consider actions affecting New England

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fisheries in the exclusive economic zone auxiliary aids should be directed to Paul where reviewers may post general (EEZ). Recommendations from this joint J. Howard, Executive Director, at (978) comments on the plan, comment on a group will be brought to the full Council 465–0492, at least 5 days prior to the particular section, as well as vote on the for formal consideration and action, if meeting date. comments posted by others. This appropriate. Authority: 16 U.S.C. 1801 et seq. method will help NWS understand which aspects of the plan deserve the DATES: This meeting will be held on Dated: July 22, 2010. Thursday, August 12, 2010 at 9 a.m. most attention in developing a final Tracey L. Thompson, ADDRESSES: version. This meeting will be held at Acting Director, Office of Sustainable the Four Points Sheraton, 407 Squire Fisheries, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: Road, Revere, MA 02151; telephone: Marie Lovern, NWS Office of the [FR Doc. 2010–18327 Filed 7–26–10; 8:45 am] (781) 284–7200; fax: (781) 289–3176. Assistant Administrator, at Council address: New England BILLING CODE 3510–22–S [email protected] or (301) 713– Fishery Management Council, 50 Water 0611 x170. Street, Mill 2, Newburyport, MA 01950. DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: You may FOR FURTHER INFORMATION CONTACT: Paul view the Plan in its entirety at: http:// J. Howard, Executive Director, New National Oceanic and Atmospheric www.weather.gov/com/stratplan. England Fishery Management Council; Administration Summary of the Plan: telephone: (978) 465–0492. The NWS has played a key role in [Docket No.: 100706289–0289–01] SUPPLEMENTARY INFORMATION: The protecting American lives and properties for over a century. The timely Committee will review the status of the National Weather Service (NWS) provision of reliable weather, water, red crab fishery and recent Strategic Plan, 2011–2020 developments in processing, marketing, climate, and environmental information and cooperative research. The AGENCY: National Weather Service, has supported the Nation’s social and Committee will also review Draft National Oceanic and Atmospheric economic development. NWS offices in Amendment 3 to the Red Crab Fishery Administration, Department of communities across the U.S. and its Management Plan, which is intended to: Commerce. territories, supported by regional and bring the Red Crab Fishery Management ACTION: Notice; request for comments. national centers, provide the Plan into compliance with Magnuson- authoritative information needed by Stevens Act requirements for annual SUMMARY: The National Weather Americans, including national, regional, catch limits and accountability Service’s (NWS) Strategic Plan (the state, tribal and local authorities, to measures; establish specifications for Plan) for 2011–2020 sets the course for plan, prepare, mitigate, and respond to fishing years 2011–13; consider changes the agency’s mission, a vision of the natural and human-caused events. NWS to the management system that respond future, the societal outcomes that NWS views a diverse and growing to industry suggestions for increasing aims to realize, and the actions the environmental information services efficiency in the fishery: replace the agency must take. The Plan establishes industry–the companies, media outlets, Target total allowable catch (TAC) and the framework to better meet the needs and others that create weather Days-at-Sea management system with a of Americans and to respond to some of programming, provide consulting hard TAC; eliminate trip limits; and the Nation’s most urgent challenges. services, and deliver information to replace the blanket prohibition on The Plan derives from NOAA’s Next American society–as a strategic partner. landing more than one tote of females Generation Strategic Plan and is the The NWS is part of the Department of per trip with a procedure that would result of a collaborative endeavor among Commerce’s National Oceanic and allow the harvest of female crab employees, NOAA and NWS Atmospheric Administration (NOAA), contingent upon Scientific and management, and private sector, an agency with a diverse mission to Statistical Committee (SSC) and Council research and operations partners. NWS understand and communicate changing approval of specifications that include a invites comments on the contents of conditions in the weather, climate, female allowable biological catch (ABC) Plan, including mission statement, oceans, and coasts, and use that and annual catch limit (ACL). vision of the future, goals, objectives, understanding to manage natural Although non-emergency issues not and strategies. resources, including managing the contained in this agenda may come DATES: The public comment period is Nation’s fisheries and supporting before this group for discussion, in open from July 27, 2010 through healthy coastal habitats and species. accordance with the Magnuson-Stevens September 6, 2010. All comments must NWS expertise in weather, water, and Fishery Conservation and Management be submitted by the close of business on climate prediction, contributes to Act (Magnuson-Stevens Act), those September 7, 2010. NOAA-wide initiatives such as air and issues may not be the subject of formal ADDRESSES: Submit comments via the water quality forecasts and ecological action during this meeting. Actions will following methods: prediction and monitoring. NOAA’s be restricted to those issues specifically • NWS Web site: (http:// commitment to science, service, and identified in this notice and any issues www.weather.gov/com/stratplan). stewardship informs society to respond arising after publication of this notice • Mail: National Oceanic and and adapt to environmental conditions that require emergency action under Atmospheric Administration, National within a changing and uncertain world. Section 305(c) of the Magnuson-Stevens Weather Service, Strategic Planning and New and evolving needs from society Act, provided the public has been Policy (W/SP), 1325 East-West Highway, call for a shift in the way NWS forecasts notified of the Council’s intent to take Room 18234, Silver Spring, Maryland and warns to provide impact-based final action to address the emergency. 20910. decision support services. This means • E-mail comments to NWS must place an increasing emphasis Special Accommodations [email protected]. on weather-related events, which This meeting is physically accessible NWS prefers that reviewers submit significantly affect people, their to people with disabilities. Requests for comments online via the NWS Web site, livelihoods and the economy. NWS sign language interpretation or other http://www.weather.gov/com/stratplan, must go beyond producing accurate

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forecasts and timely warnings to better academic communities are vital to the In order to help NWS develop its understand and anticipate the likely success of impact-based decision Strategic Plan, the NWS invites human and economic impacts of such support. NWS will develop strategies comments from the public on the events. NWS must enable users to better and commit resources to train the contents of Plan, including mission exploit NWS information to plan and workforce beyond weather, water, and statement, vision of the future, goals, take preventive actions so people climate sciences to be better objectives, and strategies. remain safe, reduce damage to their communicators and interpreters of NWS Dated: July 22, 2010. communities, businesses, and the information, and to understand the risks David Murray, environment, and maximize their and impacts of forecasts. NWS must economic productivity. recruit world-class physical scientists, Director, Management and Organization Scientific and technical Division, Office of the Chief Financial Officer, meteorologists, and hydrologists who NWS. advancements are essential enablers for have communication, social science, [FR Doc. 2010–18383 Filed 7–26–10; 8:45 am] providing impact-based decision and information technology skills, and support. Most notably, NWS is planning also recruit and partner with experts in BILLING CODE 3510–KE–P a four-dimensional environmental other disciplines: economists, database, or 4D Cube, and associated behavioral scientists, ecologists, DEPARTMENT OF COMMERCE forecaster tools that will transform oceanographers, engineers, health operations by integrating weather, experts, and the like. NWS intends to Economic Development Administration water, climate, and environmental better leverage expertise and resources observations, forecasts, and decision- of partners in the public and private Notice of Petitions by Firms for making into a network-enabled, sectors. Determination of Eligibility To Apply continuously updated ‘‘virtual’’ The NWS Strategic Plan for 2011– for Trade Adjustment Assistance repository. The result will be a common, 2010 describes the following long-term, nationally-consistent, real-time weather mutually supportive goals which AGENCY: Economic Development picture, allowing forecasters to easily contribute to outcomes for society: Administration, Department of analyze forecast challenges, monitor Æ Improve weather decision services Commerce. uncertainty, and make prognoses. The for events that threaten safety, health, forecast team will be at the center of the the environment, economic ACTION: Notice and Opportunity for information system producing and productivity, or homeland security; Public Comment. delivering information to enable Æ Deliver a broader suite of improved decisions that affect societal outcomes. water services to support management Pursuant to Section 251 of the Trade Linking social and physical sciences to of the Nation’s water supply; Act of 1974 (19 U.S.C. 2341 et seq.), the produce and communicate information Æ Enhance climate services to help Economic Development Administration will be critical to NWS success. Next communities, businesses, and (EDA) has received petitions for generation observations, Earth system governments understand and adapt to certification of eligibility to apply for models at all possible spatial and climate-related risks; Trade Adjustment Assistance from the temporal scales, and advanced Æ Improve sector-relevant firms listed below. EDA has initiated technologies will be enablers, extending information in support of economic separate investigations to determine capabilities to increasingly warn-on- productivity; whether increased imports into the forecast and to quantify forecast Æ Enable integrated environmental United States of articles like or directly uncertainty. These measures will extend services supporting healthy competitive with those produced by the window America has to prepare for communities and ecosystems; and each firm contributed importantly to the weather-related events that impact Æ Sustain a highly-skilled, total or partial separation of the firm’s society. professional workforce equipped with workers, or threat thereof, and to a The NWS and NOAA employees and the training, tools, and infrastructure to decrease in sales or production of each partners across the public, private, and meet the mission. petitioning firm.

LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT 6/25/2010 THROUGH 7/16/2010

Firm Address Date accepted Products for filing

Cadillac Tank & Fabricators, 225 W. Gerri Lane, Addison, 6/25/2010 The company is a manufacturer of metal parts for the loco- Inc. IL 60101. motive and industrial manufacturing industries. The firm manufactures brackets, pads and custom weldments. Express Scale Parts, Inc ...... 6873 Martindale Rd., Shaw- 6/29/2010 Weighing, bagging and conveying equipment systems nee, KS. Strive Development Corp. d/b/ 3100 Adora Teal Way, 6/29/2010 The firm produces machined aluminum components for the a Custom Production. Crestview, FL 32539. bicycle industry. Sun Mountain Lumber, Inc ...... P.O. Box 389, Deer Lodge, 6/29/2010 Sun Mountain Lumber manufacturers 2x4’s and 2x6’s in 6′, MT 59722. 7′, 8′ and 9′ lengths. Metal Products Co...... 300 Garfield Street, 6/30/2010 The firm produces manufactured components for OEMs McMinnville, TN 37110. using sheet metal processing equipment primarily made out of steel and aluminum. RSI Global, Inc ...... 2063 Paxton St., Harvey, LA 6/30/2010 Electronic control systems. 70058. Vita Needle Company, Inc ...... 919 Great Plain Avenue, 6/30/2010 Needles, tubes and fabricated tubes and wires, machined Needham, MA 02492. components and adaptors. National Magnetics Group, Inc 1210 Win Drive, Bethehem, 7/7/2010 The company manufactures technical ceramics and pow- PA 18017. dered iron cores.

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LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT 6/25/2010 THROUGH 7/16/2010—Continued

Firm Address Date accepted Products for filing

Manor Tool and Manufacturing 9200 Ivanhoe Street, Schiller 7/8/2010 The company is a manufacturer of custom metal components Company. Park, IL 60179. for the automotive, construction, consumer goods, commercial goods, medical, and defense industries. Pivot Punch Corporation ...... 6550 Campbell Blvd., Lock- 7/9/2010 Pivot Punch Corporation makes tooling for many industries port, NY 14094. including metal stamping, injection molders, metal extrud- ers and several types of precision component parts. Polymer Enterprises, Inc ...... 4731 Route 30, Greensburg, 7/12/2010 Polymer Enterprises, Inc., is a holding company with wholly PA 15601. owned subsidiaries that manufacture pneumatic tires and rubber parts for the tire manufacturing industry. Prime Synthesis, Inc ...... 2 New Road, Aston, PA 7/12/2010 Prime Synthesis manufactures synthetic DNA and related 19014. chemicals used in research, development, and clinical testing. SAE Circuits of Colorado, Inc, 4820 63rd Street, Suite Boul- 7/12/2010 SAE Circuits produces printed circuit boards, which are pro- der, CO 80301. duced using epoxy resin insulating layers and copper, and other conductive material, conducting layers. Ex-Cell Kaiser, LLC ...... 11240 Melrose Ave., Franklin 7/13/2010 Company is a contract manufacturer of over 200 sheet metal Park, IL 60131. products. The firm manufactures cigarette sand and wall urns, small waste receptacles, dust pans and table top ashtrays. Superior Battery Manufacturing P.O. Box 1010, Russell 7/16/2010 The firm produces lead acid batteries; primary manufacturing Co., Inc. Springs, KY 42642. materials include lead, plastic and sulfuric acid. United CoolAir Corporation ..... 491 East Princess Drive, York, 7/16/2010 The company manufactures air conditioning equipment for a PA 17403. number of applications.

Any party having a substantial SUMMARY: On April 1, 2010, the Brazil in accordance with section 751(c) interest in these proceedings may Department of Commerce (‘‘the of the Act. See Initiation of Five-Year request a public hearing on the matter. Department’’) initiated a sunset review (‘‘Sunset’’) Review, 75 FR 16437 (April 1, A written request for a hearing must be of the countervailing duty (‘‘CVD’’) order 2010). submitted to the Trade Adjustment on certain hot-rolled flat-rolled carbon- Within the deadline specified in 19 Assistance for Firms Division, Room quality steel products from Brazil, CFR 351.218(d)(1)(i), the Department D100, Economic Development pursuant to section 751(c) of the Tariff received notices of intent to participate Administration, U.S. Department of Act of 1930, as amended (‘‘the Act’’). On on behalf of United States Steel Commerce, Washington, DC 20230, no the basis of a notice of intent to Corporation, Nucor Corporation, later than ten (10) calendar days participate and an adequate substantive Gallatin Steel, SSAB N.A.D., Steel following publication of this notice. response filed on behalf of the domestic Dynamics, Inc., ArcelorMittal USA Inc. Please follow the procedures set forth interested parties and adequate (collectively ‘‘domestic interested in Section 315.9 of EDA’s final rule (71 responses from respondents and the parties’’). The domestic interested FR 56704) for procedures for requesting Government of Brazil (‘‘GOB’’), the parties claimed interested-party status a public hearing. The Catalog of Federal Department determined to conduct a as producers of subject merchandise in Domestic Assistance official program full sunset review of this CVD order the United States as defined by section number and title of the program under pursuant to section 751(c) of the Act 771(9)(C) of the Act. The Department which these petitions are submitted is and 19 CFR 351.218(e)(2). As a result of received substantive responses from the 11.313, Trade Adjustment Assistance. our analysis, the Department domestic interested parties within the Dated: July 21, 2010. preliminarily finds that revocation of deadline specified in 19 CFR Miriam J. Kearse, the CVD order would likely lead to 351.218(d)(3)(i). The Department also continuance or recurrence of a Eligibility Certifier, Trade Adjustment received substantive responses in a Assistance for Firms Division. countervailable subsidy. timely manner from the following DATES: [FR Doc. 2010–18333 Filed 7–26–10; 8:45 am] Effective Date: July 27, 2010. respondent interested parties: the GOB, BILLING CODE 3510–24–P FOR FURTHER INFORMATION CONTACT: Usinas Siderugicas de Minas Gerais and Jacqueline Arrowsmith or Milton Koch, Companhia Siderugica Paulista AD/CVD Operations, Import (‘‘USIMINAS/COSIPA’’) and Companhia DEPARTMENT OF COMMERCE Administration, International Trade Siderugica Nacional (‘‘CSN’’). On May Administration, U.S. Department of 21, 2010, after analyzing the International Trade Administration Commerce, 14th Street and Constitution submissions and rebuttals from Avenue, NW., Washington, DC 20230; interested parties and finding the [C–351–829] telephone: (202) 482–5255 or (202) 482– substantive response adequate, the Certain Hot-Rolled Flat-Rolled Carbon- 2584, respectively. Department determined to conduct a Quality Steel Products from Brazil: SUPPLEMENTARY INFORMATION: full sunset review. See Memorandum from Jacqueline Arrowsmith, Trade Preliminary Results of Full Sunset Background Review Compliance Analyst, to Barbara On April 1, 2010 the Department Tillman, Office 6 Director re: Adequacy AGENCY: Import Administration, initiated the second sunset review of the Determination in Countervailing Duty International Trade Administration, countervailing duty order on hot-rolled Sunset Review Of Hot-Rolled Carbon, Department of Commerce. carbon-quality steel flat products from Steel Flat Products from Brazil—Second

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Countervailing Duty Review (2005 recognized as low carbon steels with 0.10 percent of niobium, or through 2009) (May 21, 2010). micro-alloying levels of elements such 0.41 percent of titanium, or as titanium and/or niobium added to 0.15 percent of vanadium, or Scope of the Order stabilize carbon and nitrogen elements. 0.15 percent of zirconium. The products covered by the CVD HSLA steels are recognized as steels All products that meet the physical order are certain hot-rolled flat-rolled with micro-alloying levels of elements and chemical description provided carbon-quality steel products of a such as chromium, copper, niobium, above are within the scope of the order rectangular shape, of a width of 0.5 inch titanium, vanadium, and molybdenum. unless otherwise excluded. The or greater, neither clad, plated, nor The substrate for motor lamination following products, by way of example, coated with metal and whether or not steels contains micro-alloying levels of are outside and/or specifically excluded painted, varnished, or coated with elements such as silicon and aluminum. from the scope of the order: plastics or other non-metallic Steel products to be included in the • Alloy hot-rolled steel products in substances, in coils (whether or not in scope of the order, regardless of which at least one of the chemical successively superimposed layers) Harmonized Tariff Schedule of the elements exceeds those listed above regardless of thickness, and in straight United States (‘‘HTSUS’’) definitions, are (including e.g., ASTM specifications lengths, of a thickness less than 4.75 products in which: 1) iron A543, A387, A514, A517, and A506). mm and of a width measuring at least predominates, by weight, over each of • SAE/AISI grades of series 2300 and 10 times the thickness. Universal mill the other contained elements; 2) the higher. plate (i.e., flat-rolled products rolled on carbon content is 2 percent or less, by • Ball bearing steels, as defined in the four faces or in a closed box pass, of a weight; and 3) none of the elements HTSUS. width exceeding 150 mm, but not listed below exceeds the quantity, by • Tool steels, as defined in the exceeding 1,250 mm and of a thickness weight, respectively indicated: HTSUS. of not less than 4 mm, not in coils and 1.80 percent of manganese, or • Silico-manganese (as defined in the without patterns in relief) of a thickness 1.50 percent of silicon, or HTSUS) or silicon electrical steel with not less than 4.0 mm is not included 1.00 percent of copper, or a silicon level exceeding 1.50 percent. within the scope of the order. 0.50 percent of aluminum, or • 1.25 percent of chromium, or ASTM specifications A710 and Specifically included in the scope are A736. 0.30 percent of cobalt, or • vacuum degassed, fully stabilized 0.40 percent of lead, or USS Abrasion-resistant steels (USS (commonly referred to as interstitial-free 1.25 percent of nickel, or AR 400, USS AR 500). (‘‘IF’’)) steels, high strength low alloy 0.30 percent of tungsten, or • Hot-rolled steel coil which meets (‘‘HSLA’’) steels, and the substrate for 0.012 percent of boron, or the following chemical, physical and motor lamination steels. IF steels are 0.10 percent of molybdenum, or mechanical specifications:

C Mn P S Si Cr Cu Ni

0.10–0.14% ...... 0.90% Max ...... 0.025% Max .... 0.005% Max .... 0.30–0.50% ..... 0.50–0.70% ..... 0.20–0.40% ..... 0.20% Max

Width = 44.80 inches maximum; Strength = 50,000 ksi minimum; Tensile • Hot-rolled steel coil which meets Thickness = 0.063–0.198 inches; Yield Strength = 70,000–88,000 psi. the following chemical, physical and mechanical specifications:

C Mn P S Si Cr Cu Ni Mo

0.10–0.16% .. 0.70–0.90% .. 0.025% Max 0.006% Max 0.30–0.50% .. 0.50–0.70% .. 0.25% Max ... 0.20% Max ... 0.21% Max

Width = 44.80 inches maximum; Yield Strength = 80,000 ksi minimum; • Hot-rolled steel coil which meets Thickness = 0.350 inches maximum; Tensile Strength = 105,000 psi Aim. the following chemical, physical and mechanical specifications:

C Mn P S Si Cr Cu Ni V(wt.) Cb

0.10–0.14% ...... 1.30–1.80% ..... 0.025% 0.005% 0.30– 0.50– 0.20– 0.20% Max 0.10 Max .. 0.08% Max Max. Max. 0.50%. 0.70%. 0.40%.

C Mn P S Si Cr Cu Ni Nb Ca Al

0.15% Max 1.40% 0.025% 0.010% 0.50% 1.00% 0.50% 0.20% 0.005% Treated .... 0.01– Max. Max. Max. Max. Max. Max. Max. Min. 0.07%

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Width = 39.37 inches; Thickness = 7226.19.90.00, 7226.91.50.00, day when the statutory deadline falls on 0.181 inches maximum; Yield Strength 7226.91.70.00, 7226.91.80.00, and a weekend, Federal holiday, or any = 70,000 psi minimum for thicknesses ≤ 7226.99.00.00. Although the HTSUS other day when the Department is 0.148 inches and 65,000 psi minimum subheadings are provided for closed. See Notice of Clarification: for thicknesses >0.148 inches; Tensile convenience and Customs purposes, the Application of ‘‘Next Business Day’’ Rule Strength = 80,000 psi minimum. written description of the merchandise for Administrative Determination • Hot-rolled dual phase steel, phase- covered by the order is dispositive. Deadlines Pursuant to the Tariff Act of hardened, primarily with a ferritic- Analysis of Comments Received 1930, As Amended, 70 FR 24533 (May martensitic microstructure, contains 0.9 10, 2005). Accordingly, the deadline for percent up to and including 1.5 percent All issues raised in this review are the completion of the final results is silicon by weight, further characterized addressed in the Issues and Decision now November 29, 2010, the first by either (i) tensile strength between Memorandum (‘‘Decision business day after the 240th day from 540 N/mm2; and 640 N/mm2 and an Memorandum’’) from Edward C. Yang, initiation. elongation percentage ≥ 26 percent for Acting Deputy Assistant Secretary for We are issuing and publishing the thicknesses of 2 mm and above, or (ii) Antidumping and Countervailing Duty results and notice in accordance with a tensile strength between 590 N/mm2 Operations, to Ronald K. Lorentzen, sections 751(c), 752, and 777(i)(1) of the and 690 N/mm2 and an elongation Deputy Assistant Secretary for Import Act. percentage ≥ 25 percent for thicknesses Administration, dated concurrently Dated: July 20, 2010. of 2mm and above. with this notice, which is hereby • Hot-rolled bearing quality steel, adopted by this notice. Parties can find Ronald K. Lorentzen, SAE grade 1050, in coils, with an a complete discussion of all issues Deputy Assistant Secretary for Import inclusion rating of 1.0 maximum per raised in this review and the Administration. ASTM E 45, Method A, with excellent corresponding recommendation in this [FR Doc. 2010–18392 Filed 7–26–10; 8:45 am] surface quality and chemistry public memorandum which is on file in BILLING CODE 3510–DS–P restrictions as follows: 0.012 percent the Central Records Unit, Room B–099 maximum phosphorus, 0.015 percent of the main Commerce building. In maximum sulfur, and 0.20 percent addition, a complete version of the DEPARTMENT OF COMMERCE maximum residuals including 0.15 Decision Memorandum can be accessed National Institute of Standards and percent maximum chromium. directly on the Web at http:// Technology • Grade ASTM A570–50 hot-rolled ia.ita.doc.gov/frn. The paper copy and steel sheet in coils or cut lengths, width electronic version of the Decision Request for nominations for members of 74 inches (nominal, within ASTM Memorandum are identical in content. to serve on National Institute of tolerances), thickness of 11 gauge (0.119 Preliminary Results of Review Standards and Technology Federal inch nominal), mill edge and skin Advisory Committees passed, with a minimum copper content The Department preliminarily of 0.20%. determines that revocation of the CVD AGENCY: National Institute of Standards The merchandise subject to the order order would likely lead to continuation and Technology, Department of is classified in the HTSUS at or recurrence of a countervailable Commerce. subheadings: 7208.10.15.00, subsidy. The net countervailable ACTION: Notice. 7208.10.30.00, 7208.10.60.00, subsidy likely to prevail if the order 7208.25.30.00, 7208.25.60.00, were revoked is zero percent for SUMMARY: The National Institute of 7208.26.00.30, 7208.26.00.60, USIMINAS/COSIPA, CSN, and all other Standards and Technology (NIST) 7208.27.00.30, 7208.27.00.60, companies. Interested parties may invites and requests nomination of 7208.36.00.30, 7208.36.00.60, submit case briefs no later than 50 days individuals for appointment to its nine 7208.37.00.30, 7208.37.00.60, after the date of publication of the existing Federal Advisory Committees: 7208.38.00.15, 7208.38.00.30, preliminary results of the full sunset Technology Innovation Program 7208.38.00.90, 7208.39.00.15, review, in accordance with 19 CFR Advisory Board, Board of Overseers of 7208.39.00.30, 7208.39.00.90, 351.309(c)(1)(i). Any interested party the Malcolm Baldrige National Quality 7208.40.60.30, 7208.40.60.60, may request a hearing within 30 days of Award, Judges Panel of the Malcolm 7208.53.00.00, 7208.54.00.00, publication of this notice in accordance Baldrige National Quality Award, 7208.90.00.00, 7210.70.30.00, with 19 CFR 351.310(c). Rebuttal briefs, Information Security and Privacy 7210.90.90.00, 7211.14.00.30, which must be limited to issues raised Advisory Board, Manufacturing 7211.14.00.90, 7211.19.15.00, in the case briefs, may be filed not later Extension Partnership Advisory Board, 7211.19.20.00, 7211.19.30.00, than five days after the time limit for National Construction Safety Team 7211.19.45.00, 7211.19.60.00, filing case briefs in accordance with 19 Advisory Committee, Advisory 7211.19.75.30, 7211.19.75.60, CFR 351.309(d). A hearing, if requested, Committee on Earthquake Hazards 7211.19.75.90, 7212.40.10.00, will be held two days after the date the Reduction, NIST Smart Grid Advisory 7212.40.50.00, 7212.50.00.00. rebuttal briefs are due. The Department Committee, and Visiting Committee on Certain hot-rolled flat-rolled carbon- will issue a notice of final results of this Advanced Technology. NIST will quality steel covered by the order, sunset review, which will include the consider nominations received in including: vacuum degassed, fully results of its analysis of issues raised in response to this notice for appointment stabilized; high strength low alloy; and any such comments, no later than 240 to the Committees, in addition to the substrate for motor lamination steel days after the date of publication of the nominations already received. may also enter under the following tariff notice of initiation (i.e., to November 27, Registered Federal lobbyists may not numbers: 7225.11.00.00, 7225.19.00.00, 2010 in accordance with 19 CFR serve on the NIST Committees. 7225.30.30.50, 7225.30.70.00, 351.218(f)(3)). However, November 27, DATES: Nominations for all committees 7225.40.70.00, 7225.99.00.90, 2010 falls on a Saturday and it is the will be accepted on an ongoing basis 7226.11.10.00, 7226.11.90.30, Department’s long-standing practice to and will be considered as and when 7226.11.90.60, 7226.19.10.00, issue a determination the next business vacancies arise.

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ADDRESSES: See below. Federal Advisory Committee Act (5 companies, small businesses, education, SUPPLEMENTARY INFORMATION: U.S.C. App. 2). health care, and nonprofits. The category (field of eminence) for which Objectives and Duties Technology Innovation Program (TIP) the candidate is qualified should be Advisory Board 1. The Board shall review the work of specified in the nomination letter. the private sector contractor(s), which ADDRESSES: Please submit nominations Nominations for a particular category assists the Director of the National to Dr. Lorel Wisniewski, National should come from organizations or Institute of Standards and Technology Institute of Standards and Technology, individuals within that category. A (NIST) in administering the Award. The 100 Bureau Drive, Mail Stop 4700, summary of the candidate’s Board will make such suggestions for Gaithersburg, MD 20899–4700. qualifications should be included with the improvement of the Award process Nominations may also be submitted via the nomination, including (where as it deems necessary. FAX to 301–869–1150. Additional applicable) current or former service on 2. The Board shall provide a written information regarding the Board, Federal advisory boards and Federal annual report on the results of Award including its charter may be found on employment. In addition, each activities to the Director of NIST, along its electronic home page at: http:// nomination letter should state that the with its recommendations for the www.nist.gov/tip/adv_brd/index.cfm. person agrees to the nomination, improvement of the Award process. acknowledges the responsibilities of FOR FURTHER INFORMATION CONTACT: Dr. 3. The Board will function solely as serving on the Board, and will actively Lorel Wisniewski, National Institute of an advisory committee under the participate in good faith in the tasks of Standards and Technology, 100 Bureau Federal Advisory Committee Act. the Board. Besides participation at Drive, Mail Stop 4700, Gaithersburg, 4. The Board will report to the meetings, it is desired that members be MD 20899–4700; telephone 301–975– Director of NIST. able to devote the equivalent of seven 2162, fax 301–869–1150; or via e-mail at days between meetings to either [email protected]. Membership developing or researching topics of 1. The Board will consist of COMMITTEE INFORMATION: The Board will potential interest, and so forth, in approximately eleven members selected consist of ten members appointed by the furtherance of their Board duties. on a clear, standardized basis, in Director of NIST, at least seven of whom 3. The Department of Commerce is accordance with applicable Department shall be from United States industry, committed to equal opportunity in the of Commerce guidance, and for their chosen to reflect the wide diversity of workplace and seeks a broad-based and preeminence in the field of technical disciplines and industrial diverse Board membership. sectors represented in TIP projects. No organizational performance member will be an employee of the management. There will be a balanced Judges Panel of the Malcolm Baldrige Federal Government. representation from U.S. service, National Quality Award manufacturing, education, health care The Board will function solely as an ADDRESSES: Please submit nominations advisory body, in compliance with the industries, and the nonprofit sector. 2. The Board will be appointed by the to Harry Hertz, Director, Baldrige provisions of the Federal Advisory National Quality Program, NIST, 100 Committee Act. Secretary of Commerce and will serve at the discretion of the Secretary. The term Bureau Drive, Mail Stop 1020, Authority: 15 U.S.C 278n(k), as amended of office of each Board member shall be Gaithersburg, MD 20899–1020. by the America COMPETES Act (Pub. L. 110– three years. All terms will commence on Nominations may also be submitted via 69), Federal Advisory Committee Act: 5 FAX to 301–975–4967. Additional U.S.C. App. 2. March1 and end on February 28 of the appropriate year. information regarding the Committee, Board of Overseers of the Malcolm including its charter, current Baldrige National Quality Award Miscellaneous membership list, and executive 1. Members of the Board shall serve summary may be found on its electronic ADDRESSES: Please submit nominations without compensation, but may, upon home page at: http://www.nist.gov/ to Harry Hertz, Director, Baldrige request, be reimbursed travel expenses, baldrige/. National Quality Program, NIST, 100 including per diem, as authorized by 5 FOR FURTHER INFORMATION CONTACT: Bureau Drive, Mail Stop 1020, U.S.C. 5701 et seq. Harry Hertz, Director, Baldrige National Gaithersburg, MD 20899–1020. 2. The Board will meet twice Quality Program and Designated Federal Nominations may also be submitted via annually, except that additional Official, NIST, 100 Bureau Drive, Mail FAX to 301–975–4967. Additional meetings may be called as deemed Stop 1020, Gaithersburg, MD 20899– information regarding the Committee, necessary by the NIST Director or by the 1020; telephone 301–975–2361; FAX including its charter, current Chairperson. Meetings are usually one 301–975–4967; or via e-mail at membership list, and executive day in duration. [email protected]. summary may be found on its electronic 3. Board meetings are open to the COMMITTEE INFORMATION: The Judges home page at: http://www.nist.gov/ public. Board members do not have Panel was established in accordance baldrige/. access to classified or proprietary with 15 U.S.C. 3711a(d)(1) and the FOR FURTHER INFORMATION CONTACT: information in connection with their Federal Advisory Committee Act (5 Harry Hertz, Director, Baldrige National Board duties. U.S.C. App. 2). Quality Program and Designated Federal NOMINATION INFORMATION: Officer, NIST, 100 Bureau Drive, Mail 1. Nominations are sought from the Objectives and Duties Stop 1020, Gaithersburg, MD 20899– private and public sector as described 1. The Judges Panel will ensure the 1020; telephone 301–975–2361; FAX above. integrity of the Malcolm Baldrige 301–948–4967; or via e-mail at 2. Nominees should have established National Quality Award selection [email protected]. records of distinguished service and process by reviewing the results of COMMITTEE INFORMATION: The Board was shall be familiar with the quality examiners’ scoring of written established in accordance with 15 improvement operations of applications, and then voting on which U.S.C. 3711a(d)(2)(B), pursuant to the manufacturing companies, service applicants merit site visits by examiners

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to verify the accuracy of claims made by industries, education, health care, and the National Institute of Standards and applicants. nonprofits as described above. Technology Act (15 U.S.C. 278g–4) the 2. The Judges Panel will ensure that 2. Nominees should have established Board’s charter was amended. This individuals on site visit teams for the records of distinguished service and amendment included the name change Award finalists have no conflict of shall be familiar with the performance of the Board. interest with respect to the finalists. The improvement operations of Panel will also review recommendations manufacturing companies, service Objectives and Duties from site visits and recommend Award companies, small businesses, education, The objectives and duties of the recipients. health care, and nonprofit organizations. ISPAB are: 3. The Judges Panel will function The category (field of eminence) for 1. To identify emerging managerial, solely as an advisory body, and will which the candidate is qualified should technical, administrative, and physical comply with the provisions of the be specified in the nomination letter. safeguard issues relative to information Federal Advisory Committee Act. Nominations for a particular category security and privacy. 4. The Panel will report to the should come from organizations or 2. To advise the NIST, the Secretary Director of NIST. individuals within that category. A of Commerce and the Director of the Office of Management and Budget on Membership summary of the candidate’s qualifications should be included with information security and privacy issues 1. The Judges Panel is composed of at the nomination, including (where pertaining to Federal Government least nine, and not more than twelve, applicable) current or former service on information systems, including members selected on a clear, federal advisory boards and federal thorough review of proposed standards standardized basis, in accordance with employment. In addition, each and guidelines developed by NIST. applicable Department of Commerce nomination letter should state that the 3. To annually report its findings to guidance. There will be a balanced person agrees to the nomination, the Secretary of Commerce, the Director representation from U.S. service and acknowledge the responsibilities of of the Office of Management and manufacturing industries, education, serving on the Judges Panel, and will Budget, the Director of the National health care, and nonprofits and will actively participate in good faith in the Security Agency, and the appropriate include members familiar with tasks of the Judges Panel. Besides committees of the Congress. performance improvement in their area participation at meetings, it is desired 4. To function solely as an advisory of business. that members be either developing or body, in accordance with the provisions 2. The Judges Panel will be appointed researching topics of potential interest, of the Federal Advisory Committee Act. by the Secretary of Commerce and will reading Baldrige applications, and so Membership serve at the discretion of the Secretary. forth, in furtherance of their Committee The term of office of each Panel member duties. The ISPAB is comprised of twelve shall be three years. All terms will 3. The Department of Commerce is members, in addition to the commence on March 1 and end on committed to equal opportunity in the Chairperson. The membership of the February 28 of the appropriate year. workplace and seeks a broad-based and Board includes: 1. Four members from outside the Miscellaneous diverse Judges Panel membership. Federal Government eminent in the 1. Members of the Judges Panel shall Information Security and Privacy information technology industry, at serve without compensation, but may, Advisory Board (ISPAB) least one of whom is representative of upon request, be reimbursed travel small or medium sized companies in ADDRESSES: Please submit nominations expenses, including per diem, as such industries. to Pauline Bowen, NIST, 100 Bureau authorized by 5 U.S.C. 5701 et seq. 2. Four members from outside the Drive, Mail Stop 8930, Gaithersburg, 2. The Judges Panel will meet three Federal Government who are eminent in MD 20899–8930. Nominations may also times per year. Additional meetings may the field of information technology, or be submitted via fax to 301–975–4007, be called as deemed necessary by the related disciplines, but who are not Attn: ISPAB Nominations. Additional NIST Director or by the Chairperson. employed by or representative of a information regarding the Board, Meetings are usually one to four days in producer of information technology including its charter and current duration. In addition, each Judge must equipment; and attend an annual three-day Examiner membership list, may be found on its 3. Four members from the Federal training course. electronic home page at: http:// Government who have information 3. Committee meetings are closed to csrc.nist.gov/ispab/. system management experience, the public pursuant to Section 10(d) of FOR FURTHER INFORMATION CONTACT: including experience in information the Federal Advisory Committee Act, 5 Pauline Bowen, ISPAB Designated security and privacy; at least one of U.S.C. App. 2, as amended by Section Federal Official, NIST, 100 Bureau these members shall be from the 5(c) of the Government in the Sunshine Drive, Mail Stop 8930, Gaithersburg, National Security Agency. Act, Public Law 94–409, and in MD 20899–8930; telephone 301–975– accordance with Section 552b(c)(4) of 2938; fax: 301–975–8670; or via e-mail Miscellaneous Title 5, United States Code. Since the at [email protected]. Members of the ISPAB who are not members of the Judges Panel examine COMMITTEE INFORMATION: The ISPAB was full-time employees of the Federal records and discuss Award applicant originally chartered as the Computer government are not paid for their data, the meetings are likely to disclose System Security and Privacy Advisory service, but will, upon request, be trade secrets and commercial or Board (CSSPAB) by the Department of allowed travel expenses in accordance financial information obtained from a Commerce pursuant to the Computer with Subchapter I of Chapter 57 of Title person that may be privileged or Security Act of 1987 (Pub. L. 100–235). 5, United States Code, while otherwise confidential. As a result of the E–Government Act of performing duties at the request of the NOMINATION INFORMATION: 2002 (Pub. L. 107–347), Title III, the Board Chairperson, while away from 1. Nominations are sought from all Federal Information Security their homes or a regular place of U.S. service and manufacturing Management Act of 2002, Section 21 of business.

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Meetings of the Board are usually two FOR FURTHER INFORMATION CONTACT: Ms. the remainder of the unexpired term of to three days in duration and are usually Karen Lellock, National Institute of the vacancy. held quarterly. The meetings primarily Standards and Technology, 100 Bureau Miscellaneous take place in the Washington, DC Drive, Mail Stop 4800, Gaithersburg, metropolitan area but may be held at MD 20899–4800; telephone 301–975– 1. Members of the Board will not be such locations and at such time and 4269, fax 301–963–6556; or via e-mail at compensated for their services but will, place as determined by the majority of [email protected]. upon request, be allowed travel and per the Board. COMMITTEE INFORMATION: The MEP diem expenses as authorized by 5 U.S.C. Board meetings are open to the public Advisory Board was established in 5701 et seq., while attending meetings and members of the press usually accordance with the requirements of of the Board or subcommittees thereof, attend. Members do not have access to Section 3003(d) of the America or while otherwise performing duties at classified or proprietary information in COMPETES Act (Pub. L. 110–69) and the request of the Chair, while away connection with their Board duties. the Federal Advisory Committee Act, 5 from their homes or regular places of U.S.C. App. 2. business. NOMINATION INFORMATION: Nominations 2. The Board will meet at least two are being accepted in all three categories Objectives and Duties times a year. Additional meetings may described above. Nominees should have be called by the NIST Director. specific experience related to 1. The Board will provide advice on MEP programs, plans, and policies. 3. Committee meetings are open to the information security or electronic public. privacy issues, particularly as they 2. The Board will assess the NOMINATION INFORMATION: Nominations pertain to Federal information soundness of MEP plans and strategies. are being accepted in all categories technology. Letters of nomination 3. The Board will assess current performance against MEP program described above. should include the category of Nominees should have specific membership for which the candidate is plans. 4. The Board will function solely in experience related to industrial applying and a summary of the extension services. Letters of candidate’s qualifications for that an advisory capacity, and in accordance with the provisions of the Federal nomination should include the category specific category. Also include (where of membership for which the candidate applicable) current or former service on Advisory Committee Act. 5. The Board shall submit an annual is applying and a summary of the Federal advisory boards and any Federal candidate’s qualifications for that employment. Each nomination letter report through the NIST Director to the Secretary for transmittal to Congress specific category. Each nomination should state that the person agrees to letter should state that the person agrees the nomination, acknowledges the within 30 days after the submission to Congress of the President’s annual to the nomination and acknowledges the responsibilities of serving on the ISPAB, responsibilities of serving on the MEP and that they will actively participate in budget request each year. The report will address the status of the MEP and Advisory Board. good faith in the tasks of the ISPAB. Selection of MEP Advisory Board Besides participation at meetings, it is comment on programmatic planning and updates. members will not be limited to desired that members be able to devote individuals who are nominated. a minimum of two days between Membership Nominations that are received and meet meetings to developing draft issue 1. The MEP Board is composed of 10 the requirements will be kept on file to papers, researching topics of potential members, broadly representative of be reviewed as Board vacancies occur. interest, and so forth in furtherance of stakeholders. At least 2 members shall The Department of Commerce is their Board duties. be employed by or on an advisory board committed to equal opportunity in the Selection of ISPAB members will not for the Centers, and at least 5 other workplace and seeks a broad-based and be limited to individuals who are members shall be from U.S. small diverse MEP Advisory Board nominated. Nominations that are businesses in the manufacturing sector. membership. received and meet the requirements will No member shall be an employee of the be kept on file to be reviewed as Board National Construction Safety Team Federal Government. Advisory Committee vacancies occur. 2. The Director of the National Nominees must be U.S. citizens. Institute of Standards and Technology ADDRESSES: Please submit nominations The Department of Commerce is (NIST) shall appoint the members of the to Stephen Cauffman, National committed to equal opportunity in the Board. Members shall be selected on a Construction Safety Team Advisory workplace and seeks a broad-based and clear, standardized basis, in accordance Committee, National Institute of diverse ISPAB membership. with applicable Department of Standards and Technology, 100 Bureau Commerce guidance. Members serve at Drive, Mail Stop 8611, Gaithersburg, Manufacturing Extension Partnership MD 20899–8611. Nominations may also (MEP) Advisory Board the discretion of the NIST Director. 3. Committee members from the be submitted via FAX to 301–869–6275. ADDRESSES: Please submit nominations manufacturing industry and those FOR FURTHER INFORMATION CONTACT: to Ms. Karen Lellock, National Institute representing specific stakeholder groups Stephen Cauffman, National of Standards and Technology, 100 shall serve in a representative capacity. Construction Safety Team Advisory Bureau Drive, Mail Stop 4800, Committee members from the academic Committee, National Institute of Gaithersburg, MD 20899–4800. community shall serve as experts and Standards and Technology, 100 Bureau Nominations may also be submitted via will be considered Special Government Drive, Mail Stop 8611, Gaithersburg, Fax to 301–963–6556. Additional Employees (SGEs) and will be subject to MD 20899–8611, telephone 301–975– information regarding the Board, all ethical standards and rules 6051, fax 301–869–6275; or via e-mail at including its charter may be found on applicable to SGEs. [email protected]. its electronic home page at: http:// 4. The term of office of each member COMMITTEE INFORMATION: The Committee www.mep.nist.gov/about-mep/mep- of the Board shall be three years, except was established in accordance with the advisory-board.htm. that vacancy appointments shall be for National Construction Safety Team Act,

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Public Law 107–231 and the Federal Miscellaneous Stop 8604, Gaithersburg, MD 20899– Advisory Committee Act (5 U.S.C. App. 1. Members of the Committee will not 8604, telephone 301–975–5640, fax 2). be paid for their services, but will, upon 301–975–4032; or via e-mail at [email protected]. Objectives and Duties request, be allowed travel and per diem expenses in accordance with 5 U.S.C. COMMITTEE INFORMATION: The Committee 1. The Committee shall advise the 5701 et seq., while attending meetings was established on June 27, 2006 in Director of the National Institute of of the Committee or of its accordance with the National Standards and Technology (NIST) on subcommittees, or while otherwise Earthquake Hazards Reduction Program carrying out the National Construction performing duties at the request of the Reauthorization Act, Public Law 108– Safety Team Act (Act), review and chairperson, while away from their 360 and the Federal Advisory provide advice on the procedures homes or a regular place of business. Committee Act (5 U.S.C. App. 2). 2. The Committee will meet at least developed under section 2(c)(1) of the Objectives and Duties Act, and review and provide advice on once per year at the call of the Chair. the reports issued under section 8 of the Additional meetings may be called 1. The Committee will assess trends Act. whenever one-third or more of the and developments in the science and members so request it in writing or engineering of earthquake hazards 2. The Committee functions solely as whenever the Chair or the Director of reduction, effectiveness of the Program an advisory body, in accordance with NIST requests a meeting. in carrying out the activities under the provisions of the Federal Advisory NOMINATION INFORMATION: section 103(a)(2) of the Act, the need to Committee Act. 1. Nominations are sought from all revise the Program, the management, 3. The Committee shall report to the fields involved in issues affecting coordination, implementation, and Director of NIST. National Construction Safety Teams. activities of the Program. 4. The Committee shall provide a 2. Nominees should have established 2. The Committee functions solely as written annual report, through the records of distinguished service. The an advisory body, in accordance with Director of the NIST Building and Fire field of expertise that the candidate the provisions of the Federal Advisory Research Laboratory (BFRL) and the represents he/she is qualified should be Committee Act. Director of NIST, to the Secretary of specified in the nomination letter. 3. The Committee shall report to the Commerce for submission to the Nominations for a particular field Director of NIST. Congress, to be due at a date to be should come from organizations or 4. Not later than one year after the agreed upon by the Committee and the individuals within that field. A first meeting of the Committee, and at Director of NIST. Such report will summary of the candidate’s least once every two years thereafter, the provide an evaluation of National qualifications should be included with Committee shall report to the Director of Construction Safety Team activities, the nomination, including (where NIST, on its findings of the assessments along with recommendations to improve applicable) current or former service on and its recommendations for ways to the operation and effectiveness of federal advisory boards and federal improve the Program. In developing National Construction Safety Teams, employment. In addition, each recommendations, the Committee shall and an assessment of the nomination letter should state that the consider the recommendations of the implementation of the candidate agrees to the nomination, United States Geological Survey recommendations of the National acknowledges the responsibilities of Scientific Earthquake Studies Advisory Construction Safety Teams and of the serving on the Committee, and will Committee. actively participate in good faith in the Committee. In addition, the Committee Membership may provide reports at strategic stages of tasks of the Committee. 3. The Department of Commerce is an investigation, at its discretion or at 1. The Committee will consist of not committed to equal opportunity in the the request of the Director of NIST, fewer than 11 nor more than 17 workplace and seeks a broad-based and through the Director of the BFRL and members, who reflect a wide diversity diverse Committee membership. the Director of NIST, to the Secretary of of technical disciplines, competencies, Commerce. Advisory Committee on Earthquake and communities involved in Hazards Reduction (ACEHR) earthquake hazards reduction. Members Membership shall be selected on the basis of ADDRESSES: Please submit nominations established records of distinguished 1. The Committee will be composed to Tina Faecke, Administrative Officer, service in their professional community of not fewer than five nor more than ten National Earthquake Hazards Reduction and their knowledge of issues affecting members that reflect a wide balance of Program, National Institute of Standards the National Earthquake Hazards the diversity of technical disciplines and Technology, 100 Bureau Drive, Mail Reduction Program. and competencies involved in the Stop 8630, Gaithersburg, MD 20899– 2. The Director of NIST shall appoint National Construction Safety Teams 8630. Nominations may also be the members of the Committee, and they investigations. Members shall be submitted via FAX to 301–975–4032 or will be selected on a clear, standardized selected on the basis of established e-mail at [email protected]. basis, in accordance with applicable records of distinguished service in their Additional information regarding the Department of Commerce guidance. professional community and their Committee, including its charter and 3. The term of office of each member knowledge of issues affecting the executive summary may be found on its of the Committee shall be three years, National Construction Safety Teams. electronic home page at: http:// except that vacancy appointments shall 2. The Director of the NIST shall www.nehrp.gov. be for the remainder of the unexpired appoint the members of the Committee, FOR FURTHER INFORMATION CONTACT: Dr. term of the vacancy and that the initial and they will be selected on a clear, Jack Hayes, Director, National members shall have staggered terms standardized basis, in accordance with Earthquake Hazards Reduction Program, such that the committee will have applicable Department of Commerce National Institute of Standards and approximately 1⁄3 new or reappointed guidance. Technology, 100 Bureau Drive, Mail members each year.

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4. No committee member may be an Institute of Standards and Technology, Miscellaneous ‘‘employee’’ as defined in subparagraphs 100 Bureau Drive, Mail Stop 8100, 1. Members of the Committee will not (A) through (F) of section 7342(a)(1) of Gaithersburg, MD 20899–8100. be paid for their services but will, upon Title 5 of the United States Code. Nominations may also be submitted via request, be allowed travel and per diem e-mail to [email protected]. Information Miscellaneous expenses in accordance with 5 U.S.C. about the committee may be found at: 5701 et seq. while attending meetings of 1. Members of the Committee will not http://www.nist.gov/smartgrid/. the Committee or of its subcommittees, be compensated for their services, but FOR FURTHER INFORMATION CONTACT: Dr. or while otherwise performing duties at will, upon request, be allowed travel George W. Arnold, National Institute of the request of the chairperson, while and per diem expenses in accordance Standards and Technology, 100 Bureau away from their homes or a regular with 5 U.S.C. 5701 et seq., while Drive, Mail Stop 8100, Gaithersburg, place of business. attending meetings of the Committee or MD 20899–8100; telephone 301–975– 2. The Committee will meet at least of its subcommittees, or while otherwise 2232, fax 301–975–4091; or via e-mail at twice per year. Additional meetings may performing duties at the request of the [email protected]. be called whenever one-third or more of chairperson, while away from their COMMITTEE INFORMATION: The Committee the members so request in writing or homes or a regular place of business. was established in accordance with the whenever the Director of NIST requests 2. Members of the Committee shall Federal Advisory Committee Act (5 a meeting. serve as Special Government Employees U.S.C. App.). and are required to file an annual NOMINATION INFORMATION: Executive Branch Confidential Financial Objectives and Duties 1. Nominations are sought from all fields involved in issues affecting the Disclosure Report. 1. The Committee shall advise the 3. The Committee shall meet at least Smart Grid. Director of the National Institute of 2. Nominees should have established once per year. Additional meetings may Standards and Technology (NIST) on be called whenever the Director of NIST records of distinguished service. The carrying out duties authorized by field of expertise that the candidate requests a meeting. section 1305 of the Energy 4. Committee meetings are open to the represents should be specified in the Independence and Security Act of 2007 public. nomination letter. Nominations for a (Pub. L. 110–140). particular field should come from NOMINATION INFORMATION: 2. The Committee functions solely as organizations or individuals within that 1. Nominations are sought from an advisory body in accordance with the industry and other communities having field. A summary of the candidate’s provisions of the Federal Advisory qualifications should be included with an interest in the National Earthquake Committee Act. Hazards Reduction Program, such as, the nomination, including (where 3. The Committee shall report to the applicable) current or former service on but not limited to, research and Director of NIST. academic institutions, industry federal advisory boards and federal 4. The Committee shall provide input employment. In addition, each standards development organizations, to NIST on the Smart Grid Standards, state and local government bodies, and nomination letter should state that the Priority, and Gaps. The Committee shall person agrees to the nomination, financial communities, who are provide input on the overall direction, qualified to provide advice on acknowledges the responsibilities of status and health of the Smart Grid serving on the Committee, and will earthquake hazards reduction and implementation by the Smart Grid represent all related scientific, actively participate in good faith in the industry, including identification of tasks of the Committee. The Department architectural, and engineering issues and needs. Input to NIST will be disciplines. of Commerce is committed to equal used to help guide the Smart Grid opportunity in the workplace and seeks 2. Nominees should have established Interoperability Panel activities and also records of distinguished service. The a broad-based and diverse Committee assist NIST in directing research and membership. field of expertise that the candidate standards activities. represents should be specified in the 5. Upon request of the Director of Authority: Federal Advisory Committee nomination letter. Nominations for a NIST, the Committee will prepare Act: 5 U.S.C. App. particular field should come from reports on issues affecting Smart Grid Visiting Committee on Advanced organizations or individuals within that activities. Technology (VCAT) field. A summary of the candidate’s qualifications should be included with Membership ADDRESSES: Please submit nominations the nomination, including (where 1. The Committee will be composed to Gail Ehrlich, Executive Director, applicable) current or former service on of not fewer than nine nor more than Visiting Committee on Advanced federal advisory boards and federal fifteen members that reflect the wide Technology, National Institute of employment. In addition, each diversity of technical disciplines and Standards and Technology, 100 Bureau nomination letter should state that the competencies involved in the Smart Drive, Mail Stop 1060, Gaithersburg, person agrees to the nomination, Grid deployment and operations and MD 20899–1060. Nominations may also acknowledges the responsibilities of will come from a cross section of be submitted via FAX to 301–216–0529 serving on the Committee, and will organizations. Members shall be or via e-mail at [email protected]. actively participate in good faith in the selected on the basis of established Additional information regarding the tasks of the Committee. records of distinguished service in their Committee, including its charter, 3. The Department of Commerce is professional community and their current membership list, and executive committed to equal opportunity in the knowledge of issues affecting Smart summary may be found on its electronic workplace and seeks a broad-based and Grid deployment. homepage at: http://www.nist.gov/ diverse Committee membership. 2. The Director of NIST shall appoint director/vcat/vcat.htm. the members of the Committee, and they FOR FURTHER INFORMATION CONTACT: Gail NIST Smart Grid Advisory Committee will be selected on a clear, standardized Ehrlich, Executive Director, Visiting ADDRESSES: Please submit nominations basis, in accordance with applicable Committee on Advanced Technology, to Dr. George W. Arnold, National Department of Commerce guidance. National Institute of Standards and

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Technology, 100 Bureau Drive, Mail 2. The Director of the NIST shall to devote the equivalent of two days Stop 1060, Gaithersburg, MD 20899– appoint the members of the Committee, between meetings to either developing 1060, telephone 301–975–2149, fax and they will be selected on a clear, or researching topics of potential 301–216–0529; or via e-mail at standardized basis, in accordance with interest, and so forth in furtherance of [email protected]. applicable Department of Commerce the Committee duties. COMMITTEE INFORMATION: The VCAT was guidance. 3. The Department of Commerce is established in accordance with 15 3. The term of the office of each committed to equal opportunity in the U.S.C. 278 and the Federal Advisory member of the Committee shall be three workplace and seeks a broad-based and Committee Act (5 U.S.C. App.). years, except that vacancy appointments diverse VCAT membership. shall be for the remainder of the Dated: July 21, 2010. Objectives and Duties unexpired term of the vacancy. Katharine B. Gebbie, 1. The Committee shall review and Miscellaneous Director, Physics Laboratory. make recommendations regarding 1. Members of the VCAT will not be [FR Doc. 2010–18378 Filed 7–26–10; 8:45 am] general policy for NIST, its organization, compensated for their services, but will, BILLING CODE 3510–13–P its budget, and its programs, within the upon request, be allowed travel framework of applicable national expenses in accordance with 5 U.S.C. policies as set forth by the President and 5701 et seq., while attending meetings DEPARTMENT OF COMMERCE the Congress. of the Committee or of its 2. The Committee functions solely as subcommittees, or while otherwise International Trade Administration an advisory body, in accordance with performing duties at the request of the The Americas Business Trade Mission the provisions of the Federal Advisory chairperson, while away from their to Mexico Committee Act. homes or a regular place of business. 3. The Committee shall report to the 2. Members of the Committee shall AGENCY: International Trade Director of NIST. serve as Special Government Employees Administration, Department of 4. The Committee shall provide an (SGEs) and will be subject to the ethics Commerce. annual report, through the Director of standards applicable to SGEs. As SGEs, ACTION: Notice. NIST, to the Secretary of Commerce for the members are required to file an submission to the Congress not later annual Executive Branch Confidential Mission Description than 30 days after the submittal to Financial Disclosure Report. Congress of the President’s annual 3. Meetings of the VCAT take place at The U.S. Commercial Service of the budget request in each year. Such report the NIST headquarters in Gaithersburg, International Trade Administration, shall deal essentially, though not Maryland, and may be held periodically U.S. Department of Commerce will necessarily exclusively, with policy at the NIST site in Boulder, Colorado. recruit and organize a multiple industry issues or matters which affect the Meetings are usually two days in trade mission to Mexico City with an Institute, or with which the Committee duration and are held at least twice each optional second stop in Monterrey, in its official role as the private sector year. October 25–28, 2010. This mission will policy advisor of the Institute is 4. Generally, Committee meetings are be led by a senior Department of concerned. Each such report shall open to the public. Commerce official. identify areas of program emphasis for NOMINATION INFORMATION: In each city, participating companies the Institute of potential importance to 1. Nominations are sought from all will have one day of pre-scheduled, pre- the long-term competitiveness of the fields described above. screened one-on-one appointments with United States industry. Such report also 2. Nominees should have established potential distributors, and/or business shall comment on the programmatic records of distinguished service and partners, as well as counseling from planning document and updates thereto shall be eminent in fields such as Commercial Service trade specialists. In submitted to Congress by the Director business, research, new product both locations, there will be an in-depth under subsections (c) and (d) of section development, engineering, labor, commercial briefing on the local 23 of the NIST Act (15 U.S.C. 278i). The education, management consulting, business climate. In Mexico City, there Committee shall submit to the Secretary environment and international relations. will also be a networking reception for and Congress such additional reports on The category (field of eminence) for the delegation with local private and specific policy matters as it deems which the candidate is qualified should public sector officials. appropriate. be specified in the nomination letter. The mission to Mexico is intended to Nominations for a particular category include representatives from best- Membership should come from organizations or prospect sectors which include among 1. The Committee is composed of 15 individuals within that category. A others airport and aviation, automotive, members that provide representation of summary of the candidate’s building and construction, education a cross-section of traditional and qualifications should be included with and training, energy, environmental emerging United States industries. the nomination, including (where technologies, financial and insurance Members shall be selected solely on the applicable) current or former service on services, franchising, information basis of established records of federal advisory boards and federal technologies and telecommunications, distinguished service and shall be employment. In addition, each safety and security, transportation and eminent in such fields as business, nomination letter should state that the ports, and travel and tourism and to research, new product development, candidate agrees to the nomination, introduce participants to distributors engineering, labor, education, acknowledges the responsibilities of and prospective partners. management consulting, environment, serving on the VCAT, and will actively The Americas Business Trade Mission and international relations. No participate in good faith in the tasks of will build on the momentum gained employee of the Federal Government the VCAT. Besides participation in two- from the 2009 and 2010 The Americas shall serve as a member of the day meetings held at least twice each Business Forum held in Los Angeles, Committee. year, it is desired that members be able CA. The U.S. Commercial Service

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worked closely with the Los Angeles economic reforms Mexico’s macro- The participating U.S. firms will also be Area Chamber of Commerce and the economic picture is a healthier one than given opportunities to interact with UCLA Anderson School of Business to in early years of this decade. local company representatives at recruit small-to-medium sized • Mexico’s size and diversity are networking events. For the one-on-one companies from across the country to often under appreciated by U.S. sessions, all U.S. companies, together attend the conference. During the exporters. It can often be difficult to find with a Commercial Specialist and/or conferences the Senior Commercial a single distributor or agent to cover this trade aide will visit their Mexican Officer from Mexico met with more than vast market. counterparts at their facilities. The 50 companies interested in doing • The National Infrastructure Plan precise schedule will depend on the business in Mexico. This trade mission announced by President Calderon in availability of local business will build upon the interest shown July 2007 includes over 300 projects in representatives and the specific goals during these meetings but participation the power, oil and gas, airport, ports, and objectives of the mission in this mission is not limited to past environmental, road transport and other participants. participants of The Americas Business sectors. Projects are open for U.S. U.S. participants will be counseled Forum. company participation, and provide before and after the mission by the solid opportunities for the supply of Commercial Setting mission coordinators. Participation in goods, services, and technology. • the mission will include the following: Mexico is the second largest market • in the world for U.S. exports. Given the Mission Goals Pre-travel briefings/webinar on magnitude of trade between the United This trade mission is designed to help subjects ranging from business practices States and Mexico, there are abundant U.S. firms initiate or expand their in Mexico to security; opportunities for U.S. firms in Mexico. exports to Mexico by providing • Pre-scheduled meetings with The North American Free Trade business-to-business introductions and potential partners, distributors, end Agreement (NAFTA), enacted in 1994, market access information. This mission users, or local industry contacts in created a free trade zone for Mexico, by connecting U.S. companies with Mexico City and Monterrey (optional Canada and the United States, and has potential Mexican trading partners also stop); resulted in approximately $367 billion supports the President’s initiative to • Transportation to airports in of annual trade between the two double exports during the next five Mexico City and Monterrey; countries, more than $1 billion of trade years to support 2 million American • Participation in networking per day. jobs. reception in Mexico City, and • Although Mexico’s GDP contracted • Meetings with respective industry due to the global economic downturn, Mission Scenario commercial specialists in CS Mexico strong U.S.-Mexico trade continues. U.S. firms will take part in formal City and Monterrey. GDP is expected to grow by 4.2 percent matchmaking sessions with Mexico in 2010. In addition, due to recent City- and Monterrey-based companies. Proposed Timetable

October 25 ...... Mexico City: ‘‘Doing Business in Mexico’’ Commercial Briefing by U.S. Commercial Service Mexico. City and Economic section of the U.S. Embassy. Review of mission schedule. Networking reception. October 26 ...... Mexico City: One-on-one business matchmaking appointments. October 27 ...... Mexico City/Monterrey (optional): Morning: 2–3 sessions on topics related to doing business in Mexico City. Debrief of Mexico City portion of trade mission. For those participating in Monterrey portion of trade mission, afternoon flight to Monterrey. Welcome to Monterrey dinner. October 28 ...... Monterrey: Breakfast briefing on doing business in Monterrey. One-on-one business matchmaking appointments. Debrief of trade mission. End of mission.

Participation Requirements selected to participate in the mission Fee and Expenses from the applicant pool. U.S. companies All parties interested in participating already doing business in Mexico City After a company has been selected to in The Americas Business Trade as well as U.S. companies seeking to participate on the mission, a payment to Mission to Mexico must complete and the U.S. Department of Commerce in the submit an application for consideration enter the market for the first time are encouraged to apply. For the optional form of a participation fee is required. by the U.S. Department of Commerce. The participation fee will be $3,700 for All applicants will be evaluated on their stop in Monterrey, post can accommodate a maximum of 8 large firms that participate in both cities ability to meet certain conditions and ($2,000 if only participating in Mexico best satisfy the selection criteria as companies due to staffing constraints. City) and $2,350 for a small or medium- outlined below. This mission is designed for a minimum of 12 and a maximum of 15 companies that will be

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sized enterprise (SME) 1 or small Commerce Department trade mission COMMODITY FUTURES TRADING organization that participates in both calendar (http://www.ita.doc.gov/ COMMISSION cities ($1,300 if only participating in doctm/tmcal.html), Pacific South Mexico City), which will cover up to Network U.S. Export Assistance Center Sunshine Act Meetings two representatives. The fee for each Web sites, e-mail notification to additional firm representative (large registrants of TABF, clients and TIME AND DATE: 11 a.m., Friday, August firm or SME) is $500. Expenses for prospects of the Pacific South Network 21, 2010. travel, lodging, most meals, and and local trade and corporate partners PLACE: 1155 21st St., NW., Washington, incidentals will be the responsibility of and publicity at local trade events and DC, 9th Floor Commission Conference each mission participant. trade shows. Room. Recruitment for the mission will Conditions for Participation STATUS: Closed. begin immediately and conclude no • An applicant must submit a later than September 3, 2010. The U.S. MATTERS TO BE CONSIDERED: completed and signed mission Commercial Service will review all Surveillance and Enforcement application and supplemental applications immediately after the Matters. application materials, including deadline. We will inform applicants of adequate information on the company’s CONTACT PERSON FOR MORE INFORMATION: selection decisions as soon as possible Sauntia S. Warfield, 202–418–5084. products and/or services, primary after September 3, 2010. Applications market objectives, and goals for received after that date will be Sauntia S. Warfield, participation. If the U.S. Department of considered only if space and scheduling Assistant Secretary of the Commission. Commerce receives an incomplete constraints permit. [FR Doc. 2010–18491 Filed 7–23–10; 4:15 pm] application, the Department may reject the application, request additional Contacts BILLING CODE 6351–01–P information, or take the lack of U.S. Commercial Service, Pacific South information into account when Network COMMODITY FUTURES TRADING evaluating the applications. COMMISSION • Each applicant must also certify Julie Anne Hennessy, Los Angeles that the products and services it seeks (West) U.S. Export Assistance Center, Sunshine Act Meetings to export through the mission are either 11150 W. Olympic Blvd., Suite 975, Los produced in the United States, or, if not, Angeles, CA 90064. T: (310) 235–7203. TIME AND DATE: 11 a.m., Friday, August marketed under the name of a U.S. firm F: (310) 235–7220. E: 14, 2010. and have at least fifty-one percent U.S. [email protected]. content. PLACE: 1155 21st St., NW., Washington, U.S. Commercial Service, Mexico City DC, 9th Floor Commission Conference Selection Criteria for Participation Jeff Hamilton, U.S. Commercial Room. Selection will be based on the Service, Liverpool No. 31, Col. Juarez, STATUS: Closed. following criteria: 06600 Mexico, DF. Tel: (52) (55) 5140– • Suitability of a company’s products MATTERS TO BE CONSIDERED: Surveillance 2612. Fax: (52) (55) 5566–1111. E: and Enforcement Matters. or services to the mission’s goals; [email protected]. • Applicant’s potential for business CONTACT PERSON FOR MORE INFORMATION: in Mexico, including likelihood of Ryan Kane, Sauntia S. Warfield, 202–418–5084. exports resulting from the trade mission, Global Trade Programs, Commercial Service and Trade Missions Program. Sauntia S. Warfield, • Consistency of the applicant’s goals [FR Doc. 2010–18273 Filed 7–26–10; 8:45 am] Assistant Secretary of the Commission. and objectives with the stated scope of BILLING CODE 3510–FP–P [FR Doc. 2010–18493 Filed 7–23–10; 4:15 pm] the trade mission. Referrals from BILLING CODE 6351–01–P political organizations and any documents containing references to partisan political activities (including COMMODITY FUTURES TRADING COMMODITY FUTURES TRADING political contributions) will be removed COMMISSION COMMISSION from an applicant’s submission and not Sunshine Act Meetings considered during the selection process. Sunshine Act Meetings

Timeframe for Recruitment and TIME AND DATE: 11 a.m., Friday, August TIME AND DATE: 11 a.m., Friday, August Applications 28, 2010. 7, 2010. Mission recruitment will be PLACE: 1155 21st St., NW., Washington, PLACE: 1155 21st St., NW., Washington, conducted in an open and public DC, 9th Floor Commission Conference DC, 9th Floor Commission Conference manner, including publication in the Room. Room. Federal Register, posting on the STATUS: Closed. STATUS: Closed.

1 An SME is defined as a firm with 500 or fewer MATTERS TO BE CONSIDERED: Surveillance MATTERS TO BE CONSIDERED: Surveillance employees or that otherwise qualifies as a small and Enforcement Matters. and Enforcement Matters. business under SBA regulations (see http:// www.sba.gov/services/contracting opportunities/ CONTACT PERSON FOR MORE INFORMATION: CONTACT PERSON FOR MORE INFORMATION: sizestandardstopics/index.html). Parent companies, Sauntia S. Warfield, 202–418–5084. Sauntia S. Warfield, 202–418–5084. affiliates, and subsidiaries will be considered when determining business size. The dual pricing reflects Sauntia S. Warfield, Sauntia S. Warfield, the Commercial Service’s user fee schedule that Assistant Secretary of the Commission. Assistant Secretary of the Commission. became effective May 1, 2008 (see http:// www.export.gov/newsletter/march2008/ [FR Doc. 2010–18488 Filed 7–23–10; 4:15 pm] [FR Doc. 2010–18494 Filed 7–23–10; 4:15 pm] initiatives.html for additional information). BILLING CODE 6351–01–P BILLING CODE 6351–01–P

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CONSUMER PRODUCT SAFETY submit confidential business otherwise available within the common COMMISSION information, trade secret information, or meaning of the term; other sensitive or protected information (3) industrial strategies or devices have [Docket No. CPSC–2010–0080] electronically. Such information should been developed that are capable or will be capable of achieving such a limit by the Children’s Products Containing Lead; be submitted in writing. effective date of the limit and that Technological Feasibility of 100 ppm Docket: For access to the docket to companies, acting in good faith, are generally for Lead Content; Request for read background documents or capable of adopting; or Comments and Information comments received, go to http:// (4) alternative practices, best practices, or www.regulations.gov. other operational changes would allow the AGENCY: Consumer Product Safety FOR FURTHER INFORMATION CONTACT: manufacturer to comply with the limit. Commission. Kristina Hatlelid, PhD, M.P.H., Request for Comments and Information ACTION: Notice Directorate for Health Sciences, Consumer Product Safety Commission, The Commission requests information SUMMARY: Section 101(a) of the 4330 East West Highway, Bethesda, on the technological feasibility for Consumer Product Safety Improvement Maryland 20814; e-mail manufacturers to meet the 100 ppm lead Act (‘‘CPSIA’’) provides that, as of [email protected]; telephone (301) content limit for specific children’s August 11, 2011, children’s products 504–7254. products or product categories. The may not contain more than 100 parts per comments should address products or million (‘‘ppm’’) of lead, unless the SUPPLEMENTARY INFORMATION: materials that currently comply with Consumer Product Safety Commission Section 101(a) of the CPSIA (15 U.S.C. 300 ppm lead content limit which are (‘‘CPSC’’ or ‘‘Commission’’), determines 1278a(a)) provides that, for products required to meet the 100 ppm lead that it is not technologically feasible, designed or intended primarily for content limit effective August 14, 2011. after notice and a hearing and after children 12 years old and younger, the Specifically, information is requested on analyzing the public health protections total lead content limit by weight in any the following: part of a children’s product is limited to associated with substantially reducing 1. For products and materials that 300 ppm as of August 14, 2009, and 100 lead in children’s products. The currently meet the 100 ppm lead ppm of lead as of August 14, 2011, reduction can be for a product or content limit, provide: unless the Commission determines that product category. This notice requests (i) information and test data regarding it is not technologically feasible to have comment and information on the products or materials, including metals, this lower limit for a product or product technological feasibility of meeting the plastics, glass, or recycled materials that category. The Commission may make 100 ppm lead content limit for are at or below the 100 ppm lead such a determination only after notice children’s products. content limit (specify which materials and a hearing and after analyzing the were tested, the number of tests DATES: Written comments and public health protections associated conducted for each material and, for submissions in response to this notice with substantially reducing lead in each material, the percentage of tests must be received by September 27, children’s products. If the Commission that exceed 100 ppm, if any); 2010. determines that the 100 ppm lead (ii) information and data on industrial ADDRESSES: You may submit comments, content limit is not technologically identified by Docket No. CPSC–2010– feasible for a product or product strategies or devices, if any, that have 0080, by any of the following methods: category, the Commission shall, by enabled the manufacturer to comply regulation, establish the lowest amount with the 100 ppm lead content limit Electronic Submissions below 300 ppm that it determines is (specify the methodologies used for Submit electronic comments in the technologically feasible. each material); following way: Federal eRulemaking Unless granted a specific exclusion or (iii) information and data on the Portal: http://www.regulations.gov. determination under the Commission’s impact, if any, the use of materials that Follow the instructions for submitting regulations at 16 CFR 1500.87 through are compliant with the 100 ppm lead comments. To ensure timely processing 1500.91, children’s products, including content limit, has on the functional or of comments, the Commission is no the components parts of children’s safety requirements specified for the longer accepting comments submitted products, are subject to the lead limits product or product category (specify by electronic mail (e-mail) except and also to the testing and certification which materials were used); and through http://www.regulations.gov. requirements of section 14(a)(2) of the 2. For products and materials that Consumer Product Safety Act (‘‘CPSA’’). currently do not meet the 100 ppm lead Written Submissions (15 U.S.C. 2063(a)(2)). content limit, but do meet the 300 ppm Submit written submissions in the Through this notice, the Commission lead content limit, provide: following way: Mail/Hand delivery/ invites comment and seeks information (i) information and test data showing Courier (for paper, disk, or CD–ROM concerning the technological feasibility the lead content of such products or submissions), preferably in five copies, of meeting the 100 ppm lead content materials, including metals, plastics, to: Office of the Secretary, Consumer limit for children’s products that are not glass, or recycled materials (specify Product Safety Commission, Room 502, otherwise excluded from the lead limits. which materials were tested, the 4330 East West Highway, Bethesda, MD Section 101(d) of the CPSIA (15 U.S.C number of tests conducted for each 20814; telephone (301) 504–7923. 1278a(d)) provides that a lead limit shall material and, for each material, the lead Instructions: All submissions received be deemed technologically feasible with content of the material, and the must include the agency name and regard to a product or product category percentage of tests that are at or below docket number for this notice. All if: 100 ppm, if any); comments received may be posted (1) a product that complies with the limit (ii) information and data on whether without change, including any personal is commercially available in the product such products or materials could be identifiers, contact information, or other category; made compliant with the 100 ppm lead personal information provided, to (2) technology to comply with the limit is content limit through the use of http://www.regulations.gov. Do not commercially available to manufacturers or is different products or materials;

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(iii) information and data on the 102–3.140 through 102–3.165, will be FOR FURTHER INFORMATION CONTACT: Maj strategies or devices, alternative presented and discussed by the Michael Warner, USAF Military practices, best practices, or other membership of the Defense Science Assistant, Defense Science Board, 3140 operational changes that may be used to Board prior to being presented to the Defense Pentagon, Room 3B888A, enable the manufacturer to comply with Government’s decision maker. Washington, DC 20301–3140, via e-mail the 100 ppm lead content limit; Pursuant to 41 CFR 102–3.120 and at [email protected], or via (iv) information and data on the 102–3.150, the Designated Federal phone at (703) 571–0081. lowest lead content limit under 300 Officer for the Defense Science Board ppm that is technologically feasible for will determine and announce in the SUPPLEMENTARY INFORMATION: The such products or materials; and Federal Register when the findings and mission of the Defense Science Board is (v) the date(s) by which such products recommendations of the September 13– to advise the Secretary of Defense and and materials could be expected to meet 14 and 25 and 26 meetings are the Under Secretary of Defense for the 100 ppm lead content limits. deliberated by the Defense Science Acquisition, Technology & Logistics on The Commission also seeks comment Board. scientific and technical matters as they on any other factors that could affect Interested persons may submit a affect the perceived needs of the compliance with this requirement. written statement for consideration by Department of Defense. These meetings Dated: July 21, 2010. the Defense Science Board. Individuals will identify how DoD intelligence can Todd A. Stevenson, submitting a written statement must most effectively support COIN Secretary, Consumer Product Safety submit their statement to the Designated operations and what emerging science Commission. Federal Official (see FOR FURTHER and technology would have the greatest [FR Doc. 2010–18361 Filed 7–26–10; 8:45 am] INFORMATION CONTACT), at any point, intelligence potential in this type of BILLING CODE 6355–01–P however, if a written statement is not warfare. received at least 10 calendar days prior to the meeting, which is the subject of The task force’s findings and recommendations, pursuant to 41 CFR DEPARTMENT OF DEFENSE this notice, then it may not be provided to or considered by the Defense Science 102–3.140 through 102–3.165, will be Office of the Secretary Board. The Designated Federal Official presented and discussed by the will review all timely submissions with membership of the Defense Science Defense Science Board; Task Force on the Defense Science Board Chairperson, Board prior to being presented to the Nuclear Treaty Monitoring and and ensure they are provided to Government’s decision maker. Verification members of the Defense Science Board Pursuant to 41 CFR 102–3.120 and AGENCY: Department of Defense (DoD). before the meeting that is the subject of 102–3.150, the Designated Federal ACTION: Notice of advisory committee this notice. Officer for the Defense Science Board meetings. Dated: July 22, 2010. will determine and announce in the Mitchell S. Bryman, Federal Register when the findings and SUMMARY: The Defense Science Board Alternate OSD Federal Register Liaison recommendations of the August 24–26 Task Force on Nuclear Treaty Officer, Department of Defense. and September 21–23 meetings are Monitoring and Verification will meet deliberated by the Defense Science in closed session September 13–14, and [FR Doc. 2010–18315 Filed 7–26–10; 8:45 am] Board. 25–26, 2010, in Arlington, VA. BILLING CODE 5001–06–P DATES: The meetings will be held Interested persons may submit a written statement for consideration by September 13–14, and 25–26, 2010. DEPARTMENT OF DEFENSE ADDRESSES: The meetings will be held at the Defense Science Board. Individuals Science Applications International Office of the Secretary submitting a written statement must Corporation, 4001 North Fairfax Drive, submit their statement to the Designated Suite 300, Arlington, VA. Defense Science Board; Task Force on Federal Official (see FOR FURTHER FOR FURTHER INFORMATION CONTACT: Maj. Counter Insurgency (COIN) INFORMATION CONTACT), at any point, Michael Warner, USAF Military Intelligence, Surveillance and however, if a written statement is not Assistant, Defense Science Board, 3140 Reconnaissance (ISR) Operations received at least 10 calendar days prior to the meeting, which is the subject of Defense Pentagon, Room 3B888A, AGENCY: Department of Defense (DoD). Washington, DC 20301–3140, via e-mail this notice, then it may not be provided at [email protected], or via ACTION: Notice of advisory committee to or considered by the Defense Science phone at (703) 571–0081. meetings. Board. The Designated Federal Official SUPPLEMENTARY INFORMATION: The SUMMARY: The Defense Science Board will review all timely submissions with mission of the Defense Science Board is Task Force on Counter Insurgency the Defense Science Board Chairperson, to advise the Secretary of Defense and (COIN) Intelligence, Surveillance and and ensure they are provided to the Under Secretary of Defense for Reconnaissance (ISR) Operations will members of the Defense Science Board Acquisition, Technology & Logistics on meet in closed session on August 24–26, before the meeting that is the subject of scientific and technical matters as they and September 21–23, 2010, in this notice. affect the perceived needs of the Arlington, VA. Department of Defense. These meetings Dated: July 22, 2010. DATES: The meetings will be held will research and summarize Mitchell S. Bryman, August 24–26, and September 21–23, anticipated directions in Alternate OSD Federal Register Liaison 2010. nonproliferation and arms control Officer, Department of Defense. agreements and the environments in ADDRESSES: The meetings will be held at [FR Doc. 2010–18316 Filed 7–26–10; 8:45 am] which they might be implemented. Science Applications International BILLING CODE 5001–06–P The task force’s findings and Corporation, 4001 North Fairfax Drive, recommendations, pursuant to 41 CFR Suite 300, Arlington, VA.

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DEPARTMENT OF DEFENSE Federal Official (see FOR FURTHER Mr. Brad Bunn, Director, DLA Human INFORMATION CONTACT), at any point, Resources (Non-Voting Member); Office of the Secretary however, if a written statement is not Ms. Mae DeVincenis, Acting Director, received at least 10 calendar days prior DLA Logistics Operations; Defense Science Board; Task Force on to the meeting, which is the subject of Ms. Nancy Heimbaugh, Director, DLA Trends and Implications of Climate this notice, then it may not be provided Acquisitions. Change for National and International to or considered by the Defense Science A.S. Thompson, Security Board. The Designated Federal Official Vice Admiral, Director. AGENCY: Department of Defense (DoD). will review all timely submissions with the Defense Science Board Chairperson, [FR Doc. 2010–18200 Filed 7–26–10; 8:45 am] ACTION: Notice of advisory committee BILLING CODE M meetings. and ensure they are provided to members of the Defense Science Board SUMMARY: The Defense Science Board before the meeting that is the subject of Task Force on Trends and Implications this notice. DEPARTMENT OF EDUCATION of Climate Change for National and Dated: July 22, 2010. Submission for OMB Review; International Security will meet in Mitchell S. Bryman, Comment Request closed session August 18–19, and Alternate OSD Federal Register Liaison September 20–21, 2010, in Arlington, Officer, Department of Defense. AGENCY: Department of Education. SUMMARY: The Acting Director, VA. [FR Doc. 2010–18317 Filed 7–26–10; 8:45 am] Information Collection Clearance DATES: The meetings will be held BILLING CODE 5001–06–P Division, Regulatory Information August 18–19, and September 20–21, Management Services, Office of 2010. DEPARTMENT OF DEFENSE Management invites comments on the ADDRESSES: The meetings will be held at submission for OMB review as required Strategic Analysis, Inc., 4075 Wilson Defense Logistics Agency by the Paperwork Reduction Act of 1995 Boulevard, Suite 350, Arlington, VA. (Pub. L. 104–13). FOR FURTHER INFORMATION CONTACT: Maj Membership of the Defense Logistics DATES: Interested persons are invited to Michael Warner, USAF Military Agency (DLA) Senior Executive submit comments on or before August Assistant, Defense Science Board, 3140 Service (SES) Performance Review 26, 2010. Defense Pentagon, Room 3B888A, Board (PRB) ADDRESSES: Written comments should Washington, DC 20301–3140, via e-mail AGENCY: DLA. be addressed to the Office of at [email protected], or via Information and Regulatory Affairs, ACTION: phone at (703) 571–0081. Notice of membership—2010 Attention: Education Desk Officer, SUPPLEMENTARY INFORMATION: The DLA PRB. Office of Management and Budget, 725 mission of the Defense Science Board is SUMMARY: This notice announces the 17th Street, NW., Room 10222, New to advise the Secretary of Defense and appointment of members to the DLA Executive Office Building, Washington, the Under Secretary of Defense for SES Performance Review Board (PRB). DC 20503, be faxed to (202) 395–5806 or Acquisition, Technology & Logistics on e-mailed to The publication of PRB composition is _ scientific and technical matters as they required by 5 U.S.C. 4314(c)(4). The oira [email protected] with a affect the perceived needs of the PRB provides fair and impartial review cc: to [email protected]. Department of Defense. These meetings of SES performance appraisals and SUPPLEMENTARY INFORMATION: Section will bring together the information and makes recommendations to the Director, 3506 of the Paperwork Reduction Act of views from multiple government and DLA, with respect to pay level 1995 (44 U.S.C. Chapter 35) requires other organizations to provide a adjustments and performance awards that the Office of Management and comprehensive picture of the current and other actions related to management Budget (OMB) provide interested situation, known unknowns and of the SES cadre. Federal agencies and the public an early emerging trends. opportunity to comment on information The task force’s findings and DATES: Effective Date: September 16, 2010. collection requests. The OMB is recommendations, pursuant to 41 CFR particularly interested in comments 102–3.140 through 102–3.165, will be ADDRESSES: Defense Logistics Agency, which: presented and discussed by the 8725 John J. Kingman Road, Suite 2533, • Evaluate whether the proposed membership of the Defense Science Fort Belvoir, Virginia 22060–6221. collection of information is necessary Board prior to being presented to the FOR FURTHER INFORMATION CONTACT: for the proper performance of the Government’s decision maker. Ms. Lisa Novajosky, SES Program functions of the agency, including Pursuant to 41 CFR 102–3.120 and Manager, DLA Human Resources (J–14), whether the information will have 102–3.150, the Designated Federal Defense Logistics Agency, (703) 767– practical utility; Officer for the Defense Science Board 6447. • Evaluate the accuracy of the will determine and announce in the agency’s estimate of the burden of the Federal Register when the findings and SUPPLEMENTARY INFORMATION: In proposed collection of information, recommendations of the August 18–19 accordance with 5 U.S.C. 4314(c)(4), the including the validity of the and September 20–21 meetings are following are the names and titles of methodology and assumptions used; deliberated by the Defense Science DLA career executives appointed to • Enhance the quality, utility, and Board. serve as members of the SES PRB. clarity of the information to be Interested persons may submit a Members will serve a 12-month term, collected; and written statement for consideration by which begins on September 16, 2010. • Minimize the burden of the the Defense Science Board. Individuals PRB Chair: Mr. J. Anthony Poleo, collection of information on those who submitting a written statement must Director, DLA Finance. are to respond, including through the submit their statement to the Designated Members: use of appropriate automated,

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electronic, mechanical, or other DEPARTMENT OF ENERGY Washington, DC 20585; Telephone (202) technological collection techniques or 586–0319. other forms of information technology. Convention on Supplementary SUPPLEMENTARY INFORMATION: Compensation for Nuclear Damage Dated: July 22, 2010. Contingent Cost Allocation I. Background Stephanie Valentine, On September 12, 1997, the Acting Director, Information Collection AGENCY: Department of Energy. Clearance Division, Regulatory Information Convention on Supplementary Management Services, Office of Management. ACTION: Notice of inquiry and request for Compensation for Nuclear Damage was comment. adopted by a diplomatic conference Office of Special Education and convened by the International Atomic Rehabilitative Services SUMMARY: The Department of Energy Energy Agency (‘‘IAEA’’).1 The CSC (‘‘Department’’ or ‘‘DOE’’) is seeking Type of Review: Extension. provides the basis for a global nuclear comment and information from the liability regime. Such a regime is an Title of Collection: Protection and public to assist in its development of essential element of the infrastructure Advocacy for Assistive Technology regulations pertaining to section 934 of necessary to support the expanded use (PAAT) Program Assurances. the Energy Independence and Security of nuclear power around the world to OMB #: 1820–0658. Act of 2007 (‘‘Act’’). Section 934 meet the challenges of climate change, Agency Form Number(s): N/A. addresses how the United States will energy security, and economic growth. meet its obligations under the The CSC provides consistent rules for Frequency of Responses: Annually. Convention on Supplementary dealing with legal liability resulting Affected Public: Not-for-profit Compensation for Nuclear Damage from a nuclear incident and ensures institutions; State, Local, or Tribal (‘‘Convention’’ or ‘‘CSC’’) and, in prompt availability of meaningful Gov’t, SEAs or LEAs. particular, its obligation to contribute to compensation for the nuclear damage Estimated Number of Annual an international supplementary fund in resulting from any such incident. A Responses: 57. the event of certain nuclear incidents. major feature of the CSC is the creation Estimated Annual Burden Hours: 9. Section 934 authorizes the Secretary of of an ‘‘international supplementary Energy (‘‘Secretary’’) to issue regulations fund,’’ which provides an additional tier Abstract: This information collection establishing a retrospective risk pooling instrument will be used by grantees to of compensation not otherwise available program by which nuclear suppliers under a State’s national law and to request funds to carry out the PAAT will reimburse the United States program. PAAT is mandated by the which each Party to the Convention government for its contribution to the (‘‘Contracting Party’’) contributes in the Assistive Technology Act of 1998, as international supplementary fund. The amended in 2004 (AT Act), to provide event of certain nuclear incidents. Department’s regulations to implement In the event of a nuclear incident, the protection and advocacy services to the retrospective risk pooling program CSC provides a two-tiered individuals with disabilities for the are the subject of this notice. compensation system based on: (1) A purposes of assisting in the acquisition, Contracting Party’s national law; and utilization, or maintenance of assistive DATES: Interested persons must submit (2) the international supplementary technology or assistive technology written comments by September 27, fund. The first tier is provided by funds services. 2010. available under the laws of the State Requests for copies of the information ADDRESSES: Comments may be where the nuclear installation involved collection submission for OMB review submitted electronically by e-mailing is located, or under whose authority the may be accessed from the RegInfo.gov them to: installation is operated (‘‘Installation Web site at http://www.reginfo.gov/ [email protected]. State’’). The first tier amount is set at a public/do/PRAMain or from the We note that e-mail submissions will minimum of 300 million Special Department’s Web site at http:// avoid delay associated with security Drawing Rights (‘‘SDRs’’).2 In the event edicsweb.ed.gov, by selecting the screening of U.S. Postal Service mail. that the first tier is inadequate to ‘‘Browse Pending Collections’’ link and Also, written comments should be compensate all nuclear damage, a by clicking on link number 4306. When addressed to Sophia Angelini, Attorney- second tier would be provided via the you access the information collection, Advisor, Office of the General Counsel international supplementary fund to click on ‘‘Download Attachments’’ to for Civilian Nuclear Programs, GC–52, which all Contracting Parties would view. Written requests for information U.S. Department of Energy, 1000 contribute, including the Installation should be addressed to U.S. Department Independence Avenue, SW., of Education, 400 Maryland Avenue, Washington, DC 20585. The Department 1 The full text of the Convention on SW., LBJ, Washington, D.C. 20202– requires, in hard copy, a signed original Supplementary Compensation for Nuclear Damage 4537. Requests may also be and three copies of all comments. is available at http://www.iaea.org/Publication/ electronically mailed to the Internet Copies of the written comments Documents/Infircs/1998/infcirc567.shtml. A detailed interpretation of the CSC and its provisions address [email protected] or faxed to received and any other docket material is contained in ‘‘The 1997 Vienna Convention on 202–401–0920. Please specify the may be reviewed on the Web site Civil Liability for Nuclear Damage and the 1997 complete title and OMB Control specifically established for this Convention on Supplementary Compensation for Number of the information collection proceeding. The Internet Web site is: Nuclear Damage—Explanatory Texts,’’ International Atomic Energy Agency (IAEA) (‘‘Explanatory when making your request. http://gc.doe.gov/ Texts’’). International Law Series No. 3 (2007). The Individuals who use a civilian_nuclear_programs.htm. Explanatory Texts is available at http://www- pub.iaea.org/MTCD/publications/PDF/ telecommunications device for the deaf FOR FURTHER INFORMATION CONTACT: Pub1279_web.pdf . (TDD) may call the Federal Information Sophia Angelini, Attorney-Advisor, 2 SDR is the unit of account defined by the Relay Service (FIRS) at 1–800–877– Office of the General Counsel for International Monetary Fund (‘‘IMF’’) and used by 8339. the IMF for its own operations and transactions. As Civilian Nuclear Programs, GC–52, U.S. of May 2010, 1 SDR equaled about $1.50 dollars; [FR Doc. 2010–18374 Filed 7–26–10; 8:45 am] Department of Energy, 1000 therefore, 300 million SDRs would equal roughly BILLING CODE 4000–01–P Independence Avenue, SW., $450 million dollars.

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State that provided the first tier. This the international supplementary fund. under the Price-Anderson Act; or (ii) obligation arises when, and to the extent (The first tier of compensation would be shift to Federal taxpayers liability risks that, second tier funds are actually funded pursuant to the governing for nuclear incidents at foreign required, with no obligation to United States law for nuclear incidents, installations.’’ 934(a)(1)(H)(i) and (ii). contribute if claims can be satisfied the PAA.) Funds available under the With respect to a nuclear incident from the first tier. The second tier PAA would be used to pay the United covered by the PAA (‘‘Price-Anderson amount is not preset, but instead is States contribution to the international incident’’), ‘‘funds already available calculated based on a formula that takes supplementary fund for nuclear under the [PAA] should be used’’ for into account the installed capacity of all incidents that are covered by the PAA. contributions due under the Contracting Parties and their United 934(c) and (d). For nuclear incidents Convention. 934(a)(1)(I). With respect to Nations (‘‘UN’’) rate of assessment at the that are not covered by the PAA, section a nuclear incident outside the United time of the incident. If countries with 934 establishes a new risk pooling States not covered by the PAA, ‘‘a most of the current installed capacity program for nuclear suppliers to pay the retrospective premium should be join the Convention, the second tier will United States contribution to the prorated among nuclear suppliers’’ with amount to approximately 300 million international supplementary fund. The contingent costs allocated equitably, on SDRs, which, in conjunction with the risk pooling program involves a the basis of risk. 934(a)(1)(J) and first tier, would guarantee a total of premium to be assessed retrospectively 934(a)(2)(B). In sum, the United States approximately 600 million SDRs for (i.e., a deferred payment) based on a contribution under the Convention will compensation. risk-informed formula taking into be funded either from existing PAA In 2007, Congress passed the Energy account specified risk factors in funds or the new retrospective risk Independence and Security Act of 2007 conjunction with exclusionary criteria. pooling program for nuclear suppliers. (Pub. L. 110–140), which includes 934(e). This notice of inquiry (‘‘NOI’’) is In no case would a nuclear reactor section 934 (‘‘Convention on focused only on regulations to be operator that contributes to the PAA Supplementary Compensation for promulgated by the Department to pooling program be required also to Nuclear Damage Contingent Cost implement the new retrospective risk contribute to the new retrospective Allocation’’) (42 U.S.C. 17373). Section pooling program for nuclear suppliers. pooling program. Because section 934 is 934 implements the Convention in the A section by section explanation of clear on this point, and imposes no United States. Congress found that the section 934 is provided in the Appendix requirements on nuclear reactor Convention benefits United States to this notice. operators covered by the PAA, the nuclear suppliers by replacing their statute preserves the existing II. Discussion of Section 934 and potentially open-ended liability with a compensation system under the PAA. Request for Public Comment predictable liability regime, and, in Accordingly, it is not necessary for effect, insurance for nuclear damage A. Overview either the Department or the NRC to arising from incidents not covered by issue implementing regulations to the Price-Anderson Act (‘‘PAA’’).3 The The Department is issuing this NOI to provide an opportunity for public input effectuate how and when PAA funds Department and the Nuclear Regulatory will be used to cover a contribution Commission (‘‘NRC’’) are authorized to as the Department develops a rule to implement a retrospective risk pooling under the Convention. issue implementing regulations, as The Department believes that, on this program for nuclear suppliers to fund necessary and appropriate. 934(l). The point, the operation of the PAA under the United States contribution to the combined operation of the CSC, PAA, the Convention is clear and self- international supplementary fund and section 934 assures funding for executing; however, the Department victims in a wider variety of nuclear required by the Convention. This NOI discusses the major topics invites comments if there is any incidents, while reducing potential question in this regard. liability of United States nuclear related to the implementation of section suppliers and without increasing 934 by the Department, including: (1) C. Definitions potential costs to United States nuclear Operation of the PAA system; (2) Subsection 934(b) provides reactor operators. 934(a)(1). pertinent definitions in section 934(b); definitions for certain terms used in the Section 934 sets forth the means by (3) the retrospective risk pooling Act. In its regulation, the Department which the United States will contribute program and deferred payment in intends to include the terms defined in to the second tier of compensation subsection 934(e)(2); (4) the risk- the statute, as well as other key terms required under the Convention, that is, informed assessment formula in necessary to implement the statute. The subsection 934(e)(2)(C)(i) and factors for Department views some of the terms 3 The Price-Anderson Act (‘‘Price-Anderson’’ or consideration in subsection defined in subsection 934(b) as being ‘‘PAA’’), section 170 of the Atomic Energy Act of 934(e)(2)(C)(ii); (5) reporting 1954, as amended (‘‘AEA’’), 42 U.S.C. 2210, is the clear and to not require additional national law governing compensation for victims of requirements in subsection 934(f); and clarification. Those terms include: nuclear incidents occurring within the United (6) payments to and by the United States ‘‘Commission’’ at subsection 934(b)(1); States. The PAA provides that owners of in subsection 934(h). commercial reactors must assume all liability for ‘‘Convention’’ at subsection 934(b)(3); nuclear damages awarded to the public; each B. Operation of the Price-Anderson and ‘‘Secretary’’ at subsection 934(b)(9). licensed reactor must carry primary financial System Other terms in section 934, although protection in the amount of the maximum liability defined, are less clear in their insurance available, currently $375 million U.S. Section 934 is clear in its findings and application or interpretation such that dollars, and damages exceeding that amount would purpose that the existing legal and clarification may be necessary. For be assessed equally against all commercial reactors operational framework of the PAA is not (currently 104 reactors) covered by the PAA under example, while the term ‘‘nuclear affected by the compensation system a retrospective premium requirement pooling supplier’’ is defined at subsection program. The PAA also provides indemnification established by the Convention. 934(b)(7),4 that term is potentially very for public liability in the event of a nuclear incident Subsection 934(a) specifies that resulting from activities conducted for or on behalf of DOE, including a nuclear incident outside the contributions under the Convention 4 The term ‘‘nuclear supplier’’ means a covered United States involving U.S.-owned nuclear cannot ‘‘(i) upset settled expectations person (or a successor in interest of a covered material. based on the liability regime established person) that—

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broad in scope, complex, and subject to calculation of such costs. Therefore, the indemnification in the case of ‘‘public interpretation. As to this definition and current approach is to define this term liability,’’ where public liability is others below, the Department requests consistent with the Act and the defined as, in pertinent part, ‘‘any legal comments on how implementation of Convention. Nonetheless, the liability arising out of or resulting from section 934 would be facilitated by Department invites comments as to a nuclear incident or precautionary further clarification and consideration related clarifications that should be evacuation * * * ’’ (AEA subsection in the regulation. If a commenter incorporated in its regulation. 11w. (42 U.S.C. 2014w.)), and believes that clarifications should be The term ‘‘covered incident,’’ defined ‘‘precautionary evacuation’’ is defined provided in the Secretary’s regulation as at subsection 934(b)(4), means a nuclear as, in pertinent part, a government to the terms below, or any other terms, incident ‘‘the occurrence of which ordered ‘‘evacuation of the public within the commenter is requested to explain results in a request for funds pursuant a specific area near a nuclear facility, or why and, if possible, provide suggested to Article VII.’’ Funds may be requested the transportation route in the case of an language. under Article VII when a nuclear accident involving transportation of The term ‘‘contingent cost,’’ defined at incident results in nuclear damage that source material, special nuclear subsection 934(b)(2),5 means the cost to exceeds the first-tier contribution material, byproduct material, high-level the United States in the event of a amount. Generally, a covered incident is radioactive waste, spent nuclear fuel, or covered incident, which is equal to the a nuclear incident occurring in the transuranic waste * * * if the amount the United States is obligated to territory of a Contracting Party or during evacuation is—(1) the result of any make available under paragraph 1(b) of transportation to or from a Contracting event that is not classified as a nuclear Article III of the Convention (i.e., the Party. incident but poses imminent danger of international supplementary fund) Because section 934 defines neither bodily injury or property damage pursuant to Article VII. As the ‘‘nuclear incident’’ nor ‘‘nuclear ***.’’ AEA subsection 11gg. (42 U.S.C. definition implies, the cost to the damage,’’ terms which are essential to an 2014gg.). The definitions of ‘‘preventive United States in the event of a covered understanding of what constitutes a measures’’ under the Convention and incident (a nuclear incident within the covered incident, DOE believes that it is ‘‘precautionary evacuation’’ under the scope of the Convention) is contingent, necessary to look to the Convention and PAA are similar in scope and effect. and thus only paid under specified existing law to determine the proper Thus, when the AEA definitions of circumstances. Those circumstances interpretation and meaning of a covered nuclear incident, public liability, and and the amount of the payment are incident under the Act. The Convention precautionary evacuation are read governed by the Convention, primarily defines both nuclear incident and together the net effect is that a nuclear Articles IV, VI and VII. nuclear damage; the AEA defines incident under the Convention is The formula for calculating the nuclear incident. comparable to a nuclear incident under amount of the international The Convention, Article I.(i), defines the PAA. Notwithstanding this supplementary fund is contained in ‘‘nuclear incident’’ as ‘‘any occurrence or comparability, in accordance with Article IV, and is based upon: series of occurrences having the same Article 2.2 of the Annex to the (1) Nuclear generating capacity (thermal origin which causes nuclear damage or, Convention (‘‘Annex’’), which permits power shown at the date of the nuclear but only with respect to preventive the United States to use its existing incident in a list of nuclear installations measures, creates a grave and imminent domestic framework for dealing with established under Article VIII); and threat of causing such damage.’’ This liability for nuclear damage, the United (2) UN assessment rate. Article IV.1(c) definition of nuclear incident includes States expects to use the PAA definition establishes a cap on contributions by incidents of actual nuclear damage, and, of a nuclear incident in connection with any Contracting Party, other than the in the absence of an actual release of Price-Anderson incidents and the CSC Installation State, per nuclear incident radiation, damages incident to definition of nuclear incident in equal to the Contracting Party’s UN rate preventive measures taken only in connection with incidents that are not of assessment plus 8 percentage points response to a grave and imminent threat Price-Anderson incidents when of the fund as a whole. For the United of a release of radiation that could cause implementing the Act. States, the contribution is capped other types of nuclear damage. Under The Department requests comments initially at 28% (UN rate of assessment the AEA, subsection 11q. (42 U.S.C. on whether and how it may need to of 20%, plus 8%) or less than one-third 2014q.), a ‘‘nuclear incident’’ is defined further clarify those terms in its of the international supplementary as, in pertinent part, ‘‘any occurrence, regulation. fund. As more generating States become including an extraordinary nuclear In a similar vein, although the term Contracting Parties, the cap will occurrence, within the United States ‘‘nuclear damage’’ is defined in the increase, while the United States causing, within or outside the United Convention, the Annex provides a contribution percentage will decrease. States, bodily injury, sickness, disease, mechanism for the United States to The Department believes that the or death, or loss of or damage to apply a definition of nuclear damage definition of ‘‘contingent cost’’ is exact property, or loss of use of property, consistent with both the Convention both as to when the cost is triggered and arising out of or resulting from the and the PAA. For incidents outside the as to the required methodology for radioactive, toxic, explosive, or other United States not covered by the PAA, hazardous properties of source, special the United States expects to apply the (A) Supplies facilities, equipment, fuel, services, nuclear, or byproduct material.’’ Like the definition of nuclear damage under the or technology pertaining to the design, Convention, the PAA definition of Convention, Article I.(f). For incidents construction, operation, or decommissioning of a covered installation; or nuclear incident centers on the inside the United States covered by the (B) Transports nuclear materials that could result occurrence of injury or damage to PAA, the United States expects to apply in a covered incident. persons or property directly caused by the definition of nuclear damage in 5 The term ‘‘contingent cost’’ means the cost to the the incident. Unlike the Convention, the Annex Article 2.2(a). United States in the event of a covered incident the definition of nuclear incident in the The Department requests comments amount of which is equal to the amount of funds the United States is obligated to make available PAA does not expressly include damage on whether or how it may need to under paragraph 1(b) of Article III of the incident to preventive measures. further clarify those terms in its Convention. However, the PAA provides for regulation.

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Nuclear damage is defined in the The term ‘‘covered installation,’’ ‘‘covered installation’’ consistent with Convention, Article I.(f), as loss of life defined at subsection 934(b)(5), means a the PAA and the definition of nuclear or personal injury, loss of or damage to nuclear installation at which the installation found in the Annex Article property and, to the extent determined occurrence of a nuclear incident could 2. For covered incidents outside the by the law of a competent court, five result in a request for funds under United States not covered by the PAA, categories of damages relating to Article VII of the Convention and thus the Department’s current approach impairment of the environment such as trigger the obligation to contribute to the would be to use the definition of costs of measures of reinstatement, loss international supplementary fund. The nuclear installation applicable under of income, costs of preventive measures, Department views this definition as the CSC to determine a covered and other economic loss that must be clear, except that it is dependent upon installation. The Department requests treated as nuclear damage. The types of an understanding of the term ‘‘nuclear comments on whether or how it may nuclear damage covered by the installation.’’ The term ‘‘nuclear need to further clarify those terms in its Convention are thus divided into two installation’’ is not defined in section regulation. categories: Those which must be 934 or the AEA. The CSC generally uses The term ‘‘covered person,’’ is defined compensated (loss of life, personal the definition set forth in the Paris at subsection 934(b)(6) as: (i) A United injury, and property loss or damage) and Convention on Third Party Liability in States person; and (ii) an individual or those that are to be compensated ‘‘to the the Field of Nuclear Energy of 29 July entity (including an agency or extent determined by the law of the 1960 (‘‘Paris Convention’’), the Vienna instrumentality of a foreign country) competent court.’’ Article I.(f)(ii). This Convention on Civil Liability for that—(I) is located in the United States; or (II) carries out an activity in the provides the competent court flexibility Nuclear Damage of 21 May 1963 United States. The term does not in determining under national law how (‘‘Vienna Convention’’) or Article 1(b) of include—(i) the United States; or (ii) to compensate economic loss that does the Annex, depending on which any agency or instrumentality of the not fall into the category of ‘‘loss or instrument is applicable to a particular United States. The definition of damage to property.’’ nuclear incident. Article 2.2(b) of the ‘‘covered person’’ incorporates another Under Annex Article 2.2, the United Annex, however, permits the United defined term, ‘‘United States person,’’ States (the only country able to meet the States to apply the definition of ‘‘nuclear which is defined at subsection conditions of Annex Article 2.2) may installation’’ set forth at Article 2.3 of 934(b)(11) as: (1) Any individual who is define nuclear damage as set forth in the Annex to the exclusion of the a United States resident, national or Article I.(f) of the Convention, or as set definition at Article 1.1(b) of the Annex. citizen (other than an individual forth in Annex Article 2.2(a). Annex Thus, for covered incidents within the residing outside the United States and Article 2.2(a) defines nuclear damage as ‘‘ ’’ United States, nuclear installation is not employed by a United States including, in addition to that identified defined at Annex Article 2.3 to mean: a) person); and (2) any entity that is in Article I.(f) of the Convention, ‘‘any Any civil nuclear reactor other than one organized under the laws of the United other loss or damage to the extent that with which a means of sea or air States. the loss or damage arises out of or transport is equipped for use as a source Read together, these definitions results from the radioactive properties, of power, whether for propulsion provide a frame of reference for the type or a combination of radioactive thereof or any other purpose; and b) any of individual or entity that would properties with toxic, explosive or other civil facility for processing, reprocessing constitute a ‘‘covered person’’ under the hazardous properties of nuclear fuel or or storing: (i) Irradiated nuclear fuel; or Act and the DOE’s regulation. The radioactive products or waste in, or of (ii) radioactive products or waste that: Department’s current approach would nuclear material coming from, (1) Result from the reprocessing of be to interpret ‘‘covered person,’’ to be originating in, or sent to, a nuclear irradiated nuclear fuel and contain either: (1) Any individual who is a installation; or other ionizing radiation significant amounts of fission products; United States resident, national, or emitted by any source of radiation or (2) contain elements that have an citizen (other than the non-resident who inside a nuclear installation, provided atomic number greater than 92 in is not employed by a United States that such application does not affect the concentrations greater than 10 nano- person); or (2) any entity organized undertaking by that Contracting Party curies per gram; or (c) any other civil under the laws of the United States; or pursuant to Article III of this facility for processing, reprocessing, or (3) any individual or entity—including Convention.’’ The latter definition of storing nuclear material unless the an agency or instrumentality of a foreign nuclear damage (i.e., at Annex Article Contracting Party determines the small country—to the extent that it is either 2.2(a)) is consistent with the PAA extent of the risks involved with such located in or carries out an activity in approach of compensating victims for an installation warrants the exclusion of the United States. The Department ‘‘bodily injury, sickness, disease or such facility from the definition. In the currently expects to define a covered death, or loss of or damage to property, context of the CSC, the United States person in the broadest manner as or loss of use of property, arising out of interprets this definition of ‘‘nuclear including, for example, any individual or resulting from the radioactive, toxic, installation’’ to cover reactors and or entity, whether of foreign origin or explosive, or other hazardous properties facilities for which the primary purpose domestic, that carries out any activity in of source, special nuclear, or byproduct is processing, reprocessing, or storing the United States that is determined to material.’’ AEA subsection 11q. (42 spent fuel, high-level radioactive waste, provide an appropriate basis for U.S.C. 2014q.). Accordingly, the United or highly radioactive TRU waste. The allocating the contingent costs. States would use this broader definition United States further interprets this However, a covered person would not for Price-Anderson incidents within the definition of ‘‘nuclear installation’’ as be the United States itself or any agency United States when implementing the excluding all non-DOE nuclear facilities or instrumentality of the United States. Act. to which the NRC has decided not to The Department believes these The Department requests comments extend Price-Anderson indemnification. definitions, although broad in scope, are on whether or how it may need to For covered incidents within the United clear and that there is a common further clarify those terms in its States, the Department’s current understanding of how they are to be regulation. approach would be to define the term interpreted and applied. Nevertheless,

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the Department requests public incidents outside the scope of the PAA States, to exercise its jurisdiction in the comment on whether additional (where contingent costs would be case of a covered incident that occurs clarification may be necessary in its covered by United States nuclear during transport of nuclear material regulation. suppliers). For covered incidents that within its EEZ or in maritime areas The term ‘‘nuclear supplier,’’ defined are also PAA incidents (e.g., either a beyond the territorial seas under the at subsection 934(b)(7), means a covered nuclear incident in the United States, or conditions specified in Article V of the person (or its successor in interest) that a nuclear incident outside the United Convention. The Department believes (A) supplies facilities, equipment, fuel, States involving a DOE contractor and this definition is clear; however, the services, or technology pertaining to the U.S.-owned nuclear material), the PAA Department requests public comment on design, construction, operation, or would be used to fund the United States whether additional clarification may be decommissioning of a covered contribution to the international necessary. installation, or (B) transports nuclear supplementary fund. For a covered In sum, the Department requests materials that could result in a covered incident that does not constitute a PAA comment as to whether implementation incident. The definition of ‘‘nuclear incident, such as a nuclear incident of section 934 would be facilitated by supplier’’ refers to a covered person or occurring in the territory of a the Department further clarifying any of its successor that either: (1) Provides Contracting Party that does not involve the foregoing terms or any other terms goods or services to a covered U.S.-owned nuclear material, the United in its regulations. installation (where a nuclear incident States contribution would be provided D. Retrospective Risk Pooling Program could trigger an Article VII request for by the United States nuclear suppliers funds); or (2) engages in a shipment of that must participate in the Subsection 934(e) sets forth the nuclear materials that could result in a retrospective risk pooling program requirements and risk-informed covered incident (which could trigger described at subsection 934(e). assessment formula to be used in an Article VII request for funds). Under The Department requests comments establishing the retrospective risk the Act, a nuclear supplier is the on whether or how it may need to pooling program that is central to individual or entity responsible for a further clarify those terms in its United States participation in the pro-rata share based on the risk- regulation. Convention and supports its goal of informed assessment formula at The term ‘‘United States,’’ defined at ensuring prompt and equitable subsection 934(e)(2)(C) of any subsection 934(b)(10), means the same compensation in the event of a nuclear contingent costs the United States may geographic area as the definition of incident. PAA funding cannot be used bear in the event of a covered incident ‘‘United States’’ in section 11bb. of the for the United States contribution to the outside the United States that is not AEA (42 U.S.C. 2014bb.). The AEA international supplementary fund in the covered by the PAA. While the statutory definition of United States provides event of a covered incident outside the definition of ‘‘nuclear supplier’’ is broad that, when used in a geographical sense, United States that is not a Price- in scope and may require further the United States ‘‘includes all Anderson incident. 934(a)(1)(H)(i). clarification in the regulation, the territories and possessions of the United Likewise, Federal taxpayers cannot be criteria related to the risk-informed States, the Canal Zone and Puerto Rico.’’ burdened with the liability risks assessment formula at subsection (Although the AEA definition includes associated with nuclear incidents at 934(e)(2)(C)(i) and factors for ‘‘the Canal Zone,’’ DOE notes that, foreign installations. 934(a)(1)(H)(ii). consideration in determining the pursuant to the Panama Canal Treaty, Accordingly, subsection 934(e) provides formula at subsection 934(e)(2)(C)(ii) the ‘‘Canal Zone’’ is no longer so for a retrospective risk pooling program, (whereby certain nuclear suppliers included.) For purposes of the AEA with participation by nuclear suppliers, could be excluded) are directly relevant definition and section 934, the as the funding mechanism to cover to determining which nuclear suppliers geographic scope of the United States contingent costs resulting from a are contemplated within the Act. In this includes its territorial sea, but not its covered incident outside the United regard, the Department is considering exclusive economic zone (‘‘EEZ’’),6 even States that is not a Price-Anderson whether it may be appropriate to though the CSC grants a member incident. This retrospective risk pooling include in its regulation additional country jurisdiction over nuclear program for nuclear suppliers (which criteria and requirements which, if met, incidents in or above the EEZ of a provides nuclear suppliers with would exclude certain nuclear suppliers Contracting Party under specified insurance for their potentially unlimited from participation in the retrospective circumstances, as well as in or above liability in the event of a nuclear risk pooling program. The Department other maritime areas beyond the incident) is similar in certain respects to requests comment on whether the territorial sea and EEZ of a Contracting the PAA retrospective pooling definition of ‘‘nuclear supplier’’ requires Party under specified circumstances. arrangement (which provides United further clarification, or whether The broader geographic scope of the States nuclear reactor operators with clarification can be appropriately Convention from that of the AEA (and insurance for their potential liability in addressed in regulations pertaining to thus PAA) recognizes the right of a the event of a nuclear incident) wherein the retrospective risk pooling program Contracting Party, including the United the premium is assessed retrospectively, and formula at subsection 934(e). i.e., after a nuclear incident, by The term ‘‘Price-Anderson incident,’’ 6 The EEZ of the United States is ‘‘a zone allocating the aggregate legal liability (in defined at subsection 934(b)(8), means a contiguous to the territorial sea, including zones excess of the required liability insurance covered incident for which section 170 contiguous to the territorial sea of the United States, constituting primary financial of the AEA makes funds available to the Commonwealth of Puerto Rico, the responsibility) that actually resulted Commonwealth of the Northern Mariana Islands (to compensate for public liability, as the extent consistent with the Covenant and the from such incident among all operators defined in section 11w. of the AEA (42 United Nations Trusteeship Agreement), and without regard to fault or liability. U.S.C. 2014w.). This definition reflects United States overseas territories and possessions. Subsection 934(e)(2) provides the the distinction between covered The EEZ extends to a distance 200 nautical miles basic structure of the retrospective risk from the baseline from which the breadth of the incidents within the scope of the PAA territorial sea is measured.’’ Presidential pooling program and criteria for (where contingent costs would be Proclamation 5030, March 10, 1983, 3 CFR 1983 determining the prorated deferred covered by the PAA) and covered Comp., p. 22. payment. The program is ‘‘retrospective’’

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in the sense that a nuclear supplier’s (V) The legal, regulatory, and Accordingly, only nuclear suppliers of obligation to pay does not arise (i.e., it financial infrastructure associated with goods and services that are likely to is deferred) unless and until a covered the covered installation outside the cause a covered incident with incident that is not a Price-Anderson United States to which the goods and significant damage should be incident occurs and the United States is services are supplied; and contributors to the risk pooling program. called on to provide its contribution to (VI) The hazards associated with The exclusionary considerations are the international supplementary fund particular forms of transportation. indicative of the type of nuclear (i.e., resulting in contingent costs). Without the six risk factors at supplier unlikely to contribute to the 934(e)(2)(A). This deferred payment will subsection 934(e)(2)(C)(i) above, the risk of such an incident, that is, a be allocated among the ‘‘pool’’ of nuclear retrospective risk pooling program nuclear supplier that does not provide suppliers on the basis of a risk-informed could conceivably require the goods or services specifically for nuclear assessment formula. 943(e)(2)(B). The participation of any nuclear supplier facilities; that does not engage in formula cannot be applied by the involved in activities such as supplying activities likely to result in significant Secretary to any covered installation or facilities, equipment, fuel, services, potential nuclear liability, or that transportation for which funds are technology, or transport of nuclear engages in such activities to a minor available under the PAA. 943(e)(2)(iii). materials related to any step within the extent; or is no longer in existence and The amounts of the deferred payments nuclear fuel cycle—from activities such therefore cannot be expected to will basically reflect the risk from which as mining, milling, enrichment, and contribute to the pooling program. each nuclear supplier is relieved, fabrication through reprocessing—no If the United States is called upon to relative to other nuclear suppliers, by matter its size or contribution relative to contribute to the international reason of the United States participation the nuclear installation. However, supplementary fund, the risk-informed in the international nuclear liability application of the risk formula provides formula would be applied to calculate compensation system. a basis for the Department to assess a the amount that each ‘‘nuclear supplier’’ Subsection 934(e)(2)(C) requires that deferred premium according to the within the definition of the Act would the Secretary determine by rulemaking relative risk a nuclear supplier’s goods be obligated to pay. The Department the risk-informed assessment formula or services contribute to a nuclear believes that, reading both subsections and specifies certain risk factors that the incident. 934(e)(2)(C)(i) and (ii) together, the Secretary must take into account. These Further, subsection 934(e)(2)(C)(ii) formula is expected to include nuclear risk factors focus on the extent of the lists factors for consideration whereby suppliers based on the relative risk of potential liability of each nuclear the Secretary may exclude certain their goods or services causing a supplier resulting from its activities nuclear suppliers. The Department covered incident resulting in a request relative to other nuclear suppliers and believes that its interpretation of the risk for contributions under the international are comparable to factors currently used factors enumerated above will be supplementary fund, and to exclude nuclear suppliers with little or no risk by private insurers to allocate risk. influenced significantly by the of being determined legally liable for a While subsection 934(e)(2)(C) contains following factors in subsection covered incident resulting in nuclear specific risk factors to be accounted for 934(e)(C)(ii) that the Secretary may damage in excess of 300 million SDRs. in arriving at the risk-informed consider: (ii) Factors for Consideration.—In Because of the importance of each risk assessment formula, the Secretary has factor and the exclusionary broad discretion to interpret and determining the formula, the Secretary may— considerations in establishing the implement this provision. The formula, the Department seeks public Department believes that the public, and (I) exclude (aa) Goods and services with comment on all of these criteria and in particular the nuclear insurance negligible risk; how they should be interpreted and industry, can provide valuable (bb) Classes of goods and services not applied. Each risk factor, and the information to DOE regarding how each intended specifically for use in a corresponding exclusionary of the following six (6) risk factors nuclear installation; considerations, will be discussed below. enumerated in subsection 934(e)(2)(C)(i) (cc) A nuclear supplier with a de 1. The first risk factor to be used as should be taken into account minimis share of the contingent cost; a basis for the formula is the nature and (particularly in light of other factors, and intended purpose of the goods and such as the exclusionary criteria in (dd) A nuclear supplier no longer in services supplied by each nuclear subsection 934(e)(2)(C)(ii) and the existence for which there is no supplier to each covered installation period on which risk is assessed in identifiable successor; and outside the United States. subsection 934(e)(2)(C)(ii)(II)): (II) Establish the period on which the 934(e)(2)(C)(i)(I). The Department’s (I) The nature and intended purpose risk assessment is based. current approach would be to interpret of the goods and services supplied by The Department believes the intent of this risk factor, in light of the presence each nuclear supplier to each covered this provision is to exclude from of other statutory criteria that could installation outside the United States; participation in the risk pooling exclude nuclear suppliers providing (II) The quantity of the goods and program those nuclear suppliers that goods and services with negligible risk services supplied by each nuclear provide goods or services that are the and in classes not intended specifically supplier to each covered installation least likely to result in a nuclear for use in a nuclear installation outside the United States; incident for which requests under the (subsections 934(e)(2)(C)(ii)(I)(aa) and (III) The hazards associated with the Convention for contributions to the (bb)), to mean that, as a general matter, supplied goods and services if the goods international supplementary fund only nuclear suppliers that provide and services fail to achieve the intended would be invoked. Stated otherwise, the goods or services specifically intended purposes; contingent costs should be allocated for use in structures, systems, and (IV) The hazards associated with the among those suppliers that provide components (‘‘SSCs’’) that are important covered installation outside the United goods or services most likely to result in to safety at a nuclear installation should States to which the goods and services significant potential liability in the be included. This concept of SSCs are supplied; event of a covered incident. important to safety is utilized in NRC

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licensing of nuclear installations (e.g., nuclear installation (subsections Megawatts. Also, nuclear facilities other nuclear reactors, fuel storage facilities) 934(e)(2)(C)(ii)(aa) and (bb)), in a than reactors may be distinguished as a means to evaluate items based on manner analogous to the first risk factor. based on common nuclear industry their relative risk and importance to the That is, only nuclear suppliers of safety- standards for hazard categorization and safe operation of the nuclear related goods or services would be accident analysis techniques. Category 1 installation. As such, this concept can included in the formula. Among those facilities pose the most hazardous risk provide a useful tool to identify those goods and services, risk would then be as they have postulated accidents that goods and services that have a greater determined based on the relative could result in significant offsite potential for causing a nuclear incident radiological hazard or harm that may be consequences. Category 2 facilities have that might result in significant nuclear caused if a particular good or service postulated accidents that could result in damage. Focusing on SSCs important to failed to achieve its intended function. significant on-site consequences. safety would eliminate many nuclear For example, the supplier of a reactor Category 3 facilities have postulated suppliers of goods or services that do vessel would be weighted with greater accidents that could result in only not contribute significantly to the risk of risk than the supplier of the safety- localized consequences. Accordingly, a nuclear incident, as well as suppliers related concrete forming the foundation the risk formula would include of goods or services not intended of the reactor building. Both goods are consideration of not only the type of specifically for use in a nuclear safety-related, but the malfunction of good or service provided by the nuclear installation. For example, the the former presents a greater risk of supplier, but also the type of nuclear Department believes that, under this radiological hazard than the latter. installation that will utilize such good interpretation, suppliers of such items Further, the Department expects that the or service. DOE seeks public comment as laboratory equipment, cleaning relative hazard of a good or service may on this approach. services, routine operational and be evaluated in terms of whether it is a 5. The fifth risk factor to be used as technical reporting services, and likely contributor to a covered incident a basis for the formula is the legal, computers not intended for control of resulting in a request for contributions regulatory, and financial infrastructure the installation would be excluded from under the international supplementary associated with the covered installation the formula. In contrast, the Department fund (i.e., is it so hazardous as to likely outside the United States to which the believes that suppliers such as designers cause a covered incident of a magnitude goods and services are supplied. and builders of nuclear islands that first-tier compensation is 934(e)(2)(C)(i)(V). The Department’s (involving nuclear steam supply inadequate). The Department seeks current approach would be to interpret systems, reactors, etc.), and designers, public comment on these issues and as this risk factor to refer to the relative manufacturers, and sellers of nuclear to how it should further define the term risk of a nuclear incident arising from a fuel assemblies or on-line nuclear ‘‘hazard’’ in light of various factors, such nuclear installation based upon the measurement devices would be as whether hazard should be legal, regulatory, or financial included in the formula. The differentiated on the basis of harm to environment in which the installation Department seeks public comment on persons or property, or on the basis of operates. For example, a nuclear this interpretation, and in particular as its hazard standing alone or as part of installation situated in a country with to whether it has too narrowly or a redundant system of protection. little regulatory oversight of public broadly interpreted this risk factor. health and safety, or inadequate 2. The second risk factor to be used 4. The fourth risk factor to be used as financial requirements for the nuclear as a basis for the formula is the quantity a basis for the formula is the hazards operator, or without the availability of of the goods and services supplied by associated with the covered installation judicial recourse, may lead to a relative each nuclear supplier to each covered outside the United States to which the risk factor greater than the supply of installation outside the United States. goods and services are supplied. goods or services to a nuclear 934(e)(2)(C)(i)(II). The Department’s 934(e)(2)(C)(i)(IV). The Department’s installation in a country with rigorous current approach would be to interpret current approach would be to interpret regulatory oversight, robust financial this risk factor to mean that the formula this risk factor to mean that risk should requirements, and an efficient judicial should take into account the amount of be determined based on the hazard system. Thus, for example, the presence goods and services provided by a associated with the nuclear installation of independent regulatory inspectors nuclear supplier as an indicator of the itself, because some nuclear onsite at a nuclear installation of a more extent to which a nuclear supplier installations bear more risk or hazard of hazardous classification (such as a contributes to overall risk. The a nuclear incident than others. These Category 1 facility) could constitute a Department seeks public comment on differences in risk stem from a variety favorable risk factor. The Department whether this factor should be assessed of factors. For example, the risk of a recognizes that this type of risk factor on the basis of the value of the goods or nuclear incident causing significant may be difficult to assess in a services supplied, the volume of the nuclear damage may be greater at a quantitative fashion, nevertheless, the goods or services supplied, or some nuclear reactor facility than at a spent statutory language must be given a good- other criteria. fuel storage facility, or it may be greater faith reading, and the Department seeks 3. The third risk factor to be used as for a facility located in a densely public comment on how to interpret and a basis for the formula is the hazards populated area as opposed to a facility implement this factor in its risk-based associated with the supplied goods and in a remote area. Further, there may be formula. services if they fail to achieve the distinctions within a class of nuclear 6. The sixth risk factor to be used as intended purposes. 934(e)(2)(C)(i)(III). installations that would make the risk a basis for the formula concerns the The Department’s current approach posed by some classes more or less than hazards associated with particular forms would be to interpret this risk factor, in others. For example, among nuclear of transportation. 934(e)(2)(C)(i)(VI). light of the presence of other statutory reactors, research reactors having a The Department’s current approach criteria that could exclude nuclear thermal power rating of 20 Megawatts or would be to interpret this risk factor to suppliers providing goods and services less may have less hazard associated require consideration of how contingent with negligible risk or in classes not with them than power reactors having a costs should be allocated between intended specifically for use in a thermal power rating of over 300 suppliers of goods and services to

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nuclear installations and suppliers of only a small percentage of the overall contribute to a future nuclear incident. transportation services, as well as an contingent costs should be excluded The Department invites comments on assessment of the various forms of from the formula because they (1) Do how and what an appropriate and transportation and the relative risks of not contribute in any meaningful equitable time period should be used in that transportation. The Department manner to the risks intended to be order to determine the risk-informed seeks public comment on the extent, if covered by the Convention, (2) are formula. any, to which the assessment of unlikely to be sued in the event of a E. Reporting transportation services should be nuclear incident, and (3) are even more different than the assessment of other unlikely to be determined legally liable In addition to the information goods and services, especially with for significant amounts of nuclear obtained through this NOI and the respect to the application of the first risk damages. The Department believes this subsequent rulemaking process, factor on nature and intended purpose. provision is intended to keep the risk subsection 934(f)(1) expressly The Department also seeks public pooling program from becoming authorizes the Secretary to collect comment on the means to differentiate unmanageable because of the number of information and data from nuclear the hazards between particular forms of potential contributors and to focus suppliers ‘‘necessary for developing and transportation, and the nuclear operation of the program on the major implementing the formula for suppliers involved in such beneficiaries of the Convention. The calculating the deferred payment of a transportation. For example, how Department could incorporate these nuclear supplier under subsection should the Department assess the criteria into its regulations by excluding (e)(2).’’ The Department requests relative risks among the various forms of those suppliers that would contribute comment on whether it should include radiological transportation such as less than a specified percentage (e.g., in its regulations provision for truck, ship or rail and the contribution .5%) of the contingent costs. collection of such information and, if so, of a nuclear supplier to that risk? This approach, however, would result what form of information collection Should the hazard be assessed solely on in uncertainty as to which suppliers requirements should be imposed. For the safety record within each type of would be included in the program prior example, what type of information and transportation, or other factors such as to the actual implementation of the data should be collected, at what level the risks associated with the formula. Accordingly, the Department is of specificity, and how often (e.g., one- transportation routes used for a considering alternative approaches that time or periodic updates)? particular form of transportation? For would implement the ‘‘de minimis’’ While the Department may require example, transportation by truck may criteria in a manner that provides that certain information be provided by entail greater potential exposure to upfront certainty as to which suppliers nuclear suppliers and other appropriate population centers than transportation would be included in the program. For persons (including insurers) as by ship. example, the Department might exclude necessary or appropriate to assist in Further, should certain nuclear suppliers on the basis of the dollar value formulating and implementing the risk suppliers be excluded regardless of the of the goods or services (e.g., nuclear formula, the Department is required to form of transportation in which the suppliers that provide less than $50,000 provide certain information to nuclear good or services is utilized? For per year in goods or services may be suppliers and insurers of nuclear example, suppliers that provide excluded from the formula), the volume suppliers. Thus, subsection 934(f)(2) navigational systems might be excluded of goods or services (e.g., nuclear directs that the Secretary make available from the formula, as the purpose of the suppliers of less than 10 cooling to ‘‘nuclear suppliers, and insurers of navigational system is not specific to pumps), or the percentage of annual nuclear suppliers, information to nuclear transport or any one form of business attributable to nuclear goods or support the voluntary establishment and transport, and would constitute a services (e.g., nuclear suppliers for maintenance of private insurance negligible risk for causing a nuclear which the nuclear equipment or against any risk for which nuclear incident. On the other hand, suppliers services provided per year are less than suppliers may be required to pay of transportation casks designed for 10% of such entities’ overall annual deferred payments under this section.’’ nuclear material would be included and sales). The Department seeks comments Such information would facilitate the risk assessed based on the relative on these alternatives, as well as other creation of a voluntary private insurance contribution of the cask to a nuclear fair and equitable approaches for system to cover potential payments by incident while in transport. The excluding ‘‘de minimis’’ suppliers. nuclear suppliers under the Department seeks public comment on Finally, subsection 934(e)(2)(C)(ii)(II) retrospective risk pooling program. The these questions or other means to permits the Secretary to ‘‘establish the Department anticipates its regulations differentiate the hazards associated with period on which the risk assessment is will include a provision to address this particular forms of transportation as based.’’ By so doing, the Department requirement; however, the Department well as identifying mitigating factors to could exclude certain nuclear suppliers requests comment on what type of appropriately rank risk in its formula. by virtue of the time period established. information would be necessary to assist Subsection 934(e)(2)(ii)(I)(cc) states The Department interprets this the nuclear suppliers and insurers of that the Secretary may exclude ‘‘a provision to give the Department nuclear suppliers in the establishment nuclear supplier with a de minimis discretion to determine the time period of private insurance for the deferred share of the contingent cost.’’ As to use in the risk-informed formula. payment. The Department is especially commonly used, the term ‘‘de minimis’’ That time period may be set based on interested in obtaining specific and means lacking significance or several relevant factors, including when detailed comments on the type of importance, or so minor in importance the majority of domestic nuclear information necessary to develop and as to be disregarded.7 The Department’s suppliers provided supplies in the implement such a private insurance current approach would be to interpret global market and how many of those system from nuclear suppliers and this ‘‘de minimis’’ criteria to mean that suppliers continue in existence today, insurers of nuclear suppliers as such nuclear suppliers likely to contribute or based on what suppliers are currently commentary would be most relevant to in existence for which the goods or an appropriate formulation and 7 Webster’s Third New Dictionary (2002) services they supplied are likely to implementation of this requirement. In

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this regard, the Department is especially Subsection 934(h)(3) addresses the 033, 1000 Independence Avenue, SW., interested in descriptions of prior and consequences of a nuclear supplier’s Washington, DC 20585 between the existing insurance systems that allocate failure to pay the deferred payment. In hours of 9 a.m. and 4 p.m. Monday risks among nuclear suppliers, as well the event a nuclear supplier defaults on through Friday, except for Federal as systems that allocate risks among its obligation to make the required holidays. participants in comparable situations. deferred payment, subsection 934(h)(3) The Department also intends to enter authorizes the Secretary to take all written comments on a Web site F. Payments to and by the United States appropriate action to recover from the specifically established for this Subsection 934(h) sets forth the nuclear supplier ‘‘(A) the amount of the proceeding. The Internet Web site is: procedure for the Secretary and nuclear payment due from the nuclear supplier; http://gc.doe.gov/. To assist the suppliers to follow in the event of a call (B) any applicable interest on the Department in making public comments for funds under the Convention so that payment; and (C) a penalty of not more available on a Web site, interested the deferred payments are made to the than twice the amount of the deferred persons are encouraged to submit an Treasury of the United States and payment due from the nuclear supplier.’’ electronic version of their written conveyed from the Treasury to the The Department is authorized to take comments in accordance with the appropriate entity in fulfillment of the appropriate action to ensure each instructions in the ADDRESSES section of obligation of the United States to nuclear supplier makes the deferred this notice. contribute to the international payment and to impose a penalty for Issued in Washington, DC, on July 21, supplementary fund. Subsection noncompliance; however, the means by 2010. 934(h)(1) prescribes the method by which the Department exercises this Scott Blake Harris, which the Secretary will collect the authority is not prescribed in the Act. General Counsel. deferred payment from nuclear The Department’s implementing suppliers in the event the United States regulations will clarify what actions it Appendix—Overview of Section 934 is called upon under Article VII to deems appropriate to take to ensure the The Energy Independence and Security Act contribute to the international payment is made, how it will calculate of 2007, Section 934 supplementary fund for a covered the interest due on the payment, and the The Energy Independence and Security Act incident that is not a Price-Anderson method and criteria for determining the of 2007 (Pub. L. 110–140) was enacted in incident. The nuclear suppliers are only penalty amount. The Department 2007. Section 934 of the Act (‘‘Convention on required to make a deferred payment solicits comment from the public on Supplementary Compensation for Nuclear when and if the United States is how this statutory provision should be Damage Contingent Cost Allocation’’) (42 required to make a payment under the implemented and, in particular, what U.S.C. 17373) implements the Convention in Convention upon the occurrence of a criteria may be appropriate for the United States. Congress found that the Convention establishes a global system to: covered incident. When notified by the calculating the penalty amount. provide a predictable legal framework Secretary of the amount of the deferred G. General Questions necessary for nuclear energy projects; ensure payment that is due, each nuclear prompt and equitable compensation in the supplier must either deposit the In addition to comment on the event of a nuclear incident; provide benefits required payment into the general fund particular matters discussed in the to United States nuclear suppliers from a of the Treasury within 60 days after preceding paragraphs, DOE solicits predictable liability regime and, in effect, receipt of notification (subsection general comments on how best to insurance for nuclear damage arising from 934(h)(1)(B)(i)), or elect to prorate implement section 934, including incidents not covered by the Price-Anderson comments that are based on existing Act (PAA); and assure funding is available payment in that amount in 5 equal for victims of a wider variety of nuclear annual payments (including interest on systems or prior experience in regard to incidents, without increasing potential the unpaid balance at the prime rate insurance programs, regulatory controls, liability of United States nuclear suppliers or prevailing at the time the first payment reporting requirements, or other costs to United States nuclear operators or is due) (subsection 934(h)(1)(B)(ii)). In mechanisms pertaining to the supply of Federal taxpayers. 934(a)(1). making the payment, each nuclear goods and services for nuclear projects. Section 934 implements the Convention by supplier must submit a payment For example, DOE would be interested enacting into law provisions that enable the certification voucher to the Secretary of in whether there are any existing United States to carry out its obligations as a Contracting Party. Specifically, section 934 the Treasury in accordance with 31 systems that control or collect information on the export of goods and provides for the allocation of costs associated U.S.C. 3325. 934(h)(1)(C). with the United States’ participation in the The Department believes the statutory services for nuclear projects that could Convention’s compensation system and scheme for making the deferred be useful in implementing section 934. affirms the right to seek relief in United payment is clear and in effect self- Likewise, DOE would be interested in States courts for covered nuclear incidents. executing. Therefore, it does not prior experience with how risk is The purpose of section 934 is to ensure that the allocation of costs is fair and equitable anticipate significant commentary on allocated when there are multiple participants in a nuclear project. and does not burden Federal taxpayers with the meaning or interpretation of this liability risks for nuclear incidents at foreign statutory provision. The Department’s III. Public Participation installations or adversely impact obligations implementing regulations will specify under the existing system of indemnification when and how a nuclear supplier will A. Submission of Comments under the PAA for nuclear incidents in the make the lump-sum deferred payment, The Department requests written United States. as well as the method of calculating and comments from interested persons on The Secretary and the Nuclear Regulatory depositing the prorated annual all aspects of implementing the Commission are both authorized to issue payments with interest. The Department Convention on Supplementary rules to implement section 934, as appropriate. 934(l). The Department’s requests comments on how its Compensation for Nuclear Damage. All implementing regulations will be focused on regulations may provide clear direction information provided by commenters allocating contingent costs equitably, on the to nuclear suppliers on how, when, and will be available for public inspection at basis of risk, among nuclear suppliers for a where to make the required deferred the Department of Energy, Freedom of covered incident outside the United States payments. Information Reading Room, Room 1G– that is not a Price-Anderson incident. This

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cost allocation system will be structured cause of action will be available in all distribution amount will be used to consistent with provisions of the Act that situations where United States courts have compensate damage in lieu of using PAA mandate the use of existing PAA funding for jurisdiction over a nuclear incident covered funds. Thus, the benefits of the PAA a Price-Anderson incident. by the Convention, such as a nuclear incident indemnification system will be increased For an incident covered by the Convention during transportation beyond State slightly with no additional burden imposed (‘‘covered incident’’) that is also covered by boundaries in the territorial sea, or the on reactor operators. the PAA (‘‘Price-Anderson incident’’), the Act exclusive economic zone (EEZ), or the high Subsection 934(d) addresses the situation would use existing PAA funding mechanisms seas, for which Federal or State law may not involving a Price-Anderson incident, where to cover the United States contribution to the currently provide a cause of action. This funds are made available to the United States international supplementary fund. 934(b) and provision does not apply to causes of action under Article VII of the Convention and sets (c). For a covered incident outside the United arising from a nuclear incident covered by out the effect thereof on the amount of public States that is not a Price-Anderson incident, the Convention that is a Price-Anderson liability allowable under the PAA. the Act would allocate contingent costs owed incident, as the PAA already provides for a Subsection 934(d)(1) provides that, for an by the United States among United States cause of action and assignment of incident covered by the PAA, funds made nuclear suppliers on the basis of risk. jurisdiction in such cases. While subsection available to the United States from the 934(a)(2). In this regard, the Act establishes 934(i) creates a cause of action for international supplementary fund will be a retrospective risk pooling program individuals or entities suffering nuclear used to pay persons indemnified under the involving a premium assessed retrospectively damage against an operator of a covered PAA. In addition, subsection 934(d)(2) (i.e., a deferred payment) on nuclear installation under certain circumstances, provides that the PAA limitation on public suppliers based on a risk-informed formula subsection 934(j) makes clear that the Act liability will be increased by the net amount taking into account specified risk factors in does not provide to the operator of a covered of funds that the United States receives from conjunction with exclusionary criteria. installation a right of recourse against a the international supplementary fund (i.e., 934(e). nuclear supplier or any other person for any the increase is equal to the difference In developing the formula, the Secretary is liability it may incur as a result of the nuclear between the amount the United States authorized to collect information necessary incident. Also, participation in the receives from the international for calculating the deferred payment. Each Convention does not require disclosure of supplementary fund and the amount which nuclear supplier and other-appropriate sensitive United States information. 934(k). it contributed to the international persons are required to make available The following provides additional supplementary fund). Thus, the United States information, reports, records, documents, information regarding the allocation of must use any funds made available to it and other data that the Secretary determines, contingent costs under section 934 between under the Convention to satisfy any public by regulation, to be necessary or appropriate. the PAA and nuclear suppliers. liability resulting from a Price-Anderson 934(f)(1). In turn, the Secretary must make Costs Allocated to PAA. One of the incident and will increase the amount available to nuclear suppliers and their purposes of the statute, to ensure that payable under the PAA based upon the net insurers information to support the voluntary contingent costs associated with a Price- increased amount of funding available establishment and maintenance of private Anderson incident are paid with PAA funds, pursuant to the Convention.8 insurance to cover any deferred payments is met primarily through the requirements of nuclear suppliers may be subject to pay subsections 934(c) (‘‘Use of Price-Anderson 8 The following illustrates the combined under the retrospective risk pooling program. Funds’’) and (d) (‘‘Effect on Amount of Public operation of the Convention, the PAA, and section 934(f)(2). Liability’’). These provisions are self- 934 in the case of a Price-Anderson incident. For When the United States is called upon to implementing and establish how funding this example, assume: (1) The limitation on public liability under the PAA is $10 billion8; (2) there are contribute, the Secretary must notify the under the PAA is to be used to cover 100 reactors covered by the PAA system; (3) the nuclear suppliers of the amount of their contingent costs resulting from a Price- operator of each reactor must contribute a deferred payment. The nuclear suppliers may Anderson incident. As defined in subsection maximum of $100 million to the PAA system if either: (1) Pay within 60 days of notification 934(b)(8), a Price-Anderson incident is a legal liability reaches $10 billion dollars; (4) 1 SDR to the general fund of the Treasury; or (2) covered incident within the scope of the PAA equals $1.50 dollars; (5) the United States elect to prorate payment in five equal annual for which PAA funding would be available contribution to the international supplementary payments (including interest). 934(h)(1). to compensate for ‘‘public liability’’ defined fund is $100 million dollars; (6) the payment to the Amounts paid must be available, without in section 11w. of the AEA (42 U.S.C. United States from the international supplementary fund is $300 million; and (7) there is an a nuclear further appropriation or fiscal year 2014w.). Under subsection 934(b)(2), incident at a domestic reactor resulting in damage limitation, for contribution by the Secretary contingent costs represent the funds that the that exceeds $10 billion dollars. Within these of the Treasury to the international United States is obligated to make available parameters, the PAA would use funds from supplementary fund. 934(h)(2)(A). Such to the international supplementary fund. operators to indemnify legal liability resulting from contribution will be to the court of competent Subsection 934(c)(1) states the requirement the nuclear incident until legal liability reached jurisdiction under Article XIII of the that PAA funds be used to cover contingent $450 million dollars (Article III. 1(a)(i) first tier Convention. 934(h)(2)(B). If a nuclear costs resulting from any Price-Anderson compensation minimum of 300 million SDRs supplier fails to pay, the Secretary of Energy incident. Subsection 934(c)(2) directs that multiplied by $1.50 dollars). At this point, the United States would use the next $100 million may take appropriate action to recover the any PAA funds used to pay contingent costs dollars from operators under the PAA to cover the amount due with any applicable interest and shall not reduce the public liability United States contribution to the international penalty. 934(h)(3). limitation set by the PAA. These funding supplementary fund. At the same time the United Section 934(i) addresses where and what requirements serve to maintain the status quo States would receive a payment of $300 million type of actions may be brought in United of the PAA liability regime such that dollars from the international supplementary fund. States courts arising from participation in the payment of contingent costs neither increases This payment from the international supplementary Convention. All causes of action arising from the burden on reactor operators nor decreases fund would be used to indemnify legal liability a nuclear incident that is not a Price- the benefits of the PAA since any contingent between $450 million dollars and $750 million dollars. In addition, the limitations on the PAA Anderson incident and for which the United costs resulting from the United States public liability would be increased by the net $200 States has been granted jurisdiction under contribution would come from funding million dollars from Contracting Parties other than the Convention will be adjudicated on appeal otherwise required under the PAA. Using the United States ($300 million from the or review in the United States Court of PAA funds to pay the contingent costs will international supplementary fund minus the $100 Appeals for the District of Columbia Circuit. not decrease funds available under the PAA million dollars provided by the United States to 934(i)(1)(A). In addition to any existing cause because the contribution by the United States that fund). When legal liability reached $750 of action, section 934(i)(2)(A) creates a to the international supplementary fund and million dollars, operators would resume making Federal cause of action for an individual or the distribution from the international funds available through the PAA system to cover legal liability and continue to do so until such entity against an operator to recover for supplementary fund of a corresponding liability reached the $10.2 billion dollar limit. In nuclear damage suffered in connection with amount will offset each other and result in this scenario, the additional $200 million dollars a nuclear incident covered by the a wash for accounting purposes. As described from the international supplementary fund is Convention. This provision ensures that a in the following paragraph, the remaining available to indemnify legal liability resulting from

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Costs Allocated to Nuclear Suppliers. DEPARTMENT OF ENERGY reinstatement); (5) response obligation Another purpose of the statute, to ensure that (i.e., mandatory, voluntary, or required nuclear suppliers pay the contingent costs for Energy Information Administration to obtain or retain benefits); (6) a a covered incident outside the United States description of the need for and that is not a Price-Anderson incident, is met Agency Information Collection primarily by subsections 934(e) Activities: Submission for OMB proposed use of the information; (7) a (‘‘Retrospective Risk Pooling Program’’) and Review; Comment Request categorical description of the likely (f) (‘‘Reporting’’). These provisions: (1) respondents; (8) estimate number of Require participation in a retrospective risk AGENCY: U.S. Energy Information respondents and (9) an estimate of the pooling program to cover contingent costs for Administration (EIA), Department of total annual reporting burden (i.e., the which nuclear suppliers would be Energy (DOE). estimated number of likely respondents responsible; and (2) authorize the Secretary ACTION: Agency Information Collection times the proposed frequency of to collect information necessary for Activities: Submission For OMB developing and implementing the formula to response per year times the average calculate the deferred payments. For such an Review; Comment Request. hours per response). incident outside the United States, SUMMARY: The EIA has submitted the 1. Forms EIA–1605, ‘‘Voluntary subsection 934(e) requires that nuclear ‘‘Voluntary Reporting of Greenhouse Reporting of Greenhouse Gases’’. suppliers that supply certain nuclear ’’ equipment and technology and transport of Gases, form EIA–1605 to the Office of 2. Energy Information Administration. Management and Budget (OMB) for nuclear materials contribute to a pool of 3. OMB Number 1905–0194. money used to reimburse the United States review and a three-year extension under for its contribution to the international section 3507(h)(1) of the Paperwork 4. Three-year extension to an existing supplementary fund. In an arrangement Reduction Act of 1995 (Pub. L. 104– approved request. known as retrospective pooling, the 13)(44 U.S.C. 3501 et seq.). 5. Voluntary. obligation to pay into the pool will be DATES: Comments must be filed by deferred until the United States’ is called August 26, 2010. If you anticipate that 6. EIA–1605 form is designed to upon to contribute with respect to an actual you will be submitting comments but collect voluntarily reported data on nuclear incident that has occurred. Article find it difficult to do so within that greenhouse gas emissions, achieved VII.1; 934(e)(1). period, you should contact the OMB reductions of these emissions, and The following illustrates the combined carbon fixation. Data are used to operation of the Convention and section 934 Desk Officer for DOE listed below as in the case of a covered incident that is not soon as possible. establish a publicly available database. a Price-Anderson incident. For a covered ADDRESSES: Send comments to OMB Respondents are participants in a incident that takes place in the territory of Desk Officer for DOE, Office of domestic or foreign activity that either another Contracting Party, the responsible Information and Regulatory Affairs, reduces greenhouse gas emissions or operator (alone or in combination with Office of Management and Budget. To increases sequestration. available public funds) would provide the ensure receipt of the comments by the 7. Individuals or households; business first tier of compensation pursuant to the due date, submission by FAX (202–395– national law of the Installation State. If or other for-profit institutions; farms; 7285) or e-mail to Federal government; State, local or nuclear damage exceeds the first tier, all _ _ Contracting Parties, including the Installation Christine J. [email protected]. is tribal government. recommended. The mailing address is State, would contribute to the international 8. Estimate number of respondents. supplementary fund according to the Article 725 17th St., NW., Washington, DC, IV formula. 20503. The OMB Desk Officer may be 9. 6000 hours. As a Contracting Party, the United States telephoned at (202) 395–4638. (A copy Please refer to the supporting would contribute an amount determined by of your comments should also be application of the formula in Article IV. statement as well as the proposed forms provided to EIA’s Statistics and and instructions for more information Under section 934, the amount of the Methods Group at the address below.) contribution required of the United States about the purpose, who must report, would be funded through payments of FOR FURTHER INFORMATION CONTACT: when to report, where to submit, the United States nuclear suppliers under the Requests for additional information elements to be reported, detailed retrospective risk pooling program. As should be directed to Alethea Jennings. instructions, provisions for previously noted, the formula depends upon To ensure receipt of the comments by confidentiality, and uses (including the installed capacity of the Contracting the due date, submission by FAX (202– possible nonstatistical uses) of the Parties at the time of the incident and the UN 586–5271) or e-mail information. For instructions on assessment rate assigned to each State. The ([email protected]) is also FOR FURTHER exact amount owed by the United States recommended. The mailing address is obtaining materials, see the would depend upon the number and INFORMATION CONTACT section. generating capacity of the States that Statistics and Methods Group (EI–70), participate in the Convention at the time of Forrestal Building, U.S. Department of Statutory Authority: Section 13(b) of the a nuclear incident. For additional Energy, 1000 Independence Ave., SW., Federal Energy Administration Act of 1974, information, the IAEA Web site for the Office Washington, DC, 20585–0670. Ms. Public Law 93–275, codified at 15 U.S.C. of Legal Affairs contains a calculator that can Jennings may be contacted by telephone 772(b). be used to run scenarios and estimate the at (202) 586–5879. Issued in Washington, D.C., July 20, 2010. contribution amount from various States. SUPPLEMENTARY INFORMATION: This Stephanie Brown, (http://ola.iaea.org/CSCND/calculate.asp). section contains the following [FR Doc. 2010–18357 Filed 7–26–10; 8:45 am] information about the energy Director, Statistics and Methods Group, Energy Information Administration. BILLING CODE 6450–01–P information collection submitted to OMB for review: (1) The collection [FR Doc. 2010–18353 Filed 7–26–10; 8:45 am] a nuclear incident covered by the PAA, at no numbers and title; (2) the sponsor (i.e., BILLING CODE 6450–01–P additional cost to reactor operators. (The numbers the Department of Energy component); used in this example were selected to facilitate understanding of how the mechanism operates, and (3) the current OMB docket number (if do not reflect the actual numbers that would result applicable); (4) the type of request (i.e., from application of the PAA.) new, revision, extension or

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DEPARTMENT OF ENERGY generator information as confidential. Issued in Washington, DC, July 21, 2010. EIA stated in its survey instructions that Stephanie Brown, Energy Information Administration it would protect the information to the Director, Statistics and Methods Group, extent that it satisfied the criteria for Energy Information Administration. Agency Information Collection exemption under the Freedom of [FR Doc. 2010–18356 Filed 7–26–10; 8:45 am] Activities: Proposed Change of Disclosure Information From Protected Information Act (FOIA), 5 U.S.C. 552, BILLING CODE 6450–01–P to Public the Department of Energy (DOE) regulations, 10 CFR 1004.11 AGENCY: Energy Information implementing the FOIA, and the Trade DEPARTMENT OF ENERGY Administration (EIA), Department of Secrets Act, 18 U.S.C. 1905. Federal Energy Regulatory Energy (DOE). After 1997, the industry became Commission ACTION: Agency Information Collection deregulated and many plants previously Activities: Proposed Public Release of [Project No. 13806–000] categorized as ‘‘utility plants’’ were Past Responses; Comment Request. divested by utilities, and moved into the 5440 Hydro Inc.; Notice of Preliminary SUMMARY: The EIA proposes to change ‘‘nonutility’’ sector as independent Permit Application Accepted for Filing the data confidentiality protection power producers. Those facilities were and Soliciting Comments, Motions To provisions for data collected from the accustomed to EIA’s publicly disclosing Intervene, and Competing Applications ‘‘Annual Nonutility Power Producer information that was collected on Form July 19, 2010. Report’’ Form EIA–867. EIA–867. On January 13, 1998, EIA On July 9, 2010, 5440 Hydro Inc. filed DATES: Comments must be filed by published a Federal Register Notice an application, pursuant to section 4(f) September 27, 2010. If you anticipate (Volume 63, Number 8) to solicit of the Federal Power Act, proposing to difficulty in submitting comments comments on what electric power data study the feasibility of the Brooklyn within that period, contact the person should be treated as non-confidential Dam Hydroelectric Project (Brooklyn listed below as soon as possible. and be available for dissemination in Dam), to be located on the Ammonoosuc ADDRESSES: Send comments to company-specific form and what River near the Town of Groveton, Coos Christopher Cassar. To ensure receipt of electric power data should be treated as County, New Hampshire. the comments by the due date, confidential by EIA and not disclosed in The proposed project would consist submission by FAX (202–287–1938) or identifiable form. Based on the of: (1) An existing approximately 15- e-mail (EIA–[email protected]) is comments received from the electric foot-high, 90-foot-long crib dam with a recommended. The mailing address is power producers and data users, EIA 30-foot-long spillway; (2) an existing 18- Christopher Cassar, EI–53, Forrestal made the decision to treat the acre reservoir; (3) an existing 50-foot × Building, U.S. Department of Energy, information collected on Form EIA–867 50-foot concrete powerhouse and outlet 1000 Independence Ave., SW., as public information and began structure; (4) two new turbine generator Washington, DC 20585. Alternatively, releasing plant-level electric power units with a total installed capacity of Christopher Cassar may be contacted by production and consumption data from 600 kilowatts (kW); (5) a 50-foot-long telephone at 202–586–5448. its Web site beginning with data transmission line connecting to an FOR FURTHER INFORMATION CONTACT: collected from January 1, 1998. existing Public Service of New Requests for additional information Hampshire distribution line located should be directed to Christopher Cassar II. Current Actions adjacent to the powerhouse; and at the address listed above. (6) appurtenant facilities. The project SUPPLEMENTARY INFORMATION: The Form EIA–867 survey was would produce an estimated average discontinued December 31, 1998, and I. Background annual generation of about 3,000 II. Current Actions the data elements were merged into megawatt-hours, which would be sold III. Request for Comments Form EIA–860. Beginning with the directly to a local utility. collection of 1998 data on January 1, Applicant Contact: Mr. Luz Loegters, I. Background 1999, these data elements are treated as 717 Atlantic Avenue, Suite 1A, Boston, The Form EIA–867, ‘‘Annual public information. EIA now proposes MA 02111, (416) 643–6610. Nonutility Power Producer Report’’ was to treat all data submitted on Form EIA– FERC Contact: John Ramer, (202) 502– used to collect data from the nonutility 867 from 1989 through 1997 data as 8969. electricity generator sector from 1989 public information and release it on Deadline for filing comments, motions through 1997. The data collected on the EIA’s Web site. to intervene, competing applications survey form included plant-level (without notices of intent), or notices of electric power production and III. Request for Comments intent to file competing applications: 60 consumption data. The survey also days from the issuance of this notice. Past respondents to Form EIA–867 collected ownership statistics such as, Competing applications and notices of company name, number of electric and other interested parties should intent must meet the requirements of 18 generating facilities owned, and contact comment on the actions discussed in CFR 4.36. Comments, motions to person name, title, and telephone item II. Comments submitted in intervene, notices of intent, and number. From 1989 through 1997, EIA response to this notice will be competing applications may be filed collected some information as public considered before EIA changes the electronically via the Internet. See 18 and non-confidential and other data disclosure status. CFR 385.2001(a)(1)(iii) and the such as fuels consumed, generation, Statutory Authority: Section 13(b) of the instructions on the Commission’s Web purchases of electricity, sales, electricity Federal Energy Administration Act of 1974, site (http://www.ferc.gov/docs-filing/ used at the facility, number and type of Public Law 93–275, codified at 15 U.S.C. ferconline.asp) under the ‘‘eFiling’’ link. customers, maximum contract amount 772(b). For a simpler method of submitting text by customer, deliveries by customer, only comments, click on ‘‘Quick environmental information, and electric Comment.’’ For assistance, please

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contact FERC Online Support at the Commission is requesting call (202) 502–8659. A copy is also [email protected]; call toll- comments, reply comments, available for review and reproduction at free at (866) 208–3676; or, for TTY, recommendations, terms and the address in item h. above. contact (202) 502–8659. Although the conditions, and prescriptions. n. Development Application—Any Commission strongly encourages k. Deadline for filing responsive qualified applicant desiring to file a electronic filing, documents may also be documents: Due to the small size and competing application must submit to paper-filed. To paper-file, mail an location of the proposed project in a the Commission, on or before the original and eight copies to: Kimberly D. closed system, as well as the resource specified deadline date for the Bose, Secretary, Federal Energy agency consultation letters filed with particular application, a competing Regulatory Commission, 888 First the application, the 60-day timeframe development application, or a notice of Street, NE., Washington, DC 20426. specified in 18 CFR 4.43(b) for filing all intent to file such an application. More information about this project, comments, motions to intervene, Submission of a timely notice of intent including a copy of the application, can protests, recommendations, terms and allows an interested person to file the be viewed or printed on the ‘‘eLibrary’’ conditions, and prescriptions is competing development application no link of Commission’s Web site at shortened to 30 days from the issuance later than 120 days after the specified http://www.ferc.gov/docs-filing/ date of this notice. All reply comments deadline date for the particular elibrary.asp. Enter the docket number filed in response to comments application. Applications for (P–13806) in the docket number field to submitted by any resource agency, preliminary permits will not be access the document. For assistance, Indian tribe, or person, must be filed accepted in response to this notice. contact FERC Online Support. with the Commission within 45 days o. Notice of Intent—A notice of intent from the issuance date of this notice. must specify the exact name, business Kimberly D. Bose, Comments, protests, and address, and telephone number of the Secretary. interventions may be filed electronically prospective applicant, and must include [FR Doc. 2010–18281 Filed 7–26–10; 8:45 am] via the Internet in lieu of paper; see 18 an unequivocal statement of intent to BILLING CODE 6717–01–P CFR 385.2001(a)(1)(iii) and the submit a competing development instructions on the Commission’s Web application. A notice of intent must be site under the ‘‘e-Filing’’ link. The served on the applicant(s) named in this DEPARTMENT OF ENERGY Commission strongly encourages public notice. electronic filings. p. Protests or Motions To Intervene— Federal Energy Regulatory The Commission’s Rules of Practice Anyone may submit a protest or a Commission and Procedure require all intervenors motion to intervene in accordance with [Project No. 13635–000] filing documents with the Commission the requirements of Rules of Practice to serve a copy of that document on and Procedure, 18 CFR 385.210, City of Gloversville; Notice of each person in the official service list 385.211, and 385.214. In determining Application Accepted for Filing and for the project. Further, if an intervenor the appropriate action to take, the Soliciting Comments, Motions To files comments or documents with the Commission will consider all protests Intervene, Protests, Commission relating to the merits of an filed, but only those who file a motion Recommendations, and Terms and issue that may affect the responsibilities to intervene in accordance with the Conditions of a particular resource agency, they Commission’s Rules may become a must also serve a copy of the document party to the proceeding. Any protests or July 20, 2010. on that resource agency. motions to intervene must be received Take notice that the following l. Description of Project: The City of on or before the specified deadline date hydroelectric application has been filed Gloversville (Gloversville) requests for the particular application. with the Commission and is available Commission approval for exemption for q. All filings must: (1) Bear in all for public inspection: small conduit hydroelectric facility. capital letters the title ‘‘PROTEST,’’ a. Type of Application: Conduit This proposal consists of adding a Turgo ‘‘MOTION TO INTERVENE,’’ ‘‘NOTICE Exemption. style 25 kilowatt hydraulic turbine/ OF INTENT TO FILE COMPETING b. Project No.: 13635–000. generator at the discharge end of the APPLICATION,’’ ‘‘COMPETING c. Date filed: November 30, 2009 and Rice Reservoir discharge block. The APPLICATION,’’ ‘‘COMMENTS,’’ supplemented March 18 and July 6, primary purpose of the conduit is ‘‘REPLY COMMENTS,’’ 2010. supply of processed water to the ‘‘RECOMMENDATIONS,’’ ‘‘TERMS AND d. Applicant: City of Gloversville. Gloversville Potable Water Treatment CONDITIONS,’’ or ‘‘PRESCRIPTIONS’’; e. Name of Project: Rice Reservoir Plant. The hydraulic capacity of the (2) set forth in the heading the name of Project. generator will be 2.79 cubic feet per the applicant and the project number of f. Location: The project is located near second and the generator will have an the application to which the filing the town of Gloversville in Fulton estimated average annual generation of responds; (3) furnish the name, address, County, New York. 192,000 kWh. and telephone number of the person g. Filed Pursuant to: Federal Power m. This filing is available for review protesting or intervening; and (4) Act 16 U.S.C. 791a–825r. and reproduction at the Commission in otherwise comply with the requirements h. Applicant Contact: Mr. Steven the Public Reference Room, Room 2A, of 18 CFR 385.2001 through 385.2005. Doret, Mill Road Engineering, 23 Mill 888 First Street, NE., Washington, DC All comments, recommendations, terms Road, Westborough, MA 01581–2901, 20426. The filing may also be viewed on and conditions or prescriptions must set (508) 366–5833. the Web at http://www.ferc.gov using forth their evidentiary basis and i. FERC Contact: Anthony DeLuca, the ‘‘eLibrary’’ link. Enter the docket otherwise comply with the requirements (202) 502–663262, number, here P–13635, in the docket of 18 CFR 4.34(b). Agencies may obtain [email protected]. number field to access the document. copies of the application directly from j. Status of Environmental Analysis: For assistance, call toll-free 1–866–208– the applicant. Any of these documents This application is ready for 3676 or e-mail must be filed by providing the original environmental analysis at this time, and [email protected]. For TTY, and eight copies to: The Secretary,

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Federal Energy Regulatory Commission, be paper-filed. To paper-file, an original p. Agency Comments—Federal, state, 888 First Street, NE., Washington, DC and eight copies should be mailed to: and local agencies are invited to file 20426. An additional copy must be sent Kimberly D. Bose, Secretary, Federal comments on the described application. to Director, Division of Hydropower Energy Regulatory Commission, 888 A copy of the application may be Administration and Compliance, Office First Street, NE., Washington, DC 20426. obtained by agencies directly from the of Energy Projects, Federal Energy For more information on how to submit Applicant. If an agency does not file Regulatory Commission, at the above these types of filings, please go to the comments within the time specified for address. A copy of any protest or motion Commission’s Web site located at http:// filing comments, it will be presumed to to intervene must be served upon each www.ferc.gov/filing-comments.asp. have no comments. One copy of an representative of the applicant specified k. Description of Request: The agency’s comments must also be sent to in the particular application. A copy of licensee filed an application to the Applicant’s representatives. all other filings in reference to this surrender its license for the Kimberly D. Bose, application must be accompanied by unconstructed Greenfield Hydroelectric proof of service on all persons listed in Project. The Licensee has not Secretary. the service list prepared by the commenced construction of the project. [FR Doc. 2010–18284 Filed 7–26–10; 8:45 am] Commission in this proceeding, in No ground disturbing activities have BILLING CODE 6717–01–P accordance with 18 CFR 4.34(b) and occurred. 385.2010. l. Locations of the Application: A copy of the application is available for DEPARTMENT OF ENERGY Kimberly D. Bose, inspection and reproduction at the Secretary. Commission’s Public Reference Room, Federal Energy Regulatory [FR Doc. 2010–18286 Filed 7–26–10; 8:45 am] located at 888 First Street, NE., Room Commission BILLING CODE 6717–01–P 2A, Washington, DC 20426, or by calling [Project No. 2299–074] (202) 502–8371. This filing may also be viewed on the Commission’s Web site at Turlock Irrigation District and Modesto DEPARTMENT OF ENERGY http://www.ferc.gov using the ‘‘eLibrary’’ Irrigation District; Notice of Application link. Enter the docket number (P–12548) for Amendment of License and Federal Energy Regulatory excluding the last three digits in the Soliciting Comments, Motions To Commission docket number field to access the Intervene, and Protests [Project No. 12548–006] document. You may also register Online at http://www.ferc.gov/docs-filing/ July 19, 2010. Hydrodynamics, Inc.; Notice of esubscription.asp to be notified via e- Take notice that the following Application for Surrender of License mail of new filings and issuances application has been filed with the and Soliciting Comments, Motions To related to this or other pending projects. Commission and is available for public Intervene, and Protests For assistance, call 1–866–208–3676 or inspection: e-mail [email protected], a. Application Type: Amendment of July 20, 2010. for TTY, call (202) 502–8659. A copy is License. Take notice that the following also available for inspection and b. Project No.: 2299–074. application has been filed with the reproduction at the address in item (h) c. Date Filed: May 24, 2010. Commission and is available for public above. d. Applicant: Turlock Irrigation inspection: m. Individuals desiring to be included District and Modesto Irrigation District. a. Application: Type: Surrender of on the Commission’s mailing list should e. Name of Project: Don Pedro License. so indicate by writing to the Secretary Hydroelectric Project. b. Project No.: 12548–006. of the Commission. f. Location: On the Tuolumne River, c. Date Filed: June 25, 2010. n. Comments, Protests, or Motions To Tuolumne County, California. d. Applicant: Hydrodynamics, Inc. Intervene: Anyone may submit g. Filed Pursuant to: Federal Power e. Name of Project: Greenfield comments, a protest, or a motion to Act, 16 USC 791a–825r. Hydroelectric Project. intervene in accordance with the h. Applicant Contact: Turlock f. Location: The unconstructed project requirements of Rules of Practice and Irrigation District, Robert M. Nees, was to be located on the Greenfields Procedure, 18 CFR 385.210, .211, .214. Director of Water Resources and Main Canal, which is a feature of the In determining the appropriate action to Regulatory Affairs, P.O. Box 949, U.S. Bureau of Reclamation’s Sun River take, the Commission will consider all Turlock, CA 95381, telephone: (209) Project, in Teton County, Montana. protests or other comments filed, but 883–8300; and Modesto Irrigation g. Filed Pursuant to: Federal Power only those who file a motion to District, Greg Salyer, Resource Planning Act, 16 U.S.C. 791a–825r. intervene in accordance with the and Development Manager, P.O. Box h. Applicant Contact: Mr. Roger Kirk, Commission’s Rules may become a 4060, Modesto, CA 95352, telephone: Hydrodynamics, Inc., P.O. Box 1136, party to the proceeding. Any comments, (209) 526–7373. Bozeman, MT 59771, (406) 587–5086. protests, or motions to intervene must i. FERC Contact: Mrs. Anumzziatta i. FERC Contact: Patricia W. Gillis, be received on or before the specified Purchiaroni, telephone (202) 502–6191, Telephone (202) 502–8735. comment date for the particular and e-mail address: j. Deadline for filing comments, application. [email protected]. motions to intervene, and protests: o. Filing and Service of Responsive j. Deadline for filing comments, August 19, 2010. Comments, motions to Documents—All filings must: (1) Bear in motions to intervene, and protest: intervene, and protests may be filed all capital letters the title August 20, 2010. electronically via the Internet. See 18 ‘‘COMMENTS,’’ ‘‘PROTEST,’’ OR All documents (original and eight CFR 385.2001(a)(1)(iii) and the ‘‘MOTION TO INTERVENE,’’ as copies) should be filed with: Secretary, instructions on the Commission’s Web applicable, and the Project Number of Federal Energy Regulatory Commission, site under the ‘‘eFiling’’ link. If unable to the particular application to which the 888 First Street, NE., Washington, DC be filed electronically, documents may filing refers. 20426.

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The Commission’s Rules of Practice requirements of Rules of Practice and f. Location of Project: On Silver Creek and Procedure require all interveners Procedure, 18 CFR 385.210, 385.211, and the North Fork Stanislaus River, in filing documents with the Commission 385.214. In determining the appropriate Tuolumne and Alpine Counties, to serve a copy of that document on action to take, the Commission will California. each person whose name appears on the consider all protests or other comments g. Filed Pursuant to: Federal Power official service list for the project. filed, but only those who file a motion Act, 16 U.S.C. 791a–825r. Further, if an intervener files comments to intervene in accordance with the h. Applicant Contact: Mr. Randy or documents with the Commission Commission’s Rules may become a Bowersox, Manager, Hydroelectric relating to the merits of an issue that party to the proceeding. Any comments, Operations, Northern California Power may affect the responsibilities of a protests, or motions to intervene must Agency, 477 Bret Harte Drive, Murphys, particular resource agency, they must be received on or before the specified CA 95247; (209) 728–1387. also serve a copy of the document on comment date for the particular i. FERC Contact: Mr. John Aedo, (415) that resource agency. A copy of any application. 369–3335, [email protected]. motion to intervene must also be served o. Any filings must bear in all capital j. Deadline for filing comments, upon each representative of the letters the title ‘‘COMMENTS,’’ motions to intervene, and protest: Applicant specified in the particular ‘‘PROTEST,’’ or ‘‘MOTION TO August 20, 2010. All documents (original and eight application. INTERVENE,’’ as applicable, and the copies) should be filed with: Kimberly k. Description of Request: The Project Number of the particular D. Bose, Secretary, Federal Energy licensees are proposing to delete from application to which the filing refers. Regulatory Commission, 888 First the license the following transmission p. Agency Comments: Federal, state, Street, NE., Washington, DC 20426. lines: 28.5-mile long, 69-kV Don Pedro- and local agencies are invited to file Tuolumne Lines 1 and 2 extending from Comments, protests and interventions comments on the described application. may be filed electronically via the the Don Pedro switchyard to the A copy of the application may be Turlock Irrigation District’s Tuolumne Internet in lieu of paper. See, 18 CFR obtained by agencies directly from the 385.2001(a)(1)(iii) and the instructions Substation; (2) 23-mile-long, 69-kV Don Applicant. If an agency does not file Pedro-Hawkins Line extending from the on the Commission’s Web site at comments within the time specified for http://www.ferc.gov under the ‘‘e-Filing’’ Don Pedro switchyard to the Turlock filing comments, it will be presumed to Irrigation District’s Hawkins Substation; link. The Commission strongly have no comments. One copy of an encourages electronic filings. and (3) 22.4-mile-long, 69-kV Don agency’s comments must also be sent to Pedro-Reinway North and South lines The Commission’s Rules of Practice the Applicant’s representatives. and Procedure require all intervenors extending from the Don Pedro q. Comments, protests and Switchyard to the Modesto Irrigation filing documents with the Commission interventions may be filed electronically to serve a copy of that document on District’s Reinway Substation. The via the Internet in lieu of paper. See, 18 licensees state that the lines have each person in the official service list CFR 385.2001(a)(1)(iii) and the for the project. Further, if an intervenor become part of the interconnected instructions on the Commission’s Web transmission system in California, and files comments or documents with the site at http://www.ferc.gov under the Commission relating to the merits of an thus are no longer ‘‘primary lines.’’ ‘‘e-Filing’’ link. l. Locations of the Application: A issue that may affect the responsibilities copy of the application is available for Kimberly D. Bose, of a particular resource agency, they inspection and reproduction at the Secretary. must also serve a copy of the document Commission’s Public Reference Room, [FR Doc. 2010–18280 Filed 7–26–10; 8:45 am] on that resource agency. A copy of any motion to intervene must also be served located at 888 First Street, NE., Room BILLING CODE 6717–01–P 2A, Washington, DC 20426, or by calling upon each representative of the (202) 502–8371. Information about this Applicant specified in the particular filing may also be viewed on the DEPARTMENT OF ENERGY application. Commission’s Web site at http:// k. Description of Request: The www.ferc.gov using the ‘‘eLibrary’’ link. Federal Energy Regulatory Northern California Power Agency Enter the docket number excluding the Commission (licensee) is requesting approval for a temporary deviation from minimum last three digits in the docket number [ Project No. 11563–057] field to access the document. You may surface elevation and minimum water also register Online at http:// Northern California Power Agency; volume limits at Lake Alpine. Article www.ferc.gov/docs-filing/ Notice of Application for Amendment 403 of the project license requires that esubscription.asp to be notified via e- of License and Soliciting Comments, the licensee maintain Lake Alpine at mail of new filings and issuances Motions To Intervene, and Protests full pool (elevation 7,302 feet) from June related to this or other pending projects. 1 to November 1st or October 15th if For assistance, call 1–866–208–3676 or July 19, 2010. early drawdown occurs, to meet e-mail [email protected], Take notice that the following minimum flow releases to Silver Creek, for TTY, call (202) 502–8659. A copy is hydroelectric application has been filed downstream of the lake. Article 403 also also available for inspection and with the Commission and is available requires that the licensee maintain a reproduction at the address in item (h) for public inspection: minimum water volume of 2,500 acre above. a. Application Type: Request for feet at Lake Alpine from November 1st m. Individuals desiring to be included temporary license amendment. or October 15th to June 1st for the on the Commission’s mailing list should b. Project No.: 11563–057. protection of overwintering brook and so indicate by writing to the Secretary c. Date Filed: May 26, 2010, and rainbow trout. The licensee requests of the Commission. supplemented on July 12, 2010. that it be allowed to partially drawdown n. Comments, Protests, or Motions to d. Applicant: Northern California Lake Alpine to facilitate repairs to the Intervene—Anyone may submit Power Agency. low level outlet works at the project. comments, a protest, or a motion to e. Name of Project: Upper Utica The licensee states that the absolute intervene in accordance with the Project. minimum surface pool elevation could

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reach 7272.6 feet, and would remain instructions on the Commission’s Web Description: Criterion Power Partners, partially drawn down throughout the site at http://www.ferc.gov under the LLC submits amendment to its winter, until the reservoir completely ‘‘e-Filing’’ link. Application for Order Authorizing refills by June 1, 2011. Market-Based Rates, Certain Waivers, Kimberly D. Bose, l. Locations of the Application: The and Blanket Authorization which was filing is available for inspection and Secretary. filed on 6/15/10. reproduction at the Commission’s [FR Doc. 2010–18275 Filed 7–26–10; 8:45 am] Filed Date: 07/15/2010. Public Reference Room, located at 888 BILLING CODE 6717–01–P Accession Number: 20100715–0213. First Street, NE., Room 2A, Washington, Comment Date: 5 p.m. e.t. on DC 20426, or by calling (202) 502–8371. Monday, July 26, 2010. This filing may also be viewed on the DEPARTMENT OF ENERGY Docket Numbers: ER10–1773–000. Commission’s Web site at http:// Applicants: Allegheny Energy Supply Federal Energy Regulatory www.ferc.gov using the ‘‘eLibrary’’ link. Company LLC. Enter the docket number (P–11563–057) Commission Description: Allegheny Energy Supply in the docket number field to access the Combined Notice of Filings #1 Company, LLC submits request for document. You may also register online authorization to make wholesale power at http://www.ferc.gov/docs-filing/ July 16, 2010. sales to its affiliate. esubscription.asp to be notified via Take notice that the Commission Filed Date: 07/14/2010. e-mail of new filings and issuances received the following electric corporate Accession Number: 20100714–0206. related to this or other pending projects. filings: Comment Date: 5 p.m. e.t. on For assistance, call 1–866–208–3676 or Docket Numbers: EC87–10–000. Wednesday, August 4, 2010. e-mail [email protected], Applicants: Public Service Company Docket Numbers: ER10–1779–000. for TTY, call (202) 502–8659. A copy is of New Mexico. Applicants: PJM Interconnection, also available for inspection and Description: Public Service Company L.L.C. reproduction at the address in item (h) of New Mexico submits their report Description: PJM Interconnection, Inc above. under oath concerning matter relating to submits an executed interconnection m. Individuals desiring to be included securities of other public utilities. construction service agreement with on the Commission’s mailing list should Filed Date: 07/15/2010. Blackstone Wind Farm II, LLC et al. so indicate by writing to the Secretary Accession Number: 20100715–0013. Filed Date: 07/14/2010. of the Commission. Comment Date: 5 p.m. e.t. on Accession Number: 20100715–0201. n. Comments, Protests, or Motions to Thursday, August 5, 2010. Comment Date: 5 p.m. e.t. on Intervene: Anyone may submit Take notice that the Commission Wednesday, August 4, 2010. comments, a protest, or a motion to received the following electric rate Docket Numbers: ER10–1780–000. intervene in accordance with the filings: Applicants: PJM Interconnection, requirements of Rules of Practice and Docket Numbers: ER07–876–002. L.L.C. Procedure, 18 CFR 385.210, .211, .214. Applicants: Chevron Coalinga Energy Description: PJM Interconnection, Inc In determining the appropriate action to Company. submits an executed Wholesale Market take, the Commission will consider all Description: Chevron Coalinga Energy Participation Agreement with protests or other comments filed, but Co submits the Order No. 697 Sustainable Energy Holdings, LLC et al. only those who file a motion to Compliance Filing. Filed Date: 07/14/2010. intervene in accordance with the Filed Date: 07/12/2010. Accession Number: 20100715–0202. Commission’s Rules may become a Accession Number: 20100712–0007. Comment Date: 5 p.m. e.t. on party to the proceeding. Any comments, Comment Date: 5 p.m. e.t. on Wednesday, August 4, 2010. protests, or motions to intervene must Monday, August 2, 2010. Docket Numbers: ER10–1783–000. be received on or before the specified Docket Numbers: ER08–416–006; Applicants: REP Energy. comment date for the particular ER06–1552–008. Description: REP Energy LLC submits application. Applicants: Midwest Independent the Petition for Acceptance of Initial o. Filing and Service of Responsive Transmission System. Rate Schedule, Waivers and Blanket Documents: Any filings must bear in all Description: Midwest Independent Authority. capital letters the title ‘‘COMMENTS’’, Transmission Operator, Inc submits Filed Date: 07/15/2010. ‘‘PROTEST’’, OR ‘‘MOTION TO revised tariff sheets as directed by the Accession Number: 20100715–0208. INTERVENE’’, as applicable, and the Commission. Comment Date: 5 p.m. e.t. on Project Number of the particular Filed Date: 07/14/2010. Thursday, August 5, 2010. application to which the filing refers. Accession Number: 20100714–0203. Docket Numbers: ER10–1784–000. p. Agency Comments: Federal, state, Comment Date: 5 p.m. e.t. on Applicants: PacifiCorp. and local agencies are invited to file Wednesday, August 4, 2010. Description: PacifiCorp submits comments on the described application. Docket Numbers: ER10–1089–002. jurisdictional agreement re the Second A copy of the application may be Applicants: EquiPower Resources Revised Network Integration obtained by agencies directly from the Management, LLC. Transmission Service Agreement. Applicant. If an agency does not file Description: EquiPower Resources Filed Date: 07/15/2010. comments within the time specified for Management, LLC submits additional Accession Number: 20100715–0235. filing comments, it will be presumed to information to its 4/23/10 filing. Comment Date: 5 p.m. e.t. on have no comments. One copy of an Filed Date: 07/15/2010. Thursday, August 5, 2010. agency’s comments must also be sent to Accession Number: 20100715–0214. Docket Numbers: ER10–895–004. the Applicant’s representatives. Comment Date: 5 p.m. e.t. on Applicants: The Detroit Edison q. Comments, protests and Thursday, August 5, 2010. Company. interventions may be filed electronically Docket Numbers: ER10–1443–001. Description: Detroit Edison Company via the Internet in lieu of paper. See, 18 Applicants: Criterion Power Partners, submits a request for an effective date of CFR 385.2001(a)(1)(iii) and the LLC. the delayed Notice of Cancellation.

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Filed Date: 07/14/2010. eLibrary system by clicking on the 4515–011; ER09–1364–003; ER01–138– Accession Number: 20100714–0204. appropriate link in the above list. They 008; ER06–744–006; ER01–1418–012; Comment Date: 5 p.m. e.t. on are also available for review in the ER02–1238–012; ER03–28–006; ER03– Wednesday, August 4, 2010. Commission’s Public Reference Room in 398–013; ER09–1488–002; ER02–1884– Any person desiring to intervene or to Washington, DC. There is an 011. protest in any of the above proceedings eSubscription link on the Web site that Applicants: Chandler Wind Partners, must file in accordance with Rules 211 enables subscribers to receive e-mail LLC, Foote Creek II, LLC, Foote Creek and 214 of the Commission’s Rules of notification when a document is added IV, LLC, Ridge Crest Wind Partners, Practice and Procedure (18 CFR 385.211 to a subscribed dockets(s). For LLC, Oak Creek Wind Power, LLC, Delta and 385.214) on or before 5 p.m. e.t. on assistance with any FERC Online Person Limited Partnership, Waterside the specified comment date. It is not service, please e-mail Power LLC, Michigan Power Limited necessary to separately intervene again [email protected], or call Partnership, Sabine Cogen LP, Foote in a subdocket related to a compliance (866) 208–3676 (toll free). For TTY, call Creek III, LLC, Effingham County Power, filing if you have previously intervened (202) 502–8659. LLC, MPC Generating, LLC, Walton in the same docket. Protests will be County Power, LLC, Washington County considered by the Commission in Nathaniel J. Davis, Sr., Power, LLC, Black Bear Hydro Partners, determining the appropriate action to be Deputy Secretary. LLC, Coso Geothermal Power Holdings, taken, but will not serve to make [FR Doc. 2010–18311 Filed 7–26–10; 8:45 am] LLC, Cadillac Renewable Energy LLC. protestants parties to the proceeding. BILLING CODE 6717–01–P Description: Notice of Non-Material Anyone filing a motion to intervene or Change in Status of Chandler Wind protest must serve a copy of that Partners, LLC, et. al. under ER01–390, et document on the Applicant. In reference DEPARTMENT OF ENERGY al. to filings initiating a new proceeding, Filed Date: 07/12/2010. interventions or protests submitted on Federal Energy Regulatory Accession Number: 20100712–5166. or before the comment deadline need Commission Comment Date: 5 p.m. Eastern Time not be served on persons other than the on Monday, August 02, 2010. Combined Notice of Filings #1 Applicant. Docket Numbers: ER10–941–003. As it relates to any qualifying facility July 19, 2010. Applicants: Southwest Power Pool, filings, the notices of self-certification Take notice that the Commission Inc. [or self-recertification] listed above, do received the following exempt Description: Southwest Power Pool, not institute a proceeding regarding wholesale generator filings: Inc. submits certain revisions to the qualifying facility status. A notice of Docket Numbers: EG10–52–000. protocols attached to the Seams self-certification [or self-recertification] Agreement with Entergy Services, Inc. simply provides notification that the Applicants: RRI Energy West, Inc. Description: Notice of Self- Filed Date: 07/15/2010. entity making the filing has determined Certification of Exempt Wholesale Accession Number: 20100716–0202. the facility named in the notice meets Generator Status of RRI Energy West, Comment Date: 5 p.m. Eastern Time the applicable criteria to be a qualifying Inc. on Thursday, August 05, 2010. facility. Intervention and/or protest do Filed Date: 07/19/2010. Docket Numbers: ER10–1339–001. not lie in dockets that are qualifying Accession Number: 20100719–5047. Applicants: Southern Indiana Gas and facility self-certifications or self- Comment Date: 5 p.m. Eastern Time Electric Company. recertifications. Any person seeking to on Monday, August 09, 2010. Description: Southern Indiana Gas challenge such qualifying facility status and Electric Company, Inc. submits Take notice that the Commission may do so by filing a motion pursuant tariff filing per 35: Southern Indiana Gas received the following electric rate to 18 CFR 292.207(d)(iii). Intervention & Electric Company Ancillary Services filings: and protests may be filed in response to Tariff to be effective 7/16/2010. notices of qualifying facility dockets Docket Numbers: ER96–1361–017; Filed Date: 07/16/2010. other than self-certifications and self- ER07–903–006; ER00–1770–023; ER99– Accession Number: 20100716–5041. recertifications. 2781–015; ER04–472–012; ER08–1336– Comment Date: 5 p.m. Eastern Time The Commission encourages 004; ER01–202–012; ER98–3096–019; on Friday, August 06, 2010. electronic submission of protests and ER98–4138–013; ER04–472–013. Docket Numbers: ER10–1472–001. interventions in lieu of paper, using the Applicants: Atlantic City Electric Applicants: Choice Energy, LLC. FERC Online links at http:// Company; Bethlehem Renewable Description: Choice Energy, LLC www.ferc.gov. To facilitate electronic Energy, LLC; Conectiv Energy Supply, submits their Application for Order service, persons with Internet access Inc.; Delmarva Power & Light Company; Accepting Rates for Filing and Granting who will eFile a document and/or be Eastern Landfill Gas, LLC; Energy Waivers and Blanket Approvals. listed as a contact for an intervenor Systems North East LLC; Potomac Filed Date: 07/16/2010. must create and validate an Power Resources, Inc.; Pepco Energy Accession Number: 20100716–0181. eRegistration account using the Services, Inc.; Potomac Electric Power Comment Date: 5 p.m. Eastern Time eRegistration link. Select the eFiling Company; Fauquier Landfull Gas, LLC. on Friday, August 06, 2010. link to log on and submit the Description: Notification of Change in Docket Numbers: ER10–1785–000. intervention or protests. Status of Pepco Holdings Inc. Applicants: UBS AG. Persons unable to file electronically Filed Date: 07/19/2010. Description: UBS AG submits tariff should submit an original and 14 copies Accession Number: 20100719–5040. filing per 35.12: UBS AG Electric Rate of the intervention or protest to the Comment Date: 5 p.m. Eastern Time Schedule Baseline to be effective 7/15/ Federal Energy Regulatory Commission, on Monday, August 09, 2010. 2010. 888 First St., NE., Washington, DC Docket Numbers: ER01–390–009; Filed Date: 07/15/2010. 20426. ER99–3450–011; ER99–2769–012; Accession Number: 20100715–5074. The filings in the above proceedings ER00–2706–009; ER01–2760–008; Comment Date: 5 p.m. Eastern Time are accessible in the Commission’s ER10–566–003; ER08–1255–005; ER98– on Thursday, August 05, 2010.

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Docket Numbers: ER10–1786–000. Comment Date: 5 p.m. Eastern Time Filed Date: 07/16/2010. Applicants: Credit Suisse Energy, on Thursday, August 05, 2010. Accession Number: 20100716–5137. LLC. Docket Numbers: ER10–1792–000. Comment Date: 5 p.m. Eastern Time Description: Credit Suisse Energy, Applicants: PJM Interconnection, on Friday, August 06, 2010. LLC submits tariff filing per 35.12: LLC. Docket Numbers: ER10–1798–000. Credit Suisse Energy LLC Electric Rate Description: PJM Interconnection, Applicants: Northern States Power Schedule to be effective 7/15/2010. LLC submits an executed interim Company, a Wisconsin Corporation. Filed Date: 07/15/2010. interconnection service agreement with Description: Northern States Power Accession Number: 20100715–5075. Blackstone Wind Farm III LLC et al. Company, a Wisconsin corporation Comment Date: 5 p.m. Eastern Time Filed Date: 07/15/2010. submits tariff filing per 35.12: on Thursday, August 05, 2010. Accession Number: 20100716–0203. 20100716_Baseline Filing to be effective Docket Numbers: ER10–1787–000. Comment Date: 5 p.m. Eastern Time 7/16/2010. Applicants: PSEG Energy Resources & on Thursday, August 05, 2010. Filed Date: 07/19/2010. Trade LLC. Docket Numbers: ER10–1793–000. Accession Number: 20100719–5000. Description: PSEG Energy Resources & Applicants: PSEG Power Connecticut Comment Date: 5 p.m. Eastern Time Trade LLC submits tariff filing per 35: LLC. on Monday, August 09, 2010. Compliance filing of PSEG ER&T Description: PSEG Power Connecticut Docket Numbers: ER10–1799–000. Reactive Supply & Voltage Control LLC submits tariff filing per 35: Applicants: Public Service Company Service Tariff to be effective 7/15/2010. Compliance Filing re PSEG Power of Colorado. Filed Date: 07/15/2010. Connecticut LLC Market-Based Rate Description: Public Service Company Accession Number: 20100715–5108. Tariff to be effective 7/16/2010. of Colorado submits tariff filing per Comment Date: 5 p.m. Eastern Time Filed Date: 07/16/2010. 35.12: 20100719_Baseline Filing to be on Thursday, August 05, 2010. Accession Number: 20100716–5091. effective 7/16/2010. Docket Numbers: ER10–1788–000. Comment Date: 5 p.m. Eastern Time Filed Date: 07/19/2010. Applicants: Pacific Gas and Electric on Friday, August 06, 2010. Accession Number: 20100719–5039. Company. Docket Numbers: ER10–1794–000. Comment Date: 5 p.m. Eastern Time Description: Pacific Gas and Electric on Monday, August 09, 2010. Company submits tariff filing per Applicants: Public Service Company 35.13(a)(2)(iii): Revision to Trinity of Colorado. Docket Numbers: ER10–1800–000. Public Utilities District Interconnection Description: Public Service Company Applicants: Indianapolis Power & Agreement to be effective 9/14/2010. of Colorado submits tariff filing per Light Company. 35.12: Description: Indianapolis Power & Filed Date: 07/16/2010. _ _ _ _ Accession Number: 20100716–5000. 2010 7 16 WestConnect Baseline to be Light Company submits tariff filing per Comment Date: 5 p.m. Eastern Time effective 7/16/2010. 35.12: IPL Market Based Rate Tariff to on Friday, August 06, 2010. Filed Date: 07/16/2010. be effective 7/20/2010. Accession Number: 20100716–5095. Filed Date: 07/19/2010. Docket Numbers: ER10–1789–000. Comment Date: 5 p.m. Eastern Time Accession Number: 20100719–5042. Applicants: PSEG Energy Resources & on Friday, August 06, 2010. Comment Date: 5 p.m. Eastern Time Trade LLC. on Monday, August 09, 2010. Description: PSEG Energy Resources & Docket Numbers: ER10–1795–000. Trade LLC submits tariff filing per 35: Applicants: Golden Spread Electric Docket Numbers: ER10–1801–000. PSEG Energy Resources & Trade LLC Cooperative, Inc. Applicants: The Connecticut Light Market-Based Rate Tariff Volume No. 1 Description: Golden Spread Electric and Power Company. to be effective 7/16/2010. Cooperative, Inc. submits tariff filing per Description: The Connecticut Light Filed Date: 07/16/2010. 35: 2010 Annual Update to be effective and Power Company submits tariff filing Accession Number: 20100716–5036. 7/16/2010. per 35.12: CL&P Baseline Filing of Comment Date: 5 p.m. Eastern Time Filed Date: 07/16/2010. Market-Based Tariff Under Order No. on Friday, August 06, 2010. Accession Number: 20100716–5101. 714 to be effective 7/19/2010. Docket Numbers: ER10–1790–000. Comment Date: 5 p.m. Eastern Time Filed Date: 07/19/2010. Applicants: BP Energy Company. on Friday, August 06, 2010. Accession Number: 20100719–5069. Description: BP Energy Company Docket Numbers: ER10–1796–000. Comment Date: 5 p.m. Eastern Time submits tariff filing per 35.12: Baseline Applicants: Southwestern Public on Monday, August 09, 2010. MBR Tariff Filing of BP Energy Service Company. Docket Numbers: ER10–1802–000. Company to be effective 8/1/2010. Description: Southwestern Public Applicants: Dominion Energy Filed Date: 07/16/2010. Service Company submits tariff filing Manchester Street, Inc. Accession Number: 20100716–5051. per 35.12: 20100716_Baseline Filing to Description: Dominion Energy Comment Date: 5 p.m. Eastern Time be effective 7/16/2010. Manchester Street, Inc. submits tariff on Friday, August 06, 2010. Filed Date: 07/16/2010. filing per 35.12: Baseline to be effective Docket Numbers: ER10–1791–000. Accession Number: 20100716–5120. 7/19/2010. Applicants: Midwest Independent Comment Date: 5 p.m. Eastern Time Filed Date: 07/19/2010. Transmission System Operator, Inc. on Friday, August 06, 2010. Accession Number: 20100719–5070. Description: Midwest Independent Docket Numbers: ER10–1797–000. Comment Date: 5 p.m. Eastern Time Transmission System Operator, Inc. et Applicants: Northern States Power on Monday, August 09, 2010. al submits the proposed revisions to Company, a Minnesota Corporation. Docket Numbers: ER10–1805–000. their ISO Open Access Transmission, Description: Northern States Power Applicants: Public Service Company Energy and Operating Reserve Markets Company, a Minnesota corporation of New Hampshire. Tariff. submits tariff filing per 35.12: Description: Public Service Company Filed Date: 07/15/2010. 20100716_Baseline Filing to be effective of New Hampshire submits tariff filing Accession Number: 20100716–0206. 7/16/2010. per 35.12: PSNH Baseline Filing of

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Market-Based Tariff Under Order No. The filings in the above proceedings Statement includes a revised Statement 714 to be effective 7/19/2010. are accessible in the Commission’s of Rate page and minor changes Filed Date: 07/19/2010. eLibrary system by clicking on the throughout the document to reference Accession Number: 20100719–5083. appropriate link in the above list. They transportation service ‘‘charges’’ rather Comment Date: 5 p.m. Eastern Time are also available for review in the than ‘‘fees.’’ on Monday, August 09, 2010. Commission’s Public Reference Room in Any person desiring to protest this Any person desiring to intervene or to Washington, DC. There is an filing must file in accordance with Rule protest in any of the above proceedings eSubscription link on the Web site that 211 of the Commission’s Rules of must file in accordance with Rules 211 enables subscribers to receive e-mail Practice and Procedure (18 CFR and 214 of the Commission’s Rules of notification when a document is added 385.211). Protests to this filing will be Practice and Procedure (18 CFR 385.211 to a subscribed dockets(s). For considered by the Commission in and 385.214) on or before 5 p.m. Eastern assistance with any FERC Online determining the appropriate action to be time on the specified comment date. It service, please e-mail taken, but will not serve to make is not necessary to separately intervene [email protected] or call protestants parties to the proceeding. again in a subdocket related to a (866) 208–3676 (toll free). For TTY, call Such protests must be filed on or before compliance filing if you have previously (202) 502–8659. 5 p.m. e.t. on the specified comment intervened in the same docket. Protests date. Anyone filing a protest must serve will be considered by the Commission Nathaniel J. Davis, Sr., a copy of that document on all the in determining the appropriate action to Deputy Secretary. parties to the proceeding. be taken, but will not serve to make [FR Doc. 2010–18310 Filed 7–26–10; 8:45 am] The Commission encourages protestants parties to the proceeding. BILLING CODE 6717–01–P electronic submission of protests in lieu Anyone filing a motion to intervene or of paper using the ‘‘eFiling’’ link at protest must serve a copy of that http://www.ferc.gov. Persons unable to document on the Applicant. In reference DEPARTMENT OF ENERGY file electronically should submit an to filings initiating a new proceeding, original and 14 copies of the protest to interventions or protests submitted on Federal Energy Regulatory Commission the Federal Energy Regulatory or before the comment deadline need Commission, 888 First Street, NE., not be served on persons other than the Notice of Commissioner and Staff Washington, DC 20426. Applicant. Attendance at National Association of This filing is accessible online at As it relates to any qualifying facility http://www.ferc.gov, using the filings, the notices of self-certification Regulatory Utility Commissioners Summer Committee Meetings ‘‘eLibrary’’ link and is available for [or self-recertification] listed above, do review in the Commission’s Public not institute a proceeding regarding July 20, 2010. Reference Room in Washington, DC. qualifying facility status. A notice of The Federal Energy Regulatory There is an ‘‘eSubscription’’ link on the self-certification [or self-recertification] Commission hereby gives notice that Web site that enables subscribers to simply provides notification that the members of the Commission and/or receive e-mail notification when a entity making the filing has determined Commission staff may attend the document is added to a subscribed the facility named in the notice meets following meeting: docket(s). For assistance with any FERC the applicable criteria to be a qualifying Committee on Electricity: Sacramento Online service, please e-mail facility. Intervention and/or protest do Convention Center, 1400 J Street, [email protected], or call not lie in dockets that are qualifying Sacramento, CA 95814. (866) 208–3676 (toll free). For TTY, call facility self-certifications or self- July 20, 2010 (10:45 a.m.—5 p.m.) (202) 502–8659. recertifications. Any person seeking to Further information may be found at Comment Date: 5 p.m. e.t. on challenge such qualifying facility status http://summer.narucmeetings.org/ Monday, August 2, 2010. may do so by filing a motion pursuant program.cfm. to 18 CFR 292.207(d)(iii). Intervention Kimberly D. Bose, and protests may be filed in response to Kimberly D. Bose, Secretary. notices of qualifying facility dockets Secretary. [FR Doc. 2010–18282 Filed 7–26–10; 8:45 am] other than self-certifications and self- [FR Doc. 2010–18285 Filed 7–26–10; 8:45 am] BILLING CODE 6717–01–P recertifications. BILLING CODE 6717–01–P The Commission encourages electronic submission of protests and DEPARTMENT OF ENERGY interventions in lieu of paper, using the DEPARTMENT OF ENERGY FERC Online links at http:// Federal Energy Regulatory www.ferc.gov. To facilitate electronic Federal Energy Regulatory Commission service, persons with Internet access Commission [Docket No. PR05–17–007] who will eFile a document and/or be [Docket No. PR10–20–001] listed as a contact for an intervenor DCP Guadalupe Pipeline, LLC; Notice must create and validate an Regency Intrastate Gas LP; Notice of of Compliance Filing eRegistration account using the Compliance Filing eRegistration link. Select the eFiling July 19, 2010. link to log on and submit the July 19, 2010. Take notice that on July 15, 2010, DCP intervention or protests. Take notice that on July 14, 2010, Guadalupe Pipeline, LLC (Guadalupe) Persons unable to file electronically Regency Intrastate Gas LP filed pursuant filed a refund report pursuant to a June should submit an original and 14 copies to the Letter Order approving the 10, 2010, Letter Order which required of the intervention or protest to the Stipulation and Agreement (Settlement) Guadalupe to file a refund report or a Federal Energy Regulatory Commission, in Docket Nos. PR10–7–000 and 001, a declaration that no refunds are required 888 First St, NE., Washington, DC revised Operating Statement effective within 60 days of the issuance of the 20426. August 1, 2010. The updated Operating June 10 order.

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Any person desiring to participate in Enterprise Alabama to file within 30 DEPARTMENT OF ENERGY this rate filing must file in accordance days of the issuance of the July 8 order with Rules 211 and 214 of the a stand alone statement of rates that Federal Energy Regulatory Commission’s Rules of Practice and includes all currently effective Commission Procedure (18 CFR 385.211 and maximum and minimum rates and fuel 385.214). Protests will be considered by charges. [Project No. 516–459] the Commission in determining the Any person desiring to participate in appropriate action to be taken, but will South Carolina Electric and Gas this rate filing must file in accordance not serve to make protestants parties to Company, South Carolina; Notice of with Rules 211 and 214 of the the proceeding. Any person wishing to Availability of Environmental Commission’s Rules of Practice and become a party must file a notice of Assessment intervention or motion to intervene, as Procedure (18 CFR 385.211 and appropriate. Such notices, motions, or 385.214). Protests will be considered by July 20, 2010. the Commission in determining the protests must be filed on or before the In accordance with the National date as indicated below. Anyone filing appropriate action to be taken, but will not serve to make protestants parties to Environmental Policy Act of 1969 and an intervention or protest must serve a the Federal Energy Regulatory copy of that document on the Applicant. the proceeding. Any person wishing to Commission’s (Commission or FERC’s) Anyone filing an intervention or protest become a party must file a notice of regulations, 18 Code of Federal on or before the intervention or protest intervention or motion to intervene, as date need not serve motions to intervene appropriate. Such notices, motions, or Regulations (CFR) part 380 (Order No. or protests on persons other than the protests must be filed on or before the 486, 52 Federal Register [FR] 47897), Applicant. date as indicated below. Anyone filing the Office of Energy Projects has The Commission encourages an intervention or protest must serve a reviewed South Carolina Electric and electronic submission of protests and copy of that document on the Applicant. Gas Company’s application for license interventions in lieu of paper using the Anyone filing an intervention or protest for the Saluda Hydroelectric Project ‘‘eFiling’’ link at http://www.ferc.gov. on or before the intervention or protest (FERC Project No. 516), located on the Persons unable to file electronically date need not serve motions to intervene Saluda River in Richland, Lexington, should submit an original and 14 copies or protests on persons other than the Saluda, and Newberry counties, near of the protest or intervention to the Applicant. Columbia, South Carolina. The project Federal Energy Regulatory Commission, does not occupy any Federal lands. 888 First Street, NE., Washington, DC The Commission encourages electronic submission of protests and This environmental assessment (EA) 20426. contains staff’s analysis of the potential This filing is accessible on-line at interventions in lieu of paper using the environmental effects of the project and http://www.ferc.gov, using the ‘‘eFiling’’ link at http://www.ferc.gov. ‘‘eLibrary’’ link and is available for Persons unable to file electronically concludes that licensing the project, review in the Commission’s Public should submit an original and 14 copies with appropriate environmental Reference Room in Washington, DC. of the protest or intervention to the protective measures, would not There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory Commission, constitute a major federal action that Web site that enables subscribers to 888 First Street, NE., Washington, DC would significantly affect the quality of receive e-mail notification when a 20426. the human environment. document is added to a subscribed This filing is accessible on-line at A copy of the EA is available for docket(s). For assistance with any FERC http://www.ferc.gov, using the review at the Commission in the Public Online service, please e-mail Reference Room or may be viewed on [email protected], or call ‘‘eLibrary’’ link and is available for review in the Commission’s Public the Commission’s Web site at http:// (866) 208–3676 (toll free). For TTY, call www.ferc.gov using the ‘‘eLibrary’’ link. (202) 502–8659. Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Enter the docket number excluding the Comment Date: 5 p.m. e.t. on last three digits in the docket number Monday, August 2, 2010. Web site that enables subscribers to receive e-mail notification when a field to access the document. For Kimberly D. Bose, document is added to a subscribed assistance, contact FERC Online Secretary. docket(s). For assistance with any FERC Support at [FR Doc. 2010–18279 Filed 7–26–10; 8:45 am] Online service, please e-mail [email protected]; toll-free BILLING CODE 6717–01–P [email protected], or call at 1–866–208–3676, or for TTY, 202– (866) 208–3676 (toll free). For TTY, call 502–8659. For further information, contact Lee DEPARTMENT OF ENERGY (202) 502–8659. Comment Date: 5 p.m. Eastern time Emery by telephone at (202) 502–8379, Federal Energy Regulatory on August 2, 2010. or by e-mail at [email protected]. Commission Kimberly D. Bose, Kimberly D. Bose, [Docket No. PR10–21–001] Secretary. Secretary. [FR Doc. 2010–18283 Filed 7–26–10; 8:45 am] Enterprise Alabama Intrastate, LLC; [FR Doc. 2010–18287 Filed 7–26–10; 8:45 am] BILLING CODE 6717–01–P Notice of Compliance Filing BILLING CODE 6717–01–P

July 20, 2010. Take notice that on July 19, 2010, Enterprise Alabama Intrastate, LLC (Enterprise Alabama) pursuant to a July 8, 2010, Letter Order which required

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DEPARTMENT OF ENERGY Expansion Project (NJ–NY Expansion from the public and interested agencies Project or Project) involving on the project. Your input will help the Federal Energy Regulatory construction and operation of facilities Commission staff determine what issues Commission by Spectra Energy Corporation (Spectra need to be evaluated in the EIS. Please [Docket No. PF10–17–000] Energy) natural gas pipeline companies; note that the scoping period will close Texas Eastern Transmission, LP (Texas on August 20, 2010. Texas Eastern Transmission, LP; Eastern) and Algonquin Gas This notice is being sent to the Algonquin Gas Transmission, LLC; Transmission, LLC (Algonquin) Commission’s current environmental Notice of Intent To Prepare an (collectively, the Applicants); in the mailing list for this project. State and Environmental Impact Statement for Boroughs of Staten Island and local government representatives are the Planned New Jersey–New York Manhattan, New York; Hudson, Union, asked to notify their constituents of this Expansion Project, Request for Bergen, and Morris Counties, New planned project and encourage them to Comments on Environmental Issues, Jersey; and Middlesex County, comment on their areas of concern. and Notice of Public Scoping Meetings Connecticut. This EIS will be used by Comments may be submitted in July 16, 2010. the Commission in its decision-making written form or verbally. Further details The staff of the Federal Energy process to determine whether the on how to submit written comments are Regulatory Commission (FERC or project is in the public convenience and provided in the Public Participation Commission) will prepare an necessity. section of this notice. In lieu of or in environmental impact statement (EIS) This notice announces the opening of addition to sending written comments, that will address the environmental the scoping process that the we 1 invite you to attend the public impacts of the New Jersey–New York Commission will use to gather input scoping meetings scheduled as follows:

Date and time Location

August 2, 2010, 7 p.m. EDT ...... Knights of Columbus Hall, 669 Avenue C, Bayonne, New Jersey 07002. August 3, 2010, 7 p.m. EDT ...... PS 44—Thomas C. Brown School Auditorium, 80 Maple Parkway, Staten Island, New York 10303. August 4, 2010, 7 p.m. EDT ...... James J. Ferris High School Auditorium, 35 Colgate Street, Jersey City, New Jersey 07302. August 5, 2010, 7 p.m. EDT ...... Westbeth Artists Housing Community Room, 55 Bethune Street, New York, New York 10014.

The public meetings are designed to To Know?’’ is available for viewing on Compressor Station in Linden, New provide you with more detailed the FERC Web site (http:// Jersey and an existing metering and information and another opportunity to www.ferc.gov). This fact sheet addresses regulating (M&R) station in the Borough offer your comments on the proposed a number of typically-asked questions, of Staten Island, New York; project. Texas Eastern and Algonquin including the use of eminent domain • Construction of approximately 15.5 representatives will be present one hour and how to participate in the miles of new 30-inch-diameter pipeline before each meeting to describe their Commission’s proceedings. from Texas Eastern’s existing metering proposal, present maps, and answer and regulating station in the Borough of Summary of the Proposed Project questions. Interested groups and Staten Island, New York, through individuals are encouraged to attend the Texas Eastern and Algonquin have Bayonne and Jersey City, New Jersey, to meetings and to present comments on announced their plans to construct and the Borough of Manhattan, New York; • the issues they believe should be operate approximately 20.0 miles of Abandon in-place approximately addressed in the EIS. A transcript of new 42-inch-diameter and 30-inch- 1.3 miles of 12-inch-diameter pipeline each meeting will be made so that your diameter pipeline and associated in Linden, New Jersey and 0.9 miles of comments will be accurately recorded. pipeline facilities, and abandon 2.2 12-inch-diameter pipeline in the If you are a landowner receiving this miles of 12-inch-diameter pipeline in Borough of Staten Island, New York; • Installation of six new M&R stations notice, you may be contacted by a New Jersey, New York, and Connecticut. The NJ–NY Expansion Project would including: pipeline company representative about › Hanover M&R Stations—two new provide about 800 thousand dekatherms the acquisition of an easement to M&R stations, including pressure per day (Mdt/d) of natural gas from construct, operate, and maintain the regulation, at the existing Hanover multiple receipt points on the Texas planned facilities. The pipeline Compressor Station in Morris County, Eastern and Algonquin pipeline systems company would seek to negotiate a New Jersey; mutually acceptable agreement. to new delivery points in New Jersey › Bayonne M&R Station—a new However, if the Project is approved by and New York. The Applicants have M&R station, including a heater and the Commission, that approval conveys indicated that the project would pressure regulation, in Hudson County, with it the right of eminent domain. eliminate capacity constraints in the New Jersey; Therefore, if easement negotiations fail region, increase competition, and › Jersey City M&R Station—a new to produce an agreement, the pipeline reduce gas price volatility. M&R station, including heaters and company could initiate condemnation The NJ–NY Expansion Project would pressure regulation, in Hudson County, proceedings where compensation would consist of the following: New Jersey; be determined in accordance with state • Replacement of approximately 4.5 › Mahwah M&R Station—a new law. miles of existing 12-inch-diameter and M&R station, including a heater and A fact sheet prepared by the FERC 20-inch-diameter pipelines with a single pressure regulation, within the property entitled ‘‘An Interstate Natural Gas 42-inch-diameter pipeline between lines of an existing M&R station in Facility on My Land? What Do I Need Texas Eastern’s existing Linden Bergen County, New Jersey; and

1 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the environmental staff of the Office of Energy Projects (OEP).

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› Ramapo M&R Station—a new The EIS Process With this notice, we are asking M&R station, including a heater and The National Environmental Policy agencies with jurisdiction and/or pressure regulation, adjacent to an Act (NEPA) requires the Commission to special expertise with respect to existing M&R station in Rockland take into account the environmental environmental issues to formally County, New York. cooperate with us in the preparation of • impacts that could result from an action Modifications to three existing whenever it considers the issuance of a the EIS. These agencies may choose to compressor stations and two existing Certificate of Public Convenience and participate once they have evaluated the M&R stations including: proposal relative to their › Necessity. NEPA also requires us to Hanover Compressor Station— discover and address concerns the responsibilities. Agencies that would installation of reverse suction and public may have about proposals. This like to request cooperating agency status discharge lines and modification of the process is referred to as scoping. The should follow the instructions for filing existing Solar Taurus 60 compressor main goal of the scoping process is to comments provided under the Public unit in Morris County, New Jersey; focus the analysis in the EIS on the Participation section of this notice. › Cromwell and Hanover important environmental issues. By this Currently, the Environmental Protection Compressor Stations—modification of notice, the Commission requests public Agency and the New York City Mayor’s piping to accommodate bi-directional comments on the scope of the issues to Office have expressed their intention to flows in Middlesex County, Connecticut address in the EIS. All comments participate as cooperating agencies in and Morris County, New Jersey, received will be considered during the the preparation of the EIS to satisfy their respectively; and NEPA responsibilities related to this › Texas Eastern M&R Stations— preparation of the EIS. In the EIS we will discuss impacts project. installation of tap valves and over- that could occur as a result of the pressure protection at existing M&R Consultations Under Section 106 of the construction and operation of the stations in Union County, New Jersey National Historic Preservation Act planned project under these general and the Borough of Staten Island, New headings: In accordance with the Advisory York. • Council on Historic Preservation’s • 2 Geology and soils; Installation of pig launcher and • Land use; implementing regulations, we are using receiver facilities at the existing Linden • Water resources, fisheries, and this notice to solicit the views of the Compressor Station in Linden, New wetlands; public on the project’s potential effects Jersey and an existing M&R station in • Vegetation and wildlife on historic properties.4 We will • the Borough of Staten Island, New York; Endangered and threatened species; document our findings on the impacts installation of a pig launcher in Jersey • Cultural resources; • on cultural resources and summarize City, New Jersey; mainline valves in Air quality and noise; the status of consultations under section Bayonne and Jersey City, New Jersey; • Socioeconomics; and • Public safety. 106 of the National Historic and a block valve and flange in an Preservation Act in our EIS. underground vault in the Borough of We will also evaluate reasonable Manhattan, New York to accommodate alternatives to the planned project or Currently Identified Environmental a receiver. portions of the project, and make Issues The general location of the project recommendations on how to lessen or We have already identified several facilities is shown in Appendix 1.3 avoid impacts on the various resource areas. issues and alternatives that we think Land Requirements for Construction Although no formal application has deserve attention based on a The Applicants are still in the been filed, we have already initiated our preliminary review of the proposed planning phase for the NJ–NY NEPA review under the Commission’s facilities, comments made to us at the Expansion Project, and workspace Pre-filing process. The purpose of the Applicant’s open houses, preliminary requirements have not been finalized. Pre-filing process is to encourage early consultations with other agencies, and However, construction would disturb involvement of interested stakeholders the environmental information provided approximately 268 acres of land for the and to identify and resolve issues before by the Applicants. This preliminary list aboveground facilities and the pipeline. an application is filed with the FERC. of issues and alternatives may be Following construction, about 108 acres As part of our Pre-filing review, we have changed based on your comments and would be used for permanent operation begun to contact some federal and state our analysis: • of the project’s facilities. The remaining agencies to discuss their involvement in Contaminated soils and sediments; acreage would be restored and allowed the scoping process and the preparation • Evaluation of temporary and to revert to former uses. Approximately of the EIS. In addition, representatives permanent impacts on wetlands, 63.5% of the planned route is located from the FERC participated in public restoration of wetlands, and within or adjacent to Texas Eastern’s Open House meetings sponsored by the development of appropriate wetland existing rights-of-way and/or existing Applicants in the project area in June mitigation options; roadway, railway, or other utility rights- 2010, to explain the environmental • Assessment of locations for HDD of-way. review process to interested crossings of major waterbodies, stakeholders. including the Arthur Kill, Kill Van Kull, 2 A pig is a tool that can be used to clean and dry Our independent analysis of the and the Hudson River; a pipeline and/or to inspect it for damage or issues will be presented in the EIS. The • Effect on tidal systems and essential corrosion. EIS will be published and distributed fish habitat; 3 The appendices referenced in this notice are not being printed in the Federal Register. Copies of for public comment. We will consider appendices were sent to all those receiving this all timely comments and revise the 4 The Advisory Council on Historic Preservation’s notice in the mail and are available at http:// document, as necessary, before issuing a regulations are at Title 36, Code of Federal www.ferc.gov using the link called ‘‘eLibrary’’ or final EIS. To ensure your comments are Regulations, Part 800. Historic properties are from the Commission’s Public Reference Room, 888 defined in those regulations as any prehistoric or First Street, NE., Washington, DC 20426, or call considered, please carefully follow the historic district, site, building, structure, or object (202) 502–8371. For instructions on connecting to instructions in the Public Participation included in or eligible for inclusion in the National eLibrary, refer to the last page of this notice. section of this notice. Register for Historic Places.

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• Potential effect on federal and state- asked to select the type of filing you are Additional Information listed sensitive species; making. A comment on a particular Additional information about the • Impacts on residential areas; project is considered a ‘‘Comment on a • project is available from the Impacts on publically-owned lands Filing’’; or Commission’s Office of External Affairs and compatibility of uses; (3) You may file a paper copy of your at 1–866–208–FERC or on the FERC • Visual impacts; • Effects on transportation and traffic; comments at the following address: Web site (http://www.ferc.gov) using the • Environmental Justice concerns; Kimberly D. Bose, Secretary, Federal ‘‘eLibrary’’ link. Click on the eLibrary • Effects on the local air quality and Energy Regulatory Commission, 888 link, click on ‘‘General Search,’’ and noise environment from construction First Street, NE., Room 1A, Washington, enter the docket number, excluding the and operation of the proposed facilities; DC 20426. last three digits in the Docket Number • field (i.e., PF10–17). Be sure you have Potential impacts of multiple large Environmental Mailing List projects on-going during the same selected an appropriate date range. For construction timeframe; The environmental mailing list assistance, please contact FERC Online • Assessment of hazards associated includes federal, state, and local Support at [email protected] with natural gas pipelines located in government representatives and or toll free at 1–866–208–3676, or for heavily populated areas; and agencies; elected officials; TTY, contact (202) 502–8659. The • Assessment of the no action environmental and public interest eLibrary link on the FERC Internet alternative, existing systems and groups; Native American Tribes; other website also provides access to the texts alternative system configurations, and interested parties; and local libraries of formal documents issued by the alternative routes or aboveground and newspapers. This list also includes Commission, such as orders, notices, facility sites to reduce or avoid all affected landowners (as defined in and rulemakings. environmental impacts. the Commission’s regulations) who are In addition, the Commission offers a free service called eSubscription that Public Participation potential right-of-way grantors, whose property may be used temporarily for allows you to keep track of all formal You can make a difference by project purposes, or who own homes issuances and submittals in specific providing us with your specific within certain distances of aboveground dockets. This can reduce the amount of comments or concerns about the project. facilities, and anyone who submits time you spend researching proceedings Your comments should focus on the comments on the project. We will by automatically providing you with potential environmental effects, update the environmental mailing list as notification of these filings, document reasonable alternatives, and measures to the analysis proceeds to ensure that we summaries, and direct links to the avoid or lessen environmental impact. send the information related to this documents. Go to http://www.ferc.gov/ The more specific your comments, the environmental review to all individuals, esubscribenow.htm. more useful they will be. To ensure that organizations, and government entities Finally, public meetings or site visits your comments are timely and properly interested in and/or potentially affected will be posted on the Commission’s recorded, please send your comments so by the planned project. calendar located at http://www.ferc.gov/ that they will be received in EventCalendar/EventsList.aspx along Washington, DC on or before August 20, Copies of the completed draft EIS will with other related information. 2010. be sent to the environmental mailing list for public review and comment. If you Kimberly D. Bose, For your convenience, there are three Secretary. methods you can use to submit your would prefer to receive a paper copy of comments to the Commission. In all the document instead of the CD version [FR Doc. 2010–18276 Filed 7–26–10; 8:45 am] instances, please reference the project or would like to remove your name from BILLING CODE 6717–01–P docket number (PF10–17–000) with the mailing list, please return the attached Mailing List Form (Appendix your submission. The Commission DEPARTMENT OF ENERGY encourages electronic filing of 2). comments and has expert eFiling staff Becoming an Intervenor Federal Energy Regulatory available to assist you at (202) 502–8258 Commission or [email protected]. Once the Applicants formally file (1) You may file your comments their application with the Commission, [Docket Nos. ER10–192–002, ER10–192– electronically by using the Quick you may want to become an 003, ER10–192–004] Comment feature, which is located at ‘‘intervenor,’’ which is an official party Public Service Company of Colorado; http://www.ferc.gov under the link to the Commission’s proceeding. Notice of Filing called ‘‘Documents and Filings.’’ A Intervenors play a more formal role in Quick Comment is an easy method for the process and are able to file briefs, July 19, 2010. interested persons to submit text-only appear at hearings, and be heard by the Take notice that on June 18, 2010, in comments on a project; courts if they choose to appeal the Docket No. ER10–192–004, Public (2) You may file your comments Commission’s final ruling. An Service Company of Colorado (PSCo) electronically by using the ‘‘eFiling’’ intervenor formally participates in a filed an Offer of Settlement and feature, that is listed under the Commission proceeding by filing a Settlement Agreement resolving all ‘‘Documents and Filings’’ link. eFiling request to intervene. Instructions for issues between PSCo and Holy Cross involves preparing your submission in becoming an intervenor are included in Electric Association, Inc.; Grand Valley the same manner as you would if filing the User’s Guide under the ‘‘e-filing’’ Rural Power Lines, Inc.; and Yampa on paper, and then saving the file on link on the Commission’s website. Valley Electric Association, Inc., your computer’s hard drive. You will Please note that the Commission will regarding PSCo’s October 30, 2009 filing attach that file to your submission. New not accept requests for intervenor status in Docket No. ER10–192–000 and eFiling users must first create an at this time. You must wait until a PSCo’s November 6, 2009 filing in account by clicking on the link called formal application for the project is filed Docket No. ER10–192–001 (collectively, ‘‘Sign up’’ or ‘‘eRegister.’’ You will be with the Commission. PSCo Rate Application).

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On July 13, 2010, in Docket No. DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY ER10–192–002, PSCo filed an Offer of Settlement and Settlement Agreement Federal Energy Regulatory Federal Energy Regulatory resolving all issues between PSCo and Commission Commission Black Hills/Colorado Electric Utility [Docket No. ER10–1783–000] Company regarding the PSCo Rate [Docket No. ID–6363–000] Application. On July 14, 2010, in Docket REP Energy LLC; Supplemental Notice No. ER10–192–003, PSCo filed an Offer Notice of Filing: Yazdi, Mahvash That Initial Market-Based Rate Filing Includes Request for Blanket Section of Settlement and Settlement Agreement July 19, 2010. resolving all issues between PSCo and 204 Authorization the City of Burlington, Colorado, and Take notice that on July 9, 2010, Mahvash Yazdi filed an Application for July 19, 2010. the Town of Center, Colorado, regarding This is a supplemental notice in the the PSCo Rate Application. Authorization to Hold Interlocking Positions of Senior Vice President and above-referenced proceeding of REP Any person desiring to intervene or to Chief Information Officer of Southern Energy LLC’s application for market- protest these filings must file in California Edison Company and Director based rate authority, with an accordance with Rules 211 and 214 of of Zhone Technologies, Inc., pursuant to accompanying rate tariff, noting that the Commission’s Rules of Practice and section 305(b) of the Federal Power Act. such application includes a request for Procedure (18 CFR 385.211, 385.214). blanket authorization, under 18 CFR Any person desiring to intervene or to part 34, of future issuances of securities Protests will be considered by the protest this filing must file in Commission in determining the and assumptions of liability. accordance with Rules 211 and 214 of Any person desiring to intervene or to appropriate action to be taken, but will the Commission’s Rules of Practice and protest should file with the Federal not serve to make protestants parties to Procedure (18 CFR 385.211, 385.214). Energy Regulatory Commission, 888 the proceeding. Any person wishing to Protests will be considered by the First Street, NE., Washington, DC 20426, become a party must file a notice of Commission in determining the in accordance with Rules 211 and 214 intervention or motion to intervene, as appropriate action to be taken, but will of the Commission’s Rules of Practice appropriate. Such notices, motions, or not serve to make protestants parties to and Procedure (18 CFR 385.211 and protests must be filed on or before the the proceeding. Any person wishing to 385.214). Anyone filing a motion to comment date. On or before the become a party must file a notice of intervene or protest must serve a copy comment date, it is not necessary to intervention or motion to intervene, as of that document on the Applicant. serve motions to intervene or protests appropriate. Such notices, motions, or Notice is hereby given that the on persons other than the Applicant. protests must be filed on or before the deadline for filing protests with regard The Commission encourages comment date. On or before the to the applicant’s request for blanket comment date, it is not necessary to electronic submission of protests and authorization, under 18 CFR part 34, of serve motions to intervene or protests future issuances of securities and interventions in lieu of paper using the on persons other than the Applicant. assumptions of liability, is August 9, ‘‘eFiling’’ link at http://www.ferc.gov. 2010. Persons unable to file electronically The Commission encourages electronic submission of protests and The Commission encourages should submit an original and 14 copies electronic submission of protests and of the protest or intervention to the interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. interventions in lieu of paper, using the Federal Energy Regulatory Commission, FERC Online links at http:// 888 First Street, NE., Washington, DC Persons unable to file electronically should submit an original and 14 copies www.ferc.gov. To facilitate electronic 20426. of the protest or intervention to the service, persons with Internet access This filing is accessible Online at Federal Energy Regulatory Commission, who will eFile a document and/or be http://www.ferc.gov, using the 888 First Street, NE., Washington, DC listed as a contact for an intervenor ‘‘eLibrary’’ link and is available for 20426. must create and validate an eRegistration account using the review in the Commission’s Public This filing is accessible on-line at Reference Room in Washington, DC. eRegistration link. Select the eFiling http://www.ferc.gov, using the link to log on and submit the There is an ‘‘eSubscription’’ link on the ‘‘eLibrary’’ link and is available for Web site that enables subscribers to intervention or protests. review in the Commission’s Public Persons unable to file electronically receive e-mail notification when a Reference Room in Washington, DC. should submit an original and 14 copies document is added to a subscribed There is an ‘‘eSubscription’’ link on the of the intervention or protest to the docket(s). For assistance with any FERC Web site that enables subscribers to Federal Energy Regulatory Commission, Online service, please e-mail receive e-mail notification when a 888 First St., NE., Washington, DC [email protected], or call document is added to a subscribed 20426. (866) 208–3676 (toll free). For TTY, call docket(s). For assistance with any FERC The filings in the above-referenced (202) 502–8659. Online service, please e-mail proceeding are accessible in the Comment Date: 5 p.m. e.t on [email protected], or call Commission’s eLibrary system by Wednesday, August 4, 2010. (866) 208–3676 (toll free). For TTY, call clicking on the appropriate link in the (202) 502–8659. above list. They are also available for Kimberly D. Bose, Comment Date: 5 p.m. Eastern Time review in the Commission’s Public Secretary. on July 30, 2010. Reference Room in Washington, DC. [FR Doc. 2010–18278 Filed 7–26–10; 8:45 am] There is an eSubscription link on the Kimberly D. Bose, BILLING CODE 6717–01–P Web site that enables subscribers to Secretary. receive e-mail notification when a [FR Doc. 2010–18277 Filed 7–26–10; 8:45 am] document is added to a subscribed BILLING CODE 6717–01–P dockets(s). For assistance with any

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FERC Online service, please e-mail SUPPLEMENTARY INFORMATION: EPA has appropriate means, such as on the [email protected]. or call submitted the following ICR to OMB for related collection instrument or form, if (866) 208–3676 (toll free). For TTY, call review and approval according to the applicable. The display of OMB control (202) 502–8659. procedures prescribed in 5 CFR 1320.12. numbers in certain EPA regulations is On February 24, 2010 (75 FR 8333), EPA consolidated in 40 CFR part 9. Nathaniel J. Davis, Sr., sought comments on this ICR pursuant Abstract: The Clean Air Act (the Act) Deputy Secretary. to 5 CFR 1320.8(d). EPA received no contains several provisions directing [FR Doc. 2010–18309 Filed 7–26–10; 8:45 am] comments. Any additional comments on EPA to require source owners to BILLING CODE 6717–01–P this ICR should be submitted to EPA conduct monitoring to support and OMB within 30 days of this notice. certification as to their status of EPA has established a public docket compliance with applicable ENVIRONMENTAL PROTECTION for this ICR under Docket ID No. EPA– requirements. These provisions are set AGENCY HQ–OAR–2003–0152, which is forth in Section 504 (operating permits available for online viewing at http:// provisions) and Section 114 [EPA–HQ–OAR–2003–0152; FRL–9180–7] www.regulations.gov, or person viewing (enforcement provisions) of the Act. at the Air and Radiation Docket in the Section 504(b) directs EPA to Agency Information Collection EPA Docket Center (EPA/DC), EPA implement monitoring and certification Activities: Submission to OMB for West, Room 3334, 1301 Constitution requirements through the operating Review and Approval; Comment Avenue, NW., Washington, DC. The permits program. This section allows Request; Compliance Assurance EPA/DC Public Reading Room is open EPA to prescribe by rule, methods and Monitoring Program (Renewal); EPA from 8:30 a.m. to 4:30 p.m., Monday procedures for determining compliance ICR No. 1663.07, OMB Control No. through Friday, excluding legal recognizing that continuous emissions 2060–0376 holidays. The telephone number for the monitoring systems need not be Reading Room is 202–566–1744, and the required if other procedures or methods AGENCY: Environmental Protection telephone number for the Air and provide sufficiently reliable and timely Agency (EPA). Radiation Docket is 202–566–1742. information for determining ACTION: Notice. Use EPA’s electronic docket and compliance. Under section 504(c), each comment system at http:// operating permit must ‘‘set forth SUMMARY: In compliance with the www.regulations.gov, to submit or view inspection, entry, monitoring, Paperwork Reduction Act (PRA) (44 public comments, access the index compliance, certification, and reporting U.S.C. 3501 et seq.), this document listing of the contents of the docket, and requirements to assure compliance with announces that an Information to access those documents in the public the permit terms and conditions.’’ Collection Request (ICR) has been docket that are available electronically. Section 114(a)(3) requires EPA to forwarded to the Office of Management Once in the system, select ‘‘docket promulgate rules for enhanced and Budget (OMB) for review and search,’’ then key in the docket ID monitoring and compliance approval. This is a request to renew an number identified above. Please note certifications. Section 114(a)(1) of the existing approved collection. The ICR, that EPA’s policy is that public Act provides additional authority which is abstracted below, describes the comments, whether submitted concerning monitoring, reporting, and nature of the information collection and electronically or in paper, will be made recordkeeping requirements. This its estimated burden and cost. available for public viewing at http:// section provides the Administrator with DATES: Comments must be submitted on www.regulations.gov, as EPA receives the authority to require any owner or or before August 26, 2010. them and without change, unless the operator of a source to install and ADDRESSES: Submit your comments, comment contains copyrighted material, operate monitoring systems and to referencing Docket ID No. EPA–HQ– confidential business information (CBI), record the resulting monitoring data. OAR–2003–0152, to (1) EPA online or other information whose public EPA promulgated the Compliance using http://www.regulations.gov (our disclosure is restricted by statute. For Assurance Monitoring (CAM) rule, 40 preferred method), by e-mail to a-and- further information about the electronic CFR part 64, on October 22, 1997 (62 FR [email protected], or by mail to: EPA docket, go to http:// 54900) to implement these authorities. Docket Center, Environmental www.regulations.gov. In accordance with these provisions, Protection Agency, Air and Radiation Title: Compliance Assurance the monitoring information source Docket, Mailcode 22821T, 1200 Monitoring Program (Renewal). owners must submit must also be ICR Numbers: EPA ICR No. 1663.07, available to the public, except as Pennsylvania Avenue, NW., OMB Control No. 2060–0376. entitled to protection from disclosure as Washington, DC 20460, and (2) OMB by ICR Status: This ICR is scheduled to allowed in section 114(c) of the Act. mail to: Office of Information and expire on July 31, 2010. Under OMB Burden Statement: The annual public Regulatory Affairs, Office of regulations, the Agency may continue to reporting and recordkeeping burden for Management and Budget (OMB), conduct or sponsor the collection of this collection of information is Attention: Desk Officer for EPA, 725 information while this submission is estimated to average 134 hours per 17th Street, NW., Washington, DC pending at OMB. An Agency may not response. Burden means the total time, 20503. conduct or sponsor, and a person is not effort, or financial resources expended FOR FURTHER INFORMATION CONTACT: required to respond to, a collection of by persons to generate, maintain, retain, Peter Westlin, Office of Air Quality information, unless it displays a or disclose or provide information to or Planning and Standards, Sector Policies currently valid OMB control number. for a Federal agency. This includes the and Programs Division (D243–05), The OMB control numbers for EPA’s time needed to review instructions; Environmental Protection Agency, regulations in title 40 of the CFR, after develop, acquire, install, and utilize Research Triangle Park, NC 27711; appearing in the Federal Register when technology and systems for the purposes telephone number: 919–541–1058; fax approved, are listed in 40 CFR part 9, of collecting, validating, and verifying number: 919–541–1039; e-mail address: are displayed either by publication in information, processing and [email protected]. the Federal Register or by other maintaining information, and disclosing

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and providing information; adjust the (ICR) has been forwarded to the Office public comments, access the index existing ways to comply with any of Management and Budget (OMB) for listing of the contents of the docket, and previously applicable instructions and review and approval. This is a request to access those documents in the docket requirements which have subsequently to renew an existing approved that are available electronically. Once in changed; train personnel to be able to collection. The ICR which is abstracted the system, select ‘‘docket search,’’ then respond to a collection of information; below describes the nature of the key in the docket ID number identified search data sources; complete and collection and the estimated burden and above. Please note that EPA’s policy is review the collection of information; cost. that public comments, whether and transmit or otherwise disclose the DATES: Additional comments may be submitted electronically or in paper, information. submitted on or before August 26, 2010. will be made available for public Respondents/Affected Entities: ADDRESSES: Submit your comments, viewing at http://www.regulations.gov, Owners and operators of title V sources referencing docket ID number EPA–HQ– as EPA receives them and without with controlled pollutant specific OECA–2009–0422, to (1) EPA online change, unless the comment contains emissions units that have a pre-control using http://www.regulations.gov (our copyrighted material, Confidential potential to emit major amounts of preferred method), or by e-mail to Business Information (CBI), or other regulated air pollutants and permitting [email protected], or by mail to: EPA information whose public disclosure is authorities Docket Center (EPA/DC), Environmental restricted by statute. For further Estimated Number of Respondents: Protection Agency, Enforcement and information about the electronic docket, 3,174 owner/operators and 112 Compliance Docket and Information go to http://www.regulations.gov. permitting authorities. Center, mail code 28221T, 1200 Title: NESHAP for Chromium Frequency of Response: Incremental Pennsylvania Avenue, NW., Emissions from Hard and Decorative semi-annual and annual reports, plus Washington, DC 20460, and (2) OMB at: Chromium Electroplating and every 5 years at permit renewal. Office of Information and Regulatory Chromium Anodizing Tanks (Renewal). ICR Numbers: EPA ICR Number Estimated Total Annual Hour Burden: Affairs, Office of Management and 1611.07, OMB Control Number 2060– 7,453,581. Budget (OMB), Attention: Desk Officer 0327. Estimated Total Annual Cost: for EPA, 725 17th Street, NW., $263,729,972, which includes annual ICR Status: This ICR is scheduled to Washington, DC 20503. expire on September 30, 2010. Under labor costs for sources and permitting FOR FURTHER INFORMATION CONTACT: John authorities and no capital or O&M costs. OMB regulations, the Agency may Schaefer, Office of Air Quality Planning continue to conduct or sponsor the Changes in the Estimate: There is an and Standards, Sector Policies and increase of 4,331,838 hours in the total collection of information while this Programs Division (D243–05), submission is pending at OMB. An estimated respondent annual burden Measurement Policy Group, Agency may not conduct or sponsor, currently identified in the OMB Environmental Protection Agency, and a person is not required to respond Inventory of Approved ICR Burdens. Research Triangle Park, North Carolina to, a collection of information unless it This increase reflects the significant 27711; telephone number: (919) 541– displays a currently valid OMB control increase in number of respondents 0296; fax number: (919) 541–3207; e- number. The OMB control numbers for resulting from the implementation of mail address: [email protected]. EPA’s regulations in title 40 of the CFR, the rule through operating permit SUPPLEMENTARY INFORMATION: EPA has after appearing in the Federal Register renewals. submitted the following ICR to OMB for when approved, are listed in 40 CFR Dated: July 21, 2010. review and approval according to the part 9, and displayed either by John Moses, procedures prescribed in 5 CFR 1320.12. publication in the Federal Register or Director, Collection Strategies Division. On July 8, 2009 (74 FR 32581), EPA by other appropriate means, such as on [FR Doc. 2010–18366 Filed 7–26–10; 8:45 am] sought comments on this ICR pursuant the related collection instrument or BILLING CODE 6560–50–P to 5 CFR 1320.8(d). EPA received no form, if applicable. The display of OMB comments. Any additional comments on control numbers in certain EPA this ICR should be submitted to EPA regulations is consolidated in 40 CFR ENVIRONMENTAL PROTECTION and OMB within 30 days of this notice. part 9. AGENCY EPA has established a public docket Abstract: The affected entities are for this ICR under docket ID number subject to the General Provisions of the [EPA–HQ–OECA–2009–0422; FRL–9181–2] EPA–HQ–OECA–2009–0422, which is NESHAP at 40 CFR part 63, subpart A, Agency Information Collection available for public viewing online at and any changes, or additions to the Activities; Submission to OMB for http://www.regulations.gov, in person Provisions specified at 40 CFR part 63, Review and Approval; Comment viewing at the Enforcement and subpart N. Owners or operators of the Request; NESHAP for Chromium Compliance Docket in the EPA Docket affected facilities must submit a one- Emissions From Hard and Decorative Center (EPA/DC), EPA West, Room time-only report of any physical or Chromium Electroplating and 3334, 1301 Constitution Avenue, NW., operational changes, initial performance Chromium Anodizing Tanks (Renewal), Washington, DC. The EPA Docket tests, and periodic reports and results. EPA ICR Number 1611.07, OMB Center Public Reading Room is open Owners or operators are also required to Control Number 2060–0327 from 8:30 a.m. to 4:30 p.m., Monday maintain records of the occurrence and through Friday, excluding legal duration of any startup, shutdown, or AGENCY: Environmental Protection holidays. The telephone number for the malfunction in the operation of an Agency (EPA). Reading Room is (202) 566–1744, and affected facility, or any period during ACTION: Notice. the telephone number for the which the monitoring system is Enforcement and Compliance Docket is inoperative. Reports, at a minimum, are SUMMARY: In compliance with the (202) 566–1752. required semiannually. Paperwork Reduction Act (44 U.S.C. Use EPA’s electronic docket and Burden Statement: The annual public 3501 et seq.), this document announces comment system at http:// reporting and recordkeeping burden for that an Information Collection Request www.regulations.gov, to submit or view this collection of information is

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estimated to average 75.08 hours per ENVIRONMENTAL PROTECTION EPA has established a public docket response. Burden means the total time, AGENCY for this ICR under docket ID number effort, or financial resources expended EPA–HQ–OECA–2009–0423, which is by persons to generate, maintain, retain, [EPA–HQ–OECA–2009–0423; FRL– available for public viewing online at or disclose or provide information to or 9181–1] http://www.regulations.gov, in person viewing at the Enforcement and for a Federal agency. This includes the Agency Information Collection time needed to review instructions; Compliance Docket in the EPA Docket Activities; Submission to OMB for Center (EPA/DC), EPA West, Room develop, acquire, install, and utilize Review and Approval; Comment technology and systems for the purposes 3334, 1301 Constitution Avenue, NW., Request; NESHAP for Gasoline Washington, DC. The EPA Docket of collecting, validating, and verifying Distribution Facilities (Renewal), EPA Center Public Reading Room is open information, processing and ICR Number 1659.07, OMB Control from 8:30 a.m. to 4:30 p.m., Monday maintaining information, and disclosing Number 2060–0325 through Friday, excluding legal and providing information; adjust the AGENCY: holidays. The telephone number for the existing ways to comply with any Environmental Protection Agency (EPA). Reading Room is (202) 566–1744, and previously applicable instructions and ACTION: Notice. the telephone number for the requirements which have subsequently Enforcement and Compliance Docket is changed; train personnel to be able to SUMMARY: In compliance with the (202) 566–1752. respond to a collection of information; Paperwork Reduction Act (44 U.S.C. Use EPA’s electronic docket and search data sources; complete and 3501 et seq.), this document announces comment system at http:// review the collection of information; that an Information Collection Request www.regulations.gov, to submit or view and transmit or otherwise disclose the (ICR) has been forwarded to the Office public comments, access the index information. of Management and Budget (OMB) for listing of the contents of the docket, and to access those documents in the docket Respondents/Affected Entities: Hard review and approval. This is a request that are available electronically. Once in chromium electroplating, decorative to renew an existing approved collection. The ICR which is abstracted the system, select ‘‘docket search,’’ then chromium electroplating, and below describes the nature of the key in the docket ID number identified chromium anodizing operations. collection and the estimated burden and above. Please note that EPA’s policy is Estimated Number of Respondents: cost. that public comments, whether 1,770. DATES: Additional comments may be submitted electronically or in paper, Frequency of Response: Initially, submitted on or before August 26, 2010. will be made available for public occasionally, quarterly, semiannually, ADDRESSES: Submit your comments, viewing at http://www.regulations.gov, and annually. referencing docket ID number EPA–HQ– as EPA receives them and without change, unless the comment contains Estimated Total Annual Hour Burden: OECA–2009–0423, to (1) EPA online using www.regulations.gov (our copyrighted material, Confidential 171,118. preferred method), or by e-mail to Business Information (CBI), or other Estimated Total Annual Cost: [email protected], or by mail to: EPA information whose public disclosure is $31,933,586, which includes $5,383,586 Docket Center (EPA/DC), Environmental restricted by statute. For further in labor costs, $0 in capital/startup Protection Agency, Enforcement and information about the electronic docket, costs, and $26,550,000 in operation and Compliance Docket and Information go to http://www.regulations.gov. Title: NESHAP for Gasoline maintenance (O&M) costs. Center, mail code 28221T, 1200 Distribution Facilities (Renewal). Changes in the Estimates: There was Pennsylvania Avenue, NW., ICR Numbers: EPA ICR Number a decrease in burden hours, costs, and Washington, DC 20460, and (2) OMB at: 1659.07, OMB Control Number 2060– number of responses currently Office of Information and Regulatory 0325. identified in the OMB Inventory of Affairs, Office of Management and ICR Status: This ICR is scheduled to Approved Burdens. This is due to a Budget (OMB), Attention: Desk Officer expire on August 31, 2010. Under OMB for EPA, 725 17th Street, NW., change in the number of estimated regulations, the Agency may continue to Washington, DC 20503. chromium electroplating and anodizing conduct or sponsor the collection of FOR FURTHER INFORMATION CONTACT: operations affected by the ICR since the John information while this submission is Schaefer, Office of Air Quality Planning last renewal which decreased from pending at OMB. An Agency may not and Standards, Sector Policies and 5,020 to 1,770 sources. conduct or sponsor, and a person is not Programs Division (D243–05), required to respond to, a collection of Dated: July 19, 2010. Measurement Policy Group, information unless it displays a John Moses, Environmental Protection Agency, currently valid OMB control number. Director, Collection Strategies Division. Research Triangle Park, North Carolina, The OMB control numbers for EPA’s [FR Doc. 2010–18382 Filed 7–26–10; 8:45 am] 27711; telephone number: (919) 541– regulations in title 40 of the CFR, after 0296; fax number: (919) 541–3207; e- BILLING CODE 6560–50–P appearing in the Federal Register when mail address: [email protected]. approved, are listed in 40 CFR part 9, SUPPLEMENTARY INFORMATION: EPA has and displayed either by publication in submitted the following ICR to OMB for the Federal Register or by other review and approval according to the appropriate means, such as on the procedures prescribed in 5 CFR 1320.12. related collection instrument or form, if On July 8, 2009 (74 FR 32581), EPA applicable. The display of OMB control sought comments on this ICR pursuant numbers in certain EPA regulations is to 5 CFR 1320.8(d). EPA received no consolidated in 40 CFR part 9. comments. Any additional comments on Abstract: The affected entities are this ICR should be submitted to EPA subject to the General Provisions of the and OMB within 30 days of this notice. NESHAP at 40 CFR part 63, subpart A,

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and any changes, or additions to the reports under the NESHAP subpart R Measurement Policy Group, Provisions specified at 40 CFR part 63, since the remaining 40 percent are Environmental Protection Agency, subpart R. Owners or operators of the already complying with similar Research Triangle Park, North Carolina affected facilities must submit a one- reporting requirements under another 27711; telephone number: (919) 541– time-only report of any physical or applicable NSPS rule. The overall 0296; fax number: (919) 541–3207; e- operational changes, initial performance Respondent hour burden increased from mail address: [email protected]. tests, and periodic reports and results. 15,756 hours to 15,759 hours and the SUPPLEMENTARY INFORMATION: EPA has Owners or operators are also required to Agency hours decreased from 1,429.6 to submitted the following ICR to OMB for maintain records of the occurrence and 1,407.6 hours, both due to calculation review and approval according to the duration of any startup, shutdown, or errors in the previous ICR. procedures prescribed in 5 CFR 1320.12. malfunction in the operation of an Dated: July 19, 2010. On July 8, 2009 (74 FR 32581), EPA affected facility, or any period during John Moses, sought comments on this ICR pursuant which the monitoring system is Director, Collection Strategies Division. to 5 CFR 1320.8(d). EPA received no inoperative. Reports, at a minimum, are comments. Any additional comments on required semiannually. [FR Doc. 2010–18379 Filed 7–26–10; 8:45 am] BILLING CODE 6560–50–P this ICR should be submitted to EPA Burden Statement: The annual public and OMB within 30 days of this notice. reporting and recordkeeping burden for EPA has established a public docket this collection of information is ENVIRONMENTAL PROTECTION for this ICR under docket ID number estimated to average 31 hours per EPA–HQ–OECA–2009–0413, which is response. Burden means the total time, AGENCY available for public viewing online at effort, or financial resources expended [EPA–HQ–OECA–2009–0413; FRL–9180–9] http://www.regulations.gov, in person by persons to generate, maintain, retain, viewing at the Enforcement and or disclose or provide information to or Agency Information Collection Compliance Docket in the EPA Docket for a Federal agency. This includes the Activities; Submission to OMB for Center (EPA/DC), EPA West, Room time needed to review instructions; Review and Approval; Comment 3334, 1301 Constitution Avenue, NW., develop, acquire, install, and utilize Request; NSPS for Sewage Sludge Washington, DC. The EPA Docket technology and systems for the purposes Treatment Plant Incineration Center Public Reading Room is open of collecting, validating, and verifying (Renewal), EPA ICR Number 1063.11, from 8:30 a.m. to 4:30 p.m., Monday information, processing and OMB Control Number 2060–0035 through Friday, excluding legal maintaining information, and disclosing AGENCY: Environmental Protection holidays. The telephone number for the and providing information; adjust the Agency (EPA). Reading Room is (202) 566–1744, and existing ways to comply with any ACTION: Notice. the telephone number for the previously applicable instructions and Enforcement and Compliance Docket is requirements which have subsequently SUMMARY: In compliance with the (202) 566–1752. changed; train personnel to be able to Paperwork Reduction Act (44 U.S.C. Use EPA’s electronic docket and respond to a collection of information; 3501 et seq.), this document announces comment system at http:// search data sources; complete and that an Information Collection Request www.regulations.gov, to submit or view review the collection of information; (ICR) has been forwarded to the Office public comments, access the index and transmit or otherwise disclose the of Management and Budget (OMB) for listing of the contents of the docket, and information. review and approval. This is a request to access those documents in the docket Respondents/Affected Entities: to renew an existing approved Owners or operators of gasoline that are available electronically. Once in collection. The ICR which is abstracted the system, select ‘‘docket search,’’ then distribution facilities that transfer and below describes the nature of the store gasoline, including pipeline key in the docket ID number identified collection and the estimated burden and above. Please note that EPA’s policy is breakout stations and bulk terminals. cost. Estimated Number of Respondents: that public comments, whether DATES: Additional comments may be submitted electronically or in paper, 447 . submitted on or before August 26, 2010. Frequency of Response: Initially, will be made available for public occasionally, semiannually and ADDRESSES: Submit your comments, viewing at http://www.regulations.gov, annually. referencing docket ID number EPA– as EPA receives them and without Estimated Total Annual Hour Burden: OECA–2009–0413, to (1) EPA online change, unless the comment contains 15,759 . using http://www.regulations.gov (our copyrighted material, Confidential Estimated Total Annual Cost: preferred method), or by e-mail to Business Information (CBI), or other $1,847,584, which includes $1,490,584 [email protected], or by mail to: EPA information whose public disclosure is in labor costs, no capital/startup costs, Docket Center (EPA/DC), Environmental restricted by statute. For further and $357,000 in operation and Protection Agency, Enforcement and information about the electronic docket, maintenance (O&M) costs. Compliance Docket and Information go to http://www.regulations.gov. Changes in the Estimates: There are Center, mail code 28221T, 1200 Title: NSPS for Sewage Sludge no changes in the regulatory Pennsylvania Avenue, NW., Treatment Plant Incineration (Renewal). requirements and there is no significant Washington, DC 20460, and (2) OMB at: ICR Numbers: EPA ICR Number industry growth, however there is an Office of Information and Regulatory 1063.11, OMB Control Number 2060– adjustment in the number of responses Affairs, Office of Management and 0035. and labor hours from the previous ICR. Budget (OMB), Attention: Desk Officer ICR Status: This ICR is scheduled to The number of responses decreased for EPA, 725 17th Street, NW., expire on August 31, 2010. Under OMB from 549 to 508. The previous ICR Washington, DC 20503. regulations, the Agency may continue to assumed all 102 major sources must FOR FURTHER INFORMATION CONTACT: John conduct or sponsor the collection of submit responses, but it was assumed Schaefer, Office of Air Quality Planning information while this submission is that 60 percent of the sources (i.e., 61.2) and Standards, Sector Policies and pending at OMB. An Agency may not would be required to submit semiannual Programs Division (D243–05), conduct or sponsor, and a person is not

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required to respond to, a collection of Changes in the Estimates: There is an FOR FURTHER INFORMATION CONTACT: Mr. information unless it displays a increase in the total estimated burden as H. Lynn Dail, Air Quality Policy currently valid OMB control number. currently identified in the OMB Division, Office of Air Quality Planning The OMB control numbers for EPA’s Inventory of Approved Burdens, which and Standards, Mail Code C539–01, regulations in title 40 of the CFR, after is due to more accurate estimates of Environmental Protection Agency, T.W. appearing in the Federal Register when existing sources. The number of existing Alexander Drive, Research Triangle approved, are listed in 40 CFR part 9, facilities changed from 54 to 112 and Park, NC 27711; telephone number: and displayed either by publication in increased the number of responses, (919) 541–2363; fax number: (919) 541– the Federal Register or by other burden hours, labor costs, and O&M 0824; e-mail address: [email protected]. appropriate means, such as on the costs. A reduction in capital/start-up SUPPLEMENTARY INFORMATION: EPA has related collection instrument or form, if costs occurred due to the decrease of submitted the following ICR to OMB for applicable. The display of OMB control anticipated new sources which declined review and approval according to the numbers in certain EPA regulations is from 1 to 0.4 new sources per year. procedures prescribed in 5 CFR 1320.12. consolidated in 40 CFR part 9. Dated: July 19, 2010. On April 8, 2010 (75 FR 17915), EPA Abstract: The affected entities are John Moses, sought comments on this ICR pursuant subject to the General Provisions of the Director, Collection Strategies Division. to 5 CFR 1320.8(d). EPA received no NSPS at 40 CFR part 60, subpart A and comments during the comment period. [FR Doc. 2010–18376 Filed 7–26–10; 8:45 am] any changes, or additions to the Any additional comments on this ICR BILLING CODE 6560–50–P Provisions specified at 40 CFR part 60, should be submitted to EPA and OMB subpart O. Owners or operators of the within 30 days of this notice. affected facilities must make an initial ENVIRONMENTAL PROTECTION EPA has established a public docket notification, performance tests, periodic AGENCY for this ICR under Docket ID No. EPA– reports, and maintain records of the HQ–OAR–2003–0079, which is occurrence and duration of any startup, [EPA–HQ–OAR–2003–0079: FRL–9180–8] available for online viewing at http:// shutdown, or malfunction in the www.regulations.gov, or in person operation of an affected facility, or any Agency Information Collection viewing at the Air and Radiation Docket period during which the monitoring Activities; Submission to OMB for in the EPA Docket Center (EPA/DC), system is inoperative. Reports, at a Review and Approval; Comment EPA West, Room 3334, 1301 minimum, are required semiannually. Request; 8-Hour Ozone National Constitution Ave., NW., Washington, Burden Statement: The annual public Ambient Air Quality Standard DC. The EPA/DC Public Reading Room reporting and recordkeeping burden for Implementation Rule (Renewal), EPA is open from 8:30 a.m. to 4:30 p.m., this collection of information is ICR No. 2236.03, OMB Control No. Monday through Friday, excluding legal estimated to average 55 hours per 2060–0594 holidays. The telephone number for the response. Burden means the total time, Reading Room is 202–566–1744, and the effort, or financial resources expended AGENCY: Environmental Protection telephone number for the Air Docket is by persons to generate, maintain, retain, Agency (EPA). 202–566–1742. or disclose or provide information to or ACTION: Notice. Use EPA’s electronic docket and for a Federal agency. This includes the comment system at http:// time needed to review instructions; SUMMARY: In compliance with the www.regulations.gov to submit or view develop, acquire, install, and utilize Paperwork Reduction Act (PRA) (44 public comments, access the index technology and systems for the purposes U.S.C. 3501 et seq.), this document listing of the contents of the docket, and of collecting, validating, and verifying announces that an Information to access those documents in the docket information, processing and Collection Request (ICR) has been that are available electronically. Once in maintaining information, and disclosing forwarded to the Office of Management the system, select ‘‘docket search,’’ then and providing information; adjust the and Budget (OMB) for review and key in the docket ID number identified existing ways to comply with any approval. This is a request to renew an above. Please note that EPA’s policy is previously applicable instructions and existing approved collection. The ICR, that public comments, whether requirements which have subsequently which is abstracted below, describes the submitted electronically or in paper, changed; train personnel to be able to nature of the information collection and will be made available for public respond to a collection of information; its estimated burden and cost. viewing at http://www.regulations.gov search data sources; complete and DATES: Additional comments may be as EPA receives them and without review the collection of information; submitted on or before August 26, 2010. change unless the comment contains and transmit or otherwise disclose the ADDRESSES: Submit your comments, copyrighted material, confidential information. referencing Docket ID No. EPA–HQ– business information (CBI), or other Respondents/Affected Entities: OAR–2003–0079, to (1) EPA online information whose public disclosure is Sewage sludge treatment plant using http://www.regulations.gov (our restricted by statute. For further incinerators. preferred method), by e-mail to a-and- information about the electronic docket, Estimated Number of Respondents: [email protected], or by mail to: EPA go to http://www.regulations.gov. 112. Docket Center, Environmental Title: 8-Hour Ozone National Ambient Frequency of Response: Initially, Protection Agency, Air and Radiation Air Quality Standard Implementation occasionally, and semiannually. Docket, Mailcode 28221T, 1200 Rule (Renewal). Estimated Total Annual Hour Burden: Pennsylvania Ave., NW., Washington, ICR numbers: EPA ICR No. 2236.03, 12,464. DC 20460, and OMB by mail to: Office OMB Control No. 2060–0594. Estimated Total Annual Cost: of Information and Regulatory Affairs, ICR status: This ICR is scheduled to $5,138,948, which includes $1,178,948 Office of Management and Budget expire on July 31, 2010. Under OMB in labor costs, $40,000 in capital/startup (OMB), Attention: Desk Officer for EPA, regulations, the Agency may continue to costs, and $3,920,000 in operation and 725 17th Street, NW., Washington, DC conduct or sponsor the collection of maintenance (O&M) costs. 20503. information while this submission is

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pending at OMB. An Agency may not and transmit or otherwise disclose the ADDRESSES: Submit your comments, conduct or sponsor, and a person is not information. referencing Docket ID No. EPA–HQ– required to respond to, a collection of The ICR provides a detailed OECA–2005–0062, to (1) EPA online information unless it displays a explanation of the Agency’s estimate, using http://www.regulations.gov (our currently valid OMB control number. which is only briefly summarized here: preferred method), by email to The OMB control numbers for EPA’s Respondents/Affected Entities: State [email protected], or by mail to: EPA regulations in title 40 of the CFR, after and local governments. Docket Center, Environmental appearing in the Federal Register when Estimated total number of Protection Agency, Mailcode: 28221T, approved, are listed in 40 CFR part 9 respondents: 21. 1200 Pennsylvania Ave., NW., and are displayed either by publication Frequency of response: Annual. Washington, DC 20460, and (2) OMB by in the Federal Register or by other Estimated total annual burden hours: mail to: Office of Information and appropriate means, such as on the 6,667 hours. Regulatory Affairs, Office of related collection instrument or form, if Estimated total annual costs: Management and Budget (OMB), applicable. The display of OMB control $434,000 in labor costs. There are no Attention: Desk Officer for EPA, 725 numbers in certain EPA regulations is capital investment or maintenance and 17th Street, NW., Washington, DC consolidated in 40 CFR part 9. operational costs. 20503. Changes in the Estimates: There is a Abstract: The PRA requires the FOR FURTHER INFORMATION CONTACT: decrease of 278,666 hours in the total information found in this ICR to assess Jessica Trice, Office of Federal estimated burden currently identified in the burden (in hours and dollars) of the Activities, Mail Code 2252A, the OMB Inventory of Approved ICR 8-hour Ozone National Ambient Air Environmental Protection Agency, 1200 Burdens. This decrease results from the Quality Standard (NAAQS) Pennsylvania Ave., NW., Washington, number of non-attainment areas Implementation Rule as well as the DC 20460; telephone number: (202) decreasing as areas have come into periodic reporting and recordkeeping 564–6646; fax number: (202) 564–0072; compliance with the standards and the necessary to maintain the rule. The rule e-mail address: [email protected]. burden associated with the remaining was proposed June 2, 2003 (68 FR SUPPLEMENTARY INFORMATION: EPA has 32802) and promulgated in two Phases: non-attainment areas decreasing because of the work they have done submitted the following ICR to OMB for Phase 1 published April 30, 2004 (69 FR review and approval according to the 23951) and Phase 2 published previously to comply with the standards. procedures prescribed in 5 CFR 1320.12. November 29, 2005 (70 FR 71612). The On May 7, 2010 (75 FR 25237), EPA rule includes requirements that involve Dated: July 21, 2010. sought comments on this ICR pursuant collecting information from states with John Moses, to 5 CFR 1320.8(d). EPA received no areas that have been designated Director, Collection Strategies Division. comments. Any additional comments on nonattainment for the 8-hour ozone [FR Doc. 2010–18369 Filed 7–26–10; 8:45 am] this ICR should be submitted to EPA NAAQS. These information collection BILLING CODE 6560–50–P and OMB within 30 days of this notice. milestones include state submission of EPA has established a public docket an attainment demonstration State for this ICR under Docket ID No. EPA– Implementation Plan (SIP), a Reasonable ENVIRONMENTAL PROTECTION HQ–OECA–2005–0062, which is Further Progress (RFP) SIP, and a AGENCY available for online viewing at http:// Reasonable Available Control www.regulations.gov, or in person [EPA–HQ–OECA–2005–0062; FRL–9180–6] Technology (RACT) SIP. However, not viewing at the Enforcement and all of the milestones and associated Agency Information Collection Compliance Docket in the EPA Docket burden and administrative costs Activities; Proposed Collection; Center (EPA/DC), EPA West, Room estimates apply to every designated Comment Request; Procedures for 3334, 1301 Constitution Ave., NW., nonattainment area. Areas with cleaner Implementing the National Washington, DC. The EPA/DC Public air quality have fewer requirements. Environmental Policy Act and Reading Room is open from 8:30 a.m. to Burden Statement: The annual public Assessing the Environmental Effects 4:30 p.m., Monday through Friday, reporting and recordkeeping burden for Abroad of EPA Actions (Renewal); EPA excluding legal holidays. The telephone this collection of information is ICR No. 2243.06, OMB Control No. number for the Reading Room is 202– estimated to average 171 hours per 2020–0033 566–1744, and the telephone number for response. Burden means the total time, the Enforcement and Compliance effort, or financial resources expended AGENCY: Environmental Protection Docket is 202–566–1752. by persons to generate, maintain, retain, Agency (EPA). Use EPA’s electronic docket and or disclose or provide information to or ACTION: Notice. comment system at http:// for a federal agency. This includes the www.regulations.gov, to submit or view time needed to review instructions; SUMMARY: In compliance with the public comments, access the index develop, acquire, install, and utilize Paperwork Reduction Act (PRA)(44 listing of the contents of the docket, and technology and systems for the purposes U.S.C. 3501 et seq.), this document to access those documents in the docket of collecting, validating, and verifying announces that an Information that are available electronically. Once in information, processing and Collection Request (ICR) has been the system, select ‘‘docket search,’’ then maintaining information, and disclosing forwarded to the Office of Management key in the docket ID number identified and providing information; adjust the and Budget (OMB) for review and above. Please note that EPA’s policy is existing ways to comply with any approval. This is a request to renew an that public comments, whether previously applicable instructions and existing approved collection. The ICR, submitted electronically or in paper, requirements which have subsequently which is abstracted below, describes the will be made available for public changed; train personnel to be able to nature of the information collection and viewing at http://www.regulations.gov respond to a collection of information; its estimated burden and cost. as EPA receives them and without search data sources; complete and DATES: Additional comments may be change, unless the comment contains review the collection of information; submitted on or before August 26, 2010. copyrighted material, confidential

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business information (CBI), or other Congress through the Agency’s annual Estimated Number of Respondents: information whose public disclosure is Appropriations Act). 312. restricted by statute. For further EPA is collecting information from Frequency of Response: On occasion. information about the electronic docket, certain applicants as part of the process Estimated Total Annual Hour Burden: go to http://www.regulations.gov. of complying with either NEPA or 38,472 hours. Title: Procedures for Implementing Executive Order 12114 (‘‘Environmental Estimated Total Annual Cost: the National Environmental Policy Act Effects Abroad of Major Federal $3,503,245, includes $7,638 annualized and Assessing the Environmental Effects Actions’’). EPA’s NEPA regulations capital or O&M costs. Abroad of EPA Actions (Renewal). apply to the actions of EPA that are Changes in the Estimates: There is a ICR numbers: EPA ICR No. 2243.06, subject to NEPA in order to ensure that decrease of 9,675 hours in the total OMB Control No. 2020–0033. environmental information is available estimated burden currently identified in ICR Status: This ICR is scheduled to to the Agency’s decision-makers and the the OMB Inventory of Approved ICR expire on August 31, 2010. Under OMB public before decisions are made and Burdens. This decrease reflects the regulations, the Agency may continue to before actions are taken. increasing the number of projects that conduct or sponsor the collection of When EPA conducts an are documented with a categorical information while this submission is environmental assessment pursuant to exclusion (CE) rather than an pending at OMB. An Agency may not its Executive Order 12114 procedures, environmental assessment (EA). Under conduct or sponsor, and a person is not the Agency generally follows its NEPA the current ICR, approximately 60% of required to respond to, a collection of procedures. Compliance with the the annual 300 grant projects were procedures is the responsibility of EPA’s information, unless it displays a documented with a CE, and 40% with Responsible Officials, and for applicant- currently valid OMB control number. an EA. However, we estimate that out of proposed actions applicants may be The OMB control numbers for EPA’s the 300 annual grant projects, 75% will required to provide environmental regulations in title 40 of the CFR, after be documented with a CE and 25% will information to EPA as part of the appearing in the Federal Register when be documented with an EA. environmental review process. For this approved, are listed in 40 CFR part 9, Dated: July 21, 2010. Information Collection Request (ICR), are displayed either by publication in applicant-proposed projects subject to John Moses, the Federal Register or by other either NEPA or Executive Order 12114 Director, Collection Strategies Division. appropriate means, such as on the (and that are not addressed in other EPA [FR Doc. 2010–18367 Filed 7–26–10; 8:45 am] related collection instrument or form, if programs’ ICRs) are addressed through BILLING CODE 6560–50–P applicable. The display of OMB control the NEPA process. numbers in certain EPA regulations is Burden Statement: The annual public consolidated in 40 CFR part 9. reporting and recordkeeping burden for ENVIRONMENTAL PROTECTION Abstract: The National Environmental this collection of information is AGENCY Policy Act of 1969 (NEPA), 42 U.S.C. estimated to average 123 hours per [FRL–9180–4] 4321–4347 establishes the federal response. Burden means the total time, government’s national policy for effort, or financial resources expended California State Motor Vehicle and protection of the environment. The by persons to generate, maintain, retain, Nonroad Engine Pollution Control Council on Environmental Quality or disclose or provide information to or Standards; Truck Idling Requirements; Regulations (CEQ Regulations) at 40 for a Federal agency. This includes the Opportunity for Public Hearing and CFR parts 1500 through 1508 establish time needed to review instructions; Request for Public Comment procedures implementing the national develop, acquire, install, and utilize policy. The CEQ Regulations (40 CFR technology and systems for the purposes AGENCY: Environmental Protection 1505.1) require federal agencies to adopt of collecting, validating, and verifying Agency (EPA). and, as needed, revise their own information, processing and ACTION: Notice of opportunity for public implementing procedures to maintaining information, and disclosing hearing and comment. supplement the CEQ Regulations and to and providing information; adjust the ensure their decision-making processes existing ways to comply with any SUMMARY: The California Air Resources are consistent with NEPA. EPA previously applicable instructions and Board (CARB) has notified EPA that it accordingly laid out its ‘‘Procedures for requirements which have subsequently has adopted requirements to reduce Implementing the National changed; train personnel to be able to idling emissions from new and in-use Environmental Policy Act and Assessing respond to a collection of information; trucks beginning in 2008. CARB’s 2008 the Environmental Effects Abroad of search data sources; complete and Truck Idling Requirements apply to new EPA Actions’’ at 40 CFR part 6. review the collection of information; California certified 2008 and subsequent Those subject to the final NEPA rule and transmit or otherwise disclose the model year heavy-duty diesel engines in include certain grant or permit information. heavy-duty diesel vehicles with a gross applicants who must submit Respondents/Affected Entities: vehicle weight rating over 14,000 environmental information Entities potentially affected by this pounds, and to in-use diesel-fueled documentation to EPA for their action are certain grant or permit commercial vehicles with gross vehicle proposed projects. The final NEPA applicants who must submit weight ratings over 10,000 pounds that regulations consolidate and standardize environmental information are equipped with sleeper berths. This the environmental review process documentation to EPA for their projects notice announces that EPA has applicable to all EPA actions subject to to comply with NEPA or Executive tentatively scheduled a public hearing NEPA, including those actions now Order 12114, including Wastewater to consider California’s 2008 Truck specifically addressed in the regulations Treatment Construction Grants Program Idling Requirements request and that and other actions subject to NEPA but facilities, State and Tribal Assistance EPA is accepting written comment on not specifically addressed in the Grant recipients and new source the request. regulations (e.g., certain grants awarded National Pollutant Discharge DATES: EPA has tentatively scheduled a for special projects authorized by Elimination System permittees. public hearing concerning CARB’s

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request on August 31, 2010 at 10 a.m. http://www.regulations.gov Web site is view documents in the record. Although EPA will hold a hearing only if any an ‘‘anonymous access’’ system, which a part of the official docket, the public party notifies EPA by August 17, 2010, means EPA will not know your identity docket does not include Confidential expressing its interest in presenting oral or contact information unless you Business Information (CBI) or other testimony. By August 24, 2010, any provide it in the body of your comment. information whose disclosure is person who plans to attend the hearing If you send an e-mail comment directly restricted by statute. may call Kristien Knapp at (202) 343– to EPA without going through http:// EPA’s Office of Transportation and 9949 to learn if a hearing will be held www.regulations.gov, your e-mail Air Quality also maintains a Web page or may check the following Web page address will automatically be captured that contains general information on its for an update: http://www.epa.gov/otaq/ and included as part of the comment review of California waiver requests. cafr.htm. that is placed in the public docket and Included on that page are links to Parties wishing to present oral made available on the Internet. If you several of the prior waiver Federal testimony at the public hearing should submit an electronic comment, EPA Register notices which are cited provide written notice to Kristien recommends that you include your throughout today’s notice; the page can Knapp at the e-mail address noted name and other contact information in be accessed at http://www.epa.gov/otaq/ below. If EPA receives a request for a the body of your comment and with any cafr.htm. public hearing, that hearing will be held disk or CD–ROM you submit. If EPA FOR FURTHER INFORMATION CONTACT: at 1310 L Street, NW., Washington, DC cannot read your comment due to Kristien Knapp, Compliance and 20005. technical difficulties and cannot contact Innovative Strategies Division, U.S. If EPA does not receive a request for you for clarification, EPA may not be Environmental Protection Agency, 1200 a public hearing, then EPA will not hold able to consider your comment. Pennsylvania Avenue (6405J), NW., a hearing, and instead consider CARB’s Electronic files should avoid the use of Washington, DC 20460. Telephone: request based on written submissions to special characters, any form of (202) 343–9949. Fax: (202) 343–2800. E- the docket. Any party may submit encryption, and be free of any defects or mail: [email protected]. written comments until October 1, 2010. viruses. For additional information SUPPLEMENTARY INFORMATION: ADDRESSES: Submit your comments, about EPA’s public docket visit the EPA Docket Center homepage at http:// I. California’s 2008 Truck Idling identified by Docket ID No. EPA–HQ– Requirements OAR–2010–0317, by one of the www.epa.gov/epahome/dockets.htm. following methods: EPA will make available for public By letter dated May 9, 2008, CARB • On-Line at http:// inspection materials submitted by informed EPA that it had adopted its www.regulations.gov: Follow the On- CARB, written comments received from 2008 Truck Idling Requirements, and Line Instructions for Submitting any interested parties, and any requested that EPA confirm that certain Comments. testimony given at the public hearing. provisions of the requirements are not • E-mail: [email protected]. Materials relevant to this proceeding are preempted by sections 209(a) of the • Fax: (202) 566–1741. contained in the Air and Radiation Clean Air Act (Act); certain provisions • Mail: Air and Radiation Docket, Docket and Information Center, are conditions precedent pursuant to Docket ID No. EPA–HQ–OAR–2010– maintained in Docket ID No. EPA–HQ– section 209(a) of the Act; 1 certain 0317, U.S. Environmental Protection OAR–2010–0317. Publicly available provisions are within-the-scope of Agency, Mailcode: 6102T, 1200 docket materials are available either previous waivers and authorizations Pennsylvania Avenue, NW., electronically through http:// issued pursuant to sections 209(b) and Washington, DC 20460. Please include a www.regulations.gov or in hard copy at 209(e) of the Act, respectively; and at total of two copies. the Air and Radiation Docket in the EPA least one provision requires and merits • Hand Delivery: EPA Docket Center, Headquarters Library, EPA West a full authorization pursuant to section Public Reading Room, EPA West Building, Room 3334, located at 1301 209(e) of the Act.2 CARB’s 2008 Truck Building, Room 3334, 1301 Constitution Constitution Avenue, NW., Washington, Idling Requirements became effective Avenue, NW., Washington, DC 20460. DC. The Public Reading Room is open California State law on November 15, Such deliveries are only accepted to the public on all Federal government 2006, amending title 13, California Code during the Docket’s normal hours of work days from 8:30 a.m. to 4:30 p.m.; of Regulations (CCR) sections 1956.8, operation, and special arrangements generally, it is open Monday through 2404, 2424, 2425, and 2485.3 should be made for deliveries of boxed Friday, excluding holidays. The CARB’s 2008 Truck Idling information. telephone number for the Reading Room Requirements consist of three elements: On-Line Instructions for Submitting is (202) 566–1744. The Air and 1 EPA can confirm that a California requirement Comments: Direct your comments to Radiation Docket and Information is a condition precedent to sale, titling, or Docket ID No. EPA–HQ–OAR–2010– Center’s Web site is http://www.epa.gov/ registration, if: (1) The requirements do not 0317. EPA’s policy is that all comments oar/docket.html. The electronic mail (e- constitute new or different standards or received will be included in the public mail) address for the Air and Radiation accompanying enforcement procedures, and (2) the Docket is: [email protected], the requirements do not affect the basis for the previous docket without change and may be waiver decision. made available online at http:// telephone number is (202) 566–1742, 2 California Air Resources Board (CARB) Letter to www.regulations.gov, including any and the fax number is (202) 566–9744. EPA regarding, ‘‘Requirements to Reduce Idling personal information provided, unless An electronic version of the public Emissions From New and In-Use Trucks, Beginning the comment includes information docket is available through the Federal in 2008; Request for Confirmation That Certain Requirements are not Subject to Preemption Under claimed to be Confidential Business government’s electronic public docket Clean Air Act Section 209(a) or Fall Within the Information (CBI) or other information and comment system. You may access Scope of Previously Granted Waivers and whose disclosure is restricted by statute. EPA dockets at http:// Authorizations, and Request for New Authorization Do not submit information that you www.regulations.gov. After opening the Under Section 209(e)(2),’’ EPA–HQ–OAR–2010– http://www.regulations.gov Web site, 0317–0001. consider to be CBI or otherwise 3 See California Air Resources Board (CARB), protected through http:// enter EPA–HQ–OAR–2010–0317 in the ‘‘Final Regulation Order,’’ EPA–HQ–OAR–2010– www.regulations.gov or e-mail. The ‘‘Enter Keyword or ID’’ fill-in box to 0317–0011.

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(1) ‘‘New engine requirements’’ that standards unless the APS is certified to enforcement procedures are not require new California-certified 2008 meet the applicable California or consistent with section 202(a) of the and subsequent model year on-road Federal standard and meets one of three Act.10 EPA has previously stated that diesel engines in vehicles with a gross additional requirements; 6 and (3) a consistency with section 202(a) requires vehicle weight rating (GVWR) greater determination that its requirements that California’s standards must be than 14,000 pounds (i.e., heavy-duty pertaining to fuel-fired heaters, technologically feasible within the lead diesel vehicles or ‘‘HDDV’’s) be batteries, fuel cells, and power inverter/ time provided, giving due consideration equipped with a system that chargers for on-shore power are not of costs, and that California and automatically shuts down the engine preempted by section 209. applicable Federal test procedures be after five minutes of continuous idling; 11 II. Clean Air Act New Motor Vehicle consistent. (2) ‘‘Sleeper truck requirements’’ that and Engine Waivers of Preemption The second sentence of section 209(a) require the operator of a sleeper truck to of the Act prevents States from manually shut down the engine after Section 209(a) of the Clean Air Act requiring, ‘‘certification, inspection or five minutes of continuous idling; and preempts States and local governments any other approval relating to the (3) ‘‘Alternative technology from setting emission standards for new control of emissions from any new requirements’’ that establish in-use motor vehicles and engines; it provides: motor vehicle or new motor vehicle performance standards for HDDV No State or any political subdivision engine as condition precedent to the operators who use alternative thereof shall adopt or attempt to enforce any initial retail sale, titling (if any), or technologies to supply power for truck standard relating to the control of emissions registration of such motor vehicle, cab or sleeper berth climate control and/ from new motor vehicles or new motor motor vehicle engine, or equipment.’’ vehicle engines subject to this part. No state or other on-board accessories that However, once EPA has granted otherwise would have been generated shall require certification, inspection or any other approval relating to the control of California a waiver of section 209(a)’s by the continuous idling of the truck’s emissions from any new motor vehicle or preemption for emission standards and/ 4 main engine. CARB requests, first, that new motor vehicle engine as condition or accompanying enforcement EPA confirm that its new engine precedent to the initial retail sale, titling (if procedures, California may then require requirements are not preempted by any), or registration of such motor vehicle, other such conditions precedent.12 EPA section 209(a) of the Act, or that they are motor vehicle engine, or equipment. can confirm that a California other conditions precedent required Through operation of section 209(b) of requirement is a condition precedent to prior to the initial sale of new heavy- the Act, California is able to seek and sale, titling, or registration, if: (1) The duty diesel engines. Alternatively, receive a waiver of section 209(a)’s requirements do not constitute new or CARB requests that if EPA concludes preemption. If certain criteria are met, different standards or accompanying that the new engine requirements are section 209(b)(1) of the Act requires the enforcement procedures, and (2) the preempted by section 209(a) of the Act, Administrator, after notice and requirements do not affect the basis for then EPA confirm that the requirements opportunity for public hearing, to waive the previous waiver decision. are within-the-scope of EPA’s application of the prohibitions of previously-issued waiver for 2007 and section 209(a). Section 209(b)(1) only III. Clean Air Act Nonroad Engine and later model year heavy-duty diesel allows a waiver to be granted for any Vehicle Authorizations engines. Second, CARB requests that State that had adopted standards (other Section 209(e)(1) of the Act EPA confirm that its sleeper truck than crankcase emission standards) for permanently preempts any State, or requirements are purely operational the control of emissions from new motor political subdivision thereof, from controls, which are not preempted by vehicles or new motor vehicle engines adopting or attempting to enforce any section 209(a) of the Act. Third, CARB prior to March 30, 1966, if the State standard or other requirement relating requests the following determinations determines that its standards will be, in to the control of emissions for certain from EPA with respect to its alternative the aggregate, at least as protective of new nonroad engines or vehicles. technology requirements: (1) A within- public health and welfare as applicable Section 209(e)(2) of the Act requires the the-scope confirmation for its Federal standards (i.e., if such State Administrator to grant California requirement that an alternative power makes a ‘‘protectiveness authorization to enforce its own supply (APS) may only be operated if determination’’). Because California was standards for new nonroad engines or that engine has been certified to meet the only State to have adopted standards vehicles which are not listed under either applicable California off-road or prior to 1966, it is the only State that is section 209(e)(1), subject to certain Federal nonroad emission standards and qualified to seek and receive a waiver.7 restrictions. On July 20, 1994, EPA test procedures for its fuel type and The Administrator must grant a waiver promulgated a rule that sets forth, 5 power category; (2) a full authorization unless she finds that: (A) California’s among other things, the criteria, as for its requirement that a driver may not above-noted ‘‘protectiveness found in section 209(e)(2), which EPA operate a diesel-fueled APS engine on a determination’’ is arbitrary and must consider before granting any vehicle with a primary engine certified capricious; 8 (B) California does not to the 2007 and subsequent model year need such State standards to meet 10 CAA section 209(b)(1)(C). compelling and extraordinary 11 See, e.g., 74 FR 32767 (July 8, 2009); see also 4 See California Air Resources Board (CARB), conditions; 9 or (C) California’s Motor and Equipment Manufacturers Association v. ‘‘Waiver and Authorization Action Support standards and accompanying EPA (MEMA I), 627 F.2d 1095, 1126 (DC Cir. 1979). Document,’’ pp. 1–13, EPA–HQ–OAR–2010–0317– 12 ‘‘Once California receives a waiver for 0002. standards for a certain class of motor vehicles, it 5 CARB believes this requirement is within-the- 6 The additional requirements are one of the need only meet the waiver criteria of section 209(b) scope of the previous authorization for new following: (a) Exhaust routed into the truck’s for regulations pertaining to those vehicles when it nonroad engine standards because that exhaust system and PM trap; (b) a level 3 verified adopts new or different standards or accompanying authorization already allows enforcement of PM control strategy; or (c) use of other procedures enforcement procedures. Otherwise, California may California’s requirement that any new APS engine to demonstrate an equivalent level of emissions adopt any other condition precedent to the initial acquired since the 2000 model year is required to compliance. retail sale, titling, or registration of those vehicles meet the California or Federal nonroad engine 7 See S.Rep. No. 90–403 at 632 (1967). without the necessity of receiving a further waiver emission standards. (See 75 FR 8056 (February 23, 8 CAA section 209(b)(1)(A). of Federal preemption.’’ 43 FR 36680 (August 18, 2010).) 9 CAA section 209(b)(1)(B). 1978).

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California authorization request for new consideration to the cost of compliance enforcement procedures and require a nonroad engine or vehicle emission within that time, or (2) the Federal and full waiver from EPA, do the standards. On October 8, 2008, the State testing procedures impose requirements meet the full waiver regulations promulgated in that rule inconsistent certification requirements. criteria? were moved to 40 CFR Part 1074, and Second, are CARB’s sleeper truck IV. Within-the-Scope Determinations modified slightly.13 As stated in the requirements properly considered an preamble to the section 209(e) rule, EPA If California amends regulations that operational control and thus not has historically interpreted the section were previously granted a waiver of preempted by section 209 of the Act? To 209(e)(2)(iii) ‘‘consistency’’ inquiry to preemption, EPA can confirm that the the extent that CARB’s sleeper truck require, at minimum, that California amended regulations are within-the- requirements should be treated as standards and enforcement procedures scope of the previously granted waiver. standards relating to the control of be consistent with section 209(a), Such within-the-scope amendments are emissions from new motor vehicles or section 209(e)(1), and section permissible without a full waiver review engines or accompanying enforcement 209(b)(1)(C) (as EPA has interpreted that if three conditions are met. First, the procedures and require a full waiver subsection in the context of section amended regulations must not from EPA, do the requirements meet the 209(b) motor vehicle waivers).14 undermine California’s determination criteria for a full waiver? In order to be consistent with section that its standards, in the aggregate, are Third, with respect to CARB’s 209(a), California’s nonroad standards as protective of public health and alternative technology requirements, and enforcement procedures must not welfare as applicable Federal standards. EPA presents the following specific apply to new motor vehicles or new Second, the amended regulations must questions: (1) Does CARB’s requirement motor vehicle engines. To be consistent not affect consistency with section that an APS using an internal with section 209(e)(1), California’s 202(a) of the Act. Third, the amended combustion engine be certified to meet nonroad standards and enforcement regulations must not raise any ‘‘new either California off-road or Federal procedures must not attempt to regulate issues’’ affecting EPA’s prior waivers. nonroad emission standards and test procedures meet the requirements for engine categories that are permanently V. EPA’s Request for Public Comment preempted from State regulation. To finding that it is within-the-scope of the determine consistency with section When EPA receives a new waiver or authorization EPA issued for new 209(b)(1)(C), EPA typically reviews authorization request from CARB, EPA nonroad engine standards, thus not nonroad authorization requests under traditionally publishes a notice of requiring a full authorization?; 15 (2) If the same ‘‘consistency’’ criteria that are opportunity for public hearing and not, does CARB’s requirement that an applied to motor vehicle waiver comment in the Federal Register. Then, APS using an internal combustion requests. Pursuant to section after the comment period has closed and engine be certified to meet either 209(b)(1)(C), the Administrator shall not EPA has evaluated CARB’s request in California off-road or Federal nonroad grant California a motor vehicle waiver light of the administrative record, EPA emission standards and test procedures if she finds that California ‘‘standards publishes a notice of decision in the meet the requirements for a full and accompanying enforcement Federal Register. In contrast, when EPA authorization?; (3) Does CARB’s receives a request from CARB that EPA procedures are not consistent with requirement that a diesel-fueled APS confirm that CARB amendments are section 202(a)’’ of the Act. Previous engine be certified to the California or within-the-scope of previous waivers decisions granting waivers and Federal 2007 and subsequent model and/or authorizations, EPA typically authorizations have noted that State year standards and meet one of three publishes a notice of its decision in the 16 standards and enforcement procedures other listed requirements meet the Federal Register and concurrently are inconsistent with section 202(a) if: criteria for a full authorization?; and invites public comment if an interested (1) There is inadequate lead time to (4) Are CARB’s requirements pertaining party is opposed to EPA’s decision. permit the development of the necessary to fuel-fired heaters, batteries, fuel cells, Because CARB’s request for its 2008 technology giving appropriate power inverter/chargers for on-shore Truck Idling Requirements includes at power, and truck electrification least one requirement that CARB 13 The applicable regulations, now in 40 CFR part preempted under section 209 of the 1074, subpart B, § 1074.105, provide: believes require a new full Clean Air Act, and if so, do they meet (a) The Administrator will grant the authorization authorization, EPA invites public the requirements for waiver under if California determines that its standards will be, comment on the entire request, section 209(b) or authorization under in the aggregate, at least as protective of public including but not limited to the health and welfare as otherwise applicable Federal section 209(e)? standards. following issues. As called out by these specific (b) The authorization will not be granted if the First, should EPA consider CARB’s questions, EPA is seeking threshold Administrator finds that any of the following are new engine requirements as non- input on whether to treat various true: preempted operational controls, or as elements of CARB’s 2008 Truck Idling (1) California’s determination is arbitrary and conditions precedent? In the alternative, Requirements as conditions precedent, capricious. if CARB’s new engine requirements (2) California does not need such standards to within-the-scope of previous waivers meet compelling and extraordinary conditions. should be treated as standards relating and authorizations, not preempted by (3) The California standards and accompanying to the control of emissions or section 209, or in need of a full waiver enforcement procedures are not consistent with accompanying enforcement procedures, or authorization. After determining section 209 of the Act. should they be subject to and do they which analysis to conduct, EPA will (c) In considering any request from California to meet the criteria for EPA to confirm that authorize the State to adopt or enforce standards or likely review the requirements other requirements relating to the control of they are within-the-scope of EPA’s emissions from new nonroad spark-ignition engines waiver for new heavy-duty diesel 15 75 FR 8056 (February 23, 2010). smaller than 50 horsepower, the Administrator will engines for 2007 and subsequent model 16 The additional requirements are one of the give appropriate consideration to safety factors years? To the extent the new engine following: (a) Exhaust routed into the truck’s (including the potential increased risk of burn or exhaust system and PM trap; (b) a level 3 verified fire) associated with compliance with the California requirements should be treated as PM control strategy; or (c) use of other procedures standard. standards relating to the control of to demonstrate an equivalent level of emissions 14 See 59 FR 36969 (July 20, 1994). emissions or accompanying compliance.

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according to its traditional criteria, and presiding officer is authorized to strike ACTION: Notice of Determination. therefore, seeks substantive comment on from the record statements that he or whether the various elements of CARB’s she deems irrelevant or repetitious and SUMMARY: The Regional Administrator 2008 Truck Idling Requirements meet to impose reasonable time limits on the of the Environmental Protection the applicable criteria for confirmation duration of the statement of any Agency—New England Region, has as conditions precedent,17 within-the- participant. determined that adequate facilities for scope,18 non-preemption,19 and full If a hearing is held, the Agency will the safe and sanitary removal and waiver 20 or authorization.21 make a verbatim record of the treatment of sewage from all vessels are proceedings. Interested parties may reasonably available for the coastal VI. Procedures for Public Participation arrange with the reporter at the hearing waters of Gloucester, Rockport, Essex, In recognition that public hearings are to obtain a copy of the transcript at their Ipswich, Rowley, Newbury, designed to give interested parties an own expense. Regardless of whether a Newburyport, Salisbury, Amesbury, opportunity to participate in this public hearing is held, EPA will keep West Newbury, Merrimac, Groveland, proceeding, there are no adverse parties the record open until October 1, 2010. North Andover, Haverhill, Methuen, as such. Statements by participants will Upon expiration of the comment period, and Lawrence, collectively termed the not be subject to cross-examination by the Administrator will render a decision Upper North Shore for the purpose of other participants without special on CARB’s request based on the record this notice. approval by the presiding officer. The from the public hearing, if any, all ADDRESSES: Docket: All documents in relevant written submissions, and other the docket are listed in the http:// 17 EPA has previously stated that, ‘‘Once information that she deems pertinent. www.regulations.gov index. Although California receives a waiver for standards for a All information will be available for listed in the index, some information is certain class of motor vehicles, it need only meet the waiver criteria of section 209(b) for regulations inspection at the EPA Air Docket No. not publicly available, e.g., CBI or other pertaining to those vehicles when it adopts new or EPA–HQ–OAR–2010–0317. information whose disclosure is different standards or accompanying enforcement Persons with comments containing restricted by statute. Certain other procedures. Otherwise, California may adopt any proprietary information must material, such as copyrighted material, other condition precedent to the initial retail sale, titling, or registration of those vehicles without the distinguish such information from other will be publicly available only in hard necessity of receiving a further waiver of Federal comments to the greatest extent possible copy. Publicly available docket preemption.’’ 43 FR 36680 (August 18, 1978). and label it as ‘‘Confidential Business materials are available electronically in 18 As stated in Section IV above, EPA’s inquiry for Information’’ (CBI). If a person making http://www.regulations.gov. within-the-scope confirmations requires that: (1) The amended regulations must not undermine comments wants EPA to base its FOR FURTHER INFORMATION CONTACT: Ann California’s determination that its standards, in the decision on a submission labeled as CBI, Rodney, U. S. Environmental Protection aggregate, are as protective of public health and then a non-confidential version of the Agency—New England Region, Office of welfare as applicable Federal standards; (2) the document that summarizes the key data Ecosystem Protection, Oceans and amended regulations must not affect consistency with section 202(a) of the Act; and (3) the amended or information should be submitted to Coastal Protection Unit, Five Post Office regulations must not raise any ‘‘new issues’’ the public docket. To ensure that Square, Suite 100, OEP06–1, Boston, affecting EPA’s prior waivers. proprietary information is not MA 02109–3912. Telephone: (617) 918– 19 A requirement is not preempted if it is not a inadvertently placed in the public 1538. Fax number: (617) 918–0538. E- ‘‘standard relating to the control of emissions from docket, submissions containing such new motor vehicles or any new motor vehicle mail address: [email protected]. engines subject to [Title II of the Clean Air Act],’’ information should be sent directly to SUPPLEMENTARY INFORMATION: On May or ‘‘certification, inspection or any other approval the contact person listed above and not 20, 2010, EPA published a notice that relating to the control of emissions from any new to the public docket. Information the Commonwealth of Massachusetts motor vehicle or new motor vehicle engine as covered by a claim of confidentiality condition precedent to the initial retail sale, titling had petitioned the Regional (if any), or registration of such motor vehicle, motor will be disclosed by EPA only to the Administrator, Environmental vehicle engine, or equipment.’’ CAA § 209(a). extent allowed, and according to the Protection Agency, to determine that 20 As stated in Section II above, the Administrator procedures set forth in 40 CFR Part 2. adequate facilities for the safe and must grant a waiver unless she finds that: (A) If no claim of confidentiality California’s ‘‘protectiveness determination’’ is sanitary removal and treatment of arbitrary and capricious; (B) California does not accompanies the submission when EPA sewage from all vessels are reasonably need such State standards to meet compelling and receives it, EPA will make it available available for the waters of the Upper extraordinary conditions; or (C) California’s to the public without further notice to North Shore. Four comments were standards and accompanying enforcement the person making comments. procedures are not consistent with section 202(a) of received on this petition. The response the Act. EPA has previously stated that ‘‘consistency Dated: July 20, 2010. to comments can be obtained utilizing with section 202(a) requires that California’s Margo Tsirigotis Oge, the above contact information. standards must be technologically feasible within The petition was filed pursuant to the lead time provided, given due consideration of Director, Office of Transportation and Air costs, and that California and applicable Federal Quality, Office of Air and Radiation. Section 312(f)(3) of Public Law 92–500, test procedures be consistent. [FR Doc. 2010–18362 Filed 7–26–10; 8:45 am] as amended by Public Laws 95–217 and 21 As stated in Section III above, the BILLING CODE 6560–50–P 100–4, for the purpose of declaring Administrator must grant an authorization unless these waters a No Discharge Area she finds that: (A) California’s ‘‘protectiveness determination’’ is arbitrary and capricious; (B) (NDA). California does not need such standards to meet ENVIRONMENTAL PROTECTION Section 312(f)(3) states: After the compelling and extraordinary conditions; or (C) AGENCY effective date of the initial standards California’s standards and accompanying and regulations promulgated under this enforcement procedures are not consistent with [EPA–R01–OW–2010–0318, FRL–9180–3] section 209 of the Act. EPA has clarified through section, if any State determines that the rulemaking that consistency with section 209 Massachusetts Marine Sanitation protection and enhancement of the requires, at minimum, that California standards and Device Standard—Notice of quality of some or all of the waters enforcement procedures be consistent with section within such State require greater 209(a), section 209(e)(1), and section 209(b)(1)(C) Determination (as EPA has interpreted that subsection in the environmental protection, such State context of section 209(b) motor vehicle waivers). AGENCY: Environmental Protection may completely prohibit the discharge See 40 CFR 1074.105. Agency (EPA). from all vessels of any sewage, whether

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treated or not, into such waters, except sanitary removal and treatment of This Notice of Determination is for that no such prohibition shall apply sewage from all vessels are reasonably the waters of the Upper North Shore. until the Administrator determines that available for such water to which such The NDA boundaries are as follows: adequate facilities for the safe and prohibition would apply.

Waterbody/General area From longitude From latitude To longitude To latitude

The southern edge of the Upper North Shore NDA boundary is the Manchester/Gloucester municipal line at ...... 70°42′50″ W 42°34′21″ N 70°35′59″ W 42°33′02″ N The northern edge of the Upper North Shore NDA boundary is MA/Seabrook, NH border at ...... 70°48′47″ W 42°52′19″ N 70°43′57″ W 42°52′35″ N On the Merrimack River, the inland edge of the NDA boundary is at the Essex Dam in Lawrence at ...... 71°09′58″ W 42°42′02″ N On the Parker River, the inland edge of the NDA boundary is at the MBTA bridge in Newbury at ...... 70° 52′00″ W 42° 45′20″ N On the Rowley River, the inland edge of the NDA boundary is at the MBTA bridge on the Rowley/Ipswich town line at ...... 70° 51′28″ W 42° 43′19″ N On the Ipswich River, the inland edge of the NDA boundary is at County Street in Ipswich at ...... 70° 50′07″ W 42° 40′44″ N On the Essex River, the inland edge of the NDA boundary is at Main Street in Essex at ...... 70° 46′43″ W 42° 37′55″ N

The eastern edge of the boundary is The information submitted to EPA by site visits conducted by EPA New contiguous with the state/federal line the Commonwealth of Massachusetts England staff, EPA has determined that also known as the Submerged Lands Act certifies that there are 13 pumpout adequate facilities for the safe and boundary line and Territorial Sea facilities located within this area. A list sanitary removal and treatment of boundary. The area includes the of the facilities, with locations, phone sewage from all vessels are reasonably municipal waters of Gloucester, numbers, and hours of operation is available for the area covered under this Rockport, Essex, Ipswich, Rowley, appended at the end of this determination. Newbury, Newburyport, Salisbury, determination. This determination is made pursuant Amesbury, West Newbury, Merrimac, Based on the examination of the to Section 312(f)(3) of Public Law 92– Groveland, North Andover, Haverhill, petition and its supporting 500, as amended by Public Laws 95–217 Methuen, and Lawrence. documentation, and information from and 100–4.

PUMPOUT FACILITIES WITHIN THE NO DISCHARGE AREA [Upper North Shore]

Mean low water Name Location Contact Info. Hours depth (ft)

Gloucester Cape Ann Marina ... 75 Essex Ave., Annisquam 978–283–3293; VHF 10 ...... 8am–4pm ...... 6 River. Gloucester Harbormaster ...... 19 Harbor Loop ...... 978–282–3012; VHF 16 ...... On call ...... N/A Rockport Harbormaster ...... 34 Broadway ...... 978–546–9589; VHF 9, 16 ...... On call ...... N/A Ipswich Harbormaster...... 15 Elm Street, Plum Island 978–356–4343; VHF 9, 16 ...... On call ...... N/A Sound. Rowley Harbormaster ...... 497 Main Street ...... VHF 9 ...... Thur–Tue; 10am–6pm ...... N/A Rowley, Perley’s Marina ...... 109 Warehouse Lane ...... 978–948–2812; VHF 9, 16 ...... Mon–Fri 8am–6pm; Sat–Sun 4 8am–5pm. Newbury Riverfront Marina ...... 292 High Road ...... 978–465–6090; VHF 9 ...... 8am–5pm (6pm weekend) ...... 4 Newburyport Cashman Park .... Merrimack River ...... 978–462–3746; VHF 12, 16 .... Self Service Memorial Day/End 6 of October. Newburyport Harbormaster ...... 60 Pleasant Street ...... 978–462–3746; VHF 12, 16 .... Fri 1pm–5pm; Sat, Sun & Holi- N/A days 9am–5pm. Amesbury Marina at Hatter’s 60 Merrimac Street ...... 978–388–7333; VHF 9 ...... 8am–9pm ...... 4 Point. West Newbury Harbormaster ... Merrimack River Town Dock ... 978–363–1213; VHF 9, 16 ...... On call; 9am–5pm ...... N/A Salisbury Harbormaster ...... Town Wharf ...... 978–499–0740; VHF 12 ...... On call ...... N/A

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Dated: June 28, 2010. Administrator on the technical basis for September 8, 2010 for the September 13, H. Curtis Spalding, Agency positions and regulations. The 2010 teleconference to be placed on the Regional Administrator, New England Region. SAB is a Federal Advisory Committee list of public speakers. Written [FR Doc. 2010–18363 Filed 7–26–10; 8:45 am] chartered under FACA. The SAB will Statements: Written statements should BILLING CODE 6560–50–P comply with the provisions of FACA be supplied to the DFO via email at the and all appropriate SAB Staff Office contact information noted above no later procedural policies. than September 8, 2010. Written ENVIRONMENTAL PROTECTION The SAB Panel held a teleconference statements should be supplied in one of AGENCY on April 20, 2010, a face-to-face meeting the following electronic formats: Adobe on May 10–12, 2010 and a Acrobat PDF, MS Word, MS [FRL–9179–9] teleconference on June 24, 2010. These PowerPoint, or Rich Text files in IBM– Science Advisory Board Staff Office; meetings were announced in the PC/Windows 98/2000/XP format. Notification of Rescheduling of Federal Register Notices dated March Submitters are requested to provide Teleconference of the SAB 31, 2010 (75 FR 16108–16109) and June versions of signed documents, Trichloroethylene Review Panel 2, 2010 (75 FR 30827–30828), submitted with and without signatures, respectively. The Federal Register because the SAB Staff Office does not AGENCY: Environmental Protection Notice of June 2, 2010 also announced publish documents with signatures on Agency (EPA). a teleconference on August 5, 2010. This its Web sites. ACTION: Notice. teleconference is now rescheduled for Accessibility: For information on September 13, 2010. The SAB Panel will access or services for individuals with SUMMARY: The EPA Science Advisory discuss its draft advisory on EPA’s disabilities, please contact Dr. Holly Board (SAB) Staff Office announces a Toxicological Review of Stallworth at (202) 564–2073 or rescheduling of a public teleconference Trichloroethylene in Support of [email protected]. To request of the SAB Trichloroethylene Review Summary Information on the Integrated accommodation of a disability, please Panel. The teleconference, previously Risk Information System (IRIS), External contact Dr. Stallworth preferably at least scheduled for August 5, 2010, will be Review Draft (October 2009). ten days prior to each teleconference to held on September 13, 2010. The SAB Availability of Meeting Materials: The give EPA as much time as possible to Panel will discuss its draft review report SAB meeting agenda and materials in process your request. on EPA’s Toxicological Review of support of this teleconference will be Trichloroethylene in Support of placed on the SAB Web site at http:// Dated: July 22, 2010. Summary Information on the Integrated www.epa.gov/sab in advance of the Vanessa Vu, Risk Information System (IRIS), External teleconference. For technical questions Director, EPA Science Advisory Board Staff Review Draft (October 2009). and information concerning EPA’s draft Office. DATES: There will be a public IRIS document, please contact Dr. [FR Doc. 2010–18364 Filed 7–26–10; 8:45 am] teleconference on September 13, 2010 Weihsueh Chiu at (703) 347–8607, or BILLING CODE 6560–50–P from 12 p.m. to 4 p.m. (Eastern Daylight [email protected]. Time). The teleconference previously Procedures for Providing Public Input: scheduled for August 5, 2010 is Public comment for consideration by ENVIRONMENTAL PROTECTION cancelled. EPA’s federal advisory committees and AGENCY panels has a different purpose from ADDRESSES: [EPA–HQ–OPP–2009–0332; FRL–8838–6] The teleconference will be public comment provided to EPA conducted by phone only. program offices. Therefore, the process Methyl Parathion; Rescision of FOR FURTHER INFORMATION CONTACT: Any for submitting comments to a federal Previously Issued Order and Issuance member of the public wishing to obtain advisory committee is different from the of Revised Cancellation Order for information concerning the public process used to submit comments to an Certain Pesticide Registrations teleconference may contact Dr. Holly EPA program office. Federal advisory Stallworth, Designated Federal Officer committees and panels, including AGENCY: Environmental Protection (DFO), EPA Science Advisory Board scientific advisory committees, provide Agency (EPA). Staff Office (1400R), U.S. Environmental independent advice to EPA. Members of ACTION: Notice. Protection Agency, 1200 Pennsylvania the public can submit comments for a Avenue, NW., Washington, DC 20460; Federal advisory committee to consider SUMMARY: This notice announces EPA’s by telephone/voice mail at (202) 564– as it develops advice for EPA. They rescision of a previously issued 2073 or via e-mail at should send their comments directly to cancellation order and provides a [email protected]. General the Designated Federal Officer for the revised cancellation order, voluntarily information about the SAB, as well as relevant advisory committee. Oral requested by the registrants and any updates concerning the meeting Statements: In general, individuals or accepted by the Agency, of products announced in this notice, may be found groups requesting an oral presentation containing methyl parathion, pursuant on the SAB Web site at http:// at a public teleconference will be to section 6(f)(1) of the Federal www.epa.gov/sab. limited to three minutes per speaker, Insecticide, Fungicide, and Rodenticide SUPPLEMENTARY INFORMATION: Pursuant with no more than a total of 30 minutes Act (FIFRA), as amended. This revised to the Federal Advisory Committee Act for all speakers. Each person making an cancellation order rescinds a July 16, (FACA), 5 U.S.C., App. 2, notice is oral statement should consider 2010 Federal Register Notice which hereby given that the SAB providing written comments as well as incorrectly stated the effective date of Trichloroethylene Review Panel (Panel) their oral statement so that the points the cancellations of the product will hold a public teleconference to presented orally can be expanded upon registrations listed in Table 1 of Unit II. discuss its peer review report to EPA. in writing. Interested parties should This order correctly identifies the The SAB was established pursuant to 42 contact Dr. Holly Stallworth, DFO, in effective dates of cancellation for the U.S.C. 4365 to provide independent writing (preferably via e-mail) at the affected product registrations. In scientific and technical advice to the contact information noted above, by addition, this order clarifies the existing

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stocks provisions. These are the last available in hard copy, at the Office of TABLE 2.—REGISTRANTS OF products containing this pesticide Pesticide Programs (OPP) Regulatory CANCELLED PRODUCTS—Continued registered for use in the United States. Public Docket in Rm. S–4400, One In the April 28, 2010 Federal Register Potomac Yard (South Bldg.), 2777 S. EPA Company Company Name and Notice of Receipt of Requests from the Crystal Dr., Arlington, VA. The hours of Number Address registrants listed in Table 2 of Unit II. operation of this Docket Facility are to voluntarily cancel all these product from 8:30 a.m. to 4 p.m., Monday 67760 Cheminova, Inc. registrations, EPA indicated that it 1600 Wilson Boulevard, through Friday, excluding legal Suite 700 would issue an order implementing the holidays. The Docket Facility telephone Arlington, VA 22209 cancellations, unless the Agency number is (703) 305–5805. received substantive comments within 70506 United Phosphorus the 30 day comment period that would II. What Action is the Agency Taking? 630 Freedom Business merit its further review of these This revised cancellation order Center, requests, or unless the registrants rescinds a July 16, 2010 Federal Suite 402 withdrew their requests. The Agency Register Notice (75 FR 41482) which King of Prussia, PA received two comments on the notice incorrectly stated the effective date of 19406 but none merited the denial or the the cancellations of the product further review of the requests. Further, registrations listed in Table 1 of Unit II III. Summary of Public Comments the registrants did not withdraw their and issues a revised order for the Received and Agency Response to requests. Accordingly, EPA hereby cancellation of methyl parathion Comments issues in this notice a cancellation order products. This order correctly identifies EPA received two comments from the granting the requested cancellations. the effective dates of cancellation for the general public. The first comment was Any distribution, sale, or use of the affected product registrations. In from the Independent Scientific products subject to this cancellation addition, this order clarifies the existing Research Advocates, and refers to the order is permitted only in accordance stocks provisions. toxicity issues of organophosphates as a with the terms of this order, including The cancellation order for methyl class of chemicals, and does not any existing stocks provisions. parathion products, issued in the specifically refer to this cancellation DATES: The cancellations are effective Federal Register on July 16, 2010 is action for methyl parathion. The second December 31, 2012. rescinded. This notice announces the comment was from the USA Rice FOR FURTHER INFORMATION CONTACT: cancellations as requested by Federation, and notes the concern over Kelly Ballard, Pesticide Re-evaluation registrants, of methyl parathion the loss of methyl parathion. USA Rice Division (7508P), Office of Pesticide products registered under section 3 of would like EPA to expedite a Programs, Environmental Protection FIFRA. These registrations are listed in replacement chemical for methyl Agency, 1200 Pennsylvania Ave., NW., sequence by registration number in parathion, and would support the Washington, DC 20460–0001; telephone Table 1 of this unit. expedition. The Agency does not number: (703) 305-8126; fax number: believe that the comments submitted (703) 305-5290; e-mail address: TABLE 1.—METHYL PARATHION during the comment period merit [email protected]. PRODUCT CANCELLATIONS further review for the purpose of this order or for a denial of the requests for SUPPLEMENTARY INFORMATION: EPA Registra- Product Name voluntary cancellation. I. General Information tion Number IV. Cancellation Order A. Does this Action Apply to Me? 4787–33 Cheminova Methyl Pursuant to FIFRA section 6(f), EPA This action is directed to the public Parathion Technical hereby approves the requested in general, and may be of interest to a 67760–43 Cheminova Methyl cancellations of methyl parathion wide range of stakeholders including Parathion 4 EC registrations identified in Table 1 of environmental, human health, and Unit II. Accordingly, the Agency hereby agricultural advocates; the chemical 70506–193 PENNCAP-M Micro- orders that the product registrations industry; pesticide users; and members encapsulated Insecti- identified in Table 1 of Unit II. are of the public interested in the sale, cide canceled. The effective date of the distribution, or use of pesticides. Since cancellations that are subject of this others also may be interested, the Table 2 of this unit includes the notice is December 31, 2012. Any Agency has not attempted to describe all names and addresses of record for all distribution, sale, or use of existing the specific entities that may be affected registrants of the products in Table 1 of stocks of the products identified in by this action. If you have any questions this unit, in sequence by EPA company Table 1 of Unit II. in a manner regarding the applicability of this action number. This number corresponds to inconsistent with any of the provisions to a particular entity, consult the person the first part of the EPA registration for disposition of existing stocks set listed under FOR FURTHER INFORMATION numbers of the products listed above. forth in Unit VI. will be a violation of CONTACT. FIFRA. TABLE 2.—REGISTRANTS OF B. How Can I Get Copies of this CANCELLED PRODUCTS V. What is the Agency’s Authority for Document and Other Related Taking this Action? Information? EPA Company Company Name and Section 6(f)(1) of FIFRA provides that EPA has established a docket for this Number Address a registrant of a pesticide product may action under docket identification (ID) 4787 Cheminova A/S at any time request that any of its number EPA–HQ–OPP–2009–0332. 1600 Wilson Boulevard, pesticide registrations be canceled or Publicly available docket materials are Suite 700 amended to terminate one or more uses. available either in the electronic docket Arlington, VA 22209 FIFRA further provides that, before at http://www.regulations.gov, or, if only acting on the request, EPA must publish

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a notice of receipt of any such request Dated: July 20, 2010. indicated for that notice or to the offices in the Federal Register. Thereafter, Richard P. Keigwin, Jr., of the Board of Governors. Comments following the public comment period, Director, Pesticide Re-evaluation Division, must be received not later than August the EPA Administrator may approve Office of Pesticide Programs. 11, 2010. such a request. The notice of receipt for [FR Doc. 2010–18380 Filed 7–26–10; 8:45 am] A. Federal Reserve Bank of this action was published for comment BILLING CODE 6560–50–S Richmond (A. Linwood Gill, III, Vice on April 28, 2010 (75 FR 22402-22404) President) 701 East Byrd Street, (FRL–8822–6). The comment period Richmond, Virginia 23261–4528: 1. Jeffrey T. Valcourt, JNV Limited closed on May 28, 2010. FEDERAL ELECTION COMMISSION Partnership, II, and JNV Limited VI. Provisions for Disposition of Sunshine Act Notices Partnership, III, all of Arlington, Existing Stocks Virginia; acting in concert to acquire AGENCY: Federal Election Commission. voting shares of United Financial Existing stocks are those stocks of DATE AND TIME: Wednesday, July 21, Banking Companies, Inc., and thereby registered pesticide products which are 2010, at 10 a.m. indirectly acquire voting shares of The currently in the United States and Business Bank, both of Vienna, Virginia. PLACE: 999 E Street, NW., Washington, which were packaged, labeled, and DC (Ninth Floor). Board of Governors of the Federal Reserve released for shipment prior to the System, July 22, 2010. effective date of the action. The existing STATUS: This meeting will be open to the public. Robert deV. Frierson, stocks provision for the products subject Deputy Secretary of the Board. ITEMS TO BE DISCUSSED: to this order is specified in the [FR Doc. 2010–18342 Filed 7–26–10; 8:45 am] Memorandum of Agreement between Draft Advisory Opinion 2010–09: BILLING CODE 6210–01–S the EPA and registrants listed in Table Club for Growth, by its counsel, Carol A. 2 (www.regulations.gov—EPA–HQ– Laham, Esq., and D. Mark Renaud, Esq., OPP–2009–0010). The existing stocks of Wiley Rein LLP. FEDERAL RESERVE SYSTEM provision is as follows: All sale, Draft Advisory Opinion 2010–11: distribution and use of existing stocks of Commonsense Ten, by its counsel, Marc Formations of, Acquisitions by, and manufacturing-use products imported E. Elias, Esq., and Ezra Reese, Esq., of Mergers of Bank Holding Companies into the United States shall be Perkins Coie LLP. Individuals who plan to attend and The companies listed in this notice prohibited as of December 31, 2012. In require special assistance, such as sign have applied to the Board for approval, addition, as of December 31, 2012, all language interpretation or other pursuant to the Bank Holding Company sale, distribution, and use of existing reasonable accommodations, should Act of 1956 (12 U.S.C. 1841 et seq.) stocks of manufacturing-use products contact Darlene Harris, Deputy (BHC Act), Regulation Y (12 CFR Part shall be prohibited unless the sale, Commission Secretary, at (202) 694– 225), and all other applicable statutes distribution, or use is for purposes of 1040, at least 72 hours prior to the and regulations to become a bank export consistent with section 17 of hearing date. holding company and/or to acquire the FIFRA or for proper disposal. assets or the ownership of, control of, or PERSON TO CONTACT FOR INFORMATION: Registrants are prohibited from selling Judith Ingram, Press Officer, Telephone: the power to vote shares of a bank or or distributing end-use products as of (202) 694–1220. bank holding company and all of the December 31, 2012, except for end-use banks and nonbanking companies products intended for export consistent Shawn Woodhead Werth, owned by the bank holding company, with the requirements of section 17 of Secretary and Clerk of the Commission. including the companies listed below. FIFRA, or for proper disposal. Persons [FR Doc. 2010–18150 Filed 7–26–10; 8:45 am] The applications listed below, as well other than the registrants are permitted BILLING CODE 6715–01–M as other related filings required by the to sell or distribute end-use products Board, are available for immediate prior to August 31, 2013. All sale and inspection at the Federal Reserve Bank indicated. The applications also will be distribution of end-use products shall be FEDERAL RESERVE SYSTEM prohibited as of August 31, 2013, except available for inspection at the offices of for export consistent with section 17 of Change in Bank Control Notices; the Board of Governors. Interested FIFRA or for proper disposal. Acquisition of Shares of Bank or Bank persons may express their views in Additionally, all use of existing stocks Holding Companies writing on the standards enumerated in of the end-use products shall be the BHC Act (12 U.S.C. 1842(c)). If the The notificants listed below have prohibited as of December 31, 2013, proposal also involves the acquisition of applied under the Change in Bank except for products intended for export a nonbanking company, the review also Control Act (12 U.S.C. 1817(j)) and consistent with the requirements of includes whether the acquisition of the § 225.41 of the Board’s Regulation Y (12 nonbanking company complies with the section 17 of FIFRA or proper disposal. CFR 225.41) to acquire a bank or bank standards in section 4 of the BHC Act Finally, as of the effective date of this holding company. The factors that are (12 U.S.C. 1843). Unless otherwise cancellation order, any permitted use of considered in acting on the notices are noted, nonbanking activities will be existing stocks is expressly conditioned set forth in paragraph 7 of the Act (12 conducted throughout the United States. upon such use being consistent with the U.S.C. 1817(j)(7)). Additional information on all bank terms of the previously approved The notices are available for holding companies may be obtained labeling on or that accompanied the immediate inspection at the Federal from the National Information Center cancelled product. Reserve Bank indicated. The notices website at www.ffiec.gov/nic/. List of Subjects also will be available for inspection at Unless otherwise noted, comments the office of the Board of Governors. regarding each of these applications Environmental protection, Pesticides Interested persons may express their must be received at the Reserve Bank and pests. views in writing to the Reserve Bank indicated or the offices of the Board of

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Governors not later than August 20, ways to enhance the quality, utility, and transmitted and does not require the use 2010. clarity of the information to be of a specific software program. The A. Federal Reserve Bank of Atlanta collected; and (d) ways to minimize the ability of NETSS to accept records (Clifford Stanford, Vice President) 1000 burden of the collection of information generated by different software Peachtree Street, N.E., Atlanta, Georgia on respondents, including through the programs makes it useful for the 30309: use of automated collection techniques efficient integration of surveillance 1. North American Financial or other forms of information systems nationwide. Holdings, Inc., Charlotte, North technology. Written comments should Since 1999, the CDC, Epidemiology Carolina; to acquire up to 100 percent of be received within 60 days of this Program Office (EPO) has worked with the voting shares of TIB Financial Corp., notice. CSTE, state and local public health and thereby indirectly acqquire voting Proposed Project system staff, and other CDC disease shares of TIB Bank, both of Naples, prevention and control program staff to Florida. National Electronic Disease Surveillance System (NEDSS)—(OMB identify information and information In connection with this application, technology standards to support Applicant also has applied to acquire Number 0920–0728 exp. 2/28/2011)— Extension—Office of the Director (OD), integrated disease surveillance. That 100 percent of the voting shares of effort is now focused on development of Naples Capital Advisors, Inc., Naples, Centers for Disease Control and Prevention (CDC). the National Electronic Disease Florida, and thereby engage in Surveillance System (NEDSS), investment and financial advisory Background and Brief Description coordinated by CDC’s Deputy Director activities, pursuant to section for Integrated Health Information 225.28(b)(6)(i) of Regulation Y. CDC is responsible for the dissemination of nationally notifiable Systems. Board of Governors of the Federal Reserve disease information and for monitoring NEDSS will electronically integrate System, July 22, 2010. and reporting the impact of epidemic and link together a wide variety of Robert deV. Frierson, influenza on mortality, Public Health surveillance activities and will facilitate Deputy Secretary of the Board. Services Act (42 U.S.C. 241). In April more accurate and timely reporting of [FR Doc. 2010–18341 Filed 7–26–10; 8:45 am] 1984, CDC Epidemiology Program Office disease information to CDC and the state BILLING CODE 6210–01–S (EPO) in cooperation with the Council and local health departments. of State and Territorial Epidemiologists Consistent with recommendations from (CSTE) and epidemiologists in six states our state and local surveillance partners DEPARTMENT OF HEALTH AND began a pilot project, the Epidemiologic as described in the 1995 report, HUMAN SERVICES Surveillance Project (ESP). The ESP was Integrating Public Health Information designed to demonstrate the efficiency and Surveillance Systems, NEDSS Centers for Disease Control and and effectiveness of the computer includes data standards, an internet Prevention transmission of surveillance data based communications infrastructure between CDC and the state health [60-Day–10–0728] built on industry standards. It also departments. Each state health includes policy-level agreements on Proposed Data Collections Submitted department used its existing data access, sharing, burden reduction, for Public Comment and computerized disease surveillance and protection of confidentiality. To Recommendations system to transmit specific data support NEDSS, CDC is supporting the concerning each case of a notifiable development of an information system, In compliance with the requirement disease. CDC technicians developed the NEDSS Base System (NBS), which of Section 3506(c)(2)(A) of the computer software to automate the will use NEDSS technical and Paperwork Reduction Act of 1995 for transfer of data from the state to CDC. information standards, (http:// opportunity for public comment on In June 1985, CSTE passed a www.cdc.gov/od/hissb/doc/ proposed data collection projects, the resolution supporting ESP as a workable NEDSSBaseSysDescriptioin.pdf). CDC Centers for Disease Control and system for electronic transmission of will receive reports from the 57 Prevention (CDC) will publish periodic notifiable disease case reports from the respondents (50 state, 2 cities, and 5 summaries of proposed projects. To states/territories to CDC. As the program territorial health departments) using the request more information on the was extended beyond the original group NEDSS (NETSS replacement) umbrella proposed projects or to obtain a copy of of states, EPO began to provide software, of systems, that includes the National the data collection plans and training and technical support to state Electronic Telecommunications System instruments, call 404–639–5960 and health department staff overseeing the for Surveillance (NETSS). send comments to Maryam I. Daneshvar, transition from hard-copy to fully CDC Reports Clearance Officer, 1600 automated transmission of surveillance There are no costs to the respondents Clifton Road, MS–D74, Atlanta, GA data. other than their time to participate in 30333 or send an e-mail to By 1989, all 50 states were using this the survey. [email protected]. computerized disease surveillance The table below outlines the Comments are invited on: (a) Whether system, which was then renamed the annualized burden which consists of the proposed collection of information National Electronic two components. The first component is is necessary for the proper performance Telecommunications System for ‘‘weekly reporting’’ (52 weeks annually). of the functions of the agency, including Surveillance (NETSS) to reflect its The second component is an end of year whether the information shall have national scope. Core surveillance data report titled ‘‘annual reporting’’. The two practical utility; (b) the accuracy of the are transmitted to CDC by the states and components collectively represent the agency’s estimate of the burden of the territories through NETSS. NETSS has a estimated annualized hours for the proposed collection of information; (c) standard record format for data submitting jurisdictions.

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ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Total burden Respondents respondents responses per response (in hours) respondent (in hours)

Weekly Reporting

States ...... 50 52 3 7,800 Territories ...... 5 52 1.5 390 Cities ...... 2 52 3 312

Annual Reporting

States ...... 50 1 16 800 Territories ...... 5 1 12 60 Cities ...... 2 1 16 32

Total ...... 9,394

Dated: July 20, 2010. of Familias Unidas, a family-based Unidas. Findings from this study will Maryam I. Daneshvar, intervention designed to prevent drug strengthen CDC’s HIV/AIDS behavioral Reports Clearance Officer, Centers for Disease use and unsafe sex among Hispanic intervention portfolio by creation of an Control and Prevention. adolescents. Compared to non-Hispanic effective behavioral intervention [FR Doc. 2010–18397 Filed 7–26–10; 8:45 am] whites, Hispanic adolescents are highly designed specifically for Hispanic BILLING CODE 4163–18–P vulnerable to acquiring HIV. Hispanic adolescents which it currently lacks. adolescents between the ages of 13 and 19 are five times more likely to be Approximately 400 dyads of Hispanic DEPARTMENT OF HEALTH AND infected with HIV than are same-aged adolescents and their primary caregivers HUMAN SERVICES non-Hispanic whites (CDC–P, 2006). (a total of 800 people), recruited through Hispanic adolescents report higher rates two high schools in Miami-Dade Centers for Disease Control and of unprotected sex at last intercourse County, will be screened for study Prevention than both non-Hispanic whites and eligibility in a short interview lasting approximately three minutes. Based on [30-Day–0920–09AU] African Americans. Compared to non- Hispanic whites and to African the investigators’ prior research, Agency Forms Undergoing Paperwork Americans, Hispanic 8th and 10th approximately 240 dyads of Hispanic Reduction Act Review graders report the highest lifetime, adolescents and their primary caregivers annual, and 30-day prevalence rates of (a total of 480 people) will be deemed The Centers for Disease Control and alcohol, cigarette, and licit or illicit drug eligible for the study. Each of the Prevention (CDC) publishes a list of use. Drug use and unsafe sexual eligible dyads will be placed into one of information collection requests under behavior are risks for acquiring HIV. two groups: (1) The streamlined 5- review by the Office of Management and session intervention and (2) a control Budget (OMB) in compliance with the Despite the urgent public health need group which receives standard HIV/ Paperwork Reduction Act (44 U.S.C. to stop the progress of the HIV epidemic Chapter 35). To request a copy of these and to reduce health disparities in HIV AIDS prevention information from the requests, call the CDC Reports Clearance infection, especially with regard to high schools. Adolescents and Officer at (404) 639–5960 or send an e- Hispanics, the largest and fastest caregivers from both groups will mail to [email protected]. Send written growing minority group in the nation, respond to computerized questionnaires comments to CDC Desk Officer, Office of Familias Unidas is the only published (ACASI) containing questions about Management and Budget, Washington, intervention found to be efficacious in family functioning, HIV/AIDS risk DC or by fax to (202) 395–5806. Written preventing both drug use and unsafe behaviors and substance abuse, etc. comments should be received within 30 sexual behavior. Familias Unidas has Adolescents will spend approximately days of this notice. demonstrated efficacy in an intensive, 9 60 minutes completing the to 12 month version in two previous questionnaires, while their primary Proposed Project studies in preventing drug use and caregivers will complete the Preventing HIV Risk Behaviors among unsafe sexual behavior relative to two questionnaires in approximately 45 Hispanic Adolescents—New—National attention control conditions. Labor- minutes. They will complete these intensive interventions are difficult to Center for HIV/AIDS, Viral Hepatitis, questionnaires twice annually during disseminate to the larger community. STD, and TB Prevention (NCHHSTP), the two-year period. There is no cost to Consequently, there is an urgent need to Centers for Disease Control and the respondents other than their time. Prevention (CDC). develop and test a streamlined version that can be more easily disseminated to The average annual burden is estimated Background and Brief Description the population. Therefore, the specific to be 940 hours. This project involves the development aim of the proposed study is to evaluate Estimate of Annualized Burden Hours and evaluation of a streamlined version a streamlined version of Familias

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Average Number of Number of burden per Respondents Form name respondents responses per respondent respondent (in hours)

Hispanic Adolescents Primary Caregivers ..... Recruitment Phone Script ...... 400 1 9/60 Hispanic Adolescents and Primary Caregivers Caregiver and Adolescent Screening Form ... 800 1 3/60 Primary Caregivers of Hispanic Adolescents Parent Assessment Battery ...... 240 2 45/60 Hispanic Adolescents ...... Adolescent Assessment Battery ...... 240 2 1

Dated: July 20, 2010. 0457 exp. 5/30/2010) — Reinstatement up for contacts of tuberculosis, and Maryam I. Daneshvar, with change —National Center for HIV/ Aggregate report of screening and Reports Clearance Officer, Centers for Disease AIDS, Viral Hepatitis, STD, and TB preventive therapy for tuberculosis Control and Prevention. Prevention (NCHHSTP), Centers for infection (OMB No. 0920–0457). The [FR Doc. 2010–18274 Filed 7–26–10; 8:45 am] Disease Control and Prevention (CDC). respondents for these reports are the 68 BILLING CODE P Background and Brief Description State and local tuberculosis control programs receiving Federal cooperative CDC, NCHHSTP, Division of agreement funding through DTBE. DEPARTMENT OF HEALTH AND Tuberculosis Elimination (DTBE) These reports emphasize treatment HUMAN SERVICES proposes to reinstate with change the outcomes, high-priority target Aggregate Reports for Tuberculosis populations vulnerable to tuberculosis, Centers for Disease Control and Program Evaluation, previously Prevention and programmed electronic report entry, approved under OMB No. 0920–0457. which will be transitioned to the This request is for a 3-year clearance. [30Day-10–0457] National Tuberculosis Indicators Project There are no revisions to the report (NTIP), a secure Web-based system for Agency Forms Undergoing Paperwork forms, data definitions, or reporting program evaluation data, in 2010. No Reduction Act Review instructions. Changes within this other Federal agency collects this type The Centers for Disease Control and information collection request (ICR) reflect an increase in the annual cost to of national tuberculosis data, and the Prevention (CDC) publishes a list of Aggregate report of follow-up for information collection requests under the government. The increased cost is due to increases in salaries of personnel contacts of tuberculosis, and Aggregate review by the Office of Management and report of screening and preventive Budget (OMB) in compliance with the conducting data collection and analysis since the last ICR approval. therapy for tuberculosis infection are Paperwork Reduction Act (44 U.S.C. the only data source about latent Chapter 35). To request a copy of these DTBE is the lead agency for tuberculosis elimination in the United tuberculosis infection for monitoring requests, call the CDC Reports Clearance national progress toward tuberculosis Officer at (404) 639–5960 or send an e- States. To ensure the elimination of elimination with these activities. CDC mail to [email protected]. Send written tuberculosis in the United States, CDC provides ongoing assistance in the comments to CDC Desk Officer, Office of monitors indicators for key program Management and Budget, Washington, activities, such as finding tuberculosis preparation and utilization of these DC 20503 or by fax to (202) 395–5806. infections in recent contacts of cases reports at the local and State levels of Written comments should be received and in other persons likely to be public health jurisdiction. CDC also within 30 days of this notice. infected and providing therapy for provides respondents with technical latent tuberculosis infection. In 2000, support for NTIP access (Electronic— Proposed Project CDC implemented two program 100%, Use of Electronic Signatures— Aggregate Reports for Tuberculosis evaluation reports for annual No). The annual burden to respondents Program Evaluation (OMB No. 0920– submission: Aggregate report of follow- is estimated to be 226 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondent Form name respondents responses response per respondent (in hours)

Data clerks...... Follow-up and Treatment of Contacts to Tuber- 50 1 (electronic) ...... 30/60 culosis Cases. 18 1 (manual) ...... 3 Program Managers...... Follow-up and Treatment of Contacts to Tuber- 50 1 (electronic) ...... 30/60 culosis Cases. 18 1 (manual) ...... 30/60 Data clerks ...... Targeted Testing and Treatment for Latent Tuber- 50 1 (electronic) ...... 30/60 culosis Infection. 18 1 (manual) ...... 3 Program Managers ...... Targeted Testing and Treatment for Latent Tuber- 50 1 (electronic) ...... 30/60 culosis Infection. 18 1 (manual) ...... 30/60

Total ...... 226

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Dated: July 20, 2010. Centers for Disease Control and efficacy in reducing HIV risk behaviors. Maryam I. Daneshvar, Prevention (CDC). Findings from this research will also contribute knowledge on how to design Reports Clearance Officer, Centers for Disease Background and Brief Description Control and Prevention. culturally appropriate interventions for [FR Doc. 2010–18290 Filed 7–26–10; 8:45 am] African Americans continue to be this target population. BILLING CODE 4163–18–P disproportionately affected by HIV/ The intervention evaluations are a AIDS. Although they account for pre-post test design (i.e. baseline approximately 13 percent of the U.S. assessment and 3-month follow-up DEPARTMENT OF HEALTH AND population, surveillance data indicate assessment) with three convenience HUMAN SERVICES that in 2007, African Americans samples of African American accounted for the majority (51 percent) heterosexual men, ages 18 to 45 living Centers for Disease Control and of HIV/AIDS diagnoses in 34 states in New York and North Carolina. Prevention (CDC, 2009). When compared to other Three sites will participate in this [30Day-10–10CM] racial and ethnic groups, rates of project. Each site will use a screener heterosexually transmitted HIV are form to determine participant eligibility Agency Forms Undergoing Paperwork substantially higher among African for inclusion in the study. Additionally, Reduction Act Review Americans. each site will use a locator form to The Centers for Disease Control and Presently, there is insufficient collect contact information from Prevention (CDC) publishes a list of knowledge regarding African American participants so that staff can follow up information collection requests under heterosexual men’s sexual risk to schedule future appointments. A review by the Office of Management and behaviors and the context in which they baseline and three-month follow-up Budget (OMB) in compliance with the occur. Increasing the number of assessment will also be administered to Paperwork Reduction Act (44 U.S.C. evidence-based prevention participants enrolled at each site. The Chapter 35). To request a copy of these interventions is a necessary requisite to baseline and follow-up assessments will requests, call the CDC Reports Clearance decreasing HIV/AIDS among this target contain questions about the Officer at (404) 639–5960 or send an population. Thorough examinations of participants’ socio-demographic e-mail to [email protected]. Send written sexual risk behaviors and the context in background, sexual health, substance comments to CDC Desk Officer, Office of which they occur is essential for use, history of incarceration, HIV testing Management and Budget, Washington, developing effective HIV/AIDS history, self-efficacy, perceptions of sex DC 20503 or by fax to (202) 395–5806. prevention interventions and for roles, HIV communication, access to Written comments should be received informing policies and programs that healthcare, and intervention within 30 days of this notice. will more effectively protect African acceptability and feasibility. The pilot American men and their partners from intervention evaluation will be Proposed Project infection. conducted with 50 to 80 African HIV/AIDS Risk Reduction This research is being conducted by American heterosexual men at each site. Interventions for African American three sites to pilot test three unique HIV There is no cost to respondents other Heterosexual Men—New—National risk reduction interventions for than their time. The total estimated Center for HIV/AIDS, Viral Hepatitis, feasibility, acceptability, and to provide burden hours are 335. STD, and TB Prevention (NCHHSTP), preliminary evidence of intervention Estimated Annualized Burden Hours:

Average bur- Number of re- Number of re- den per re- Type of respondent Form name spondents sponses per sponse respondent (in hours)

Potential Participants—Site A ...... Screener ...... 200 1 10/60 Locator Form ...... 80 1 5/60 Enrolled Participants—Site A ...... Baseline Assessment ...... 80 1 20/60 Follow-up Assessment ...... 80 1 20/60 Potential Participants—Site B ...... Screener ...... 214 1 10/60 Enrolled Participants—Site B ...... Locator Form ...... 80 1 5/60 Baseline Assessment ...... 80 1 45/60 Follow-up Assessment ...... 80 1 45/60 Potential Participants—Site C ...... Screener ...... 200 1 5/60 Enrolled Participants—Site C ...... Locator (Keep in Touch) Form ...... 80 1 5/60 Baseline Assessment ...... 80 1 20/60 Follow-up Assessment ...... 80 1 20/60

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Dated: July 20, 2010. Proposed Project and 3-month follow-up). Participants in Maryam I. Daneshvar, Exploring HIV Prevention both phases will be offered rapid HIV Reports Clearance Officer, Communication Among Black Men Who testing, and declining an HIV test will Centers for Disease Control and Prevention. Have Sex With Men in New York City: not negatively impact their study [FR Doc. 2010–18288 Filed 7–26–10; 8:45 am] Project BROTHA—New. National Center participation. The research questions BILLING CODE 4163–18–P for HIV/AIDS, Viral Hepatitis, STD, and being explored are relevant for TB Prevention (NCHHSTP), Centers for understanding how interpersonal Disease Control and Prevention (CDC). communication with members of one’s DEPARTMENT OF HEALTH AND social networks are related to risk for HUMAN SERVICES Background and Brief Description contracting HIV infection and attitudes CDC is requesting OMB approval to towards HIV testing. Centers for Disease Control and administer a survey, conduct interviews This study will provide important Prevention and offer HIV rapid testing in black men epidemiologic information useful for the who have sex with men (BMSM) and development of HIV prevention [30Day–10–09BC] other men who have sex with men interventions for BMSM. Men will (MSM) in New York City. The purpose complete a 5-minute eligibility Agency Forms Undergoing Paperwork of the proposed study is to assess how screening interview. The baseline Reduction Act Review interpersonal communication within computer-based survey will take 45 BMSM social networks may be related minutes. The qualitative interview will The Centers for Disease Control and to risk for HIV infection and attitudes take approximately 75 minutes. The Prevention (CDC) publishes a list of towards HIV testing. number of respondents who will accept information collection requests under After screening for eligibility, a total HIV testing is estimated to be 200 review by the Office of Management and of 300 BMSM and other MSM in their (accounting for those who did not test Budget (OMB) in compliance with the social networks will be enrolled in 2 at baseline and those who do not Paperwork Reduction Act (44 U.S.C. phases: (1) 350 BMSM will be recruited consent to test at follow-up). HIV Chapter 35). To request a copy of these and screened to find 100 eligible BMSM counseling and rapid testing will take requests, call the CDC Reports Clearance participants, and (2) the 100 first phase 45 minutes. The 3-month follow-up Officer at (404) 639–5960 or send an e- participants will then recruit 200 other survey will take approximately 30 mail to [email protected]. Send written MSM within their social networks to minutes; the follow-up qualitative comments to CDC Desk Officer, Office of participate in the second phase. interview will take approximately 45 Management and Budget, Washington, Quantitative surveys will be minutes. There is no cost to the DC or by fax to (202) 395–5806. Written administered by computers and respondents other than their time. The comments should be received within 30 personal interviews will be conducted estimated annualized burden hours are days of this notice. to collect qualitative data (at baseline 1338.

ESTIMATE OF ANNUALIZED BURDEN HOURS

Number of Burden per Respondents Types of data collection Number of responses per response respondents respondent (in hours)

BMSM/MSM volunteers ...... Screening ...... 750 1 5/60 A–CASI Baseline ...... 300 1 45/60 Interview Baseline ...... 300 1 1.25 HIV Testing & Counseling Baseline ...... 200 1 45/60 A–CASI 3 month Follow-up ...... 300 1 30/60 Interview 3 month Follow-up ...... 300 1 45/60 HIV Testing & Counseling 3 month Follow-up ...... 200 1 45/60

Dated: July 21, 2010. OMB No.: 0992–0005. (2) A requirements analysis and Maryam I. Daneshvar Description: The Advance Planning feasibility study; Reports Clearance Officer, Centers for Disease Document (APD) process, established in (3) A cost benefit analysis; Control and Prevention. the rules at 45 CFR Part 95, Subpart F, (4) A proposed activity schedule; and, [FR Doc. 2010–18396 Filed 7–26–10; 8:45 am] is the procedure by which States request BILLING CODE 4163–18–P and obtain approval for Federal (5) A proposed budget. financial participation in their cost of HHS’ determination of a State Agency’s need to acquire requested ADP DEPARTMENT OF HEALTH AND acquiring Automatic Data Processing equipment or services is authorized at HUMAN SERVICES (ADP) equipment and services. State agencies that submit APD requests sections 402(a)(5), 452(a)(1), 1902(a)(4) Administration for Children and provide the Department of Health and and 1102 of the Social Security Act. Families Human Services (HHS) with the Respondents: States. following information necessary to Submission for OMB Review; determine the States’ needs to acquire Comment Request the requested ADP equipment and/or Title: ADP & Services Conditions for services: FFP for ACF. (1) A statement of need;

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ANNUAL BURDEN ESTIMATES

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

RFP and Contract ...... 50 1.54 1.50 115.50 Emergency Funding Request ...... 27 1 1 27 Service Agreements ...... 14 1 1 14 Biennial Reports ...... 50 1 1.50 75 Advance Planning Document ...... 50 1.84 60 5,520 Estimated Total Annual Burden Hours: ...... 5,751.50

Additional Information SUMMARY: The Food and Drug requirement, FDA is publishing notice Copies of the proposed collection may Administration (FDA) is announcing an of the proposed collection of be obtained by writing to the opportunity for public comment on the information set forth in this document. Administration for Children and proposed collection of certain With respect to the following Families, Office of Administration, information by the agency. Under the collection of information, FDA invites Office of Information Services, 370 Paperwork Reduction Act of 1995 (the comments on these topics: (1) Whether L’Enfant Promenade, SW., Washington, PRA), Federal agencies are required to the proposed collection of information DC 20447, Attn: ACF Reports Clearance publish notice in the Federal Register is necessary for the proper performance Officer. All requests should be concerning each proposed collection of of FDA’s functions, including whether identified by the title of the information information and to allow 60 days for the information will have practical collection. E-mail address: public comment in response to the utility; (2) the accuracy of FDA’s [email protected]. notice. This notice solicits comments on estimate of the burden of the proposed the sample collection plan for dogs collection of information, including the OMB Comment treated with the drug SLENTROL. validity of the methodology and OMB is required to make a decision DATES: Submit either electronic or assumptions used; (3) ways to enhance concerning the collection of information written comments on the collection of the quality, utility, and clarity of the between 30 and 60 days after information by September 27, 2010. information to be collected; and (4) publication of this document in the ADDRESSES: Submit electronic ways to minimize the burden of the Federal Register. Therefore, a comment comments on the collection of collection of information on is best assured of having its full effect information to http:// respondents, including through the use if OMB receives it within 30 days of www.regulations.gov. Submit written of automated collection techniques, publication. Written comments and comments on the collection of when appropriate, and other forms of recommendations for the proposed information to the Division of Dockets information technology. information collection should be sent Management (HFA–305), Food and Drug Sample Collection Plan for Dogs directly to the following: Administration, 5630 Fishers Lane, rm. Treated With SLENTROL—21 CFR Office of Management and Budget, 1061, Rockville, MD 20852. All 514.80 (OMB Control Number 0910– Paperwork Reduction Project, Fax: comments should be identified with the NEW) 202–395–7285, E-mail: docket number found in brackets in the [email protected]. heading of this document. FDA’s Center for Veterinary Medicine (CVM) is planning a pharmacogenomic Attn: Desk Officer for the FOR FURTHER INFORMATION CONTACT: study to examine whether adverse drug Administration for Children and Denver Presley Jr., Office of Information Families. events (ADEs) experienced with Management, Food and Drug SLENTROL, an anti-obesity drug Dated: July 22, 2010. Administration, 1350 Piccard Dr., PI50– approved for dogs, are associated with Robert Sargis, 400B, Rockville, MD 20850, 301–396– genetic variations in the dogs treated. Reports Clearance Officer. 3793. Pharmacogenomics involves the use of [FR Doc. 2010–18343 Filed 7–26–10; 8:45 am] SUPPLEMENTARY INFORMATION: Under the genome-wide analyses to identify genes BILLING CODE 4184–01–P PRA (44 U.S.C. 3501–3520), Federal with altered expression or activation as agencies must obtain approval from the a result exposure to a drug. Preliminary Office of Management and Budget analysis by CVM has indicated potential DEPARTMENT OF HEALTH AND (OMB) for each collection of correlations between dog breeds and HUMAN SERVICES information they conduct or sponsor. some ADEs. The study would collect a ‘‘Collection of information’’ is defined in blood sample and buccal swab from Food and Drug Administration 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) animals that have been treated with and includes agency requests or SLENTROL and experienced specific [Docket No. FDA–2010–N–0358] requirements that members of the public ADEs (i.e., reactors), and animals that submit reports, keep records, or provide have been treated with SLENTROL and Agency Information Collection information to a third party. Section that have not experienced ADEs (i.e., Activities; Proposed Collection; 3506(c)(2)(A) of the PRA (44 U.S.C. controls). The samples would be Comment Request; Sample Collection 3506(c)(2)(A)) requires Federal agencies analyzed by FDA using microarray Plan for Dogs Treated With SLENTROL to provide a 60-day notice in the analysis and single nucleotide AGENCY: Food and Drug Administration, Federal Register concerning each polymorphism analysis to determine HHS. proposed collection of information possible genetic variations associated before submitting the collection to OMB with the ADEs reported. If this project ACTION: Notice. for approval. To comply with this identifies definite genotype mutations

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associated with drug response, CVM to ask them if they are willing to information about the treated dog would potentially have a scientific basis participate in the study. If the (breed, age, gender and neuter status, for modifying recommendations with veterinarians are willing to participate, type of food), and information about regard to SLENTROL use. and the owners of the animals consent, past SLENTROL use and adverse events To conduct the study, FDA would FDA would provide the veterinarians experienced. FDA anticipates that seek the voluntary participation of with a package that includes participating veterinarians will take the veterinarians in the private sector. FDA instructions and materials for taking a samples during routine office visits from would contact veterinarians who have blood sample and buccal swab from the pet owners for their pets, and that pet reported adverse events with animal, a postage paid envelope to owners will not make a special trip to SLENTROL to FDA using a Form FDA return the samples, and a brief ‘‘Sample the veterinarian for the purpose of 1932a, or veterinarians who have posted Collection’’ form to be filled out by the participation in the study. FDA’s goal is adverse experiences with SLENTROL on veterinarian. The ‘‘Sample Collection’’ to obtain at about 100 samples. Internet Web sites or other public form collects information that includes FDA estimates the burden of this forums with their contact information, the date and type of sample taken, collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 U.S.C. 512/ Form FDA Respondents per Response Responses Response Total Hours

3754 100 1 100 0.5 50 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Annual Frequency per Total Annual Hours per 21 U.S.C. 512/ Form No. Record-keepers per Record-keeping Records Record Total Hours

3754 100 1 100 0.5 50 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA’s estimates that it will take a Dated: July 21, 2010. proposed Pet Event Tracking Network veterinarian approximately 30 minutes Leslie Kux, (PETNet) cooperative Federal and State to obtain the owner’s consent, take the Acting Assistant Commissioner for Policy. initiative. blood and buccal samples, and fill out [FR Doc. 2010–18304 Filed 7–26–10; 8:45 am] DATES: Submit either electronic or the ‘‘Sample Collection’’ form. This BILLING CODE 4160–01–S written comments on the collection of includes the time necessary for a information by September 27, 2010. veterinarian to read instructions for ADDRESSES: Submit electronic taking samples, to search the animal’s DEPARTMENT OF HEALTH AND comments on the collection of medical records to obtain information HUMAN SERVICES information to http:// necessary to complete the form, such as www.regulations.gov. Submit written Food and Drug Administration the adverse events that occurred after comments on the collection of initiating SLENTROL treatment, and to [Docket No. 2010–N–0368] information to the Division of Dockets mail the samples and form to FDA. As Management (HFA–305), Food and Drug noted previously, FDA anticipates that Agency Information Collection Administration, 5630 Fishers Lane, rm. participating veterinarians will obtain Activities; Proposed Collection; 1061, Rockville, MD 20852. All the samples during routine office visits Comment Request; Pet Event Tracking comments should be identified with the from the pet owner for their pet, and Network—State, Federal Cooperation docket number found in brackets in the therefore no reporting burden is to Prevent Spread of Pet Food Related heading of this document. Diseases contained in this collection of FOR FURTHER INFORMATION CONTACT: information with respect to the owners AGENCY: Food and Drug Administration, Denver Presley, Office of Information of the animals involved in the study. HHS. Management, Food and Drug Administration, 1350 Piccard Dr., PI50– Regarding recordkeeping, it is the ACTION: Notice. 400B, Rockville, MD 20850, 301–796– customary and usual practice of 3793, [email protected]. veterinarians to keep medical records SUMMARY: The Food and Drug SUPPLEMENTARY INFORMATION: for their patients, and the agency Administration (FDA) is announcing an Under the opportunity for public comment on the PRA (44 U.S.C. 3501–3520), Federal believes that the proposed collection of proposed collection of certain agencies must obtain approval from the information would not contain any information by the agency. Under the Office of Management and Budget additional recordkeeping burdens. Paperwork Reduction Act of 1995 (the (OMB) for each collection of However, FDA has estimated that an PRA), Federal agencies are required to information they conduct or sponsor. additional 30 minutes of recordkeeping publish notice in the Federal Register ‘‘Collection of information’’ is defined in will be necessary to maintain records concerning each proposed collection of 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) necessary to participate in the study. information and to allow 60 days for and includes agency requests or public comment in response to the requirements that members of the public notice. This notice solicits comments on submit reports, keep records, or provide the paperwork requirements for the information to a third party. Section

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3506(c)(2)(A) of the PRA (44 U.S.C. outbreak that occurred in companion Federal Government agencies charged 3506(c)(2)(A)) requires Federal agencies animals that was associated with the with protecting animal and public to provide a 60-day notice in the deliberate adulteration of pet food health. FDA intends to identify and Federal Register concerning each components, such as wheat gluten, with invite State participants from all 50 proposed collection of information melamine. As envisioned by the States to participate in PETNet. before submitting the collection to OMB subgroup at that time, PETNet would Members of the network will be able to for approval. To comply with this include a system for reporting outbreaks both receive alerts about pet food requirement, FDA is publishing notice and would be supported by adequate incidents, as well as create alerts when of the proposed collection of diagnostic laboratory facilities and an they are aware of a pet food incident information set forth in this document. established mechanism for conducting within their jurisdiction. The With respect to the following national epidemiological investigations. information will be used to help State collection of information, FDA invites The PETNet subgroup subsequently and Federal regulators determine how comments on these topics: (1) Whether met twice in face-to-face meetings, in best to use inspectional and other the proposed collection of information May and November, 2009, during which resources to either prevent or quickly is necessary for the proper performance time the proposed scope of PETNet was limit the adverse events caused by of FDA’s functions, including whether streamlined to focus the program on adulterated pet food. Many states have the information will have practical information sharing, rather than regulatory authority beyond that of the utility; (2) the accuracy of FDA’s epidemiology or other aspects. One of FDA and often can be in a position to estimate of the burden of the proposed the main concerns of FDA’s State act independently of FDA with the collection of information, including the regulatory partners regarding FDA’s information they will receive from the validity of the methodology and handling of the melamine incident was Pet Event Tracking Network. assumptions used; (3) ways to enhance that many States provided information Use of the system, including the the quality, utility, and clarity of the to FDA, but the information reported by reporting of incidents by States to the information to be collected; and (4) the States to FDA and other information FDA, will be entirely voluntary. The ways to minimize the burden of the in the possession of FDA was not shared PETNet system will be housed in Food collection of information on by FDA with the States. States believed Shield, a proprietary software system, respondents, including through the use that if they had received more and will be accessible only to members of automated collection techniques, information about what was going on in via password. The system will make use when appropriate, and other forms of a timely manner, they could perhaps of a standardized electronic form information technology. have taken appropriate action to housed on FoodShield to collect and safeguard animal and the public health Pet Event Tracking Network—State, distribute basic information about pet by using their own regulatory Federal Cooperation to Prevent Spread food-related incidents. The form authorities and resources. The agency of Pet Food Related Diseases—21 U.S.C. contains the following data elements, agreed with the States, and thus decided 342 and 343, Section 1002(b) of the FDA almost all of which are drop down to focus PETNet on being a system for Amendments Act of 2007. Stat. 823 menu choices: The species involved, sharing information between FDA, other (2007) (OMB Control No. 0910–NEW) clinical signs, number of animals Federal agencies, and the States about exposed, number of animals affected, In August, 2008, FDA sponsored the food-borne illness outbreaks in animal ages, date of onset, name and ‘‘Gateway to Food Protection’’ meeting, companion animals. By the end of the type of pet food involved, the also known as the ‘‘50–State’’ meeting. November, 2009, meeting, this revised manufacturer and distributor of the pet The meeting included representatives vision of PETNet was firmly established food (if known), the State where the from other Federal agencies, the States, with many of the details about the incident occurred, the origin of the localities, territories, and tribal partners, system in place. and was held to address the challenges FDA is planning to implement an information, whether there are necessary to ensure the safety of the initiative called ‘‘The Pet Event Tracking supporting laboratory results, and U.S. food supply. Work groups were Network’’ (PETNet) that will allow FDA contact information for the reporting formed during the meeting which met and its State partners to quickly and PETNet member (i.e. name, telephone and produced recommendations in effectively exchange information about number). The form would be filled out specific topic areas. One of the outbreaks of illness in companion and submitted by a PETNet member on workgroups, the Outbreaks/Food-Borne animals associated with pet food. FDA FoodShield, at which time it will be and Feed-Borne Investigations has worked closely with its Federal and available to other PETNet members. Workgroup, created a subgroup State partners to develop the PETNet, Thus, the information will be entered consisting of veterinarians, animal feed and believes that it will serve an and received by PETNet members in as regulators, and others involved with important function in protecting the close to real time as possible. FDA has animal health issues. This subgroup public and animal health. designed the form itself to contain only developed an ambitious proposal for an PETNet will be a secure, internet- the essential information necessary to early warning system to identify, track based network comprised of the FDA, alert PETNet members about pet food- and report disease outbreaks in other Federal agencies, and State related incidents. For further companion animals or contamination regulatory agencies/officials that have information, such as laboratory results, incidents concerning pet food or authority over pet food. The Network PETNet members can contact the animals feed, which they named will provide timely and relevant reporting PETNet member. PETNet. The PETNet proposal was information about pet food-related FDA estimates the burden of this developed in response to the 2007 incidents to FDA, the States, and other collection of information as follows:

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TABLE 1.—ESTIMATED REPORTING BURDEN

21 U.S.C. Section 342 & 343/Sec- tion 1002(b) 2007 Amendments / No. of Annual Frequency Total Annual Hours per Total Hours Form FDA Respondents per Response Responses Response

Form FDA 3756 50 10 500 20/60 167 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA estimates that each State will development. Foreign patent Potential Advantages report (i.e., fill out the PETNet form to applications are filed on selected • Enhanced cytotoxicity profile. alert other PETNet members about a pet inventions to extend market coverage • Enhanced hydrophilicity profile. food-related incident) approximately 10 for companies and may also be available • Complements statin-based times per year. This estimate represents for licensing. therapies. the maximum number of reports that • ADDRESSES: Licensing information and Oral delivery approaches in FDA expects a State to submit in a year, copies of the U.S. patent applications development. Development Status: Early stage with and in many cases the number of reports listed below may be obtained by writing in vitro proof of concept data. submitted by a State will probably be far to the indicated licensing contact at the Market: The CDC indicates that heart less. FDA believes that, given the form Office of Technology Transfer, National attacks account for 26% of deaths in the only has 11 items and most are drop Institutes of Health, 6011 Executive United States of which atherosclerosis is down fields, 20 minutes is a sufficient Boulevard, Suite 325, Rockville, a significant contributing factor or amount of time to complete the form. Maryland 20852–3804; telephone: 301/ cause. Global sales for cardiovascular State regulatory officials responsible for 496–7057; fax: 301/402–0220. A signed therapeutics are expected to exceed pet food already possess computer Confidential Disclosure Agreement will systems and have the internet access $50b in 2010. be required to receive copies of the Inventors: Amar A. Sethi (NHLBI) et necessary to participate in PETNet, and patent applications. thus there are no capital expenditures al. associated with the reporting. Therapeutics for the Treatment and Patent Status: U.S. Provisional Regarding recordkeeping, State Prevention of Atherosclerosis and Application No. 61/265,291 filed 30 regulatory officials who report on Cardiovascular Disease Nov 2009 (HHS Reference No. E–047– PETNet receive the reportable 2009/0–US–01). information from consumers in their Description of Invention: This Licensing Status: Available for States in the course of their customary technology consists of peptides and licensing. and regular duties. Further, these peptide-analogues that enhance Licensing Contact: Fatima Sayyid. individuals already maintain records of clearance of excess cholesterol in cells M.H.P.M.; 301–435–4521; [email protected]. such consumer complaints in the course and do not exhibit the cytotoxicity that of their duties which are sufficient for has hampered development of similar Use of Immunosuppressive Agents for the purposes of reporting on PETNet. potential therapeutics. Treatment of Age-related Macular Therefore, FDA believes that the Briefly, apolipoprotein A–1 (ApoA–1) Degeneration (AMD) and Diabetic proposed collection of information does promotes cholesterol efflux from cells Retinopathy and its concentration is inversely not have additional recordkeeping Description of Invention: AMD correlated with atherosclerotic events. requirements. belongs to a group of disorders in which The isolated peptidic component of Dated: July 21, 2010. the immune system may play an ApoA–1 that acts within the cholesterol important role. This invention discloses Leslie Kux, secretion pathway is therapeutic that patients with AMD gain additional Acting Assistant Commissioner for Policy. towards atherosclerosis but exhibits therapeutic benefit from combination [FR Doc. 2010–18303 Filed 7–26–10; 8:45 am] cytotoxic effects. In contrast, our treatment of immunosuppressive agents BILLING CODE 4160–01–S inventors have derivatized that ApoA– and standard-of-care in comparison to 1 peptide which is both less cytotoxic standard-of-care alone. This invention and more active than the underivatized slows the progression of choroidal DEPARTMENT OF HEALTH AND component in initial studies. This neovascularization (CNV) and may have HUMAN SERVICES potential therapeutic is similar to high implications for related pathologies, density lipoprotein (HDL) therapy and National Institutes of Health including diabetic retinopathy. Clinical may complement statin-mediated data from a small, randomized pilot reduction of pro-atherogenic Government-Owned Inventions; clinical trial are available. Availability for Licensing lipoproteins. Applications Potential Applications AGENCY: National Institutes of Health, • A method of treatment for AMD. Public Health Service, HHS. • Treatment and prevention of • A method of treatment for diabetic ACTION: Notice. atherosclerosis. retinopathy. • • Treatment and prevention of A method of treatment for diseases SUMMARY: The inventions listed below cardiovascular disease, coronary artery associated with CNV. are owned by an agency of the U.S. disease, heart attack, stroke and Government and are available for Advantages inflammation. licensing in the U.S. in accordance with • Likely to be synergistic with • 35 U.S.C. 207 to achieve expeditious Therapeutic or preventative coating existing therapeutics. commercialization of results of for a heart or vascular implant. • May enable repurposing of some Federally-funded research and • Alternative to HDL therapy. exiting immunosuppressive agents.

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Development Status: In clinical trials. Scientific Review Officer, CDC, 1600 Place: Bethesda Marriott Suites, 6711 Market: An estimated three million Clifton Road, NE., Mailstop E60, Democracy Boulevard, Independence Room individuals in the United States will Atlanta, GA 30333, Telephone: (404) (2nd Level), Bethesda, MD 20817. have an advanced form of AMD by 2020 498–2293. Closed: 1 p.m. to 3 p.m. (Klein R et al. The epidemiology of age- Agenda: To review and evaluate grant The Director, Management Analysis applications and/or proposals. related macular degeneration. Am J and Services Office, has been delegated Place: Bethesda Marriott Suites, 6711 Ophthalmol. 2004;137(3):486–95). the authority to sign Federal Register Democracy Boulevard, Independence Room Inventors: Robert B. Nussenblatt and notices pertaining to announcements of (2nd Level), Bethesda, MD 20817. Frederick L. Ferris (NEI). meetings and other committee Contact Person: Anthony Demsey, PhD, Publication: In preparation. management activities, for both CDC Director, National Institute of Biomedical Patent Status: U.S. Provisional Imaging and Bioengineering, 6707 Application No. 61/254,439 filed 23 Oct and the Agency for Toxic Substances Democracy Boulevard, Room 241, Bethesda, 2009 (HHS Reference No. E–198–2008/ and Disease Registry. MD 20892. 0–US–01). Dated: July 20, 2010. Any interested person may file written comments with the committee by forwarding Licensing Status: Available for Michael J. Lanzilotta, the statement to the Contact Person listed on licensing. Acting Director, Management Analysis and this notice. The statement should include the Licensing Contact: Norbert Pontzer, Services Office, Centers for Disease Control name, address, telephone number and when J.D., PhD; 301–435–5502; and Prevention. applicable, the business or professional [email protected]. [FR Doc. 2010–18401 Filed 7–26–10; 8:45 am] affiliation of the interested person. Collaborative Research Opportunity: BILLING CODE 4163–18–P Information is also available on the The National Eye Institute, Laboratory Institute’s/Center’s home page: http:// of Immunology, is seeking statements of www.nibib1.nih.gov/about/NACBIB/ capability or interest from parties DEPARTMENT OF HEALTH AND NACBIB.htm, where an agenda and any interested in collaborative research to HUMAN SERVICES additional information for the meeting will further develop, evaluate, or be posted when available. commercialize the use of National Institutes of Health Dated: July 21, 2010. immunosuppressive agents in the Jennifer Spaeth, treatment of age related macular National Institute of Biomedical Director, Office of Federal Advisory degeneration. This is in light of new Imaging and Bioengineering; Notice of Committee Policy. findings that immune mechanisms Meeting [FR Doc. 2010–18385 Filed 7–26–10; 8:45 am] appear to be central to the expression of BILLING CODE 4140–01–P the clinical disease we know as AMD. Pursuant to section 10(d) of the Please contact Alan Hubbs, PhD at 301– Federal Advisory Committee Act, as 594–4263 or [email protected] for amended (5 U.S.C. App.), notice is DEPARTMENT OF HEALTH AND more information. hereby given of a meeting of the HUMAN SERVICES National Advisory Council for Dated: July 12, 2010. Biomedical Imaging and Bioengineering. Health Resources and Service Richard U. Rodriguez, The meeting will be open to the Administration Director, Division of Technology Development public as indicated below, with and Transfer, Office of Technology Transfer, Advisory Committee on National Institutes of Health. attendance limited to space available. Individuals who plan to attend and Interdisciplinary, Community-Based [FR Doc. 2010–17446 Filed 7–26–10; 8:45 am] need special assistance, such as sign Linkages; Notice of Meeting BILLING CODE 4140–01–M language interpretation or other In accordance with section 10(a)(2) of reasonable accommodations, should the Federal Advisory Committee Act DEPARTMENT OF HEALTH AND notify the Contact Person listed below (Pub. L. 92–463), notice is hereby given HUMAN SERVICES in advance of the meeting. of the following meeting: The meeting will be closed to the Name: Advisory Committee on Centers for Disease Control and public in accordance with the Interdisciplinary, Community-Based Prevention provisions set forth in sections Linkages (ACICBL). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dates and Times: Disease, Disability, and Injury as amended. The grant applications August 19, 2010, 8:30 a.m. to 5 p.m., EST. Prevention and Control Special and/or contract proposals and the August 20, 2010, 8:30 a.m. to 3 p.m., EST. Emphasis Panel: Patient Protection discussions could disclose confidential Place: Hilton Washington DC/Rockville and Affordable Care Act (PPACA), Hotel & Executive Meeting Ctr, 1750 trade secrets or commercial property Rockville Pike, Rockville, Maryland 20852. Emerging Infections Program (EIP), such as patentable material, and Enhancing Epidemiology and Status: The meeting will be open to the personal information concerning public. Laboratory Capacity, Funding individuals associated with the grant Purpose: The Committee members will Opportunity Announcement CI10–003; applications and/or contract proposals, advance their efforts in the development of Initial Review; Correction the disclosure of which would the Tenth Annual Report to the Secretary of constitute a clearly unwarranted the Department of Health and Human Correction: This notice was published invasion of personal privacy. Services (the Secretary) and the Congress, in the Federal Register on July 7, 2010, focusing on the topic, Preparing the Volume 75, Number 129, page 39033. Name of Committee: National Advisory Interprofessional Workforce to Manage The time and date should read as Council for Biomedical Imaging and Health Behaviors. The Committee proposes follows: Bioengineering, NACBIB September 2010. to review concepts behind the initiation of a Date: September 13, 2010. new degree program in Health Care Delivery Time and Date: 8 a.m.–5 p.m., Open: 9 a.m. to 1 p.m. Science established at Dartmouth University September 8, 2010 (Closed). Agenda: Report from the Institute Director, as it relates to managing health behaviors and CONTACT PERSON FOR MORE INFORMATION: other Institute Staff and presentations of ensuring a workforce that is prepared to Gregory Anderson, M.S., M.P.H., working group reports. address health behaviors in its education and

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treatment programs and practice. Additional individuals associated with the grant and personal information concerning agenda items include a perspective from the applications, the disclosure of which individuals associated with the grant Veterans Health Administration and an would constitute a clearly unwarranted applications, the disclosure of which opportunity to discuss the implications of invasion of personal privacy. would constitute a clearly unwarranted Healthy People 2020. The meeting will afford Committee members with the opportunity to Name of Committee: Center for Scientific invasion of personal privacy. discuss the current healthcare workforce Review Special Emphasis Panel, Member Name of Committee: National Advisory issues in an effort to formulate Conflict: Cancer Therapeutics. Council for Complementary and Alternative recommendations for the Secretary and the Date: August 4, 2010. Medicine. Congress. Time: 2 p.m. to 5 p.m. Date: September 3, 2010. Agenda: The ACICBL agenda includes an Agenda: To review and evaluate grant Closed: September 3, 2010, 8:30 a.m. to overview of the Committee’s general business applications. 10:30 a.m. activities, along with a number of Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant presentations that will include Healthy Rockledge Drive, Bethesda, MD 20892. applications and/or proposals. People 2020, chronic illness management, (Telephone Conference Call) Place: National Institutes of Health, integrating programs to manage health Contact Person: Syed M. Quadri, PhD, Neuroscience Building, 6001 Executive behaviors, and financing issues. Scientific Review Officer, Center for Boulevard, Conference Rooms C & D, Recommendations will be formulated for Scientific Review, National Institutes of Bethesda, MD 20892. inclusion in the Tenth Annual Report of the Health, 6701 Rockledge Drive, Room 6210, Open: September 3, 2010, 11 a.m. to 4 p.m. ACICBL. Agenda items are subject to change MSC 7804, Bethesda, MD 20892, 301–435– Agenda: Opening remarks by the Director as dictated by the priorities of the Committee. 1211, [email protected]. of the National Center for Complementary Supplementary Information: Requests to This notice is being published less than 15 and Alternative Medicine, presentation of a make oral comments or to provide written days prior to the meeting due to the timing new research initiative, and other business of comments to the ACICBL should be sent to limitations imposed by the review and the Council. Dr. Joan Weiss, Designated Federal Official at funding cycle. Place: National Institutes of Health, the contact information below. Individuals (Catalogue of Federal Domestic Assistance Neuroscience Building, 6001 Executive who plan to attend the meeting and need Program Nos. 93.306, Comparative Medicine; Boulevard, Conference Rooms C & D, special assistance should notify Dr. Weiss at 93.333, Clinical Research, 93.306, 93.333, Bethesda, MD 20892. least 10 days prior to the meeting, using the 93.337, 93.393–93.396, 93.837–93.844, Contact Person: Martin H. Goldrosen, PhD, address and phone number below. Members 93.846–93.878, 93.892, 93.893, National Executive Secretary, Director, Division of of the public will have the opportunity to Institutes of Health, HHS) Extramural Activities, National Center for Complementary and Alternative Medicine, provide comments at the meeting. Dated: July 20, 2010. For Further Information Contact: Anyone National Institutes of Health, 6707 requesting information regarding the ACICBL Jennifer Spaeth, Democracy Blvd., Suite 401, Bethesda, MD should contact Dr. Joan Weiss, Designated Director, Office of Federal Advisory 20892, (301) 594–2014. Federal Official with the Bureau of Health Committee Policy. The public comments session is scheduled Professions, Health Resources and Services [FR Doc. 2010–18387 Filed 7–26–10; 8:45 am] from 3:30 to 4 p.m. on September 3, 2010, but could change depending on the actual time Administration, Parklawn Building, Room 9– BILLING CODE 4140–01–P 36, 5600 Fishers Lane, Rockville, Maryland spent on each agenda item. Each speaker will 20857, (301) 443–6950 or [email protected]. In be permitted 5 minutes for their presentation. the absence of Dr. Weiss, CAPT Norma J. Interested individuals and representatives of DEPARTMENT OF HEALTH AND organizations are requested to notify Dr. Hatot, Senior Nurse Consultant, can be HUMAN SERVICES contacted via telephone at (301) 443–2681 or Martin H. Goldrosen, National Center for e-mail at [email protected]. Complementary and Alternative Medicine, National Institutes of Health NIH, 6707 Democracy Boulevard, Suite 401, Dated: July 20, 2010. Bethesda, Maryland 20892, 301–594–2014, Sahira Rafiullah, National Center for Complementary Fax: 301–480–9970. Letters of intent to Director, Division of Policy and Information and Alternative Medicine; Notice of present comments, along with a brief Coordination. Meeting description of the organization represented, [FR Doc. 2010–18258 Filed 7–26–10; 8:45 am] should be received no later than 5 p.m. on Pursuant to section 10(d) of the August 26, 2010. Only one representative of BILLING CODE 4165–15–P Federal Advisory Committee Act, as an organization may present oral comments. amended (5 U.S.C. App), notice is Any person attending the meeting who does hereby given of the National Advisory not request an opportunity to speak in DEPARTMENT OF HEALTH AND Council for Complementary and advance of the meeting may be considered HUMAN SERVICES Alternative Medicine (NACCAM) for oral presentation, if time permits, and at the discretion of the Chairperson. In National Institutes of Health meeting. The meeting will be open to the addition, written comments may be public as indicated below, with submitted to Dr. Martin H. Goldrosen at the Center for Scientific Review; Notice of address listed above up to ten calendar days Closed Meeting attendance limited to space available. (September 13, 2010) following the meeting. Individuals who plan to attend and Copies of the meeting agenda and the Pursuant to section 10(d) of the need special assistance, such as sign roster of members will be furnished upon Federal Advisory Committee Act, as language interpretation or other request by contacting Dr. Martin H. amended (5 U.S.C. App.), notice is reasonable accommodations, should Goldrosen, Executive Secretary, NACCAM, hereby given of the following meeting. notify the Contact Person listed below National Center for Complementary and The meeting will be closed to the in advance of the meeting. Alternative Medicine, National Institutes of public in accordance with the The meeting will be closed to the Health, 6707 Democracy Boulevard, Suite provisions set forth in sections public in accordance with the 401, Bethesda, Maryland 20892, 301–594– 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections 2014, Fax 301–480–9970, or via e-mail at [email protected]. as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., In the interest of security, NIH has the discussions could disclose as amended. The grant applications and instituted stringent procedures for entrance confidential trade secrets or commercial the discussions could disclose into the building by non-government property such as patentable material, confidential trade secrets or commercial employees. Persons without a government and personal information concerning property such as patentable materials, I.D. will need to show a photo I.D. and sign-

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in at the security desk upon entering the DEPARTMENT OF HEALTH AND management activities for both the CDC building. HUMAN SERVICES and ATSDR. (Catalogue of Federal Domestic Assistance Program Nos. 93.701, ARRA Related Centers for Disease Control and Dated: July 21, 2010. Biomedical Research and Research Support Prevention Michael J. Lanzilotta, Awards; 93.213, Research and Training in Acting Director, Management Analysis and Complementary and Alternative Medicine, Advisory Committee on Immunization Services Office, Centers for Disease Control National Institutes of Health, HHS) Practices (ACIP) and Prevention. Dated: July 21, 2010. [FR Doc. 2010–18403 Filed 7–26–10; 8:45 am] Jennifer Spaeth, In accordance with section 10(a)(2) of BILLING CODE 4160–18–P Director, Office of Federal Advisory the Federal Advisory Committee Act Committee Policy. (Pub. L. 92–463), the Centers for Disease Control and Prevention (CDC), [FR Doc. 2010–18386 Filed 7–26–10; 8:45 am] DEPARTMENT OF HOMELAND announces the following meeting of the BILLING CODE 4140–01–P SECURITY aforementioned committee: Time and Date: 10 a.m.–12 p.m., Federal Emergency Management DEPARTMENT OF HEALTH AND August 5, 2010. Agency HUMAN SERVICES Place: The conference call will [Docket ID: FEMA–2010–0026] originate at the National Center for National Institutes of Health Immunization and Respiratory Diseases Agency Information Collection National Institute on Aging; Notice of in Atlanta, Georgia. Please see Activities: Submission for OMB Closed Meeting SUPPLEMENTARY INFORMATION for details Review; Comment Request, OMB No. on accessing the conference call. 1660–0046; FEMA/EMI Independent Pursuant to section 10(d) of the Status: Open to the public, limited Study Course Enrollment and Test Federal Advisory Committee Act, as only by the availability of telephone Answer Sheet amended (5 U.S.C. App.), notice is ports. hereby given of the following meeting. Purpose: The Committee is charged AGENCY: Federal Emergency The meeting will be closed to the with advising the Director, CDC, on the Management Agency, DHS. public in accordance with the appropriate use of immunizing agents. ACTION: Notice; 30-day notice and provisions set forth in sections In addition, under 42 U.S.C. 1396s, the request for comments; revision of a 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee is mandated to establish and currently approved information as amended. The grant applications and periodically review and, as appropriate, collection; OMB No. 1660–0046; FEMA the discussions could disclose revise the list of vaccines for Form 064–0–9 (formerly 95–23), FEMA/ confidential trade secrets or commercial administration to vaccine-eligible EMI Independent Study Course property such as patentable material, children through the Vaccines for Enrollment and Test Answer Sheet and personal information concerning Children (VFC) program, along with (paper and electronic). individuals associated with the grant schedules regarding appropriate dosing applications, the disclosure of which intervals, dose, and contraindications to SUMMARY: The Federal Emergency would constitute a clearly unwarranted use of vaccines. Management Agency (FEMA) will invasion of personal privacy. Matters To Be Discussed: To discuss submit the information collection Name of Committee: National Institute on recommendations for use of CSL abstracted below to the Office of Aging Special Emphasis Panel, Healthy trivalent inactivated influenza vaccine Management and Budget for review and Aging; Search for Mechanisms. (TIV) for use in the United States during clearance in accordance with the Date: August 6, 2010. 2010–2011. requirements of the Paperwork Time: 1 p.m. to 2:30 p.m. Supplementary Information: This Reduction Act of 1995. The submission Agenda: To review and evaluate grant will describe the nature of the applications. conference call is scheduled to begin at 10 a.m., Eastern Daylight Time, United information collection, the categories of Place: National Institute on Aging, respondents, the estimated burden (i.e., Gateway Building, 7201 Wisconsin Avenue, States. To participate in the conference Suite 2C212, Bethesda, MD 20892. call, please dial 1–800–857–9629 and the time, effort and resources used by (Telephone Conference Call) reference passcode 3908107. respondents to respond) and cost, and Contact Person: Ramesh Vemuri, PhD, As provided under 41 CFR 102– the actual data collection instruments Chief, Scientific Review Branch, National 3.150(b), the public health urgency of FEMA will use. Institute on Aging, National Institutes of this agency business requires that the DATES: Comments must be submitted on Health, 7201 Wisconsin Avenue, Suite 2C– or before August 26, 2010. 212, Bethesda, MD 20892, 301–402–7700, meeting be held prior to the first [email protected]. available date for publication of this ADDRESSES: Submit written comments This notice is being published less than 15 notice in the Federal Register. on the proposed information collection days prior to the meeting due to the timing CONTACT PERSON FOR MORE INFORMATION: to the Office of Information and limitations imposed by the review and Leola Mitchell, National Center for Regulatory Affairs, Office of funding cycle. Immunization and Respiratory Diseases, Management and Budget. Comments (Catalogue of Federal Domestic Assistance CDC, 1600 Clifton Road, NE., Mailstop should be addressed to the Desk Officer Program Nos. 93.866, Aging Research, E05, Atlanta, Georgia 30333, telephone for the Department of Homeland National Institutes of Health, HHS) 404/639–8836, fax 404/639–8905, e-mail Security, Federal Emergency Dated: July 21, 2010. [email protected]. Management Agency, and sent via Jennifer Spaeth, The Director, Management Analysis electronic mail to Director, Office of Federal Advisory and Services Office, has been delegated [email protected] or faxed Committee Policy. the authority to sign Federal Register to (202) 395–5806. [FR Doc. 2010–18384 Filed 7–26–10; 8:45 am] notices pertaining to announcements of FOR FURTHER INFORMATION CONTACT: BILLING CODE 4140–01–P meetings and other committee Requests for additional information or

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copies of the information collection DEPARTMENT OF HOMELAND Portal at http://www.regulations.gov, should be made to Director, Records SECURITY and will include any personal Management Division, 1800 South Bell information you provide. Therefore, Street, Arlington, VA 20598–3005, Federal Emergency Management submitting this information makes it facsimile number (202) 646–3347, or e- Agency public. You may wish to read the Privacy Act notice that is available via mail address FEMA-Information- [Docket ID: FEMA–2010–0043] [email protected]. the link in the footer of http:// Agency Information Collection www.regulations.gov. SUPPLEMENTARY INFORMATION: Activities: Proposed Collection; FOR FURTHER INFORMATION CONTACT: Collection of Information Comment Request, OMB No. 1660– Contact Merril Sollenberger, Events and 0029; Approval and Coordination of Visitors Coordinator, FEMA, 301–447– Title: FEMA/EMI Independent Study Requirements To Use the NETC 1179 for additional information. You Course Enrollment and Test Answer Extracurricular for Training Activities may contact the Records Management Sheet. Division for copies of the proposed AGENCY: Federal Emergency collection of information at facsimile Type of Information Collection: Management Agency, DHS. Revision of a currently approved number (202) 646–3347 or e-mail ACTION: Notice; 60-day notice and information collection. address: FEMA-Information-Collections- request for comments; revision of a [email protected]. OMB Number: 1660–0046. currently approved information SUPPLEMENTARY INFORMATION: The collection; OMB No. 1660–0029; FEMA Form Titles and Numbers: FEMA Robert T. Stafford Disaster Relief and Form 119–17–1, Request for Housing Form 064–0–9 (formerly 95–23), FEMA/ Emergency Assistance Act (Stafford Accommodations; FEMA Form 119–17– EMI Independent Study Course Act), 42 U.S.C. 5121–5207, authorizes 2, Request for Use of NETC Facilities. Enrollment and Test Answer Sheet the President to establish a program of (paper and electronic). SUMMARY: The Federal Emergency disaster preparedness that utilizes Abstract: The Independent Study (IS) Management Agency, as part of its services of all appropriate agencies and program offers self-paced courses continuing effort to reduce paperwork includes training and exercises. Section designed for people who have and respondent burden, invites the 611 of the Stafford Act (42 U.S.C. 5196) emergency management responsibilities general public and other Federal directs that the Federal Emergency and the general public. All are offered agencies to take this opportunity to Management Agency (FEMA) may free-of-charge to those who qualify for comment on a proposed revision of a conduct training for the purpose of enrollment. Those who wish to currently approved information emergency preparedness. In response, participate select the course(s) they collection. In accordance with the FEMA established the National Emergency Training Center (NETC), want to take, review the material and Paperwork Reduction Act of 1995, this located in Emmitsburg, Maryland. The then complete an examination covering Notice seeks comments concerning the NETC site has facilities and housing coursework. Successful completion collection of information required to available for those participating in results in a certificate that can be used request training space and/or housing for emergency preparedness training emergency preparedness training and a to obtain continuing learning credit or request for use of these areas must be even college credit. conducted at the Federal Emergency Management Agency’s National made in advance of the need for such. Affected Public: Individuals and Emergency Training Center. Collection of Information households, business or other for-profit, DATES: Comments must be submitted on Title: Approval and Coordination of not for profit institutions, farms, Federal or before September 27, 2010. government, State, local or Tribal Requirements to Use the NETC ADDRESSES: To avoid duplicate government. Extracurricular for Training Activities. submissions to the docket, please use Type of Information Collection: Estimated Number of Respondents: only one of the following means to Revision of a currently approved 1,869,145. submit comments: information collection. Frequency of Response: On Occasion. (1) Online. Submit comments at OMB Number: 1660–0029. http://www.regulations.gov under Estimated Average Hour Burden per Form Titles and Numbers: FEMA Docket ID FEMA–2010–0043. Follow Form 119–17–1, Request for Housing Respondent: 2.1 Hours. the instructions for submitting Accommodations; FEMA Form 119–17– Estimated Total Annual Burden comments. 2, Request for Use of NETC Facilities. Hours: 3,925,204 Hours. (2) Mail. Submit written comments to Abstract: FEMA established the Estimated Cost: There are no annual Office of Chief Counsel, Regulation and National Emergency Training Center capital, start-up, operation or Policy Team, DHS/FEMA, 500 C Street, (NETC), located in Emmitsburg, maintenance costs associated with this SW., Room 835, Washington, DC 20472– Maryland to offer training for the collection. 3100. purpose of emergency preparedness. (3) Facsimile. Submit comments to The NETC site has facilities and housing Dated: July 7, 2010. (703) 483–2999. available for those participating in Tammi Hines, (4) E-mail. Submit comments to emergency preparedness. When training Acting Director, Records Management [email protected]. Include Docket space and/or housing is required for Division, Mission Support Bureau, Federal ID FEMA–2010–0043 in the subject line. those attending the training, a request Emergency Management Agency, Department All submissions received must for use of these areas must be made in of Homeland Security. include the agency name and Docket ID. advance and this collection provides the [FR Doc. 2010–18323 Filed 7–26–10; 8:45 am] Regardless of the method used for mechanism for such requests to be BILLING CODE 9111–72–P submitting comments or material, all made. submissions will be posted, without Affected Public: Not-for-profit change, to the Federal eRulemaking institutions; Federal Government; State,

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Local or Tribal Government; individuals Estimated Total Annual Burden or households; and business or other Hours: 12 Hours. for-profit. ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS

Number of Avg. burden per Total annual Type of respondent Form name/ Number of responses per Total number of response burden Avg. hourly wage Total annual Form number respondents respondent responses (in hours) (in hours) rate respondent cost

Individuals or house- Request for Housing 60 1 60 .1 (6 minutes) 6 $29.26 $175.56 holds; Business or Accommodations/ other for-profit; FEMA Form 119– Not-for-profit insti- 17–1. tutions; Farms; State, local or Trib- al Government. Individuals or house- Request for Use of 60 1 60 .1 (6 minutes) 6 29.26 175.56 holds; Business or NETC Facilities/ other for-profit; FEMA Form 119– Not-for-profit insti- 17–2. tutions; Farms; State, local or Trib- al Government.

Total ...... 60 ...... 120 ...... 12 ...... 351.12

Estimated Cost: There is no annual DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: CBP capital, start-up, operations or SECURITY invites the general public and other maintenance cost associated with this Federal agencies to comment on collection. U.S. Customs and Border Protection proposed and/or continuing information collections pursuant to the Paperwork Comments Agency Information Collection Reduction Act of 1995 (Pub. L. 104–13; Activities: Transportation Entry and Comments may be submitted as 44 U.S.C. 3505(c)(2)). The comments Manifest of Goods Subject to CBP should address: (a) Whether the indicated in the ADDRESSES caption Inspection and Permit collection of information is necessary above. Comments are solicited to (a) for the proper performance of the evaluate whether the proposed data AGENCY: U.S. Customs and Border functions of the agency, including collection is necessary for the proper Protection, Department of Homeland Security. whether the information shall have performance of the agency, including practical utility; (b) the accuracy of the whether the information shall have ACTION: 60-Day Notice and request for agency’s estimates of the burden of the practical utility; (b) evaluate the comments; Extension of an existing collection of information; (c) ways to accuracy of the agency’s estimate of the collection of information: 1651–0003. enhance the quality, utility, and clarity burden of the proposed collection of SUMMARY: of the information to be collected; (d) information, including the validity of As part of its continuing effort to reduce paperwork and respondent ways to minimize the burden including the methodology and assumptions used; burden, CBP invites the general public the use of automated collection (c) enhance the quality, utility, and and other Federal agencies to comment techniques or the use of other forms of clarity of the information to be on an information collection information technology; and (e) the collected; and (d) minimize the burden requirement concerning the: annual costs burden to respondents or of the collection of information on those Transportation Entry and Manifest of record keepers from the collection of who are to respond, including through Goods Subject to CBP Inspection and information (a total capital/startup costs the use of appropriate automated, Permit. This request for comment is and operations and maintenance costs). electronic, mechanical, or other being made pursuant to the Paperwork The comments that are submitted will technological collection techniques or Reduction Act of 1995 (Pub. L. 104–13; be summarized and included in the CBP other forms of information technology, 44 U.S.C. 3505(c)(2)). request for Office of Management and Budget (OMB) approval. All comments e.g., permitting electronic submission of DATES: Written comments should be responses. will become a matter of public record. received on or before September 27, In this document CBP is soliciting Dated: July 16, 2010. 2010, to be assured of consideration. comments concerning the following Tammi Hines, ADDRESSES: Direct all written comments information collection: Acting Director, Records Management to U.S. Customs and Border Protection, Title: Transportation Entry and Division, Mission Support Bureau, Federal Attn: Tracey Denning, Office of Manifest of Goods Subject to CBP Emergency Management Agency, Department Regulations and Rulings, 799 9th Street, Inspection and Permit. of Homeland Security. NW., 7th Floor, Washington, DC 20229– OMB Number: 1651–0003. [FR Doc. 2010–18326 Filed 7–26–10; 8:45 am] 1177. Form Numbers: CBP Forms 7512 and BILLING CODE 9111–45–P FOR FURTHER INFORMATION CONTACT: Requests for additional information 7512–A. should be directed to Tracey Denning, Current Actions: This submission is U.S. Customs and Border Protection, being submitted to extend the expiration Office of Regulations and Rulings, 799 date with no change to the burden 9th Street, NW., 7th Floor, Washington, hours. DC 20229–1177, at 202–325–0265. Type of Review: Extension.

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Abstract: Forms 7512, ‘‘Transportation requirements of the Paperwork and promote purchase of flood Entry and Manifest of Goods Subject to Reduction Act of 1995. The submission insurance. CBP Inspection and Permit’’, and 7512A, describes the nature of the information Affected Public: State, local, or Tribal ‘‘Continuation Sheet’’, allow CBP to collection, the categories of Government. exercise proper control over respondents, the estimated burden (i.e., Estimated Number of Respondents: merchandise moving in-bond the time, effort and resources used by 1,100. (merchandise that has not entered the respondents to respond) and cost, and Frequency of Response: Annually. commerce of the United States). These the actual data collection instruments Estimated Average Hour Burden per forms provide documentation that CBP FEMA will use. Respondent: 7.6818 Hours. Estimated Total Annual Burden uses for enforcement, targeting and DATES: Comments must be submitted on Hours: 8,450 Hours. protection of the revenue. Forms 7512 or before August 26, 2010. and 7512A collect information such as Estimated Cost: There are no ADDRESSES: Submit written comments the names of the importer and estimated operational, maintenance, on the proposed information collection consignee; a description of the capital or start-up costs associated with to the Office of Information and merchandise moving in-bond; and the this collection. Regulatory Affairs, Office of ports of lading and unlading. These Dated: July 16, 2010. Management and Budget. Comments forms are provided for in 19 CFR 18.11, should be addressed to the Desk Officer Tammi Hines, 19 CFR 18.20, 19 CFR 18.25, and 19 CFR for the Department of Homeland Acting Director, Records Management 122.92 and can be found at http:// Security, Federal Emergency Division, Mission Support Bureau, Federal www.cbp.gov/xp/cgov/toolbox/forms/. Emergency Management Agency, Department Affected Public: Businesses. Management Agency, and sent via of Homeland Security. electronic mail to Estimated Number of Respondents: [FR Doc. 2010–18335 Filed 7–26–10; 8:45 am] [email protected] or faxed 50,000. BILLING CODE 9110–11–P Estimated Number of Average to (202) 395–5806. Responses per Respondent: 140. FOR FURTHER INFORMATION CONTACT: Estimated Number of Total Annual Requests for additional information or DEPARTMENT OF HOMELAND Responses: 7,000,000. copies of the information collection SECURITY Estimated Total Annual Burden should be made to Director, Records Hours: 1,162,000 hours. Management Division, 1800 South Bell Federal Emergency Management Dated: July 22, 2010. Street, Arlington, VA 20598–3005, Agency Tracey Denning, facsimile number (202) 646–3347, or e- [Docket ID: FEMA–2010–0044; OMB No. Agency Clearance Officer, U.S. Customs and mail address FEMA-Information- 1660–0016] Border Protection. [email protected]. [FR Doc. 2010–18388 Filed 7–26–10; 8:45 am] SUPPLEMENTARY INFORMATION: Agency Information Collection BILLING CODE 9111–14–P Activities: Proposed Collection; Collection of Information Comment Request; Revision to Title: Community Rating System National Flood Insurance Program DEPARTMENT OF HOMELAND (CRS) Program—Application Maps: Application Forms for LOMRs SECURITY Worksheets and Commentary. and CLOMRs Type of information collection: Federal Emergency Management AGENCY: Federal Emergency Revision of a currently approved Management Agency, DHS. Agency information collection. ACTION: Notice; 60-day notice and [Docket ID: FEMA–2010–0012] OMB Number: 1660–0022. request for comments; revision of a Form Titles and Numbers: FEMA currently approved information Agency Information Collection Form FEMA Form 086–0–23, Activities: Submission for OMB collection; OMB No. 1660–0016; FEMA Community Rating System Application Form 086–0–27, Overview and Review; Comment Request, OMB No. Form and Manual; 086–0–23A, 1660–0022; Community Rating System Concurrence Form; FEMA Form 086–0– Community Rating System Annual 27A, Riverine Hydrology and (CRS) Program—Application Recertification. Worksheets and Commentary Hydraulics Form; 086–0–27B, Riverine Abstract: The CRS Application Structures Form; 086–0–27C, Coastal AGENCY: Federal Emergency Worksheet and Commentary are used by Analysis Form; 086–0–27D, Coastal Management Agency, DHS. communities that participate in the Structures Form; 086–0–27E, Alluvial ACTION: Notice; 30-day notice and National Flood Insurance Program’s Fan Flooding Form. request for comments; revision of a (NFIP) Community Rating System (CRS) currently approved information to document the activities that SUMMARY: The Federal Emergency collection; OMB No. 1660–0022; FEMA communities have undertaken to Management Agency, as part of its Form FEMA Form 086–0–23, mitigate against future flood losses. The continuing effort to reduce paperwork Community Rating System Application CRS application and activity worksheets and respondent burden, invites the Form and Manual; 086–0–23A, provide a step-by-step process for general public and other Federal Community Rating System Annual communities to follow in their effort to agencies to take this opportunity to Recertification. achieve the maximum amount of comment on a proposed revision of a discount on flood insurance premiums. currently approved information SUMMARY: The Federal Emergency CRS is a voluntary program where flood collection. In accordance with the Management Agency (FEMA) has insurance costs are reduced in Paperwork Reduction Act of 1995, this submitted the information collection communities that implement practices, Notice seeks comments concerning the abstracted below to the Office of such as building codes and public collection of information necessary to Management and Budget for review and education activities, which are gather the data necessary to allow the clearance in accordance with the considered to reduce risks of flooding Federal Emergency Management Agency

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to make a determination if a revision to FOR FURTHER INFORMATION CONTACT: Part 65 outline the data that must be a flood map is warranted. Contact Ava Hammond, FEMA submitted for these requests. Mitigation Division and (202) 646–3276 DATES: Comments must be submitted on Collection of Information or before September 27, 2010. for additional information. You may Title: Revision to National Flood ADDRESSES: To avoid duplicate contact the Records Management submissions to the docket, please use Division for copies of the proposed Insurance Program Maps: Application only one of the following means to collection of information at facsimile Forms for LOMRs and CLOMRs. submit comments: number (202) 646–3347 or e-mail Type of Information Collection: (1) Online. Submit comments at address: FEMA-Information-Collections- Revision of a currently approved http://www.regulations.gov under [email protected]. information collection. Docket ID FEMA–2010–0044. Follow SUPPLEMENTARY INFORMATION: The OMB Number: 1660–0016. the instructions for submitting National Flood Insurance Program Form Titles and Numbers: FEMA comments. (NFIP) is authorized by 42 U.S.C. 4001 Form 086–0–27, Overview and (2) Mail. Submit written comments to et seq. (Pub. L. 90–448 (1968) and Concurrence Form; FEMA Form 086–0– Office of Chief Counsel, Regulation and expanded by Pub. L. 93–234 (1973)). 27A, Riverine Hydrology and Policy Team, DHS/FEMA, 500 C Street, The Department of Homeland Security’s Hydraulics Form; 086–0–27B, Riverine SW., Room 835, Washington, DC 20472– Federal Emergency Management Agency Structures Form; 086–0–27C, Coastal 3100. (FEMA) administers the National Flood Analysis Form; 086–0–27D, Coastal (3) Facsimile. Submit comments to Insurance Program (NFIP) and Structures Form; 086–0–27E, Alluvial (703) 483–2999. maintains the maps that depict flood Fan Flooding Form. (4) E-mail. Submit comments to hazard information. In 44 CFR Part 65.3, Abstract: The certification forms are [email protected]. Include Docket communities are required to submit designed to assist requesters in ID FEMA–2010–0044 in the subject line. technical information concerning flood gathering information that FEMA needs All submissions received must hazards and plans to avoid potential to revise a National Flood Insurance include the agency name and Docket ID. flood hazards when physical changes Program (NFIP) map. This data is Regardless of the method used for occur. In 44 CFR Part 65.4, communities required to ensure that requested submitting comments or material, all are provided the right to submit revisions are in compliance with NFIP submissions will be posted, without technical information when regulations. These revisions are granted change, to the Federal eRulemaking inconsistencies on maps are identified. if the technical information submitted Portal at http://www.regulations.gov, In order to revise the Base (1-percent demonstrates that the prior and will include any personal annual chance) Flood Elevations (BFEs), determination of a Special Flood Hazard information you provide. Therefore, Special Flood Hazard Areas (SFHAs), Area, floodway or Base Flood Elevation submitting this information makes it and floodways presented on the NFIP on a flood map is no longer valid. public. You may wish to read the maps, a community must submit Affected Public: Business or other for- Privacy Act notice that is available via scientific or technical data profit; State, local or Tribal Government. the link in the footer of http:// demonstrating the need for a revision. Estimated Total Annual Burden www.regulations.gov. The NFIP regulations cited in 44 CFR Hours: 17,700 Hours. ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS

Number of Avg. burden per Total annual Type of respondent Form name/ Number of responses per Total number of response (in burden Avg. hourly wage Total annual Form number respondents respondent responses hours) (in hours) rate respondent cost

Business or other Form 086–0–27, 1,500 1 1,500 0.25 375 44.39 $16,646 for-Profit. Overview and Concurrence Form. State, local, or Tribal Form 086–0–27, 1,500 1 1,500 0.25 375 53.97 20,239 Government. Overview and Concurrence Form. Business or other Form 086–0–27, 1,500 1 1,500 0.5 750 46.65 34,988 for-profit. Overview and Concurrence Form. Total for FEMA 1,500 ...... 1,500 1 1,500 ...... 71,873 Form 086–0– 27. State, Local or Tribal Form 086–0–27A, 1,500 1 1,500 0.75 1,125 53.97 60,716 Government. Riverine Hydrol- ogy and Hydrau- lics Form.

Business or other Form 086–0–27A, 1,500 1 1,500 2.75 4,125 46.65 192,431 for-profit. Riverine Hydrol- ogy and Hydrau- lics Form. Total for FEMA 1,500 ...... 1,500 3.5 5,250 ...... 253,147 Form 086–0– 27A. Business or other Form 086–0–27B, 1,500 1 1,500 7 10,500 46.65 489,825 for-profit. Riverine Struc- tures Form.

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ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS—Continued

Business or other Form 086–0–27C, 150 1 150 1 150 46.65 6,998 for-profit. Coastal Analysis Form. Business or other Form 086–0–27D, 150 1 150 1 150 46.65 6,998 for-profit. Coastal Structures Form. Business or other Form 086–0–27E, 150 1 150 1 150 46.65 6,998 for-profit. Alluvial Fan Flooding Form. Total ...... 1,500 ...... 4,950 ...... 17,700 ...... 835,839

Estimated Cost: The estimated annual ACTION: Notice; 60-day notice and Portal at http://www.regulations.gov, operations and maintenance cost is request for comments; revision of a and will include any personal $26,250,000. There is no annual capital currently approved information information you provide. Therefore, start-up cost. collection; OMB No. 1660–0089; FEMA submitting this information makes it Form 086–0–25, Mitigation Best Practice Comments public. You may wish to read the Submission Worksheet. Privacy Act notice that is available via Comments may be submitted as the link in the footer of http:// SUMMARY: The Federal Emergency indicated in the ADDRESSES caption www.regulations.gov. above. Comments are solicited to (a) Management Agency, as part of its evaluate whether the proposed data continuing effort to reduce paperwork FOR FURTHER INFORMATION CONTACT: collection is necessary for the proper and respondent burden, invites the Contact Eugene Luke, Emergency performance of the agency, including general public and other Federal Management Specialist, FEMA whether the information shall have agencies to take this opportunity to Mitigation, (202) 646–7902 for practical utility; (b) evaluate the comment on a revision of a currently additional information. You may accuracy of the agency’s estimate of the approved information collection. In contact the Office of Records burden of the proposed collection of accordance with the Paperwork Management for copies of the proposed information, including the validity of Reduction Act of 1995, this Notice seeks collection of information at facsimile the methodology and assumptions used; comments concerning the documenting number (202) 646–3347 or e-mail (c) enhance the quality, utility, and of the experiences of those persons address: FEMA-Information-Collections- clarity of the information to be affected by mitigation efforts. The [email protected]. collected; and (d) minimize the burden information describes successful of the collection of information on those mitigation and flood insurance practices SUPPLEMENTARY INFORMATION: Consistent who are to respond, including through occurring in communities nationwide with performance-based management the use of appropriate automated, and provides a method to promote the practices mandated by the Government electronic, mechanical, or other Federal programs available that make Performance Results Act (GPRA) (Pub. technological collection techniques or available funding for mitigation L. 103.62 Section 2) FEMA has other forms of information technology, activities. established the FEMA Mitigation Best e.g., permitting electronic submission of DATES: Comments must be submitted on Practices success story process to collect responses. or before September 27, 2010. and disseminate information describing successful mitigation and flood Dated: July 16, 2010. ADDRESSES: To avoid duplicate submissions to the docket, please use insurance practices occurring in Tammi Hines, communities nationwide. Title 44 CFR Director, Records Management Division, only one of the following means to submit comments: part 2 institutes the process whereby Mission Support Bureau, Federal Emergency FEMA will promote mitigation activities Management Agency, Department of (1) Online. Submit comments at Homeland Security. http://www.regulations.gov under through the availability of information Docket ID FEMA–2010–0042. Follow regarding such. By making this type of [FR Doc. 2010–18330 Filed 7–26–10; 8:45 am] detail available, FEMA can translate BILLING CODE 9110–12–P the instructions for submitting comments. hazard data into useable information for (2) Mail. Submit written comments to community risk management. The DEPARTMENT OF HOMELAND Office of Chief Counsel, Regulation and stories incorporate mitigation strategies SECURITY Policy Team, DHS/FEMA, 500 C Street, that have been successfully SW., Room 835, Washington, DC 20472– implemented and provide real-world Federal Emergency Management 3100. evidence of the ability to protect against Agency (3) Facsimile. Submit comments to all hazards. (703) 483–2999. [Docket ID: FEMA–2010–0042] (4) E-mail. Submit comments to Collection of Information Agency Information Collection [email protected]. Include Docket Title: FEMA Mitigation Best Practices Activities: Proposed Collection; ID FEMA–2010–0042 in the subject line. Portfolio (formerly known as FEMA Comment Request, OMB No. 1660– All submissions received must Mitigation Success Story Database). include the agency name and Docket ID. 0089; FEMA Mitigation Best Practices Type of Information Collection: Portfolio Regardless of the method used for submitting comments or material, all Revision of a currently approved AGENCY: Federal Emergency submissions will be posted, without information collection. Management Agency, DHS. change, to the Federal eRulemaking OMB Number: 1660–0089.

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Form Titles and Numbers: FEMA result in benefits to individuals. By catastrophic event causing damage or Form 086–0–25, Mitigation Best Practice sharing information, communities and possibly loss of life. Submission Worksheet. individuals can learn about available Affected Public: Individuals or Abstract: FEMA uses the information Federal programs to support the households; State, local or Tribal provided through success stories to implementation of noteworthy local Government. document and disseminate first-hand activities that lead to less chance of a Estimated Total Annual Burden experiences of mitigation activities that Hours: 87.5 Hours. ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS

Number of Avg. burden per Total annual Type of respondent Form name/form Number of responses per Total number of response (in burden Avg. hourly wage Total annual number respondents respondent responses hours) (in hours) rate respondent cost

Individual or households .. Informal Inter- 5 1 5 4 20 $28.45 $569 views/No Form. Individual or households .. FEMA Mitiga- 45 1 45 1.5 67.5 28.45 1,920 tion Success Story Data- base/086–0– 25.

Total ...... 50 ...... 50 ...... 87.5 ...... 2,489

Estimated Cost: There are no DEPARTMENT OF HOMELAND DATES: Comments must be submitted on operation, maintenance, capital or start- SECURITY or before August 26, 2010. up costs associated with this collection. ADDRESSES: Submit written comments Federal Emergency Management on the proposed information collection Comments Agency to the Office of Information and Comments may be submitted as Regulatory Affairs, Office of indicated in the ADDRESSES caption [Docket ID: FEMA–2010–0027] Management and Budget. Comments above. Comments are solicited to (a) should be addressed to the Desk Officer Agency Information Collection for the Department of Homeland evaluate whether the proposed data Activities: Submission for OMB collection is necessary for the proper Security, Federal Emergency Review; Comment Request, OMB No. Management Agency, and sent via performance of the agency, including 1660–0037; Application Form for electronic mail to whether the information shall have Single Residential Lot or Structure [email protected] or faxed practical utility; (b) evaluate the Amendments to National Flood to (202) 395–5806. accuracy of the agency’s estimate of the Insurance Program Maps FOR FURTHER INFORMATION CONTACT: burden of the proposed collection of Requests for additional information or information, including the validity of AGENCY: Federal Emergency copies of the information collection Management Agency, DHS. the methodology and assumptions used; should be made to Director, Records (c) enhance the quality, utility, and ACTION: Notice; 30-day notice and Management Division, 1800 South Bell clarity of the information to be request for comments; revision of a Street, Arlington, VA 20598–3005, collected; and (d) minimize the burden currently approved information facsimile number (202) 646–3347, or e- of the collection of information on those collection; OMB No. 1660–0037; FEMA mail address FEMA-Information- who are to respond, including through Form 086–0–22, Application Form for [email protected]. the use of appropriate automated, Single Residential Lot or Structure SUPPLEMENTARY INFORMATION: electronic, mechanical, or other Amendments to National Flood technological collection techniques or Insurance Program Maps; FEMA Form Collection of Information other forms of information technology, 086–0–22A, Application Form for Title: Application Form for Single e.g., permitting electronic submission of Single Residential Lot or Structure Residential Lot or Structure responses. Amendments to National Flood Amendments to National Flood Insurance Program Maps (Spanish). Insurance Program Maps. Dated: July 16, 2010. Type of information collection: Tammi Hines, SUMMARY: The Federal Emergency Revision of a currently approved Acting Director, Records Management Management Agency (FEMA) will information collection. Division, Mission Support Bureau, Federal submit the information collection OMB Number: 1660–0037. Emergency Management Agency, Department abstracted below to the Office of Form Titles and Numbers: FEMA of Homeland Security. Management and Budget for review and Form 086–0–22, Application Form for [FR Doc. 2010–18329 Filed 7–26–10; 8:45 am] clearance in accordance with the Single Residential Lot or Structure BILLING CODE 9110–11–P requirements of the Paperwork Amendments to National Flood Reduction Act of 1995. The submission Insurance Program Maps; FEMA Form will describe the nature of the 086–0–22A, Application Form for information collection, the categories of Single Residential Lot or Structure respondents, the estimated burden (i.e., Amendments to National Flood the time, effort and resources used by Insurance Program Maps (Spanish). respondents to respond) and cost, and Abstract: FEMA Forms 086–0–22 and the actual data collection instruments 086–0–22A are designed to assist FEMA will use. respondents in gathering information

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that FEMA needs to determine whether Narrative Report; 086–0–16 (formerly 0–9 (formerly 81–42) Proof of Loss; 086– a certain single-lot property or structure 81–63) Cause of Loss and Subrogation 0–10 (formerly 81–42A) Increased Cost is likely to be flooded during a flood Report; 086–0–17 (formerly 81–96) of Compliance Proof of Loss; 086–0–11 event that has a 1-percent annual Manufactured (Mobile) Home/Travel (formerly 81–43) Notice of Loss; 086–0– chance of being equaled or exceeded in Trailer Worksheet; 086–0–18 (formerly 12 (formerly 81–44) Statement as to Full any given year (base flood). 81–96A) Manufactured (Mobile) Home/ Cost of Repair or Replacement under the Affected Public: Individuals or Travel Trailer Worksheet (Continued); Replacement Cost Coverage, Subject to households; Business or other for profit 086–0–19 (formerly 81–98) Increased the Terms and Conditions of this Policy; institutions. Cost of Compliance (ICC) Adjuster 086–0–13 (formerly 81–57) National Estimated Number of Respondents: Report; 086–0–20 (formerly 81–109) Flood Insurance Program Preliminary 18,775. Adjuster Preliminary Damage Report; 086–0–14 (formerly 81–58) Frequency of Response: Once. Assessment; 086–0–21 (formerly 81– National Flood Insurance Program Final Estimated Average Hour Burden per 110) Adjuster Certification Application. Report; 086–0–15 (formerly 81–59) Respondent: 2.4 Hours. National Flood Insurance Program Estimated Total Annual Burden SUMMARY: The Federal Emergency Hours: 45,060 Hours. Management Agency (FEMA) will Narrative Report; 086–0–16 (formerly Estimated Cost: There are no start-up, submit the information collection 81–63) Cause of Loss and Subrogation capital, operational, or maintenance abstracted below to the Office of Report; 086–0–17 (formerly 81–96) costs for this collection. Management and Budget for review and Manufactured (Mobile) Home/Travel clearance in accordance with the Trailer Worksheet; 086–0–18 (formerly Dated: July 7, 2010. requirements of the Paperwork 81–96A) Manufactured (Mobile) Home/ Tammi Hines, Reduction Act of 1995. The submission Travel Trailer Worksheet (Continued); Acting Director, Records Management will describe the nature of the 086–0–19 (formerly 81–98) Increased Division, Mission Support Bureau, Federal information collection, the categories of Cost of Compliance (ICC) Adjuster Emergency Management Agency, Department respondents, the estimated burden (i.e., of Homeland Security. Report; 086–0–20 (formerly 81–109) the time, effort and resources used by Adjuster Preliminary Damage [FR Doc. 2010–18325 Filed 7–26–10; 8:45 am] respondents to respond) and cost, and BILLING CODE 9110–12–P Assessment; 086–0–21 (formerly 81– the actual data collection instruments 110) Adjuster Certification Application. FEMA will use. Abstract: The claims forms used for DATES: Comments must be submitted on DEPARTMENT OF HOMELAND the National Flood Insurance Program or before August 26, 2010. SECURITY are used by policyholders and adjusters ADDRESSES: Submit written comments to collect the information needed to Federal Emergency Management on the proposed information collection investigate, document, evaluate, and Agency to the Office of Information and settle claims against National Flood Regulatory Affairs, Office of [Docket ID: FEMA–2010–0016] Management and Budget. Comments Insurance Program policies for flood damage to their insured property or Agency Information Collection should be addressed to the Desk Officer for the Department of Homeland qualification for benefits under Activities: Submission for OMB Increased Cost of Compliance coverage. Review; Comment Request, OMB No. Security, Federal Emergency 1660–0005; National Flood Insurance Management Agency, and sent via Affected Public: Individuals or Program—Claim Forms electronic mail to households; Business or other for-profit; [email protected] or faxed Not for-profit institutions; farms; AGENCY: Federal Emergency to (202) 395–5806. Federal Government; State, local or Management Agency, DHS. FOR FURTHER INFORMATION CONTACT: Tribal government. ACTION: Notice; 30-day notice and Requests for additional information or Estimated Number of Respondents: request for comments; revision of a copies of the information collection 3,640. currently approved information should be made to Director, Records collection; OMB No. 1660–0005; FEMA Management Division, 1800 South Bell Frequency of Response: On Occasion. Form 086–0–6 (formerly 81–40) Street, Arlington, VA 20598–3005, Estimated Average Hour Burden per National Flood Insurance Program facsimile number (202) 646–3347, or e- Respondent: 5.73 Hours. Worksheet-Contents-Personal Property; mail address FEMA-Information- Estimated Total Annual Burden 086–0–7 (formerly 81–41) Worksheet— [email protected]. Hours: 20,841.6 Hours. Building; 086–0–8 (formerly 81–41A) SUPPLEMENTARY INFORMATION: Worksheet—Building (Continued); 086– Estimated Cost: There are no 0–9 (formerly 81–42) Proof of Loss; 086– Collection of Information operation and maintenance, or capital 0–10 (formerly 81–42A) Increased Cost Title: National Flood Insurance and start-up costs associated with this of Compliance Proof of Loss; 086–0–11 Program—Claim Forms. the collection of information. (formerly 81–43) Notice of Loss; 086–0– Type of Information Collection: Dated: July 16, 2010. 12 (formerly 81–44) Statement as to Full Revision of a currently approved Tammi Hines, Cost of Repair or Replacement under the information collection. Replacement Cost Coverage, Subject to OMB Number: 1660–0005. Acting Director, Records Management Division, Mission Support Bureau, Federal the Terms and Conditions of this Policy; Form Titles and Numbers: FEMA Emergency Management Agency, Department 086–0–13 (formerly 81–57) National Form 086–0–6 (formerly 81–40) of Homeland Security. Flood Insurance Program Preliminary National Flood Insurance Program [FR Doc. 2010–18324 Filed 7–26–10; 8:45 am] Report; 086–0–14 (formerly 81–58) Worksheet-Contents-Personal Property; National Flood Insurance Program Final 086–0–7 (formerly 81–41) Worksheet— BILLING CODE 9110–11–P Report; 086–0–15 (formerly 81–59) Building; 086–0–8 (formerly 81–41A) National Flood Insurance Program Worksheet—Building (Continued); 086–

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DEPARTMENT OF HOUSING AND information; (3) enhance the quality, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT utility, and clarity of the information to URBAN DEVELOPMENT be collected; and (4) minimize the [Docket No. FR–5383–N–15] [Docket No. FR–5380–N–28] burden of the collection of information Financial Standards for Housing on those who are to respond, including Notice of Proposed Information Agency-Owned Insurance Entities through the use of appropriate Collection: Comment Request; automated collection techniques or Mortgagee’s Application for Partial AGENCY: Office of the Assistant other forms of information technology; Settlement, Multifamily Mortgage Secretary for Public and Indian e.g., permitting electronic submission of Housing, HUD. responses. AGENCY: Office of the Assistant ACTION: Notice. This Notice also lists the following Secretary for Housing, HUD. information: ACTION: Notice. SUMMARY: The proposed information Title of Proposal: Financial Standards collection requirement described below SUMMARY: for Housing Agency-Owned Insurance The proposed information will be submitted to the Office of Entities. collection requirement described below Management and Budget (OMB) for will be submitted to the Office of OMB Control Number: 2577–0186. review, as required by the Paperwork Management and Budget (OMB) for Reduction Act. The Department is Description of the need for the review, as required by the Paperwork soliciting public comments on the information and proposed use: Reduction Act. The Department is subject proposal. Collection of this information is soliciting public comments on the required by the HUD Appropriations DATES: Comments Due Date: September subject proposal. Act for FY 1992, Public Law 102.139, 27, 2010. DATES: 105 Stat. 736 (approved October 28, Comments Due Date: September ADDRESSES: Interested persons are 1991). The Act provided that public 27, 2010. invited to submit comments regarding housing agencies (PHAs) could ADDRESSES: Interested persons are this proposal. Comments should refer to purchase insurance coverage without invited to submit comments regarding the proposal by name/or OMB Control regard to competitive selection this proposal. Comments should refer to number and should be sent to: Leroy procedures, if the insurance was the proposal by name and/or OMB McKinney, Jr., Departmental Reports purchased from a nonprofit insurance Control Number and should be sent to: Management Officer, QDAM, entity owned and controlled by PHAs Leroy McKinney, Jr., Departmental Department of Housing and Urban approved by HUD, in accordance with Reports Management Officer, QDAM, Development, 451 7th Street, SW., standards established by regulation. A Department of Housing and Urban Room 4178, Washington, DC 20410– PHA-owned insurance entity selected Development, 451 7th Street, SW., 5000; telephone 202.402.5564, (this is by a PHA to provide coverage must Washington, DC 20410; e-mail not a toll-free number) or email Mr. submit a certification to HUD, stating [email protected] or telephone McKinney at that the entity management and (202) 402–5564 or the number for the [email protected]. Persons underwriting staff have certain levels of Federal Information Relay Service (1– with hearing or speech impairments experience. For initial approvals, the 800–877–8339). may access this number through TTY by entity must also submit proper FOR FURTHER INFORMATION CONTACT: calling the toll-free Federal Information organizational documentation. The Rebecca Lovelace, Accountant, Relay Service at (800) 877–8339. (Other nonprofit entity must submit copies of Multifamily Claims Branch, Department than the HUD USER information line audits every year, actuarial reviews of Housing and Urban Development, and TTY numbers, telephone numbers every year, and management reviews 451 7th Street, SW., Washington, DC are not toll-free.) every three years. 20410, e-mail telephone (202) 402–3987 FOR FURTHER INFORMATION CONTACT: Agency form number: N/A. (this is not a toll free number) for copies Dacia Rogers, Office of Policy, Programs Members of affected public: Public of the proposed forms and other and Legislative Initiatives, PIH, Housing Agencies. available information. Department of Housing and Urban Estimation of the total number of SUPPLEMENTARY INFORMATION: The Development, 451 7th Street, SW., hours needed to prepare the information Department is submitting the proposed Room 4116, Washington, DC 20410; collection including number of information collection to OMB for telephone 202–402–3374, (this is not a respondents: The estimated number of review, as required by the Paperwork toll-free number). respondents is 29 annually with one Reduction Act of 1995 (44 U.S.C. SUPPLEMENTARY INFORMATION: The response per respondent. The average Chapter 35, as amended). Department will submit the proposed number for each response is 6.55 hours, This Notice is soliciting comments information collection to OMB for for a total reporting burden of 190 from members of the public and affected review, as required by the Paperwork hours. agencies concerning the proposed Reduction Act of 1995 (44 U.S.C. Status of the proposed information collection of information to: (1) Evaluate Chapter 35, as amended). This notice is collection: Extension of currently whether the proposed collection is soliciting comments from members of approved collection. necessary for the proper performance of the public and affected agencies the functions of the agency, including concerning the proposed collection of Authority: Section 3506 of the Paperwork whether the information will have Reduction Act of 1995, 44 U.S.C. Chapter 35, information to: (1) Evaluate whether the as amended. practical utility; (2) Evaluate the proposed collection of information is accuracy of the agency’s estimate of the necessary for the proper performance of Dated: July 20, 2010. burden of the proposed collection of the functions of the agency, including Merrie Nichols-Dixon, information; (3) Enhance the quality, whether the information will have Acting Deputy Assistant Secretary for Policy, utility, and clarity of the information to practical utility; (2) evaluate the Programs, and Legislative Initiatives. be collected; and (4) Minimize the accuracy of the agency’s estimate of the [FR Doc. 2010–18400 Filed 7–26–10; 8:45 am] burden of the collection of information burden of the proposed collection of BILLING CODE 4210–67–P on those who are to respond; including

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the use of appropriate automated Status of the proposed information collection of information to: (1) Evaluate collection techniques or other forms of collection: This is a request for renewal whether the proposed collection of information technology, e.g., permitting of a currently approved collection. information is necessary for the proper electronic submission of responses. Authority: The Paperwork Reduction Act performance of the functions of the This Notice also lists the following of 1995, 44 U.S.C., Chapter 35, as amended. agency, including whether the information: Dated: July 22, 2010. information will have practical utility; Title of Proposal: Multifamily Ronald Y. Spraker, (2) evaluate the accuracy of the agency’s Mortgagee’s Application for Partial Associate General Deputy Assistant Secretary estimate of the burden of the proposed Settlement. for Housing. collection of information; (3) enhance OMB Control Number, if applicable: [FR Doc. 2010–18402 Filed 7–26–10; 8:45 am] the quality, utility, and clarity of the 2502–0427. BILLING CODE 4210–67–P information to be collected; and (4) Description of the need for the minimize the burden of the collection of information and proposed use: information on those who are to respond, including through the use of 1. When a FHA-insured Multifamily DEPARTMENT OF HOUSING AND mortgage goes into default, the Mortgagee URBAN DEVELOPMENT appropriate automated collection techniques or other forms of information may file a claim with the Secretary to receive [Docket No. FR–5376–N–71] the insurance benefits. Statute 12 USC technology; e.g., permitting electronic 1713(g)–(r) provides that, * * * ‘‘the Notice of Submission of Proposed submission of responses. Mortgagee shall be entitled to receive the Information Collection to OMB This Notice also lists the following benefits of the insurance as hereinafter Emergency Comment Request; Notice provided, upon assignment, transfer, and information: of Proposed Information Collection for delivery to the Secretary, within a period and Title of Proposal: Notice of Proposed in accordance with rules and regulations to Public Comment on Assessment of Consumer Protection Gaps for Home Information Collection for Public be prescribed by the Secretary of all rights Comment On Assessment of Consumer and interest arising under the mortgage so in Equity Conversion Mortgage default * * * at its option and in accordance Borrowers Protection Gaps for Home Equity with regulation, and in a period to be Conversion Mortgage Borrowers. determined by the Secretary, proceed to AGENCY: Office of the Chief Information OMB Control Number: 2502–New. foreclosure on and obtain possession of or Officer, HUD. Agency Form Numbers: None. otherwise acquired such property after ACTION: Notice of proposed information default and receive the benefits of the collection. Description of Information Collection: insurance as herein provided upon prompt This is a new information collection. A conveyance to the Secretary the title of the SUMMARY: The proposed information twenty-minute phone survey will be property * * * ’’ The Mortgagee may receive collection requirement described below a portion of the benefits immediately after conduced among 600 Home Equity the assignment or conveyance. has been submitted to the Office of Conversion Mortgage (HECM) 2. The respondents are only those Management and Budget (OMB) for borrowers. It will help FHA Assess mortgagees that elect to assign property to emergency review and approval, as Consumer Protection Gaps for HECM HUD. There are approximately 115 such required by the Paperwork Reduction borrowers. mortgagees annually. When the mortgagee Act. The Department is soliciting public notifies HUD of an election to assign a comments on the subject proposal. Members of Affected Public: Lenders, property to HUD, HUD sends the mortgagee Borrowers, Counselors and Not-for- DATES: Comments Due Date: August 3, an e-mail with instructions for submitting its profit consumer advocacy organizations. claim (see Attachment 1). This request 2010. addresses only the Application for Partial ADDRESSES: Interested persons are Estimation of the total numbers of Settlement. Within 24 to 48 hours after an invited to submit comments regarding hours needed to prepare the information assignment or conveyance, the Secretary may this proposal. Comments must be collection including number of pay the Mortgagee a partial amount of received within seven (7) days from the respondents, frequency of responses, insurance benefits. This payment is made date of this Notice. Comments should and hours of responses: An estimation prior to the examination of the Mortgagee’s refer to the proposal by name/or OMB of the total number of hours needed to claim. The information collected on the conduct this one-time, 20 minute survey subject form, HUD–2537 (Mortgagee’s approval number and should be sent to: Application for Partial Settlement- HUD Desk Officer, Office of among 600 HECM borrowers is 200 Multifamily Mortgage), provides the required Management and Budget, New hours. information to determine the partial amount. Executive Office Building, Washington, Total Estimated Burden Hours: 200. This amount is computed in accordance with DC 20503; e-mail: OIRA_Submission the foregoing statutory provisions and @omb.eop.gov; fax: (202) 395–5806. Status of the proposed information regulations promulgated there under in 24 collection: New collection FOR FURTHER INFORMATION CONTACT: CFR 207(B), Contract Rights and Obligations. Leroy McKinney, Reports Management Authority: The Paperwork Reduction Act Agency form numbers, if applicable: Officer, QDAM, Department of Housing of 1995, 44 U.S.C. Chapter 35, as amended. HUD–2537. and Urban Development, 451 Seventh Dated: July 22, 2010. Estimation of the total numbers of Street, SW., Washington, DC 20410; e- Leroy McKinney Jr., hours needed to prepare the information mail: [email protected]; telephone (202) 402–5564. This is not a Departmental Reports Management Officer, collection including number of Office of the Chief Information Officer. respondents, frequency of response, and toll-free number. Copies of available [FR Doc. 2010–18414 Filed 7–26–10; 8:45 am] hours of response: The number of documents submitted to OMB may be annual burden hours is 29. The number obtained from Mr. McKinney. BILLING CODE 4210–67–P of respondents is 115 per year, the SUPPLEMENTARY INFORMATION: This number of responses is 115, the Notice is soliciting comments from frequency of response is on occasion, members of the public and affected and the burden hour per response is .25. agencies concerning the proposed

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DEPARTMENT OF HOUSING AND should be sent to: HUD Desk Officer, on those who are to respond; including URBAN DEVELOPMENT Office of Management and Budget, New through the use of appropriate Executive Office Building, Washington, automated collection techniques or [Docket No. FR–5376–N–70] DC 20503; fax: 202–395–5806. other forms of information technology, Notice of Submission of Proposed FOR FURTHER INFORMATION CONTACT: e.g., permitting electronic submission of Information Collection to OMB; Capital Leroy McKinney Jr., Reports responses. Advance Section 811 Grant Application Management Officer, QDAM, This Notice Also Lists the Following for Supportive Housing for Persons Department of Housing and Urban Information With Disabilities (HUD Programs) Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Leroy Title of Proposal: Capital Advance AGENCY: Office of the Chief Information McKinney Jr. at Section 811 Grant Application for Officer, HUD. [email protected] or telephone Supportive Housing for Persons with ACTION: Notice. (202) 402–5564. This is not a toll-free Disabilities. SUMMARY: The proposed information number. Copies of available documents OMB Approval Number: 2502–0462. collection requirement described below submitted to OMB may be obtained Form Numbers: HUD–92016–CA, has been submitted to the Office of from Mr. McKinney. HUD–92041, HUD–92042, HUD–92043, Management and Budget (OMB) for SUPPLEMENTARY INFORMATION: This HUD–2880, HUD–2991, HUD–2990, review, as required by the Paperwork notice informs the public that the HUD–96010, HUD 96011, HUD 2994–A; Reduction Act. The Department is Department of Housing and Urban Standard grant forms: SF–424, SF–424 soliciting public comments on the Development has submitted to OMB a Supplemental, SF LLL. HUD forms can subject proposal. request for approval of the Information be obtained at: http://portal.hud.gov/ The collection of this information is collection described below. This notice portal/page/portal/HUD/ _ necessary to the Department to assist is soliciting comments from members of program offices/administration/ HUD in determining applicant the public and affecting agencies hudclips/forms. eligibility and ability to develop concerning the proposed collection of Description of the Need for the housing for person with disabilities information to: (1) Evaluate whether the Information and Its Proposed Use: The within statutory and program criteria. A proposed collection of information is collection of this information is thorough evalution of an applicant’s necessary for the proper performance of necessary to the Department to assist submission is necessary to protect the the functions of the agency, including HUD in determining applicant government’s financial interst. whether the information will have eligibility and ability to develop DATES: Comments Due Date: August 26, practical utility; (2) Evaluate the housing for person with disabilities 2010. accuracy of the agency’s estimate of the within statutory and program criteria. A ADDRESSES: Interested persons are burden of the proposed collection of thorough evalution of an applicant’s invited to submit comments regarding information; (3) Enhance the quality, submission is necessary to protect the this proposal. Comments should refer to utility, and clarity of the information to government’s financial interst. the proposal by name and/or OMB be collected; and (4) Minimize the Frequency of Submission: Semi- approval Number (2502–0462) and burden of the collection of information annually.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 136 1 87.007 11,833

Total Estimated Burden Hours: DEPARTMENT OF HOUSING AND DATES: Comments Due Date: August 3, 11,833. URBAN DEVELOPMENT 2010. Status: Revision of a currently ADDRESSES: Interested persons are approved collection. [Docket No. FR–5376–N–69] invited to submit comments regarding this proposal. Comments must be Authority: Section 3507 of the Paperwork Notice of Submission of Proposed Reduction Act of 1995, 44 U.S.C. 35, as Information Collection to OMB received within seven (7) days from the amended. Emergency Comment Request, Capital date of this Notice. Comments should Dated: July 22, 2010. Fund Education and Training refer to the proposal by name/or OMB approval number and should be sent to: Leroy McKinney, Jr., Community Facilities (CFCF) HUD Desk Officer, Office of Departmental Reports Management Officer, AGENCY: Office of the Chief Information Management and Budget, New Office of the Chief Information Officer. Officer, HUD. Executive Office Building, Washington, [FR Doc. 2010–18415 Filed 7–26–10; 8:45 am] ACTION: Notice of proposed information DC 20503; e-mail: OIRA_Submission BILLING CODE 4210–67–P collection. @omb.eop.gov; fax: (202) 395–5806.

SUMMARY: The proposed information FOR FURTHER INFORMATION CONTACT: collection requirement described below Leroy McKinney, Reports Management has been submitted to the Office of Officer, QDAM, Department of Housing Management and Budget (OMB) for and Urban Development, 451 Seventh emergency review and approval, as Street, SW., Washington, DC 20410; e- required by the Paperwork Reduction mail: [email protected]; Act. The Department is soliciting public telephone (202) 402–5564. This is not a comments on the subject proposal. toll-free number. Copies of available

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documents submitted to OMB may be Estimation of the total numbers of FOR FURTHER INFORMATION CONTACT: obtained from Mr. McKinney. hours needed to prepare the information Leroy McKinney, Jr., Reports SUPPLEMENTARY INFORMATION: This collection including number of Management Officer, QDAM, Notice is soliciting comments from respondents, frequency of responses, Department of Housing and Urban members of the public and affected and hours of responses: The estimated Development, 451 Seventh Street, SW, agencies concerning the proposed number of respondents is 300; the Washington, DC 20410; e-mail Leroy collection of information to: (1) Evaluate frequency of response is 1 per year; McKinney, Jr. at whether the proposed collection of 47.75 hours per response, for burden [email protected] or telephone information is necessary for the proper hours of 14,325. (202) 402–5564. This is not a toll-free performance of the functions of the Total Estimated Burden Hours: number. Copies of available documents agency, including whether the 14,325. submitted to OMB may be obtained information will have practical utility; Status of the proposed information from Mr. McKinney. (2) evaluate the accuracy of the agency’s collection: New collection. SUPPLEMENTARY INFORMATION: This estimate of the burden of the proposed Authority: The Paperwork Reduction Act notice informs the public that the collection of information; (3) enhance of 1995, 44 U.S.C. Chapter 35, as amended. Department of Housing and Urban the quality, utility, and clarity of the Dated: July 22, 2010. Development has submitted to OMB a information to be collected; and (4) Leroy McKinney Jr., request for approval of the information minimize the burden of the collection of Departmental Reports Management Officer, collection described below. This notice information on those who are to Office of the Chief Information Officer. is soliciting comments from members of respond, including through the use of [FR Doc. 2010–18417 Filed 7–26–10; 8:45 am] the public and affecting agencies appropriate automated collection BILLING CODE 4210–67–P concerning the proposed collection of techniques or other forms of information information to: (1) Evaluate whether the technology; e.g., permitting electronic proposed collection of information is submission of responses. DEPARTMENT OF HOUSING AND necessary for the proper performance of This Notice also lists the following URBAN DEVELOPMENT the functions of the agency, including information: whether the information will have Title of Proposal: Capital Fund [Docket No. FR–5376–N–72] practical utility; (2) Evaluate the Education and Training Community Notice of Submission of Proposed accuracy of the agency’s estimate of the Facilities (CFCF) Information Collection to OMB, HUD- burden of the proposed collection of Description of Information Collection: Owned Real Estate—Sales Contracts information; (3) Enhance the quality, This is a new information collection. and Addenda (HUD Programs) utility, and clarity of the information to The Department of Housing and Urban be collected; and (4) Minimize the Development Appropriations Act, 2010 AGENCY: Office of the Chief Information burden of the collection of information Public Law 111–117, enacted on Officer, HUD. on those who are to respond; including December 16, 2009, permits the HUD ACTION: Notice. through the use of appropriate Secretary to use up the $40,000,000 of automated collection techniques or the Capital Fund appropriations for SUMMARY: The proposed information other forms of information technology, grant funding to develop facilities to collection requirement described below e.g., permitting electronic submission of provide early childhood education, has been submitted to the Office of responses. adult education, and/or job training Management and Budget (OMB) for This notice also lists the following programs for public housing residents review, as required by the Paperwork information: based on an identified need. PHAs may Reduction Act. The Department is Title of Proposal: HUD–Owned Real use funds for construction of new soliciting public comments on the Estate—Sales Contract and Addendums. facilities, rehabilitation of existing subject proposal. OMB Approval Number: 2502–0306. facilities, or rehabilitation of vacant The respondents are real estate listing Form Numbers: HUD–9544, HUD– space. These facilities will offer brokers for HUD-owned properties who 9548, HUD–9548–B, HUD–9548–C, comprehensive, integrated supportive submit sales contracts and addenda in HUD–9548–D, HUD–9548–E, HUD– services to help public housing conjunction with offers to purchase 9548–F, HUD–9548–G, HUD 9548–H, residents achieve better educational and HUD-owned property. The sales HUD 9545–Y, HUD 9545–Z; and SAMS– economic outcomes resulting in long- contracts and addenda will be used in 1100, SAMS–1101, SAMS–1103, term economic self-sufficiency. The binding contracts between the SAMS–1106, SAMS–1106–C, SAMS– actual Notice of Funding Availability purchasers and HUD, and to meet the 1108, SAMS–1110, SAMS–1111, (NOFA) will contain the selection requirements of the Lead Disclosure SAMS–1111–A, SAMS–1117, SAMS– criteria for awarding Capital Fund Rule relative to the disclosure of known 1120, SAMS–1204, SAMS–1205 HUD Education and Training community lead-based paint and lead-based paint forms can be obtained at: http:// Facilities grants and specific hazards in HUD sales of pre-1978 portal.hud.gov/portal/page/portal/HUD/ requirements that will apply to selected construction. program_offices/administration/ grantees. DATES: Comments Due Date: August 26, hudclips/forms. OMB Control Number: 2577–New. 2010. Description of the Need for the Agency Form Numbers: HUD–2990, ADDRESSES: Interested persons are Information and Its Proposed Use: HUD–50075.1., SF–424, SF–LLL, HUD invited to submit comments regarding The respondents are real estate listing forms can be obtained at: http:// this proposal. Comments should refer to brokers for HUD-owned properties who portal.hud.gov/portal/page/portal/HUD/ the proposal by name and/or OMB submit sales contracts and addenda in program_offices/administration/ Approval Number (2502–0306) and conjunction with offers to purchase hudclips/forms. should be sent to: HUD Desk Officer, HUD-owned property. The sales Members of Affected Public: Business Office of Management and Budget, New contracts and addenda will be used in or other for-profit, State, Local Executive Office Building, Washington, binding contracts between the Government. DC 20503; fax: 202–395–5806. purchasers and HUD, and to meet the

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requirements of the Lead Disclosure hazards in HUD sales of pre-1978 Frequency of Submission: On- Rule relative to the disclosure of known construction. occasion. lead-based paint and lead-based paint

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden ...... 13,155 785,748 × 254,626.00 6,590,715

Total Estimated Burden Hours: program will provide an opportunity to should be received on or before August 6,590,715. understand the unique needs of this 26, 2010. Status: Revision of a currently new cohort of veterans, and will support ADDRESSES: Submit comments directly approved collection. efforts to identify, reach and assist them to the Desk Officer for the Department Authority: Section 3507 of the Paperwork to regain and maintain housing stability. of the Interior (OMB #1004–0137), Reduction Act of 1995, 44 U.S.C. 35, as The notice providing information Office of Management and Budget, amended. regarding the application process, Office of Information and Regulatory Dated: July 22, 2010. funding criteria and eligibility Affairs, fax 202–395–5806, or by Leroy McKinney, Jr., requirements is available on the HUD electronic mail at _ Departmental Reports Management Officer, Web site at http://www.hud.gov/offices/ oira [email protected]. Please mail a Office of the Chief Information Officer. adm/grants/fundsavail.cfm. The copy of your comments to: Bureau [FR Doc. 2010–18412 Filed 7–26–10; 8:45 am] Catalogue of Federal Domestic Information Collection Clearance Officer Assistance (CFDA) number for the BILLING CODE 4210–67–P (WO–630), Department of the Interior, VHPD program is 14.239. 1849 C Street, NW., Mail Stop 401 LS, FOR FURTHER INFORMATION CONTACT: Washington, DC 20240; send them by DEPARTMENT OF HOUSING AND Questions regarding the VHPD Notice electronic mail to URBAN DEVELOPMENT should be submitted to the HUD e-snaps [email protected]; or fax them to Virtual Help Desk at http:// Jean Sonneman at 202–912–7102. [Docket No. FR–5403–N–01] www.hudhre.info/helpdesk. FOR FURTHER INFORMATION CONTACT: You Notice of Availability: Notice of Fiscal Dated: July 22, 2010. may contact Barbara Gamble at 202– Year (FY) 2009 Implementation of the Mercedes Ma´rquez, 912–7148. Persons who use a Veterans Homelessness Prevention Assistant Secretary for Community Planning telecommunication device for the deaf Demonstration Program and Development. (TDD) may call the Federal Information [FR Doc. 2010–18420 Filed 7–26–10; 8:45 am] Relay Service (FIRS) on 1–800–877– AGENCY: Office of Assistant Secretary for 8339, to contact Ms. Gamble. You may BILLING CODE 4210–67–P Community Planning and Development, also contact Ms. Gamble to obtain a HUD. copy, at no cost, of the regulations and ACTION: Notice. forms that require this collection of DEPARTMENT OF THE INTERIOR SUMMARY: Through this notice, HUD information. announces the availability on its Bureau of Land Management SUPPLEMENTARY INFORMATION: website of the funding criteria, policies The following information is provided and procedures for the administration of [LLWO310000 L13100000.PP0000] for the information collection: the statutorily authorized Preventing Title: Onshore Oil and Gas Operations Homelessness Among the Nation’s Renewal and Revision of Approved (43 CFR part 3160). Veterans Demonstration Program, Information Collection Forms: referred to as the Veterans • Form 3160–3, Application for AGENCY: Homelessness Prevention Bureau of Land Management, Permit to Drill or Reenter; Demonstration Program (VHPD), in a Interior. • Form 3160–4, Well Completion or limited number of U.S. communities. ACTION: 30-day Notice and Request for Recompletion Report and Log; and The Omnibus Appropriations Act for Comments. • Form 3160–5, Sundry Notices and 2009 (Pub. L. 111–8, approved March Reports on Wells. SUMMARY: 11, 2009), authorizes the VHPD and The Bureau of Land OMB Control Number: 1004–0137. appropriates $10 million for HUD to Management (BLM) has submitted an Type of Review: Revision and renewal conduct the demonstration. Consistent information collection request to the of a currently approved information with this authority, HUD has Office of Management and Budget collection. coordinated with the Department of (OMB) for a 3-year renewal of OMB Abstract: Various Federal and Indian Veterans Affairs and the Department of Control Number 1004–0137 under the mineral leasing statutes authorize the Labor in selecting a limited number of Paperwork Reduction Act. This control BLM to grant and manage onshore oil urban and rural sites in which to carry number includes paperwork and gas leases on Federal and Indian out this demonstration. The purpose of requirements in 43 CFR part 3160, (except Osage Tribe) lands. The BLM the VHPD is to explore ways for the which cover onshore oil and gas implements these statutory authorities federal government to offer early operations. in accordance with regulations at 43 intervention homelessness prevention, DATES: The OMB is required to respond CFR part 3160 and onshore oil and gas primarily to veterans returning from to this information collection request orders promulgated in accordance with wars in Iraq and Afghanistan. It is within 60 days but may respond after 30 43 CFR 3164.1. Responses are required anticipated that this demonstration days. Therefore, written comments to obtain or maintain a benefit.

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Frequency of Collection: On occasion. 3160–3, Application for Permit to Drill hour burden estimates of this Annual Burden Hours: 895,640 hours. or Re-enter. information collection request: Annual Non-hour Burden Cost: The following table details the $32,500,000 in processing fees for Form individual components and respective

Number of Hours per Type of response responses response Total hours A B C D

Application for Permit To Drill or Re-enter (43 CFR 3162.3–1) Form 3160–3 ...... 5,000 80 400,000 Well Completion or Recompletion Report and Log (43 CFR 3162.4–1) Form 3160–4 ...... 5,000 4 20,000 Sundry Notices and Reports on Wells (43 CFR 3162.3–2) Form 3160–5 ...... 34,000 8 272,000 Plan for Well Abandonment (43 CFR 3162.3–4) ...... 1,500 8 12,000 Schematic/Facility Diagrams (43 CFR 3162.4–1(a) and 3162.7–5(d)(1)) ...... 1,000 8 8,000 Drilling Tests, Logs, and Surveys (43 CFR 3162.4–2(a)) ...... 100 8 800 Disposal of Produced Water (43 CFR 3164.1 and 3162.5–1(b)) Onshore Oil and Gas Order No. 7 ...... 1,500 8 12,000 Report of Spills, Discharges, or Other Undesirable Events (43 CFR 3162.5–1(c)) ...... 200 8 1,600 Contingency Plan (43 CFR 3162.5–1(d)) ...... 50 32 1,600 Direction Drilling (43 CFR 3162.5–2(b)) ...... 165 8 1,320 Well Markers (43 CFR 3162.6) ...... 1,000 8 8,000 Gas Flaring (43 CFR 3164.2 and 43 CFR 3162.7–1(d)) Notice to Lessees—4A: Royalty or Compensation for Oil and Gas Lost ...... 100 16 1,600 Records for Seals (43 CFR 3162.7–5(b)) ...... 90,000 0.75 67,500 Site Security (43 CFR 3162.7–5(c)) ...... 2,415 8 19,320 Prepare Run Tickets (43 CFR 3164.1) Onshore Oil and Gas Order No. 4 ...... 90,000 0.75 67,500 Application for Suspension or Other Relief (43 CFR 3165.1(a)) ...... 100 16 1,600 State Director Review (43 CFR 3165.3(b)) ...... 50 16 800

Totals ...... 232,180 ...... 895,640

60-Day Notice: As required by 5 CFR personal identifying information—may [73 FR 52944]. In compliance with the 1320.8(d), the BLM published the 60- be made publicly available at any time. National Environmental Policy Act of day notice in the Federal Register on While you can ask us in your comment 1969, as amended (NEPA), the Bureau of February 3, 2010 (75 FR 5624) soliciting to withhold your personal identifying Land Management (BLM) Vale District comments from the public and other information from public review, we Office, Vale, Oregon, and the U.S. Forest interested parties. The comment period cannot guarantee that we will be able to Service (FS), Wallowa-Whitman closed on April 5, 2010. The BLM did do so. National Forest, Baker City, Oregon, not receive any comments from the intend to prepare an Environmental Jean Sonneman, public in response to this notice, and Impact Statement (EIS) for the did not receive any unsolicited Acting Information Collection Clearance Boardman to Hemingway (B2H) Project, Officer. comments. and by this notice are announcing the The BLM requests comments on the [FR Doc. 2010–18395 Filed 7–26–10; 8:45 am] re-initiation of the NEPA scoping following subjects: BILLING CODE 4310–84–P process to solicit public comments. This 1. Whether the collection of notice is in response to substantive information is necessary for the proper changes in the proposed B2H Project functioning of the BLM, including DEPARTMENT OF THE INTERIOR route as submitted by Idaho Power whether the information will have Bureau of Land Management Company (IPC) in its amended right-of- practical utility; way (ROW) application to the BLM and special use application to the FS. The 2. The accuracy of the BLM’s estimate DEPARTMENT OF AGRICULTURE of the burden of collecting the proposed B2H route is about 300 miles long and would cross Federal, State, and information, including the validity of Forest Service the methodology and assumptions used; private lands in 6 counties in Oregon 3. The quality, utility and clarity of [LLORV00000.L51010000.ER0000. and Idaho. Approximately 93 miles (31 the information to be collected; and LVRWH09H0480; OR 065375; IDI 036029; percent) of the lands the transmission 4. How to minimize the information HAG 10–0278] line would cross are administered by collection burden on those who are to Federal agencies, including the BLM, Revised Notice of Intent To Prepare an respond, including the use of the FS, the Bureau of Reclamation, and Environmental Impact Statement for appropriate automated, electronic, the Department of Defense. the Proposed Boardman to Hemingway mechanical, or other forms of DATES: This notice re-initiates the 500 Kilovolt Transmission Line Project information technology. comment period for scoping on the B2H in Idaho and Oregon and Possible Please send comments to the Project EIS. The comment period will be Land Use Plan Amendments addresses listed under ADDRESSES. open until September 27, 2010. Scoping Please refer to OMB control number AGENCY: Bureau of Land Management, meetings are being considered in the 1004–0137 in your correspondence. Interior; and U.S. Forest Service, following locations: Baker City, John Before including your address, phone Agriculture. Day, Burns, Ontario, Boardman, La number, e-mail address, or other ACTION: Notice. Grande, and Pendleton, Oregon; and personal identifying information in your Marsing, Idaho. The dates and locations comment, you should be aware that SUMMARY: This notice is a revision of a of the scoping meetings will be your entire comment—including your September 12, 2008, Notice of Intent announced at least 15 days in advance

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through local media, newspapers, and authorization to the FS to cross Management Plan, Baker City, Oregon) the B2H Project Web site at: http:// FS-administered lands. In April 2010, that currently prevents the harvest and www.boardmantohemingway.com. IPC resubmitted these applications to removal of all live trees greater than or Comments must be received prior to the the BLM and FS because of proposed equal to 21-inch diameter within the close of the comment period or 15 days route changes. proposed ROW. Amendment of this after the last scoping meeting, The proposed B2H route is standard would allow for the removal of whichever is later, to be considered in approximately 300 miles long and will these trees to provide for the safe, long- the B2H Project EIS analysis. Relevant cross Federal, State, and private lands in term operation of the B2H transmission comments submitted during the 6 counties in Oregon and Idaho. The line. previous B2H Project comment period route generally parallels existing By this notice, the BLM and FS are will also be considered. Additional interstate and other existing overhead complying with requirements in 43 CFR opportunities for public participation and underground utilities and 1610.2(c) and 36 CFR 219.35(b)(2000) to will be provided upon publication of roadways, and makes use of existing notify the public of potential the Draft EIS. utility corridors on Federal lands. amendments to land use plans, subject ADDRESSES: You may submit comments Approximately 31 percent (93 miles) of to the analysis in the B2H EIS. The BLM by any of the following methods: the route is located on public lands. The and FS will integrate the land use • E-mail: project is designed to utilize steel planning process with the B2H Project [email protected]; lattice-type structures, about 150 feet EIS for any necessary land use plan • Web site: http:// high, with average spans between amendments. www.boardmantohemingway.com/ towers of 1,200 feet. Access roads would The BLM, as the lead Federal agency comment; be 14 to 20 feet wide. Additional for the B2H Project EIS, will utilize and • Mail: BLM, B2H Project, P.O. Box temporary work space would also be coordinate the NEPA comment process 655, Vale, Oregon 97918; or required during construction. The to satisfy the public involvement • In person at a scoping meeting. requested ROW width is 250 feet. A process of Section 106 of the National The amended B2H ROW and special- map is available for review at the Web Historic Preservation Act (16 U.S.C. use application is available for site identified above. 470f) as provided for in 36 CFR inspection at the Web site listed above The purpose of the NEPA scoping 800.2(d)(3). Native American Tribal or may be examined at: process is to identify issues and consultations will be conducted in • BLM, Vale District Office, 100 alternatives that will influence the accordance with agency policies, and Oregon Street, Vale, Oregon 97918; scope of the environmental analysis and Tribal concerns, including impacts on • FS, Whitman Ranger District, 3285 guide the process for developing the Indian trust assets, will be given due 11th Street, Baker City, Oregon 97814; project EIS. At this time, the proposed consideration. The following is a list of and B2H route has been identified for current cooperating agencies that will • FS, La Grande Ranger District, 3502 analysis in the EIS. The BLM and FS assist with preparation of the EIS: Highway 30, La Grande, Oregon 97850. have identified the following United States Department of preliminary issues: Areas of Critical Agriculture, FS, Wallowa-Whitman FOR FURTHER INFORMATION CONTACT: For Environmental Concern, National National Forest; the State of Idaho; the additional information or to have your Historic Oregon Trail Interpretive State of Oregon Department of Energy; name added to or removed from the Center, Oregon National Historic Trail, State of Oregon Department of Fish and B2H Project mailing list, visit the Web visual resources, Threatened and Wildlife; Malheur, Baker, Umatilla, site or e-mail a request to the address Endangered Species, wildlife, impacts Morrow, and Union counties, Oregon; identified in the ADDRESSES section to critical wildlife habitat, use of Payette, Washington, and Canyon above, or mail your request to the BLM, existing utility corridors, exclusive farm counties, Idaho; the City of Parma, B2H Project, P.O. Box 655, Vale, Oregon use, and lands with wilderness Idaho; the Ten Davis Recreation District, 97918. characteristics. The Hemingway Idaho; the Black Canyon Irrigation SUPPLEMENTARY INFORMATION: The B2H substation will not be analyzed in this District, Idaho; the Owyhee Irrigation Project is a new single-circuit 500- EIS, since it is currently under District, Oregon; and the Joint kilovolt (kV) electric transmission line construction and will operate regardless Committee of the Owyhee Project, proposed for construction by IPC of the outcome of the B2H project. The Oregon. Other Federal, State, and local between the existing Hemingway proposed Grassland substation is part of agencies, along with stakeholders that substation, located near Melba in the proposed B2H project and will be may be interested in or affected by the Owyhee County, Idaho, and the planned analyzed in this EIS. Federal agencies’ decision on this Grassland substation adjacent to the Authorization of the B2H project by project, are invited to participate in the Boardman Generating Plant, located the BLM and FS may require an scoping process and, if eligible, may near Boardman in Morrow County, amendment to the BLM’s Baker request or be requested by the BLM to Oregon. The B2H Project will deliver up Resource Management Plan, the participate as a cooperating agency. to 1,500 megawatts of additional energy Southeastern Oregon Resource Pursuant to Section 501 of the Federal capacity to meet load requirements in Management Plan, the Owyhee Land Policy and Management Act of Oregon and Idaho, provide service to Resource Management Plan, and the 1976 (Pub. L. 94–579), the Secretary of wholesale customers, maintain reliable Cascade Resource Management Plan, Agriculture is authorized to grant ROWs electric service, and relieve existing and the FS’s Wallowa-Whitman through National Forest System lands congestion and capacity constraints. National Forest Land and Resource (except those designated as wilderness) On December 19, 2007, IPC submitted Management Plan. Plan amendments and the Secretary of the Interior is an application for a ROW grant to currently under consideration include authorized to grant ROWs through the construct, operate, and maintain a an amendment to the Wallowa-Whitman National System of Public Lands for single-circuit 500-kV transmission line National Forest Land and Resource generation, transmission, and across BLM-administered lands. On Management Plan (USDA–Forest distribution of electric energy. In March 25, 2008, IPC also submitted an Service 1990, Wallowa-Whitman addition, Section 368 of the Energy application for a special use National Forest Land and Resource Policy Act of 2005 (Pub. L. 109–58)

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directs the Secretaries of Agriculture DEPARTMENT OF THE INTERIOR Office, 1011 East Tudor Road, and Interior to expedite applications to Anchorage, AK 99503; (800) 362–5148 construct or modify electricity Fish and Wildlife Service or (907) 786–3810. transmission and distribution facilities [FWS–R7–FHC–2010–N108; 71490–1351– SUPPLEMENTARY INFORMATION: On August within utility corridors. 0000–L5] 2, 2006, we published in the Federal Before including your address, phone Register a final rule (71 FR 43926) Letters of Authorization To Take number, e-mail address, or other establishing regulations that allow us to Marine Mammals personal identifying information in your authorize the nonlethal, incidental, comment, you should be aware that AGENCY: Fish and Wildlife Service, unintentional take of small numbers of your entire comment—including your Interior. polar bears and Pacific walrus during year-round oil and gas industry personal identifying information—may ACTION: Notice of issuance. exploration, development, and be made publicly available at any time. production activities in the Beaufort Sea While you can ask us in your comment SUMMARY: In accordance with the Marine Mammal Protection Act of 1972, and adjacent northern coast of Alaska. to withhold your personal identifying The rule established subpart J in part 18 information from public review, we as amended (MMPA), we, the Fish and Wildlife Service, have issued letters of of title 50 of the Code of Federal cannot guarantee that we will be able to Regulations (CFR) and is effective until do so. authorization for the nonlethal take of polar bears and Pacific walrus August 2, 2011. The rule prescribed a Authority: 40 CFR 1501.7, 43 CFR 1610.2, incidental to oil and gas industry process under which we issue letters of 36 CFR 219.35(b). exploration, development, and authorization (LOAs) to applicants conducting activities as described under Donald N. Gonzalez, production activities in the Beaufort Sea and the adjacent northern coast of the provisions of the regulations. In Vale District Manager, BLM. Alaska and incidental to oil and gas accordance with section 101(a)(5)(A) of Steven A. Ellis, industry exploration activities in the the MMPA and our regulations at 50 Forest Supervisor, Wallowa-Whitman Chukchi Sea and the adjacent western CFR part 18, subpart J, we issued an National Forest, FS. coast of Alaska. LOA to each of the following companies in the Beaufort Sea and adjacent [FR Doc. 2010–18220 Filed 7–26–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: northern coast of Alaska: BILLING CODE 4310–33–P Craig Perham at the Fish and Wildlife Service, Marine Mammals Management Beaufort Sea, Letters of Authorization

Company Activity Project Date issued

BP Exploration Alaska, Inc ... Development ...... Liberty Development Project ...... 04 January 2010. Brooks Range Petroleum Exploration ...... North Shore and Sak River Exploration Programs ...... 05 January 2010. Corp. Brooks Range Petroleum Exploration ...... North Tarn Exploration Program ...... 09 February 2010. Corp. ConocoPhillips Alaska, Inc ... Exploration ...... Seismic Exploration Program—Alpine 3D ...... 20 January 2010. ConocoPhillips Alaska, Inc ... Development ...... West Mikkelsen State #1 ...... 20 January 2010. Eni US Operating Co. Inc ..... Development ...... Nikaitchuq Development Program ...... 25 February 2010. ExxonMobil Production Com- Development ...... Point Thomson ...... 20 January 2010. pany. Marsh Creek, LLC ...... Development ...... Drew Point Test Well #1 ...... 03 February 2010. Savant Alaska, LLC ...... Development ...... Badami Unit Redevelopment Project ...... 29 January 2010. Shell Offshore, Inc ...... Development ...... On-Ice Argos Data Buoy Deployment Program ...... 04 January 2010. Shell Offshore, Inc ...... Exploration ...... Beaufort Open Water Marine Survey Program ...... 19 May 2010.

On June 11, 2008, we published in the industry exploration activities in the described under the provisions of the Federal Register a final rule (73 FR Chukchi Sea and adjacent western coast regulations. In accordance with section 33212) establishing regulations that of Alaska. The rule established subpart 101(a)(5)(A) of the MMPA and our allow us to authorize the nonlethal, I of 50 CFR part 18 and is effective until regulations at 50 CFR part 18, subpart I, incidental, unintentional take of small June 11, 2013. The rule prescribed a we issued an LOA to the following numbers of polar bears and Pacific process under which we issue LOAs to company in the Chukchi Sea: walrus during year-round oil and gas applicants conducting activities as Chukchi Sea, Letters of Authorization

Company Activity Project Date issued

Shell Offshore, Inc ...... Exploration ...... Chukchi Open Water Marine Survey Program ...... 19 May 2010.

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For information on other recent LOAs and Affiliated Tribes adopted its 277, 67 Stat. 588 (codified at 18 U.S.C. issued under 50 CFR part 18, subparts amended Liquor Ordinance by § 1161) and the Governing Resolution of I and J, see our notices published in the Resolution No. WT–10–31 on May 14, the Wichita and Affiliated Tribes Federal Register on December 8, 2009 2010. The purpose of this amended approved on Aug. 8, 1961, as amended, (74 FR 64710), and October 15, 2008 (73 Ordinance is to govern the sale, and applicable laws. FR 61158 and 61159). possession, and distribution of alcohol 103. Purpose. The purpose of this Dated: July 6, 2010. within Tribal lands of the Tribe. Liquor Ordinance is to regulate and to This notice is published in control the possession and sale of Timothy R. Jennings, accordance with the authority delegated Liquor and Low-Point Beer to and Acting Regional Director. by the Secretary of the Interior to the within the jurisdiction of the Wichita [FR Doc. 2010–18394 Filed 7–26–10; 8:45 am] Assistant Secretary—Indian Affairs. I and Affiliated Tribes. The enactment of BILLING CODE 4310–55–P certify that the Executive Committee of a Tribal ordinance governing Liquor the Wichita and Affiliated Tribes possession and sale within the Tribal adopted its amended Liquor Ordinance Lands will increase the ability of the DEPARTMENT OF THE INTERIOR by Resolution No. WT–10–31 on May Tribal government to control Liquor Bureau of Indian Affairs 14, 2010. distribution and possession, and Dated: July 18, 2010. provide an important source of revenue Liquor Ordinance of the Wichita and Paul Tsosie, for the continued operation and strengthening of the Tribal government Affiliated Tribes Chief of Staff, Office of the Assistant Secretary—Indian Affairs. and the delivery of Tribal government AGENCY: Bureau of Indian Affairs, services. The amended Liquor Ordinance of the Interior. 104. Jurisdiction. This Ordinance Prairie Band Potawatomi Nation reads ACTION: Notice. applies on all Tribal Lands. as follows: Definitions SUMMARY: This notice publishes the Liquor Ordinance of the Wichita and amended Liquor Ordinance of the Affiliated Tribes (Wichita, Keechi, 201. As used in this Liquor Wichita and Affiliated Tribes (amended Waco & Tawakonie) Ordinance, the following words shall Ordinance). The amended Ordinance have the following meanings unless the regulates and controls the possession, Findings context clearly requires otherwise. sale, and consumption of liquor within The Wichita and Affiliated Tribes 202. ‘‘Alcohol’’ means that substance the Tribal lands. The Tribal lands are (Wichita, Keechi, Waco & Tawakonie) known as ethyl alcohol, hydrated oxide located in Indian country and this (‘‘Tribe’’) is a Federally recognized of ethyl, or spirit or wine which is amended Ordinance allows for Indian Tribe, exercising jurisdiction commonly produced by the possession and sale of alcoholic over all Tribal Lands. fermentation or distillation of grain, beverages within their boundaries. This The Tribe’s Governing Resolution, starch, molasses, or sugar, or other amended Ordinance will increase the Article V, empowers the Executive substances including all dilutions of ability of the Tribal government to Committee of the Tribe to promulgate this substance. control the community’s liquor ordinances and resolutions for the 203. ‘‘Alcoholic Beverage’’ is distribution and possession, and at the Tribe. synonymous with the term ‘‘Liquor’’ as same time will provide an important The sale of Liquor and Low-Point defined in Section 208 of this Chapter. source of revenue for the continued Beer, subject to the terms and provisions 204. ‘‘Bar’’ means any establishment operation and strengthening of the of this Liquor Ordinance and all with special space and accommodations Tribal government and the delivery of applicable laws, will provide funds for for sale by the glass and for Tribal services. the continued operation and consumption on the premises of any DATES: Effective Date: This Amended strengthening of the Tribal government Liquor or alcoholic beverage, as herein Ordinance is effective on August 26, and the delivery of Tribal government defined. 2010. services. It may also produce capital 205. ‘‘Low-Point Beer’’ means and which the Tribe can use to further includes beverages containing more FOR FURTHER INFORMATION CONTACT: develop its economy. than one-half of one percent (1⁄2 of 1%) Sherry Lovin, Tribal Government The enactment of a Tribal Liquor alcohol by volume, and not more than Services Officer, Southern Plains Ordinance will also increase the ability three and two-tenths percent (3.2%) Regional Office, WCD Office Complex, of the Tribal government to control the alcohol by weight, including but not P.O. Box 368, Anadarko, OK 73005, distribution and possession of Liquor limited to beer or cereal malt beverages Telephone: (405) 247–1537, Fax (405) and Low-Point Beer within the Tribal obtained by the alcoholic fermentation 247–9240; or Elizabeth Colliflower, Lands. of an infusion of barley or other grain, Office of Indian Services, 1849 C Street, Now, Therefore, to permit the sale of malt or similar. For the purpose of this NW., Mail Stop 4513–MIB, Washington, Liquor subject to the necessary controls title, any such beverage, including ale, DC 20240, Telephone: (202) 513–7641. and to promote the health, safety and stout, and porter, containing more than SUPPLEMENTARY INFORMATION: Pursuant welfare of its members, the Executive 3.2% alcohol by weight shall be referred to the Act of August 15, 1953, Public Committee adopts this Liquor to as ‘‘Strong Beer.’’ Law 83–277, 67 Stat. 586, 18 U.S.C. Ordinance 206. ‘‘Executive Committee’’ as used 1161, as interpreted by the Supreme herein means the body authorized by Court in Rice v. Rehner, 463 U.S. 713 Introduction the Tribe’s Governing Resolution to (1983), the Secretary of the Interior shall 101. Title. This Ordinance shall be promulgate all Tribal ordinances and certify and publish in the Federal known as the ‘‘Liquor Ordinance of the regulations. Register notice of adopted liquor Wichita and Affiliated Tribes.’’ 207. ‘‘Council’’ means the Council of ordinances for the purpose of regulating 102. Authority. This Liquor the Tribe, which comprises all liquor transactions in Indian country. Ordinance is enacted pursuant to the individual members of the Tribe who The Executive Committee of the Wichita Act of August 15, 1953 (Pub. L. No. 83– are 18 years old or older.

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208. ‘‘Liquor’’ includes the four facility of the Tribe known as Sugar Ordinance, shall have the following varieties of Liquor herein defined Creek Casino exists, whose address is powers and duties: (Alcohol, Spirits, Wine, and Strong 4200 North Broadway, Hinton, a. To publish and enforce the rules Beer), but not including Low-Point Beer, Oklahoma 73047, described as: and regulations governing the sale, and all fermented spirituous, vinous, or All Interest in Surface and Surface manufacture, and distribution of malt Liquor or combination thereof, and Rights Only in and to a tract of land Alcoholic Beverages and Low-Point mixed Liquor, or otherwise intoxicating; lying in the Southwest Quarter (SW/4) Beer on Tribal Land; and every liquid or solid or semisolid or of Section Ten (10), Township Twelve b. To employ managers, accountants, other substance, patented or not, (12) North, Range Eleven (11) West of security personnel, inspectors, and such containing alcohol, spirits, wine or beer, the Indian Meridian, Caddo County, other persons as shall be reasonably and all drinks or drinkable liquids and Oklahoma, being particularly described necessary to allow the Executive all preparations or mixtures capable of as follows: Committee to perform its functions; human consumption and any liquid, COMMENCING at a Railroad Spike provided that all such employees shall semisolid, solid, or other substance, found for corner of the Southeast corner be Tribal employees; which contain more than one percent of of said Southwest Quarter (SW/4); c. To issue licenses permitting the alcohol by weight shall be conclusively THENCE North 00°15′47″ West, along sale or manufacture or distribution of deemed to be intoxicating. the East line of said Southwest Quarter Liquor and Low-Point Beer within the 209. ‘‘Liquor Store’’ means any store at (SW/4), a distance of 227.41 feet; Tribal Lands; which Liquor or Low-Point Beer is sold THENCE South 89°44′13″ West, a d. To hold hearings on violations of and, for the purposes of this Liquor distance of 70.03 feet to the POINT OF this Liquor Ordinance or for the Ordinance, includes stores only a BEGINNING, said point being on the issuance or revocation of licenses portion of which are devoted to sale of West Right of Way line of U.S. Highway hereunder pursuant to Section VI; Liquor or Low-Point Beer. 281 located 75.00 feet West of the e. To bring suit in the appropriate 210. ‘‘Package’’ means any container centerline of said Highway as set forth court to enforce this Liquor Ordinance or receptacle used for holding Liquor or by the Easement to the State of as necessary; Low-Point Beer. Oklahoma recorded at Book 79, Page f. To determine and seek damages for 211. ‘‘Public Place’’ includes State or 185; violation of this Liquor Ordinance; county or Tribal or Federal highways or THENCE South 89°40′46″ West, g. To make reports to the Council; roads; buildings and grounds used for perpendicular to said Right of Way line, h. To collect taxes and fees levied or school purposes; public dance halls and a distance of 208.00 feet; set by the Executive Committee, and to grounds adjacent thereto; soft drink THENCE South 00°19′14″ East, keep accurate records, books, and establishment; public buildings; public parallel to said Right of Way line, a accounts; meeting halls; lobbies, halls and dining distance of 143.29 feet; i. To exercise such other powers as rooms of hotels, restaurants, theaters, THENCE South 89°44′13″ West, authorized by Tribal law including the gaming facilities, entertainment centers, perpendicular to the East line of said Governing Resolution; and store garages, and filling stations which Southwest Quarter (SW/4), a distance of j. To delegate authorities under this are open to and/or are generally used by 292.50 feet; Liquor Ordinance to Subcommittees, the public and to which the public is THENCE North 00°15′47″ West, Commissions, or Boards. permitted to have unrestricted access; parallel to said East line, a distance of 302. Limitation on Powers. In the public conveyances of all kinds of 500.00 feet; exercise of its powers and duties under character; and all other places of like or THENCE North 89°44′13″ East, a this Liquor Ordinance, the Executive similar nature to which the general distance of 500.00 feet to a point on said Committee and its individual members public has unrestricted right of access, West Right of Way line; shall not accept any gratuity, and which are generally used by the THENCE South 00°19′14″ East, along compensation or other thing of value public. For the purpose of this Liquor said West Right of Way line, a distance from any Liquor or Low-Point Beer Ordinance, ‘‘Public Place’’ shall also of 356.50 feet to the POINT OF wholesaler, retailer, or distributor or include any establishment other than a BEGINNING. from any licensee. single family home which is designed Said tract of land containing 220,299 303. Inspection Rights. The premises for or may be used by more than just the square feet or 5.0574 acres, more or less. on which Liquor or Low-Point Beer is owner of the establishment. 216. ‘‘Trust Agent’’ means the Tribal sold or distributed shall be open for 212. ’’ Sale’’ and ‘‘Sell’’ include Tax Commission or his or her designee. inspection by the Executive Committee exchange, barter, and traffic and also 217. ‘‘Wine’’ means any alcoholic or its designee at all reasonable times, include the selling or supplying or beverage obtained by fermentation of which includes the hours the business distributing by any means whatsoever, fruits (grapes, berries, apples, etc.) or is open to the public, for the purposes of Liquor or Low-Point Beer, or of any other agricultural product containing of ascertaining whether this Liquor liquid known or described as beer or by sugar, to which any saccharine Ordinance and the rules and regulations any name whatsoever commonly used substances may have been added before, implementing this Liquor Ordinance are to describe malt or brewed Liquor or during or after fermentation, and being followed. containing not more than seventeen wine by any person to any person. Sales of Liquor or Low-Point Beer 213. ‘‘Spirits’’ means any beverage percent (17%) of alcohol by weight, which contains alcohol obtained by including sweet wines fortified with 401. Tribal Liquor or Low-Point Beer distillation including wines exceeding wine spirits such as port, sherry, License Required; Tribally Owned 17% of alcohol by weight. muscatel and angelica, not exceeding Businesses. No sales of Alcoholic 214. ‘‘Tribe’’ means the Wichita and seventeen percent (17%) of alcohol by Beverages or Low-Point Beer shall be Affiliated Tribes. weight. made on Tribal Land, except at a 215. ‘‘Tribal Lands’’ means the 5.0574 Tribally licensed or Tribally owned acres of land held in trust by the United Powers of Enforcement business. Nothing in this section shall States for the benefit of the Wichita and 301. Powers. The Executive prohibit a Tribal licensee or the Tribe Affiliated Tribes upon which a gaming Committee, in furtherance of this Liquor from purchasing Liquor or Low-Point

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Beer from a source outside the Tribe’s Committee. Said fee is established enforcement personnel and such other jurisdiction for resale on Tribal Lands or initially at $1,250.00 but can be changed law enforcement officials as may be the delivery to the Tribe or a Tribal by Executive Committee resolution at authorized under Federal, Oklahoma, or licensee of Liquor or Low-Point Beer any time; and Tribal law. purchased from sources outside Tribal f. Satisfactory proof that neither the d. The licensed premises shall be Lands for resale within the Tribal applicant, nor the applicant’s spouse, open to inspection by duly authorized Lands. Each location shall obtain and nor any principal owner, officer, Tribal officials at all times during the maintain a Tribal license from the shareholder, or director of the applicant, regular business hours. Executive Committee, or its designee, if an entity, has ever been convicted of e. Subject to the provisions of a felony or a crime of moral turpitude. for the sale of Liquor or Low-Point Beer. subsection ‘‘g’’ of this section, no Liquor 502. Hearing on Application for Such license may be for the sale of or Low-Point Beer shall be sold, served, Tribal Liquor or Low-Point Beer Liquor or Low-Point Beer for off- disposed of, delivered, or given to any premises or on-premises consumption. License. All applications for a Tribal Liquor or Low-Point Beer license shall person, or consumed on the licensed 402. Sale only on Tribal Land. All premises except in conformity with the Liquor and Low-Point Beer Sales shall be considered by the Executive Committee or its designee in open hours and days prescribed by the laws be on Tribal Land, including leases of the State of Oklahoma, and in thereon. session at which the applicant, his, her or its attorney, and any person accordance with the hours fixed by the 403. Sales for Cash. All Liquor and Executive Committee, provided that the Low-Point Beer sales shall be on a cash protesting the application shall have the right to be present, and to offer sworn licensed premises shall not operate or only basis and no credit shall be open earlier, or operate or close later, extended to any person, organization, or oral or documentary evidence relevant to the application. After the hearing, the than is permitted by the laws of the entity, except that this provision does State of Oklahoma. not prevent the use of ATM cards, debit Executive Committee shall determine cards, or major credit cards. whether to grant or deny the application f. No Liquor shall be sold within 200 404. Sale for Personal Consumption. based on: (1) Whether the requirements feet of a polling place on Tribal election All sales shall be for the personal use of section 501 have been met; and (2) days, or when a referendum is held of and consumption of the purchaser. whether the Executive Committee or its the people of the Tribe, and including Resale of any Alcoholic Beverage or designee, in its discretion, determines special days of observation as Low-Point Beer purchased within the that granting the license is in the best designated by the Executive Committee. Tribal Lands is prohibited. Any person interest of the Tribe. In the event that g. All acts and transactions under who is not licensed pursuant to this the applicant is a member of the authority of the Tribal Liquor and Low- Liquor Ordinance who purchases an Executive Committee, or the applicant is Point Beer license shall be in conformity Alcoholic Beverage or Low-Point Beer a member of the immediate family of an with the laws of the State of Oklahoma, on Tribal Land and sells it, whether in Executive Committee member, such with this Liquor Ordinance, with any the original container or not, shall be Executive Committee member shall not applicable Tribal rules and regulations, guilty of a violation of this Liquor vote on the application or participate in and with any Tribal Liquor or Low- Ordinance and shall be subject to the application hearing as an Executive Point Beer license issued pursuant to paying damages to the Tribe as set forth Committee member. this Liquor Ordinance. herein. 503. Temporary Permits. The h. No person under the age permitted Executive Committee or its designee under the laws of the State of Oklahoma Licensing may grant a temporary permit for the shall be sold, served, delivered, given, 501. Tribal Liquor and Low-Point sale of Liquor or Low-Point Beer for a or allowed to consume Alcoholic Beer License Requirements. No Tribal period not to exceed three (3) days to Beverages in the licensed establishment license shall be issued under this Liquor any person applying to the same in or area. Ordinance except upon a sworn connection with a Tribal or community i. There shall be no discrimination in application filed with the Executive activity, provided that the conditions the operations under the Tribal license Committee or its designee containing a prescribed in Section 504 of this Liquor by reason of sex, race, color, or creed, full and complete showing of the Ordinance shall be observed by the provided that Tribal licensees may following: permittee. Each permit issued shall adopt Tribal or Indian preference a. Satisfactory proof that the applicant specify the types of intoxicating policies. is or will be duly licensed by the State beverages to be sold. Further, a fee of 505. License Not a Property Right. of Oklahoma to sell Alcoholic Beverages $150.00 will be assessed on temporary Notwithstanding any other provision of or Low-Point Beer, whichever is permits. this Liquor Ordinance, a Tribal Liquor applicable; 504. Conditions of a Tribal Liquor or b. Satisfactory proof that the applicant Low-Point Beer License. Any Tribal or Low-Point Beer license is a mere is of good character and reputation and Liquor or Low-Point Beer license issued permit for a fixed duration of time. A that the applicant is financially under this Liquor Ordinance shall be Tribal Liquor or Low-Point Beer license responsible; subject to such reasonable conditions as shall not be deemed a property right or c. The description of the premises in the Executive Committee or its designee vested right of any kind, nor shall the which the Alcoholic Beverages or Low- shall fix including but not limited to the granting of a Tribal Liquor or Low-Point Point Beer are to be sold and proof that following: Beer license give rise to a presumption the applicant is the owner of such a. The license shall be for a term not of legal entitlement to a license or premises or the lessee of such premises to exceed one (1) year. permit in a subsequent time period. for at least the term of the license; b. The licensee shall at all times 506. Assignment or Transfer. No d. Agreement by the applicant to maintain an orderly, clean, and neat Tribal license issued under this Liquor accept and abide by all conditions of the establishment, both inside and outside Ordinance shall be assigned or Tribal license; the licensed premises. transferred without the prior written e. Payment of a fee established from c. The licensed premises shall be approval of the Executive Committee time to time by the Executive subject to patrol by Tribal law expressed by formal resolution.

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Civil Violations a requirement of finding a violation of contraband shall preserve the this Liquor Ordinance. contraband in accordance with 601. Sale or Possession With Intent to 608. Use of False or Altered appropriate law. Upon being found in Sell Without a Permit. Any person who Identification. Any person who attempts violation of this Liquor Ordinance by shall sell or offer for sale or distribute to purchase an Alcoholic Beverage or the Executive Committee, the party shall or transport in any manner, any Liquor Low-Point Beer through the use of a forfeit all right, title and interest in the or Low-Point Beer in violation of this false or altered identification shall be items seized which shall become the Liquor Ordinance, or who shall operate guilty of violating this Liquor property of the Tribe. or shall have Liquor or Low-Point Beer Ordinance. in his or her possession with intent to 609. Acceptable Identification. Where Taxes sell or distribute without a license or there may be a question of a person’s 701. Sales Tax. There is hereby levied permit, shall be guilty of a violation of right to purchase Liquor or Low-Point and shall be collected a tax on each sale this Liquor Ordinance. Beer by reason of his or her age, such of Alcoholic Beverages or Low-Point 602. Purchases From Other Than person shall be required to present any Beer on Tribal Land in the amount Licensed or Allowed Facilities. Any one of the following cards of determined by the Executive person who, within the Tribal Lands, identification which shows his or her Committee. The tax imposed by this buys Liquor or Low-Point Beer from any correct age and bears his or her section shall apply to all retail sales of person other than at a properly licensed signature and photograph: (1) A driver’s Liquor or Low-Point Beer on Tribal or allowed facility shall be guilty of a license of any State or identification Lands and shall preempt any tax violation of this Liquor Ordinance. card issued by any State department of imposed on such Liquor or Low-Point 603. Sales to Persons Under the motor vehicles; (2) United States active Beer sales by the State of Oklahoma. Influence of Liquor or Low-Point Beer. duty military; (3) a passport, or (4) a 702. Payment of Taxes to Tribe. All Any person who sells Liquor to a person Tribal enrollment or identification card taxes from the sale of Alcoholic apparently under the influence of issued by any Federally recognized Beverages or Low-Point Beer on Tribal Liquor or Low-Point Beer shall be guilty Indian Tribe. Lands shall be paid over to the Trust 610. Violations of this Liquor of a violation of this Liquor Ordinance. Agent of the Tribe. Ordinance. Any person guilty of a 604. Consuming Liquor in Public 703. Taxes Due. All taxes from the violation of this Ordinance shall be Conveyance. Any person engaged sale of Alcoholic Beverages and Low- liable to pay the Tribe a civil fine not wholly or in part in the business of Point Beer on Tribal Lands are due to exceed $1,000 per violation as civil carrying passengers for hire, and every within thirty (30) days of the end of the agent, servant or employee or such damages to defray the Tribe’s cost of enforcement of this Liquor Ordinance. calendar quarter for which the taxes are person who shall knowingly permit any due. person to drink any Liquor or Low-Point In addition to any penalties so imposed, any license or permit issued hereunder 704. Reports. Along with payment of Beer in any public conveyances shall be the taxes imposed herein, the taxpayer guilty of an offense. Any person who may be suspended or canceled by the Executive Committee for the violation of shall submit an accounting for the shall drink any Liquor in a public quarter of all income from the sale or conveyance shall be guilty of a violation any of the provisions of this Liquor Ordinance, or of the Tribal license or distribution of Alcoholic Beverages and of this Liquor Ordinance. permit, upon hearing before the Low-Point Beer as well as for the taxes 605. Consumption or Possession of Executive Committee after ten (10) days’ collected. Liquor or Low-Point Beer by Persons notice to the licensee. The decision of 705. Audit. As a condition of Under 21 Years of Age. No person under the Executive Committee shall be final obtaining a license, the licensee must the age of 21 years shall consume, and no appeal therefrom is allowed. agree to the review or audit of its books acquire, or have in his or her possession Notice of an Executive Committee and records relating to the sale of any Liquor or Low-Point Beer. No hearing regarding an alleged violation of Alcoholic Beverages and Low-Point person shall permit any other person this Ordinance shall be given to the Beer on Tribal Lands. Said review or under the age of 21 to consume Liquor affected individual(s) or entities at least audit may be done annually by the Tribe or Low-Point Beer on his or her ten (10) days in advance of the hearing. through its agents or employees premises or any premises under his or The notice will be delivered in person whenever, in the opinion of the her control except in those situations set or by certified mail with the Executive Executive Committee, such a review or out in this section. Any person violating Committee retaining proof of service. audit is necessary to verify the accuracy this section shall be guilty of a separate The notice will set out the right of the of reports. violation of this Liquor Ordinance for alleged violation to be represented by Profits each and every drink so consumed. Counsel retained by the alleged violator, 606. Sales of Liquor or Low-Point the right to speak and to present 801. Disposition of Proceeds. The Beer to Persons Under 21 Years of Age. witnesses and to cross examine any gross proceeds collected by the Any person who shall sell or provide witnesses against them. Executive Committee from all licensing Liquor or Low-Point Beer to any person 611. Possession of Liquor or Low- provided under this Liquor Ordinance, under the age of 21 years shall be guilty Point Beer Contrary to This Liquor or the imposition of civil penalties for of a violation of this Liquor Ordinance Ordinance. Liquor or Low-Point Beer violating this Ordinance, or from the for each sale or drink provided. possessed contrary to the terms of this taxation of the sales of Alcoholic 607. Transfer of Identification to Liquor Ordinance are declared to be Beverages and Low-Point Beer on Tribal Minor. Any person who transfers in any contraband. Any Tribal agent, Lands, shall be distributed as follows: manner an identification of age to a employee, or officer who is authorized a. For the payment of all necessary minor for the purpose of permitting by the Executive Committee to enforce personnel, administrative costs, and such minor to obtain Liquor or Low- this section shall have the authority to, legal fees for the operation and its Point Beer shall be guilty of an offense; and shall, seize all contraband. activities. provided, that corroborative testimony 612. Disposition of Seized b. The remainder shall be turned over of witness other than the minor shall be Contraband. Any officer seizing to the Trust Agent.

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Severability and Miscellaneous such Tribal court as may be established accessing its Internet server at http:// 901. Severability. If any provision or in its place, shall have exclusive www.usitc.gov. The public record for application of this Liquor Ordinance is jurisdiction over any dram-shop action this investigation may be viewed on the determined upon review by a court of against a Tribal Liquor or Low-Point Commission’s electronic docket (EDIS) competent jurisdiction to be invalid, Beer licensee. at http://edis.usitc.gov. such adjudication shall not be held to [FR Doc. 2010–18319 Filed 7–26–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: render ineffectual the remaining BILLING CODE 4310–4J–P Thomas S. Fusco, Esq., Office of Unfair portions of this Ordinance or to render Import Investigations, U.S. International such provisions inapplicable to other Trade Commission, telephone (202) persons or circumstances. INTERNATIONAL TRADE 205–2571. 902. Prior Enactments. Any and all COMMISSION Authority: The authority for institution of prior ordinances, resolutions or [Inv. No. 337–TA–729] this investigation is contained in section 337 enactments of the Executive Committee of the Tariff Act of 1930, as amended, and which are inconsistent with the Certain Semiconductor Products Made in section 210.10 of the Commission’s Rules provisions of this Liquor Ordinance are by Advanced Lithography Techniques of Practice and Procedure, 19 CFR 210.10 (2010). hereby repealed. and Products Containing Same; Notice 903. Conformance with Tribal, State, of Investigation and Federal Law. This Ordinance Scope of Investigation: Having conforms with all Tribal law and AGENCY: U.S. International Trade considered the complaint, the U.S. governing documents. All provisions Commission. International Trade Commission, on July 20, 2010, ordered that — and transactions under this Ordinance ACTION: Institution of investigation (1) Pursuant to subsection (b) of shall be in conformity with Oklahoma pursuant to 19 U.S.C. 1337. State law regarding the sale of Alcoholic section 337 of the Tariff Act of 1930, as Beverages and Low-Point Beer to the SUMMARY: Notice is hereby given that a amended, an investigation be instituted extent required by 18 U.S.C. § 1161, complaint was filed with the U.S. to determine whether there is a provided that § 1161 shall not be International Trade Commission on June violation of subsection (a)(1)(B) of deemed to waive Tribal sovereign 23, 2010, under section 337 of the Tariff section 337 in the importation into the immunity in any respect, and with all Act of 1930, as amended, 19 U.S.C. United States, the sale for importation, Federal laws regarding alcohol in Indian 1337, on behalf of STC.UNM of or the sale within the United States after country. Albuquerque, New Mexico. A importation of certain semiconductor 904. Enforcement. All actions brought supplement to the complaint was filed products made by advanced lithography by the Executive Committee to enforce on July 15, 2010. The complaint alleges techniques or products containing same the provisions of this Ordinance shall be violations of section 337 based upon the that infringe one or more of claims 1, 6, filed in the Court of Indian Offenses for importation into the United States, the and 7 of U.S. Patent No. 6,042,998, and the Wichita and Affiliated Tribes, or sale for importation, and the sale within whether an industry in the United such Tribal court as may be established the United States after importation of States exists as required by subsection in its place, which shall have exclusive certain semiconductor products made (a)(2) of section 337; jurisdiction over the enforcement and by advanced lithography techniques and (2) For the purpose of the interpretation of this Ordinance. products containing same by reason of investigation so instituted, the following 905. Effective Date. This Ordinance infringement of certain claims of U.S. are hereby named as parties upon which becomes effective as of the date the Patent No. 6,042,998. The complaint this notice of investigation shall be Secretary of the Interior certifies the further alleges that an industry in the served: Ordinance and publishes it in the United States exists as required by (a) The complainant is: STC.UNM, Federal Register. subsection (a)(2) of section 337. 801 University Blvd., SE., Suite 101, Albuquerque, New Mexico 87106. Amendment The complainant requests that the Commission institute an investigation (b) The respondents are the following 1001. Amendment or Repeal. This and, after the investigation, issue an entities alleged to be in violation of Ordinance may be amended or repealed exclusion order and a cease and desist section 337, and are the parties upon by a majority vote of the Executive order. which the complaint is to be served: Committee. Amendments of this ADDRESSES: The complaint, except for Taiwan Semiconductor Manufacturing, Ordinance will be published in the Company Limited, 8, Li-Hsin Rd. 6, Federal Register to become effective. any confidential information contained therein, is available for inspection Hsinchu Science Park, Hsinchu, Sovereign Immunity during official business hours (8:45 a.m. Taiwan 300–77. 1101. Nothing contained in this to 5:15 p.m.) in the Office of the Samsung Electronics Company Limited, Liquor Ordinance is intended to nor Secretary, U.S. International Trade 250, Taepyongro 2-ga, Jung-gu, Seoul does in anyway limit, alter, restrict, or Commission, 500 E Street, SW., Room 100–742, South Korea. waive the Tribe’s sovereign immunity 112, Washington, DC 20436, telephone (c) The Commission investigative from unconsented suit or action. Tribal 202–205–2000. Hearing impaired attorney, party to this investigation, is Liquor and Low-Point Beer licensees individuals are advised that information Thomas S. Fusco, Esq., Office of Unfair entitled to assert the defense of Tribal on this matter can be obtained by Import Investigations, U.S. International sovereign immunity shall not be contacting the Commission’s TDD Trade Commission, 500 E Street, SW., deemed to have waived that immunity terminal on 202–205–1810. Persons Suite 401, Washington, DC 20436; and in any dram-shop action in any court with mobility impairments who will (3) For the investigation so instituted, whether Tribal, Federal, or State. need special assistance in gaining access the Honorable Paul J. Luckern, Chief to the Commission should contact the Administrative Law Judge, U.S. Dram-Shop Actions Office of the Secretary at 202–205–2000. International Trade Commission, shall 1201. The Court of Indian Offense for General information concerning the designate the presiding Administrative the Wichita and Affiliated Tribes, or Commission may also be obtained by Law Judge.

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Responses to the complaint and the mail mail to: information submitted on Form 5000–1, notice of investigation must be [email protected]. MSHA issues certification cards that submitted by the named respondents in Interested parties are encouraged to identify these individuals as qualified to accordance with section 210.13 of the send written comments to the Office of perform certain tasks at the mine. For Commission’s Rules of Practice and Information and Regulatory Affairs, additional information, see related Procedure, 19 CFR 210.13. Pursuant to Attn: OMB Desk Officer for the notice published in the Federal Register 19 CFR 201.16(d)–(e) and 210.13(a), Department of Labor—Mine Safety and on February 4, 2010 (Vol. 75, page such responses will be considered by Health Administration (MSHA), Office 5808). the Commission if received not later of Management and Budget, 725 17th Dated:July 8, 2010. than 20 days after the date of service by St., NW., Room 10235, Washington, DC Linda Watts Thomas, the Commission of the complaint and 20503, Telephone: 202–395–4816/Fax Acting Departmental Clearance Officer. the notice of investigation. Extensions of 202–395–5806 (these are not toll-free [FR Doc. 2010–18349 Filed 7–26–10; 8:45 am] time for submitting responses to the numbers), e-mail: complaint and the notice of [email protected] within BILLING CODE 4510–79–P investigation will not be granted unless 30 days from the date of this publication good cause therefor is shown. in the Federal Register. In order to DEPARTMENT OF LABOR Failure of the respondent to file a ensure the appropriate consideration, timely response to each allegation in the comments should reference the Office of the Secretary; Submission for complaint and in this notice may be applicable OMB Control Number (see OMB review; comment request deemed to constitute a waiver of the below). right to appear and contest the The OMB is particularly interested in ACTION: Submission for OMB Review; allegations of the complaint and this comments which: Comment Request. notice, and to authorize the (1) Evaluate whether the proposed SUMMARY: The Department of Labor administrative law judge and the collection of information is necessary (DOL) hereby announces the submission Commission, without further notice to for the proper performance of the functions of the agency, including of the following public information the respondent, to find the facts to be as collection request (ICR) to the Office of alleged in the complaint and this notice whether the information will have practical utility; Management and Budget (OMB) for and to enter an initial determination review and approval in accordance with and a final determination containing (2) Evaluate the accuracy of the agency’s estimate of the burden of the the Paperwork Reduction Act of 1995 such findings, and may result in the (Pub. L. 104–13, 44 U.S.C. chapter 35). issuance of an exclusion order or a cease proposed collection of information, including the validity of the A copy of this ICR, with applicable and desist order or both directed against supporting documentation; including, the respondent. methodology and assumptions used; (3) Enhance the quality, utility, and among other things, a description of the Issued: July 21, 2010. clarity of the information to be likely respondents, proposed frequency By order of the Commission. collected; and of response, and estimated total burden Marilyn R. Abbott, (4) Minimize the burden of the may be obtained from the RegInfo.gov Secretary to the Commission. collection of information on those who Web site at http://www.reginfo.gov/ public/do/PRAMain or by contacting [FR Doc. 2010–18272 Filed 7–26–10; 8:45 am] are to respond, including through the Linda Watts Thomas on 202–693–4223 BILLING CODE 7020–02–P use of appropriate automated, electronic, mechanical, or other (this is not a toll-free number) and technological collection techniques or e-mail mail to: _ _ other forms of information technology, DOL PRA [email protected]. Interested parties are encouraged to DEPARTMENT OF LABOR e.g., permitting electronic submission of responses. send written comments to the Office of Office of the Secretary; Submission for Agency: Mine Safety and Health Information and Regulatory Affairs, OMB Review; Comment Request Administration. Attn.: OMB Desk Officer for the Type of Review: Revision of a Department of Labor—Mine Safety and ACTION: Submission for OMB Review; currently approved collection. Health Administration (MSHA), Office Comment Request. Title: Certificate of Electrical Training. of Management and Budget, 725 17th OMB Control Number: 1219–0001. Street, NW., Room 10235, Washington, SUMMARY: The Department of Labor Frequency: Mandatory. DC 20503, Telephone: 202–395–4816/ (DOL) hereby announces the submission Form Number: MSHA Form 5000–1. Fax 202–395–5806 (these are not toll- of the following public information Affected Public: Business or other for- free numbers), e-mail: collection request (ICR) to the Office of profit, State, Local, or Tribal [email protected] within Management and Budget (OMB) for Governments. 30 days from the date of this publication review and approval in accordance with Cost to Federal Government: $54,045. in the Federal Register. In order to the Paperwork Reduction Act of 1995 Total Burden Respondents: 17,960. ensure the appropriate consideration, (Pub. L. 104–13, 44 U.S.C. chapter 35). Total Number of Responses: 2,796. comments should reference the A copy of this ICR, with applicable Total Burden Hours: 890. applicable OMB Control Number (see supporting documentation; including, Total Hour Burden Cost (operating/ below). among other things, a description of the maintaining): $29,483. The OMB is particularly interested in likely respondents, proposed frequency Description: MSHA Form 5000–1, comments which: of response, and estimated total burden ‘‘Certificate of Electrical Training,’’ is (1) Evaluate whether the proposed may be obtained from the RegInfo.gov required to be used by instructors for collection of information is necessary Web site at http://www.reginfo.gov/ reporting to MSHA the qualifications of for the proper performance of the public/do/PRAMain or by contacting those persons who have satisfactorily functions of the agency, including Linda Watts Thomas on 202–693–4223 completed a coal mine electrical whether the information will have (this is not a toll-free number) and e- training program. Based on the practical utility;

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(2) Evaluate the accuracy of the Dated: July 8, 2010. are to respond, including through the agency’s estimate of the burden of the Linda Watts Thomas, use of appropriate automated, proposed collection of information, Acting Departmental Clearance Officer. electronic, mechanical, or other including the validity of the [FR Doc. 2010–18350 Filed 7–26–10; 8:45 am] technological collection techniques or methodology and assumptions used; BILLING CODE 4510–79–P other forms of information technology, (3) Enhance the quality, utility, and e.g., permitting electronic submission of clarity of the information to be responses. DEPARTMENT OF LABOR collected; and Agency: Mine Safety and Health (4) Minimize the burden of the Administration. collection of information on those who Office of the Secretary; Submission for are to respond, including through the OMB review; Comment Request Type of Review: Revision of currently approved collection. use of appropriate automated, ACTION: Submission for OMB review; electronic, mechanical, or other comment request. Title of Collection: Ventilation Plans, technological collection techniques or Tests, and Examinations in other forms of information technology, SUMMARY: The Department of Labor Underground Coal Mines. e.g., permitting electronic submission of (DOL) hereby announces the submission OMB Control Number: 1219–0088. responses. of the following public information Frequency: Mandatory. Agency: Mine Safety and Health collection request (ICR) to the Office of Administration. Management and Budget (OMB) for Affected Public: Business or other for Type of Review: Revision of a review and approval in accordance with profits. currently approved collection. the Paperwork Reduction Act of 1995 Cost to Federal Government: Title of Collection: Application for a (Pub. L. 104–13, 44 U.S.C. chapter 35). $188,426. A copy of this ICR, with applicable Permit to Fire More than 20 Boreholes Total Burden Respondents: 457. for the use of Nonpermissible Blasting supporting documentation; including, Units, Explosives and Shot-firing Units. among other things, a description of the Total Number of Responses: likely respondents, proposed frequency 1,022,636. OMB Control Number: 1219–0025. of response, and estimated total burden Total Burden Hours: 1,363,130. Frequency: Mandatory. may be obtained from the RegInfo.gov Affected Public: Business or other for- Web site at http://www.reginfo.gov/ Total Hour Burden Cost (operating/ profit. public/do/PRAMain or by contacting maintaining): $176,213. Cost to Federal Government: $8,902. Linda Watts Thomas on 202–693–4223 Description: The Department of Labor, Total Burden Respondents: 68. (this is not a toll-free number) and e- as part of its continuing effort to reduce Total Number of Responses: 101. mail mail to: paperwork and respondent burden [email protected]. Total Burden Hours: 79. conducts a pre-clearance consultation Interested parties are encouraged to program to provide the general public Total Hour Burden Cost (operating/ send written comments to the Office of maintaining): $614. and Federal agencies with an Information and Regulatory Affairs, opportunity to comment on proposed Description: Under section 313 of the Attn.: OMB Desk Officer for the and/or continuing collections of Federal Mine Safety and Health Act of Department of Labor—Mine Safety and information in accordance with the 1977 (Mine Act), 30 U.S.C. 873, any Health Administration, Room 10235, Paperwork Reduction Act of explosives used in underground coal Washington, DC 20503, Telephone: 1995(PRA95) [44 U.S.C. 3506(c)(2)(A)]. mines must be permissible. The Mine (202) 395–4816/Fax (202) 395–5806 This program helps to ensure that Act also provides that, under safeguards (these are not toll-free numbers), e-mail: requested data can be provided in the prescribed by the Secretary of Labor, a [email protected] within mine operator may permit the firing of 30 days from the date of this publication desired format, reporting burden (time more than 20 shots and the use of in the Federal Register. In order to and financial resources) is minimized, nonpermissible explosives in sinking ensure the appropriate consideration, collection instruments are clearly shafts and slopes from the surface in comments should reference the understood, and the impact of collection rock. Title 30 CFR 75.1321 outlines the applicable OMB Control Number (see requirements on respondents can be procedures by which a permit may be below). properly assessed. Currently, the Mine issued for the firing of more than 20 The OMB is particularly interested in Safety and Health Administration boreholes and/or the use of comments which: (MSHA) is soliciting comments nonpermissible shot-firing units in (1) Evaluate whether the proposed concerning the extension of the underground coal mines. In those collection of information is necessary information collection related to the 30 instances in which there is a misfire of for the proper performance of the CFR 75.310, 75.312, 75.342, 75.351, explosives, 30 CFR 75.1327 requires that functions of the agency, including 75.360, 75.361, 75.362, 75.363, 75.364, a qualified person post each accessible whether the information will have 75.370, 75.371, and 75.382. For entrance to the affected area with a practical utility; additional information, see related warning to prohibit entry. Title 30 CFR (2) Evaluate the accuracy of the notice published in the Federal Register 77.1909–1 outlines the procedures by agency’s estimate of the burden of the on January 12, 2010, (Vol. 75 page which a coal mine operator may apply proposed collection of information, 1655). for a permit to use nonpermissible including the validity of the explosives and/or shot-firing units in methodology and assumptions used; Dated: July 9, 2010. the blasting of rock while sinking shafts (3) Enhance the quality, utility, and Linda Watts Thomas, or slopes for underground coal mines. clarity of the information to be Acting Departmental Clearance Officer. For additional information, see related collected; and [FR Doc. 2010–18351 Filed 7–26–10; 8:45 am] notice published in the Federal Register (4) Minimize the burden of the BILLING CODE 4510–43–P on January 29, 2010 (Vol. 75 page 4848). collection of information on those who

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LEGAL SERVICES CORPORATION litigation involving LSC, consider and Counsel’s Certification that in his may act on a report from the Operations opinion the closing is authorized by law Sunshine Act Meetings of the Board of & Regulations Committee regarding an will be available upon request. Directors; Notice employee benefits matter, and hear MATTERS TO BE CONSIDERED: briefings by LSC’s President and DATE AND TIME: The Legal Services Inspector General.2 Friday, July 20, 2010 Corporation Board of Directors will A verbatim written transcript will be Promotion and Provision for the meet on July 30–31, 2010. On Friday made of the closed session of the Board Delivery of Legal Services Committee July 30, the meeting will commence at meeting. However, the transcript of any 3:15 p.m., Central Time. On July 31, the portions of the closed session falling Agenda first meeting will commence at 8:30 within the relevant provisions of the 1. Approval of agenda. a.m., Central Time. On each of these two Government in the Sunshine Act, 5 2. Approval of Minutes of the days, each meeting other than the first U.S.C. 552b(c)(2) and (9)(B), and the Committee’s meeting of April 16, 2010. meeting of the day will commence corresponding provisions of the Legal 3. Consider and act on proposed promptly upon adjournment of the Services Corporation’s implementing revised Committee Charter. immediately preceding meeting. regulation, 45 CFR 1622.5(a) and (g), Staff report—Karen Sarjeant, Vice LOCATION: The Hyatt Regency Hotel, 333 will not be available for public President for Program and Compliance. West Kilbourn Avenue, Milwaukee, inspection. A copy of the General 4. Public comment. Wisconsin. Counsel’s Certification that in his 5. Consider and act on other business. opinion the closing is authorized by law 6. Consider and act on adjournment of PUBLIC OBSERVATION: Unless otherwise meeting. noticed, all meetings of the LSC Board will be available upon request. • of Directors are open to public Governance & Performance Review Governance and Performance Review observation. Members of the public that Committee—Open, except that a portion Committee of the meeting of the Governance & are unable to attend but wish to listen Agenda to a public proceeding may do so by Performance Review Committee may be following the telephone call-in closed to the public pursuant to a vote Open Session directions given below. You are asked to of the Board of Directors so the 1. Approval of agenda. keep your telephone muted to eliminate Committee can act and consider a 2. Approval of minutes of the background noises. From time to time records retention matter. A verbatim Committee’s meeting of April 17, 2010. the presiding Chair may solicit written transcript will be made of the 3. Staff report on Virtual Board comments from the public. closed session of the Committee Manual. meeting. However, the transcript of any CALL-IN DIRECTIONS FOR OPEN SESSIONS: 4. Consider and act on Committee portions of the closed session falling • Call toll-free number: 1–(866) 451– Self-Evaluation Forms. within the relevant provisions of the 5. Discussion of LSC research agenda, 4981; Government in the Sunshine Act, 5 goals, methods, and areas of • When prompted, enter the U.S.C. 552b(c)(2), and the corresponding concentration. following numeric pass code: provisions of the Legal Services 6. Issues from the OIG OLA Report. 5907707348; Corporation’s implementing regulation, 7. Consider and act on other business. • When connected to the call, please 45 CFR 1622.5(a) will not be available 8. Public Comment. ‘‘MUTE’’ your telephone immediately. for public inspection. A copy of the Closed Session General Counsel’s Certification that in MEETING SCHEDULE his opinion the closing is authorized by 9. Consider and act on records retention matter. Time 1 law will be available upon request. • Operations & Regulations 10. Consider and act on motion to adjourn meeting. Friday, July 30, 2010: Committee—Open, except that a portion 1. Promotion & Provision for the 3:15 of the meeting of the Operations & Operations & Regulations Committee Delivery of Legal Services p.m. Regulations Committee may be closed to Committee (‘‘Promotions & the public pursuant to a vote of the Agenda Provisions Committee’’). Board of Directors so the Committee can Open Session 2. Governance & Performance act and consider an employee benefits 1. Approval of agenda. Review Committee matter. A verbatim written transcript 3. Operations & Regulations 2. Approval of minutes of the Committee will be made of the closed session of the Committee’s meeting of April 17, 2010. Saturday, July 31, 2010: Committee meeting. However, the 3. Approval of minutes of the 4. Finance Committee ...... 8:30 transcript of any portions of the closed Committee’s joint meeting of June 15, a.m. session falling within the relevant 2010 with the Audit Committee. 5. Audit Committee provisions of the Government in the 4. Consider and act on potential 6. Board of Directors Sunshine Act, 5 U.S.C. 552b(c)(2), and initiation of rulemaking to amend 45 1 Please note that all times in this notice are the corresponding provisions of the CFR part 1622 to remove from its in the Central Time zone. Legal Services Corporation’s requirements the Board’s Search and implementing regulation, 45 CFR Development Committees and the STATUS OF MEETING: Open, except as 1622.5(a) will not be available for public Board’s Governance & Performance noted below. inspection. A copy of the General Review Committee when it is meeting to • Board of Directors—Open, except consider performance evaluations of the that a portion of the meeting of the 2 Any portion of the closed session consisting President and the Inspector General. Board of Directors may be closed to the solely of staff briefings does not fall within the • Presentation by Mattie Cohan, public pursuant to a vote of the Board Sunshine Act’s definition of the term ‘‘meeting’’ Senior Assistant General Counsel. of Directors who will consider and and, therefore, the requirements of the Sunshine • Act do not apply to such portion of the closed Comment by Laurie Tarantowicz, perhaps act on the General Counsel’s session. 5 U.S.C. 552b(a)(2) and (b). See also 45 CFR Assistant Inspector General and Legal report on potential and pending 1622.2 & 1622.3. Counsel.

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• Public Comment. Audit Committee Washington, DC, the property housing 5. Consider and act on the proposed LSC’s offices. 2011 Grant Assurances. Agenda 6. Chairman’s Report. • Presentation by Karen Sarjeant, 10. Approval of agenda. 7. Members’ Reports. Vice President for Programs and 11. Approval of minutes of the 8. President’s Report. Compliance. Committee’s April 17, 2010 meeting. 9. Inspector General’s Report. • Public Comment. 12. Approval of minutes of the 10. Consider and act on the report of 6. Public comment. Committee’s June 15, 2010 joint meeting the Search Committee for LSC President. 7. Consider and act on other business. with the Operations and Regulations 11. Consider and act on the report of the Promotion & Provision for the Closed Session Committee. 13. Report on 403(b) plan Delivery of Legal Services Committee. 8. Consider and act on an employee performance and annual audit and 12. Consider and act on the report of benefits matter. consider and act on changes to LSC’s the Finance Committee. 9. Consider and act on adjournment of 403(b) Plan. 13. Consider and act on the report of meeting. • Alice Dickerson, Director of Human the Audit Committee. 14. Consider and act on the report of Saturday, July 31, 2010 Resources. • Mark Freedman, Office of Legal the Operations & Regulations Finance Committee Affairs. Committee. 15. Consider and act on the report of Agenda 14. Report on TIG grants management. • Janet LaBella, Director, Office of the Governance & Performance Review 1. Approval of agenda. Program Performance. Committee. 2. Approval of the minutes of the 16. Consider and act on Resolution • Glenn Rawdon, TIG program Committee’s meeting of April 17, 2010. 2010–XXX recognizing the late Edna counsel. 3. Consider and act on potential Fairbanks-Williams and her • David Richardson, Treasurer and advisory committee member for the contributions to the civil legal services Comptroller. Finance Committee. community. 15. Report on timely issuance of OCE 4. Presentation on LSC’s Financial 17. Consider and act on whether to and OPP program visit reports. Reports for the first eight months of FY establish a Development Committee and • Karen Sarjeant, Vice President for 2010. related proposed Charter, Resolution Programs and Compliance. • Presentation by David Richardson, 2010–XXX. Treasurer/Comptroller. 16. Consider and act on Resolution 18. Staff Report on Strategic 5. Consider and act on revisions to the 2010–XXX regarding future Directions performance measures for Consolidated Operating Budget for FY amendments to the LSC Accounting 2006–2010. 2010 including internal budgetary Manual. 19. Consider and act on designation of adjustments and recommend Resolution 17. Consider and act on complaint new LSC Ethics Officer. 2010–XXX to the full Board. procedure for audit committee. 20. Staff Report on the provision of • Presentation by David Richardson, 18. Review of internal controls civil legal services to veterans. associated with grant awards. 21. Consider and act on Meeting Treasurer/Comptroller. • 6. Consider and act on proposed 2010 Karen Sarjeant, Vice President for Schedule for calendar year 2011. Programs and Compliance. 22. Public comment. pay increase. • • Presentation by Victor Fortuno, Janet LaBella, Director, Office of 23. Consider and act on other President. Program Performance. business. • • Comments by David Richardson, David Richardson, Treasurer and 24. Consider and act on whether to Treasurer/Comptroller. Comptroller. authorize an executive session of the • Comments by Jeffrey Schanz, 19. Briefing by Inspector General. Board to address items listed below • Inspector General. Jeffrey Schanz, Inspector General. under Closed Session. 7. Consider and act on the Temporary 20. Public comment. Closed Session Operating Budget for FY 2011 and 21. Consider and act on other recommend Resolution 2010–XXX to the business. 25. Approval of minutes of the full Board for action. 22. Consider and act on adjournment Board’s April 17, 2010 Closed Session • Presentation by David Richardson, of meeting. meeting. 26. Consider and act on General Treasurer/Comptroller. Board of Directors 8. Discussion of FY 2012 Budget Counsel’s report on potential and Request considerations. Agenda pending litigation involving LSC. 9. Consider and act on amendment to Open Session 27. Consider and act on report of the LSC’s 403(b) plan. Governance & Performance Review • Presentation by Alice Dickerson, 1. Approval of agenda. Committee regarding a records retention Director of Human Resources. 2. Approval of Minutes of the Board’s matter. • Comments by Mark Freedman, Open Session meeting of April 17, 2010. 28. Consider and act on report of the Office of Legal Affairs. 3. Approval of Minutes of the Board’s Operations & Regulations Committee 10. Staff report on the Loan Open Session Telephonic meeting of regarding an employee benefits matter. Repayment Assistance Program May 19, 2010. 29. IG briefing of the Board. (‘‘LRAP’’). 4. Approval of Minutes of the Board’s 30. Consider and act on motion to • Bristow Hardin, Program Analyst, Open Session Telephonic meeting of adjourn meeting. Office of Program Performance. June 15, 2010. Contact Person for Information: 11. Public comment. 5. Consider and act on report from Katherine Ward, Executive Assistant to 12. Consider and act on other Thomas Smegal, Chairman, Board of the Vice President & General Counsel, at business. Directors of Friends of the Legal (202) 295–1500. Questions may be sent 13. Consider and act on adjournment Services Corporation, regarding by electronic mail to of meeting. ownership of 3333 K Street, NW., [email protected].

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Special Needs: Upon request, meeting NATIONAL CREDIT UNION following amendment requests involve notices will be made available in ADMINISTRATION no significant hazards consideration. alternate formats to accommodate visual Under the Commission’s regulations in and hearing impairments. Individuals Sunshine Act; Notice of Agency Title 10 of the Code of Federal who have a disability and need an Meeting Regulations (10 CFR), Section 50.92, accommodation to attend the meeting this means that operation of the facility may notify Katherine Ward, at (202) TIME AND DATE: 9 a.m., Friday, July 30, in accordance with the proposed 295–1500 or 2010. amendment would not (1) involve a [email protected]. PLACE: Board Room, 7th Floor, Room significant increase in the probability or 7047, 1775 Duke Street, Alexandria, VA Dated: July 23, 2010. consequences of an accident previously 22314–3428. evaluated; or (2) create the possibility of Patricia D. Batie, STATUS: Closed. a new or different kind of accident from Corporate Secretary. MATTER TO BE CONSIDERED: any accident previously evaluated; or [FR Doc. 2010–18579 Filed 7–23–10; 4:15 pm] 1. Consideration of Supervisory (3) involve a significant reduction in a BILLING CODE 7050–01–P Activities (3). Closed pursuant to some margin of safety. The basis for this or all of the following exemptions: (8), proposed determination for each (9)(A)(ii) and (9)(B). amendment request is shown below. The Commission is seeking public FOR FURTHER INFORMATION CONTACT: NATIONAL CREDIT UNION comments on this proposed Mary Rupp, Secretary of the Board, ADMINISTRATION determination. Any comments received Telephone: 703–518–6304. within 30 days after the date of Sunshine Act; Notice of Agency Mary Rupp, publication of this notice will be Meeting Board Secretary. considered in making any final [FR Doc. 2010–18506 Filed 7–23–10; 4:15 pm] determination. TIME AND DATE: 10 a.m., Thursday, July Normally, the Commission will not BILLING CODE P 29, 2010. issue the amendment until the PLACE: Board Room, 7th Floor, Room expiration of 60 days after the date of publication of this notice. The 7047, 1775 Duke Street, Alexandria, VA NUCLEAR REGULATORY Commission may issue the license 22314–3428. COMMISSION amendment before expiration of the 60- STATUS: Open. [NRC–2010–0256] day period provided that its final MATTERS TO BE CONSIDERED: determination is that the amendment 1. Proposed Rule—Part 750 of Biweekly Notice; Applications and involves no significant hazards NCUA’s Rules and Regulations, Golden Amendments to Facility Operating consideration. In addition, the Parachute and Indemnification Licenses Involving No Significant Commission may issue the amendment Payments. Hazards Considerations prior to the expiration of the 30-day comment period should circumstances 2. Interim Final Rule—Part 707 of I. Background NCUA’s Rules and Regulations, Truth in change during the 30-day comment Savings. Pursuant to Section 189a.(2) of the period such that failure to act in a 3. Interim Final Rule—Part 701 of Atomic Energy Act of 1954, as amended timely way would result, for example in NCUA’s Rules and Regulations, Low- (the Act), the U.S. Nuclear Regulatory derating or shutdown of the facility. Income Definition. Commission (the Commission or NRC) Should the Commission take action is publishing this regular biweekly prior to the expiration of either the 4. Reprogramming of NCUA’s notice. The Act requires the comment period or the notice period, it Operating Budget for 2010. Commission publish notice of any will publish in the Federal Register a 5. Insurance Fund Report. amendments issued, or proposed to be notice of issuance. Should the RECESS: 11 a.m. issued and grants the Commission the Commission make a final No Significant TIME AND DATE: 11:15 a.m., Thursday, authority to issue and make Hazards Consideration Determination, July 29, 2010. immediately effective any amendment any hearing will take place after to an operating license upon a issuance. The Commission expects that PLACE: Board Room, 7th Floor, Room determination by the Commission that the need to take this action will occur 7047, 1775 Duke Street, Alexandria, VA such amendment involves no significant very infrequently. 22314–3428. hazards consideration, notwithstanding Written comments may be submitted STATUS: Closed. the pendency before the Commission of by mail to the Chief, Rules, Announcements, and Directives Branch MATTERS TO BE CONSIDERED: a request for a hearing from any person. This biweekly notice includes all (RADB), TWB–05–B01M, Division of 1. Creditor Claim Appeal. Closed notices of amendments issued, or Administrative Services, Office of pursuant to exemption (6). proposed to be issued from July 1, 2010 Administration, U.S. Nuclear Regulatory 2. Consideration of Supervisory to July 14, 2010. The last biweekly Commission, Washington, DC 20555– Activities. Closed pursuant to notice was published on July 13, 2010 0001, and should cite the publication exemptions (8), (9)(A)(ii) and 9(B). (75 FR 39975). date and page number of this Federal FOR FURTHER INFORMATION CONTACT: Register notice. Written comments may Notice of Consideration of Issuance of also be faxed to the RADB at 301–492– Mary Rupp, Secretary of the Board, Amendments to Facility Operating Telephone: 703–518–6304. 3446. Documents may be examined, Licenses, Proposed No Significant and/or copied for a fee, at the NRC’s Mary Rupp, Hazards Consideration Determination, Public Document Room (PDR), located Board Secretary. and Opportunity for A Hearing at One White Flint North, Public File [FR Doc. 2010–18504 Filed 7–23–10; 4:15 pm] The Commission has made a Area O1F21, 11555 Rockville Pike (first BILLING CODE P proposed determination that the floor), Rockville, Maryland.

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Within 60 days after the date of opinion which support the contention To comply with the procedural publication of this notice, any person(s) and on which the requestor/petitioner requirements of E–Filing, at least ten whose interest may be affected by this intends to rely in proving the contention (10) days prior to the filing deadline, the action may file a request for a hearing at the hearing. The requestor/petitioner participant should contact the Office of and a petition to intervene with respect must also provide references to those the Secretary by e-mail at to issuance of the amendment to the specific sources and documents of [email protected], or by telephone subject facility operating license. which the petitioner is aware and on at (301) 415–1677, to request (1) a Requests for a hearing and a petition for which the requestor/petitioner intends digital ID certificate, which allows the leave to intervene shall be filed in to rely to establish those facts or expert participant (or its counsel or accordance with the Commission’s opinion. The petition must include representative) to digitally sign ‘‘Rules of Practice for Domestic sufficient information to show that a documents and access the E-Submittal Licensing Proceedings’’ in 10 CFR Part genuine dispute exists with the server for any proceeding in which it is 2. Interested person(s) should consult a applicant on a material issue of law or participating; and (2) advise the current copy of 10 CFR 2.309, which is fact. Contentions shall be limited to Secretary that the participant will be available at the Commission’s PDR, matters within the scope of the submitting a request or petition for located at One White Flint North, Public amendment under consideration. The hearing (even in instances in which the File Area O1F21, 11555 Rockville Pike contention must be one which, if participant, or its counsel or (first floor), Rockville, Maryland. proven, would entitle the requestor/ representative, already holds an NRC- Publicly available records will be petitioner to relief. A requestor/ issued digital ID certificate). Based upon accessible from the Agencywide petitioner who fails to satisfy these this information, the Secretary will Documents Access and Management requirements with respect to at least one establish an electronic docket for the System’s (ADAMS) Public Electronic contention will not be permitted to hearing in this proceeding if the Reading Room on the Internet at the participate as a party. Secretary has not already established an NRC Web site, http://www.nrc.gov/ Those permitted to intervene become electronic docket. reading-rm/doc-collections/cfr/. If a parties to the proceeding, subject to any Information about applying for a request for a hearing or petition for limitations in the order granting leave to digital ID certificate is available on leave to intervene is filed by the above intervene, and have the opportunity to NRC’s public Web site at http:// date, the Commission or a presiding participate fully in the conduct of the www.nrc.gov/site-help/e-submittals/ officer designated by the Commission or hearing. apply-certificates.html. System by the Chief Administrative Judge of the If a hearing is requested, the requirements for accessing the E- Atomic Safety and Licensing Board Commission will make a final Submittal server are detailed in NRC’s Panel, will rule on the request and/or determination on the issue of no ‘‘Guidance for Electronic Submission,’’ petition; and the Secretary or the Chief significant hazards consideration. The which is available on the agency’s Administrative Judge of the Atomic final determination will serve to decide public Web site at http://www.nrc.gov/ Safety and Licensing Board will issue a when the hearing is held. If the final site-help/e-submittals.html. Participants notice of a hearing or an appropriate determination is that the amendment may attempt to use other software not order. request involves no significant hazards listed on the Web site, but should note As required by 10 CFR 2.309, a consideration, the Commission may that the NRC’s E-Filing system does not petition for leave to intervene shall set issue the amendment and make it support unlisted software, and the NRC forth with particularity the interest of immediately effective, notwithstanding Meta System Help Desk will not be able the petitioner in the proceeding, and the request for a hearing. Any hearing to offer assistance in using unlisted how that interest may be affected by the held would take place after issuance of software. results of the proceeding. The petition the amendment. If the final If a participant is electronically should specifically explain the reasons determination is that the amendment submitting a document to the NRC in why intervention should be permitted request involves a significant hazards accordance with the E-Filing rule, the with particular reference to the consideration, any hearing held would participant must file the document following general requirements: (1) The take place before the issuance of any using the NRC’s online, Web-based name, address, and telephone number of amendment. submission form. In order to serve the requestor or petitioner; (2) the All documents filed in NRC documents through EIE, users will be nature of the requestor’s/petitioner’s adjudicatory proceedings, including a required to install a Web browser plug- right under the Act to be made a party request for hearing, a petition for leave in from the NRC Web site. Further to the proceeding; (3) the nature and to intervene, any motion or other information on the Web-based extent of the requestor’s/petitioner’s document filed in the proceeding prior submission form, including the property, financial, or other interest in to the submission of a request for installation of the Web browser plug-in, the proceeding; and (4) the possible hearing or petition to intervene, and is available on the NRC’s public Web effect of any decision or order which documents filed by interested site at http://www.nrc.gov/site-help/e- may be entered in the proceeding on the governmental entities participating submittals.html. requestor’s/petitioner’s interest. The under 10 CFR 2.315(c), must be filed in Once a participant has obtained a petition must also identify the specific accordance with the NRC E-Filing rule digital ID certificate and a docket has contentions which the requestor/ (72 FR 49139, August 28, 2007). The E- been created, the participant can then petitioner seeks to have litigated at the Filing process requires participants to submit a request for hearing or petition proceeding. submit and serve all adjudicatory for leave to intervene. Submissions Each contention must consist of a documents over the internet, or in some should be in Portable Document Format specific statement of the issue of law or cases to mail copies on electronic (PDF) in accordance with NRC guidance fact to be raised or controverted. In storage media. Participants may not available on the NRC public Web site at addition, the requestor/petitioner shall submit paper copies of their filings http://www.nrc.gov/site-help/e- provide a brief explanation of the bases unless they seek an exemption in submittals.html. A filing is considered for the contention and a concise accordance with the procedures complete at the time the documents are statement of the alleged facts or expert described below. submitted through the NRC’s E-Filing

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system. To be timely, an electronic a participant or party to use E-Filing if TS 5.2.1, ‘‘Onsite and Offsite filing must be submitted to the E-Filing the presiding officer subsequently Organizations,’’ consistent with TSTF– system no later than 11:59 p.m. Eastern determines that the reason for granting 65–A, Revision 1. Specifically, the Time on the due date. Upon receipt of the exemption from use of E-Filing no proposed amendment would delete a transmission, the E-Filing system longer exists. redundant reporting and operational time-stamps the document and sends Documents submitted in adjudicatory restriction provisions from TS 2.2 and the submitter an e-mail notice proceedings will appear in NRC’s replace plant-specific organization titles confirming receipt of the document. The electronic hearing docket which is with generic organization titles in TS E-Filing system also distributes an e- available to the public at http:// 5.2.1. Both TSTF–5–A and TSTF–65–A mail notice that provides access to the ehd.nrc.gov/EHD_Proceeding/home.asp, were incorporated in Revision 2 of document to the NRC Office of the unless excluded pursuant to an order of NUREG–1432, ‘‘Standard Technical General Counsel and any others who the Commission, or the presiding Specifications for Combustion have advised the Office of the Secretary officer. Participants are requested not to Engineering Plants.’’ that they wish to participate in the include personal privacy information, Basis for proposed no significant proceeding, so that the filer need not such as social security numbers, home hazards consideration determination: serve the documents on those addresses, or home phone numbers in As required by 10 CFR 50.91(a), the participants separately. Therefore, their filings, unless an NRC regulation licensee has provided its analysis of the applicants and other participants (or or other law requires submission of such issue of no significant hazards their counsel or representative) must information. With respect to consideration, which is presented apply for and receive a digital ID copyrighted works, except for limited below: certificate before a hearing request/ excerpts that serve the purpose of the petition to intervene is filed so that they adjudicatory filings and would 1. Does the proposed amendment can obtain access to the document via constitute a Fair Use application, involve a significant increase in the the E-Filing system. participants are requested not to include probability or consequences of an A person filing electronically using copyrighted materials in their accident previously evaluated? the agency’s adjudicatory E–Filing submission. Response: No. system may seek assistance by Petitions for leave to intervene must These changes involve minor changes contacting the NRC Meta System Help be filed no later than 60 days from the in organization titles and remove Desk through the ‘‘Contact Us’’ link date of publication of this notice. Non- redundant and unnecessary reporting located on the NRC Web site at http:// timely filings will not be entertained requirements. The changes are www.nrc.gov/site-help/e- absent a determination by the presiding consistent with TSTF–5 and TSTF–65, submittals.html, by e-mail at officer that the petition or request which have been approved by the NRC [email protected], or by a toll- should be granted or the contentions Staff, and included in Revision 2 of free call at (866) 672–7640. The NRC should be admitted, based on a NUREG–1432. Technical Specification Meta System Help Desk is available balancing of the factors specified in 10 Safety Limit violation reporting is between 8 a.m. and 8 p.m., Eastern CFR 2.309(c)(1)(i)–(viii). redundant to 10 CFR 50.36(c)(7) and (8) For further details with respect to this Time, Monday through Friday, and 10 CFR 50.72 and 73. The removal license amendment application, see the excluding government holidays. of the notification, reporting, and Participants who believe that they application for amendment which is startup requirements from the TS is an have a good cause for not submitting available for public inspection at the administrative change because the documents electronically must file an Commission’s PDR, located at One current requirements duplicate what is exemption request, in accordance with White Flint North, Public File Area already contained in the regulations. 10 CFR 2.302(g), with their initial paper O1F21, 11555 Rockville Pike (first The proposed changes do not alter filing requesting authorization to floor), Rockville, Maryland. Publicly existing controls on plant operation (i.e., continue to submit documents in paper available records will be accessible from safety limit values, LCOs [Limiting format. Such filings must be submitted the ADAMS Public Electronic Reading Conditions for Operations], Surveillance by: (1) First class mail addressed to the Room on the Internet at the NRC Web Requirements or Design Features), but Office of the Secretary of the site, http://www.nrc.gov/reading-rm/ only remove the administrative burden Commission, U.S. Nuclear Regulatory adams.html. Persons who do not have of maintaining redundant notification, Commission, Washington, DC 20555– access to ADAMS or who encounter reporting, and plant startup 0001, Attention: Rulemaking and problems in accessing the documents requirements. Adjudications Staff; or (2) courier, located in ADAMS, should contact the express mail, or expedited delivery NRC PDR Reference staff at 1–800–397– Functions which are necessary to service to the Office of the Secretary, 4209, 301–415–4737, or by e-mail to operate the facility safely and in Sixteenth Floor, One White Flint North, [email protected]. accordance with the operating licenses 11555 Rockville Pike, Rockville, remain within the organization and will Maryland, 20852, Attention: Arizona Public Service Company, et al., not affect the safe operation of the plant Rulemaking and Adjudications Staff. Docket Nos. STN 50–528, STN 50–529, and will continue to ensure proper Participants filing a document in this and STN 50–530, Palo Verde Nuclear control of administrative activities. The manner are responsible for serving the Generating Station, Units 1, 2, and 3, proposed changes will not affect the document on all other participants. Maricopa County, Arizona operation of structures, systems, or Filing is considered complete by first- Date of amendment request: April 8, components, and will not reduce class mail as of the time of deposit in 2010. programmatic controls such that plant the mail, or by courier, express mail, or Description of amendment request: safety would be affected. expedited delivery service upon The amendments would revise Based on the above, the proposed depositing the document with the Technical Specification (TS) 2.2, ‘‘Safety amendment does not involve a provider of the service. A presiding Limit Violations,’’ consistent with significant increase in the probability or officer, having granted an exemption Technical Specification Task Force consequences of an accident previously request from using E-Filing, may require (TSTF) change traveler TSTF–5–A, and evaluated.

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2. Does the proposed amendment reference in TS 5.5.8, ‘‘Inservice Testing statement regarding the testing of create the possibility of a new or Program,’’ from the American Society of supports. The proposed change different kind of accident from any Mechanical Engineers (ASME) Boiler incorporates revisions to the ASME accident previously evaluated? and Pressure Vessel Code to the ASME Code that result in a net improvement Response: No. Code for Operation and Maintenance of in the measures for testing pumps and The proposed changes will not affect Nuclear Power Plants (OM Code) and valves and the editorial change the operation of structures, systems, or would specify that the extension eliminates confusion as to the testing components, and will not reduce allowance of SRs is applicable to the program for supports and aligns programmatic controls such that plant frequencies in the Inservice Testing wording to that of the standard safety would be affected. The generic Program (IST). The changes associated specification. title changes and deletion of redundant with TSTF–497–A would limit the The proposed changes do not involve reporting are administrative. applicability of SR 3.0.2 to frequencies a modification to the physical Based on the above, the proposed of 2 years or less. In addition, the configuration of the plant (i.e., no new amendment does not create the amendment would remove the reference equipment will be installed) or change possibility of a new or different kind of to component supports for consistency in the methods governing normal plant accident from any accident previously with the Standard Technical operation. The proposed changes will evaluated. Specifications because the supports are not impose any new or different 3. Does the proposed amendment included in the licensee’s Inservice requirements or introduce a new involve a significant reduction in a Inspection Program. accident initiator, accident precursor, or margin of safety? Basis for proposed no significant malfunction mechanism. Additionally, Response: No. hazards consideration determination: there is no change in the types or The changes are administrative and As required by 10 CFR 50.91(a), the increases in the amounts of any effluent will not diminish any organizational or licensee has provided its analysis of the that may be released off-site and there administrative controls currently in issue of no significant hazards is no increase in individual or place. The proposed change will not consideration, which is presented cumulative occupational exposure. affect the operation of structures, below: Therefore, this proposed change does systems, or components, and will not 1. Does the proposed amendment not create the possibility of an accident reduce programmatic controls such that involve a significant increase in the of a different kind than previously plant safety would be affected. probability or consequences of an evaluated. Therefore, the proposed amendment accident previously evaluated? 3. Does the proposed amendment does not involve a significant reduction Response: No. involve a significant reduction in a in a margin of safety. The proposed changes revise TS 5.5.8, margin of safety? The NRC staff has reviewed the ‘‘Inservice Testing Program,’’ for Response: No. licensee’s analysis and, based on that consistency with the requirements of 10 The proposed changes revise TS 5.5.8, review, it appears that the three CFR 50.55a(f)(4) regarding the IST of ‘‘Inservice Testing Program,’’ for standards of 10 CFR 50.92(c) are pumps and valves and eliminates a consistency with the requirements of 10 satisfied. Therefore, the NRC staff statement regarding the testing of CFR 50.55a(f)(4) regarding the inservice proposes to determine that the request supports. The proposed changes testing of pumps and valves and for amendments involves no significant incorporate revisions to the ASME Code eliminates a statement regarding the hazards consideration. that result in a net improvement in the testing of supports. The proposed Attorney for licensee: Michael G. measures for testing pumps and valves changes incorporate revisions to the Green, Senior Regulatory Counsel, and the editorial change eliminates ASME Code that result in a net Pinnacle West Capital Corporation, P.O. confusion as to the testing program for improvement in the measures for testing Box 52034, Mail Station 8695, Phoenix, supports and will align the PVNGS pumps and valves and the editorial Arizona 85072–2034. specification wording to that of change eliminates confusion as to the NRC Branch Chief: Michael T. NUREG–1432, Revision 3.1, Standard testing program for supports and aligns Markley. Technical Specifications Combustion wording to that of the standard Engineering Plants. The proposed Arizona Public Service Company, et al., specification. The safety functions of the changes do not impact any accident Docket Nos. STN 50–528, STN 50–529, affected pumps and valves will be initiators or analyzed events or assumed and STN 50–530, Palo Verde Nuclear maintained. mitigation of accident or transient Generating Station, Units 1, 2, and 3, Therefore, this proposed change does events, nor does it involve the addition Maricopa County, Arizona not involve a significant reduction in a or removal of any equipment, or any margin of safety. Date of amendment request: April 29, design changes to the facility. 2010. Therefore, the proposed change does The NRC staff has reviewed the Description of amendment request: not represent a significant increase in licensee’s analysis and, based on that The amendments would revise the the probability or consequences of an review, it appears that the three Technical Specifications (TSs) to accident previously evaluated. standards of 10 CFR 50.92(c) are incorporate Technical Specifications 2. Does the proposed amendment satisfied. Therefore, the NRC staff Task Force (TSTF) change traveler create the possibility of a new or proposes to determine that the request TSTF–479–A, ‘‘Changes to Reflect different kind of accident from any for amendments involves no significant Revision of 10 CFR 50.55a,’’ as modified accident previously evaluated? hazards consideration. by TSTF–497–A, ‘‘Limit Inservice Response: No. Attorney for licensee: Michael G. Testing Program SR [Surveillance The proposed changes revise TS 5.5.8, Green, Senior Regulatory Counsel, Requirement] 3.0.2 Application to ‘‘Inservice Testing Program,’’ for Pinnacle West Capital Corporation, P.O. Frequencies of 2 Years or Less.’’ consistency with the requirements of 10 Box 52034, Mail Station 8695, Phoenix, Specifically, the changes associated CFR 50.55a(f)(4) regarding the IST of Arizona 85072–2034. NRC Branch with TSTF–479–A would modify the pumps and valves and eliminates a Chief: Michael T. Markley.

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Arizona Public Service Company, et al., The proposed changes relocate the main The margin of safety provided by the Docket Nos. STN 50–528, STN 50–529, steam and main feedwater isolation valve isolation valves is unaffected by the proposed and STN 50–530, Palo Verde Nuclear times to the Licensee Controlled Document changes since there continue to be TS Generating Station, Units 1, 2, and 3, that is referenced in the Bases. The requirements to ensure the testing of main requirements to perform the testing of these steam and main feedwater isolation valves. Maricopa County, Arizona isolation valves are retained in the TS. Future The proposed changes maintain sufficient Date of amendment request: April 29, changes to the Bases or licensee-controlled controls to preserve the current margins of 2010. document will be evaluated pursuant to the safety. Description of amendment request: requirements of 10 CFR 50.59, ’’‘‘Changes, test and experiments’’, to ensure that such The NRC staff has reviewed the The amendments would remove the analysis adopted by the licensee and, Main Steam and Main Feedwater Valve changes do not result in more than minimal increase in the probability or consequences based on that review, it appears that the Isolation Times from the Technical of an accident previously evaluated. three standards of 10 CFR 50.92(c) are Specifications (TSs) in accordance with The proposed changes do not adversely satisfied. Therefore, the NRC staff Nuclear Regulatory Commission (NRC)- affect accident initiators or precursors nor proposes to determine that the request approved TS Task Force (TSTF) alter the design assumptions, conditions, and for amendments involves NSHC. Standard Technical Specification configuration of the facility or the manner in Attorney for licensee: Michael G. change traveler TSTF–491, Revision 2, which the plant is operated and maintained. Green, Senior Regulatory Counsel, The proposed changes do not adversely affect ‘‘Removal of the Main Steam and Main Pinnacle West Capital Corporation, P.O. Feedwater Valve Isolation Times from the ability of structures, systems and components (SSCs) to perform their intended Box 52034, Mail Station 8695, Phoenix, Technical Specifications.’’ The isolation safety function to mitigate the consequences Arizona 85072–2034. times would be located outside of the of an initiating event within the assumed NRC Branch Chief: Michael T. TSs in a document subject to control by acceptance limits. The proposed changes do Markley. the 10 CFR 50.59 process. not affect the source term, containment The NRC staff issued a Notice of isolation, or radiological consequences of any Entergy Operations, Inc., Docket No. 50– Availability of ‘‘Technical Specification accident previously evaluated. Further, the 368, Arkansas Nuclear One, Unit No. 2, Improvement to Remove the Main proposed changes do not increase the types Pope County, Arkansas Steam and Main Feedwater Valve and the amounts of radioactive effluent that Date of amendment request: June 17, Isolation Time from Technical may be released, nor significantly increase 2010. Specifications Using the Consolidated individual or cumulative occupation/public Description of amendment request: radiation exposures. Line Item Improvement Process,’’ Therefore, the changes do not involve a The proposed change would revise associated with TSTF–491, Revision 2, significant increase in the probability or Technical Specification (TS) 6.5.16, in the Federal Register on December 29, consequences of any accident previously ‘‘Containment Leakage Rate Testing 2006 (71 FR 78472). The notice evaluated. Program,’’ to allow for the extension of included a model license amendment Criterion 2—The Proposed Change Does the 10-year frequency of the Arkansas request. The notice also announced that Not Create the Possibility of a New or Nuclear One, Unit 2 (ANO–2) Type A or the previously published (71 FR 193, Different Kind of Accident From Any Integrated Leak Rate Test (ILRT) to be October 5, 2006) model safety Previously Evaluated extended to 15 years on a permanent evaluation and model No Significant The proposed changes relocate the main basis. steam and main feedwater valve isolation Basis for proposed no significant Hazards Consideration (NSHC) times to the Licensee Controlled Document determination may be referenced in that is referenced in the Bases. In addition, hazards consideration determination: plant-specific applications to adopt the the valve isolation times are replaced in the As required by 10 CFR 50.91(a), the changes. In its application dated April TS with the phase ‘‘within limits’’. The licensee has provided its analysis of the 29, 2010, the licensee affirmed the changes do not involve a physical altering of issue of no significant hazards applicability of the model NSHC the plant (i.e., no new or different type of consideration, which is presented determination which is presented equipment will be installed) or a change in below: below. methods governing normal [plant] operation. Basis for proposed no significant The requirements in the TS continue to 1. Does the proposed change involve a require testing of the main steam and main significant increase in the probability or hazards consideration determination: feedwater isolation valves to ensure the consequences of an accident previously As required by 10 CFR 50.91(a), an proper functioning of these isolation valves. evaluated? analysis of the issue of NSHC adopted Therefore, the changes do not create the Response: No. by the licensee is presented below: possibility of a new or different kind of The proposed amendment involves Criterion 1—The Proposed Change Does accident from any previously evaluated. changes to the ANO–2 Containment Leakage Not Involve a Significant Increase in the Criterion 3—The Proposed Change Does Rate Testing Program. The proposed Probability or Consequences of an Accident Not Involve a Significant Reduction in the amendment does not involve a physical Previously Evaluated Margin of Safety change to the plant or a change in the manner The proposed change allows relocating The proposed changes relocate the main in which the plant is operated or controlled. main steam and main feedwater valve steam and main feedwater valve isolation The primary containment function is to isolation times to the Licensee Controlled times to the Licensee Controlled Document provide an essentially leak tight barrier Document that is referenced in the Bases. that is referenced in the Bases. In addition, against the uncontrolled release of The proposed change is described in the valve isolation times are replaced in the radioactivity to the environment for Technical Specification Task Force (TSTF) TS with the phase ‘‘within limits’’. Instituting postulated accidents. As such, the Standard TS Change Traveler TSTF–491 the proposed changes will continue to ensure containment itself and the testing related to relocating the main steam and the testing of main steam and main feedwater requirements to periodically demonstrate the main feedwater valves isolation times to the isolation valves. Changes to the Bases or integrity of the containment exist to ensure Licensee Controlled Document that is license controlled document are performed the plant’s ability to mitigate the referenced in the Bases and replacing the in accordance with 10 CFR 50.59. This consequences of an accident, do not involve isolation time with the phase, ‘‘within approach provides an effective level of any accident precursors or initiators. limits.’’ regulatory control and ensures that main Therefore, the probability of occurrence of The proposed change does not involve a steam and feedwater isolation valve testing is an accident previously evaluated is not physical alteration of the plant (no new or conducted such that there is no significant significantly increased by the proposed different type of equipment will be installed). reduction in the margin of safety. amendment.

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The proposed amendment adopts the NRC- and establishes a 15 year interval for the will also be applied to determine the accepted guidelines of [Nuclear Energy performance of the containment ILRT. This IHA design-basis operating-basis Institute (NEI)] 94–01, Revision 2–A amendment does not alter the manner in earthquake (OBE) damping values. [‘‘Industry Guideline for Implementing which safety limits, limiting safety system Performance-Based Option of 10 CFR Part 50, setpoints, or limiting conditions for operation Basis for proposed no significant Appendix J,’’ dated October 2008], for are determined. The specific requirements hazards consideration determination: development of the ANO–2 performance- and conditions of the Containment Leakage As required by 10 CFR 50.91(a), the based testing program. Implementation of Rate Testing Program, as defined in the TS, licensee has provided its analysis of the these guidelines continues to provide ensure that the degree of primary issue of no significant hazards adequate assurance that during design basis containment structural integrity and leak- consideration, which is presented tightness that is considered in the plant’s accidents, the primary containment and its below: components will limit leakage rates to less safety analysis is maintained. The overall the values assumed in the plant safety containment leakage rate limit specified by 1. Does the change involve a significant analyses. The potential consequences of the TS is maintained, and the Type A, Type increase in the probability or consequences extending the ILRT interval to 15 years have B, and Type C containment leakage tests will of an accident previously evaluated? been evaluated by analyzing the resulting be performed at the frequencies established The proposed change would allow use of changes in risk. The increase in risk in terms in accordance with the NRC-accepted critical damping values consistent with the of person-rem [roentgen equivalent man] per guidelines of NEI 94–01, Revision 2–A. recommendations of RG 1.61, ‘‘Damping year within 50 miles resulting from design Containment inspections performed in Values for Seismic Design of Nuclear Power basis accidents was estimated to be accordance with other plant programs serve Plants,’’ Revision 1, dated March 2007, for the acceptably small and determined to be to provide a high degree of assurance that the seismic design and analysis of the IHA. The within the guidelines published in [NRC containment will not degrade in a manner RG 1.61, Revision 1, Table 1 note allowing Regulatory Guide] 1.174 [‘‘An Approach for that is not detectable by an ILRT. A risk use of a ‘‘weighted average’’ for design-basis Using Probabilistic Risk Assessment in Risk- assessment using the current ANO–2 PSA SSE damping values applicable to steel Informed Decisions on Plant-Specific [Probabilistic Safety Assessment] model structures of different connection types, is Changes to the Licensing Basis’’]. concluded that extending the ILRT test also applied to determine the IHA design- Additionally, the proposed change maintains interval from ten years to 15 years results in basis OBE damping values. RG 1.61, Revision defense-in-depth by preserving a reasonable a very small change to the ANO–2 risk 1, Table 2 for OBE damping values does not balance among prevention of core damage, profile. contain the same note as found in Table 1. prevention of containment failure, and Therefore, the proposed change does not However use of the note for the consequence mitigation. ANO–2 has involve a significant reduction in a margin of determination of the DE [design earthquake] determined that the increase in Conditional safety. damping value is consistent with the use of Containment Failure Probability due to the The NRC staff has reviewed the the note for the determination of the DDE proposed change would be very small. licensee’s analysis and, based on this [double design earthquake] and HE [Hosgri Therefore, it is concluded that the review, it appears that the three earthquake] damping values, and a weighted proposed amendment does not significantly standards of 10 CFR 50.92(c) are average more realistically represents the IHA increase the consequences of an accident structure. previously evaluated. satisfied. Therefore, the NRC staff RG 1.61, Revision 1, specifies the damping Based on the above discussion, it is proposes to determine that the values that the NRC staff currently considers concluded that the proposed change does not amendment request involves no acceptable for complying with the agency’s involve a significant increase in the significant hazards consideration. regulations and guidance for seismic probability or consequences of an accident Attorney for licensee: Joseph A. analysis. Revision 1 incorporates the latest previously evaluated. Aluise, Associate General Counsel— data and information, and reduces 2. Does the proposed change create the Nuclear, Entergy Services, Inc., 639 unnecessary conservatism in specification of possibility of a new or different kind of Loyola Avenue, New Orleans, Louisiana damping values for seismic design and accident from any accident previously 70113. analysis of SSCs [structures, systems, and evaluated? NRC Branch Chief: Michael T. components]. Response: No. Markley. The proposed change does not change the The proposed amendment adopts the NRC- design functions of the IHA or its response accepted guidelines of NEI 94–01, Revision Pacific Gas and Electric Company, to design-basis events, nor does it affect the 2–A, for the development of the ANO–2 Docket Nos. 50–275 and 50–323, Diablo capability of related SSCs to perform their performance-based leakage testing program, Canyon Nuclear Power Plant, Unit Nos. design or safety functions. The use of the and establishes a 15-year interval for the 1 and 2, San Luis Obispo County, proposed damping values in the seismic performance of the containment ILRT. The design and analysis of the IHA is related to containment and the testing requirements to California the ability of the IHA to function in response periodically demonstrate the integrity of the Date of amendment request: June 14, to design-basis seismic events, and is containment exist to ensure the plant’s 2010. unrelated to the probability of occurrence of ability to mitigate the consequences of an Description of amendment request: those events, or other previously evaluated accident, do not involve any accident The proposed amendments would allow accidents. Therefore the proposed change precursors or initiators. The proposed change a revision of the licensing basis, as will not have any impact on the probability does not involve a physical change to the of an accident previously evaluated. plant (i.e., no new or different type of described in the Final Safety Analysis The proposed damping values are an equipment will be installed) or a change to Report Update (FSARU), to include element of the seismic analyses performed to the manner in which the plant is operated or damping values for the seismic design confirm the ability of the IHA to function controlled. and analysis of the integrated head under postulated seismic events while Therefore, the proposed change does not assembly (IHA) that are consistent with maintaining resulting stresses within ASME create the possibility of a new or different the recommendations of Regulatory [American Society of Mechanical Engineers kind of accident from any previously Guide (RG) 1.61, ‘‘Damping Values for Boiler and Pressure Vessel Code] Section III evaluated. Seismic Design of Nuclear Power allowable values. Therefore, the use of 3. Does the proposed change involve a Plants,’’ Revision 1. In addition, the RG damping values consistent with the significant reduction in a margin of safety? recommendations of RG 1.61, Revision 1 Response: No. 1.61, Revision 1, Table 1 note allowing does not result in an increase in the The proposed amendment adopts the NRC- the use of a ‘‘weighted average’’ for consequences of accidents previously accepted guidelines of NEI 94–01, Revision design-basis safe-shutdown earthquake evaluated. 2–A, for the development of the ANO–2 (SSE) damping values applicable to steel Therefore, the proposed change does not performance-based leakage testing program, structures of different connection types involve a significant increase in the

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probability or consequences of an accident Therefore, the proposed change does not analyses. It was determined that the previously evaluated. involve a significant reduction in a margin of reactivity change can be accommodated 2. Does the change create the possibility of safety. within the bounds of the current safety a new or different kind of accident from any The NRC staff has reviewed the analysis limits using approved NRC accident previously evaluated? methodology. Future core designs will use an The proposed change does not involve licensee’s analysis and, based on this NRC approved methodology as the means to changes to any plant SSCs, nor does it review, it appears that the three demonstrate the continued safe operation of involve changes to any plant operating standards of 10 CFR 50.92(c) are the plant with the EP Ag-In-Cd RCCAs. practice or procedure. The damping values satisfied. Therefore, the NRC staff The change does not adversely affect the are an element of the seismic analyses proposes to determine that the protective and mitigative capabilities of the performed to confirm the ability of the IHA amendment requests involve no plant, nor does the change affect the to function under postulated seismic events significant hazards consideration. initiation or probability of occurrence of any while maintaining resulting stresses within Attorney for licensee: Jennifer Post, accident. The SSCs will continue to perform ASME Section III allowable values. their intented safety functions. Therefore, the Therefore, no credible new failure Esq., Pacific Gas and Electric Company, P.O. Box 7442, San Francisco, California proposed change does not involve a mechanisms, malfunctions, or accident significant increase in the probability or initiators not considered in the design and 94120. consequences of an accident previously licensing bases are created that would create NRC Branch Chief: Michael T. evaluated. the possibility of a new or different kind of Markley. 2. Does the proposed amendment create accident. Tennessee Valley Authority, Docket No. the possibility of a new or different kind of Therefore the proposed change does not accident from any accident previously create the possibility of a new or different 50–390, Watts Bar Nuclear Plant, Unit 1, evaluated? kind of accident from any accident Rhea County, Tennessee Response: No. previously evaluated. Date of amendment request: May 28, Watts Bar Unit 1 Technical Specification 3. Does the change involve a significant 4.2.2, Control Rod Assemblies, is revised to reduction in a margin of safety? 2010. Description of amendment request: To include Ag-In-Cd material in addition to the The design basis of the plant requires B4C control rod material. In addition to the structures to be capable of withstanding revise Technical Specification (TS) 4.2.2 ‘‘Control Rod Assemblies.’’ The absorber material change, the replacement EP normal and accident loads including those Ag-In-Cd RCCAs will be coupled with from a design basis earthquake. The proposed proposed change would include silver- Control Rod Drive Mechanism (CRDM) drive change would allow the use of damping indium-cadmium material in addition to rod shafts which are lighter than the CRDM values in the IHA seismic analyses that are the boron carbide control rod material. drive rod shaft coupled to the B4C drive rod in general more realistic and, thus, more Basis for proposed no significant shafts. Also, the EP Ag-In-Cd RCCAs are accurate than the damping values hazards consideration determination: heavier than the B4C RCCAs and have a recommended in RG 1.61, Revision 0, used As required by 10 CFR 50.91(a), the different reactivity, or rod worth. in the analysis for the HE, or the plant The EP Ag-In-Cd RCCAs are identical to specific damping values used in the original licensee has provided its analysis of the analysis for the DE and DDE. The NRC stated, issue of no significant hazards the current RCCAs in terms of form, fit, and in NUREG–0675, ‘‘Safety Evaluation Report consideration, which is presented function. The proposed changes will not Related to the Operation of Diablo Canyon below: introduce any new failure mechanisms, malfunctions, or accident initiators not Nuclear Power Plant, Units 1 and 2,’’ 1. Does the proposed amendment involve Supplement No. 7, that allowing use of the already considered in the design and a significant increase in the probability or licensing basis. The possibility of a new or higher damping values in RG 1.61, Revision consequences of an accident previously 0 for the HE re-evaluation, versus the lower different malfunction of safety-related evaluated? equipment is not created. No new accident values used in the original analysis, is Response: No. realistic and should not be regarded as an scenarios, transient precursors, or limiting Watts Bar Unit 1 Technical Specification single failures are introduced as a result of arbitrary lowering of the margins of safety. 4.2.2, Control Rod Assemblies, is revised to The damping values in RG 1.61, Revision 0, these changes. There will be no adverse include [silver-indium-cadmium] Ag-In-Cd effects or challenges imposed on any safety- were based on limited data, expert opinion, material in addition to the [boron carbide] and other information available in 1973. NRC related system as a result of these changes. B4C control rod material. In addition to the Therefore, the proposed change does not and industry research since 1973 show that absorber material change, the replacement the damping values provided in the original create the possibility of a new or different [enhanced performance] EP Ag-In-Cd [rod kind of accident from any previously version of RG 1.61 may not reflect realistic cluster control assemblies] RCCAs will be evaluated. damping values for SSCs. RG 1.61, Revision coupled with Control Rod Drive Mechanism 3. Does the proposed amendment involve 1, therefore, provides damping values based (CRDM) drive rod shafts which are lighter a significant reduction in a margin of safety? on the updated research results that predict than the CRDM drive rod shaft coupled to the Response: No. and estimate damping values for seismic B4C drive rod shafts. Also, the EP Ag-In-Cd design of SSCs in nuclear power plants, and RCCAs are heavier than the B4C RCCAs and Watts Bar Unit 1 Technical Specification similarly should not be regarded as an have a different reactivity, or rod worth. 4.2.2, Control. Rod Assemblies, is revised to arbitrary lowering of the margins of safety. There are a number of events that are include Ag-In-Cd material in addition to the As discussed above, damping values are an related to inadvertent movement of the B4C control rod material. In addition to the element of the seismic analyses performed to RCCAs; however, they are not initiated by the absorber material change, the replacement EP confirm the ability of the IHA to function RCCAs. They are initiated by the failure of Ag-In-Cd RCCAs will be coupled with during design-basis seismic events while plant structures, systems, or components Control Rod Drive Mechanism (CRDM) drive maintaining resulting stresses within ASME (SSC) other than the RCCAs. The proposed rod shafts which are lighter than the CRDM Section III allowable values. The proposed changes to the RCCA design do not have a drive rod shaft coupled to the B4C drive rod change [to] allow use of damping values detrimental impact on the integrity of any shafts. Also, the EP Ag-In-Cd RCCAs are consistent with the recommendations of RG plant SSC that initiates an analyzed event. In heavier than the B4C RCCAs and have a 1.61, Revision 1, versus the damping values addition, the EP Ag-In-Cd RCCAs have the different reactivity, or rod worth. The in the current licensing basis could result in capability to mitigate events, because: changes in weight and reactivity of the lower calculated stresses. The analysis done (a) The Ag-In-Cd RCCA/standard drive line CRDM/RCCA on the design criteria and for the IHA using the proposed damping weight continues to meet the rod drop time safety analysis have been addressed. values showed the ASME Section III of 2.7 seconds limit listed in Technical The proposed changes regarding the Ag-In- allowable values are met. Sufficient safety Specification 3.1.5 (Rod Group Alignment Cd RCCAs do not involve a significant margins are maintained when Codes and Limits); and reduction in a margin of safety, because: standards or alternatives approved for use by (b) The reactivity difference was addressed (a) The Ag-In-Cd RCCA/standard drive line the NRC are met. for the impact on core neutronics and safety weight continues to meet the rod drop time

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of 2.7 seconds limit listed in Technical For further details with respect to the Nine Mile Point Nuclear Station, LLC, Specification 3.1.5 (Rod Group Alignment action see (1) the applications for Docket No. 50–220, Nine Mile Point Limits); and amendment, (2) the amendment, and (3) Nuclear Station, Unit No. 1 (NMP1), (b) The reactivity difference was addressed the Commission’s related letter, Safety Oswego County, New York for the impact on core neutronics and safety analyses. It was determined that the Evaluation and/or Environmental Date of application for amendment: reactivity change can be accommodated Assessment as indicated. All of these July 2, 2009. within the bounds of the current safety items are available for public inspection Brief description of amendment: The analysis limits using approved NRC at the Commission’s Public Document amendment revises the TSs by removing methodology. Future core designs will use an Room (PDR), located at One White Flint position indication for the relief valves NRC approved methodology as the means to North, Public File Area 01F21, 11555 and safety valves from TS 3.6.11, demonstrate the continued safe operation of Rockville Pike (first floor), Rockville, ‘‘Accident Monitoring Instrumentation.’’ the plant with the EP Ag-In-Cd RCCAs. Maryland. Publicly available records The amendment would also correct an Therefore, the proposed change does not will be accessible from the Agencywide involve a significant reduction in the margin editorial error in the title of Table of safety. Documents Access and Management 4.6.11, ‘‘Accident Monitoring System (ADAMS) Public Electronic Instrumentation Surveillance The NRC staff has reviewed the Reading Room on the internet at the Requirement.’’ licensee’s analysis and, based on this NRC Web site, http://www.nrc.gov/ Date of issuance: June 29, 2010. review, it appears that the three reading-rm/adams.html. If you do not Effective date: As of the date of standards of 10 CFR 50.92(c) are have access to ADAMS or if there are issuance to be implemented within 60 satisfied. Therefore, the NRC staff problems in accessing the documents days. proposes to determine that the located in ADAMS, contact the PDR Amendment No.: 205. amendment request involves no Reference staff at 1 (800) 397–4209, Renewed Facility Operating License significant hazards consideration. (301) 415–4737 or by e-mail to No. DPR–63: The amendment revises Attorney for licensee: General [email protected]. the License and TSs. Counsel, Tennessee Valley Authority, Date of initial notice in Federal 400 West Summit Hill Drive, ET 11A, FirstEnergy Nuclear Operating Register: October 14, 2009 (74 FR Knoxville, Tennessee 37902. Company, et al., Docket No. 50–334 52826). NRC Branch Chief: Stephen J. Beaver Valley Power Station, Unit No. 1 The Commission’s related evaluation Campbell. (BVPS–1), Beaver County, Pennsylvania of the amendment is contained in a Notice of Issuance of Amendments to Date of application for amendment: Safety Evaluation dated June 29, 2010. Facility Operating Licenses July 6, 2009, as supplemented on March No significant hazards consideration comments received: No. During the period since publication of 10, 2010. the last biweekly notice, the Brief description of amendment: The Tennessee Valley Authority, Docket No. Commission has issued the following amendment revises Technical 50–390, Watts Bar Nuclear Plant (WBN), amendments. The Commission has Specification (TS) 5.6.3, ‘‘Core Operating Unit 1, Rhea County, Tennessee determined for each of these Limits Report,’’ to allow the use of the Date of application for amendment: amendments that the application generically approved Topical Report, November 30, 2009. complies with the standards and WCAP–16009–P–A, ‘‘Realistic Large Brief description of amendment: The requirements of the Atomic Energy Act Break LOCA [Loss-of-Coolant Accident] amendment revises the emergency of 1954, as amended (the Act), and the Evaluation Methodology Using diesel generator (DG) Completion Time Commission’s rules and regulations. Automated Statistical Treatment of for inoperable DGs in Technical The Commission has made appropriate Uncertainty Method,’’ for BVPS–1. Specification (TS) 3.8.1, ‘‘AC Sources findings as required by the Act and the Date of issuance: July 1, 2010. Operating.’’ The amendment revises the Commission’s rules and regulations in Completion Time from 14 days to 72 Effective date: As of the date of 10 CFR Chapter I, which are set forth in hours for restoring one or more issuance, and shall be implemented the license amendment. inoperable DG(s) in one train to an prior to startup following the fall 2010 Notice of Consideration of Issuance of operable status. The amendment was maintenance and refueling outage. Amendment to Facility Operating requested because of the potential License, Proposed No Significant Amendment No: 286. completion and startup of the WBN Unit Hazards Consideration Determination, Facility Operating License No. DPR– 2. and Opportunity for A Hearing in 66: The amendment revised the License Date of issuance: July 6, 2010. connection with these actions was and TS. Effective date: As of the date of published in the Federal Register as Date of initial notice in Federal issuance and shall be implemented after indicated. Register: December 1, 2009 (74 FR the issuance of the facility operating Unless otherwise indicated, the 62835). The March 8, 2010, supplement license for WBN Unit 2 and prior to Commission has determined that these provided additional information that WBN Unit 2 entry into Mode 4, ‘‘Hot amendments satisfy the criteria for clarified the application, did not expand Shutdown.’’ categorical exclusion in accordance the scope of the application as originally Amendment No.: 84. with 10 CFR 51.22. Therefore, pursuant Facility Operating License No. NPF– noticed, and did not change the NRC to 10 CFR 51.22(b), no environmental 90: Amendment revised the License and staff’s original proposed no significant impact statement or environmental TSs. hazards consideration determination as assessment need be prepared for these Date of initial notice in Federal published in the Federal Register. amendments. If the Commission has Register: March 9, 2010 (75 FR 10830). prepared an environmental assessment The Commission’s related evaluation The Commission’s related evaluation under the special circumstances of the amendment is contained in a of the amendment is contained in a provision in 10 CFR 51.22(b) and has Safety Evaluation dated July 1, 2010. Safety Evaluation dated July 6, 2010. made a determination based on that No significant hazards consideration No significant hazards consideration assessment, it is so indicated. comments received: No. comments received: No.

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Dated at Rockville, Maryland, this 15th day The NRC Commission Meeting ADDRESSES: Comments should be sent to of July 2010. Schedule can be found on the Internet the Office of Information and Regulatory For the Nuclear Regulatory Commission. at: http://www.nrc.gov/about-nrc/policy- Affairs, Office of Management and Joseph G. Giitter, making/schedule.html. Budget, Attention: Desk Officer for Director, Division of Operating Reactor * * * * * Pension Benefit Guaranty Corporation, Licensing, Office of Nuclear Reactor The NRC provides reasonable via electronic mail at Regulation. accommodation to individuals with [email protected] or by fax [FR Doc. 2010–18078 Filed 7–26–10; 8:45 am] disabilities where appropriate. If you to (202) 395–6974. BILLING CODE 7590–01–P need a reasonable accommodation to Copies of the collection of participate in these public meetings, or information and PBGC’s request may be need this meeting notice or the obtained without charge by writing to NUCLEAR REGULATORY transcript or other information from the the Disclosure Division, Office of COMMISSION public meetings in another format (e.g. General Counsel, 1200 K Street, NW., [NRC–2010–0002] braille, large print), please notify Angela Washington, DC 20005–4026, or by Bolduc, Chief, Employee/Labor visiting the Disclosure Division or Sunshine Act; Notice of Meeting Relations and Work Life Branch, at 301– calling 202–326–4040 during normal 492–2230, TDD: 301–415–2100, or by e- business hours. (TTY/TDD users may DATE: Weeks of July 26, August 2, 9, 16, mail at [email protected]. call the Federal relay service toll-free at 23, 30, 2010. mailto:[email protected]. mailto:[email protected]. 1–800–877–8339 and ask to be PLACE: Commissioners’ Conference Determinations on requests for connected to 202–326–4040.) The Room, 11555 Rockville Pike, Rockville, reasonable accommodation will be premium payment regulation and the Maryland. made on a case-by-case basis. premium instructions (including STATUS: Public and Closed. illustrative forms) for 2010 and prior * * * * * years can be accessed on PBGC’s Web Week of July 26, 2010 This notice is distributed site at http://www.pbgc.gov. electronically to subscribers. If you no There are no meetings scheduled for FOR FURTHER INFORMATION CONTACT: the week of July 26, 2010. longer wish to receive it, or would like to be added to the distribution, please James Bloch, Program Analyst, Week of August 2, 2010—Tentative contact the Office of the Secretary, Legislative and Policy Division, or Catherine B. Klion, Manager, Regulatory There are no meetings scheduled for Washington, DC 20555 (301–415–1969), and Policy Division, Legislative and the week of August 2, 2010. or send an e-mail to [email protected]. Regulatory Department, Pension Benefit Week of August 9, 2010—Tentative Guaranty Corporation, 1200 K Street, Dated: July 22, 2010. Thursday, August 12, 2010 NW., Washington, DC 20005–4026; 202– Rochelle C. Bavol, 326–4024. (TTY/TDD users may call the 9:30 a.m. Meeting with Organization Policy Coordinator, Office of the Secretary. Federal relay service toll-free at 1–800– of Agreement States (OAS) and [FR Doc. 2010–18482 Filed 7–23–10; 4:15 pm] 877–8339 and ask to be connected to Conference of Radiation Control BILLING CODE 7590–01–P 202–326–4024.) Program Directors (CRCPD) (Public SUPPLEMENTARY INFORMATION: Section Meeting) (Contact: Cindy Flannery, 301 4007 of Title IV of the Employee 415–0223). Retirement Income Security Act of 1974 This meeting will be webcast live at PENSION BENEFIT GUARANTY the Web address—http://www.nrc.gov. CORPORATION (ERISA) requires pension plans covered under Title IV pension insurance Week of August 16, 2010—Tentative Submission of Information Collection programs to pay premiums to PBGC. There are no meetings scheduled for for OMB Review; Comment Request; Pursuant to section 4007, PBGC has the week of August 16, 2010. Payment of Premiums issued its regulation on Payment of Premiums (29 CFR Part 4007). Under Week of August 23, 2010—Tentative AGENCY: Pension Benefit Guaranty § 4007.3 of the premium payment There are no meetings scheduled for Corporation. regulation, plan administrators are the week of August 23, 2010. ACTION: Notice of request for extension required to file premium payments and of OMB approval of revised collection of information prescribed by PBGC. Week of August 30, 2010—Tentative information. Premium information must be filed There are no meetings scheduled for electronically using ‘‘My Plan the week of August 30, 2010. SUMMARY: The Pension Benefit Guaranty Administration Account’’ (‘‘My PAA’’) * * * * * Corporation (PBGC) is modifying the through PBGC’s Web site except to the The schedule for Commission collection of information under Part extent PBGC grants an exemption for meetings is subject to change on short 4007 of its regulation on Payment of good cause in appropriate notice. To verify the status of meetings, Premiums (OMB control number 1212– circumstances, in which case the call (recording)—(301) 415–1292. 0007; expires February 28, 2011) and is information must be filed using an Contact person for more information: requesting that the Office of approved PBGC form. The plan Rochelle Bavol, (301) 415–1651. Management and Budget (OMB) extend administrator of each pension plan * * * * * approval of the collection of information covered by Title IV of ERISA is required under the Paperwork Reduction Act for to submit one or more premium filings Additional Information three years. This notice informs the for each premium payment year. Under Affirmation of David Geisen, NRC public of PBGC’s request and solicits § 4007.10 of the premium payment Staff Petition for Review of LBP–09–24 public comment on the collection of regulation, plan administrators are (Aug. 28, 2009) previously scheduled on information. required to retain records about Friday, July 16, 2010, was postponed. DATES: Comments must be submitted by premiums and information submitted in * * * * * August 26, 2010. premium filings.

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PBGC needs information from premium accounting system to handle III. Ordering Paragraphs premium filings to identify the plans for the new data element. I. Introduction which premiums are paid, to verify The collection of information under whether the amounts paid are correct, to the regulation has been approved On July 14, 2010, the Postal Service help PBGC determine the magnitude of through February 28, 2011, by OMB filed a notice announcing that it has its exposure in the event of plan under control number 1212–0007. PBGC entered into an additional Global termination, to help track the creation of is requesting that OMB extend approval Expedited Package Services (GEPS) new plans and transfer of participants of the collection of information, with contract and seeks to add it as Global and plan assets and liabilities among modifications, for another three years. Expedited Package Services 3 to the plans, and to keep PBGC’s insured-plan An agency may not conduct or sponsor, competitive product list.1 The Postal inventory up to date. That information and a person is not required to respond Service believes the instant contract is and the retained records are also needed to, a collection of information unless it functionally equivalent to previously for audit purposes. displays a currently valid OMB control submitted GEPS 2 contracts, and is All plans covered by Title IV of number. supported by Governors’ Decision No. ERISA pay a flat-rate per-participant PBGC estimates that it will receive 08–7, attached to the Notice and premium. An underfunded single- 34,300 premium filings per year from originally filed in Docket No. CP2008– employer plan also pays a variable-rate 28,500 plan administrators under this 4. Id. at 1, Attachment 4. The Notice premium based on the value of the collection of information. PBGC further also explains that Order No. 86, which plan’s unfunded vested benefits. estimates that the average annual established GEPS 1 as a product, also Large-plan filers (i.e., plans that were burden of this collection of information authorized functionally equivalent required to pay premiums for 500 or is 9,000 hours and $59,960,000. agreements to be included within the more participants for the prior plan Issued in Washington, DC, July 21, 2010. product, provided that they meet the year) are required to pay PBGC’s flat- requirements of 39 U.S.C. 3633. Id. at 1. rate premium early in the premium John H. Hanley, Director, Legislative and Regulatory In Order No. 290, the Commission payment year. Because the participant approved the GEPS 2 product.2 count often is not available until late in Department, Pension Benefit Guaranty Corporation. the premium payment year, PBGC The Postal Service seeks to add the permits filers to make an ‘‘Estimated [FR Doc. 2010–18302 Filed 7–26–10; 8:45 am] GEPS 3 product to the competitive flat-rate premium filing.’’ BILLING CODE 7709–01–P product list. Id. at 2. Although the filing All plans are required to make a is styled as a ‘‘request,’’ it does not ‘‘Comprehensive premium filing.’’ appear to have been submitted pursuant Comprehensive filings are used to report POSTAL REGULATORY COMMISSION to 39 CFR 3020.30 et seq. Docket No. (i) the flat-rate premium and related MC2010–28 is established to consider [Docket Nos. MC2010–28 and CP2010–71; this aspect of the Postal Service’s filing. data (all plans), (ii) the variable-rate Order No. 492] premium and related data (single- Docket No. CP2010–71 is established to employer plans), and (iii) additional New Postal Product consider the instant contract. data such as identifying information and The instant contract. The Postal miscellaneous plan-related or filing- AGENCY: Postal Regulatory Commission. Service filed the instant contract related data (all plans). For large plans, ACTION: Notice. pursuant to 39 CFR 3015.5. In addition, the Comprehensive filing also serves to the Postal Service contends that the SUMMARY: The Commission is noticing a reconcile an estimated flat-rate premium contract is in accordance with Order No. recently-filed Postal Service filing to paid earlier in the year. 86. The term of the contract is 1 year add Global Expedited Package Services PBGC intends to revise the 2011 filing from the date the Postal Service notifies 3 to the competitive product list. The instructions to: the customer that all necessary Postal Service has also filed a related • Remove references to a transition regulatory approvals have been contract. This notice addresses rule in section 430 of the Internal received. The Postal Service relates that procedural steps associated with the Revenue Code that no longer applies. the instant contract is for the same • filing. Remove instructions about the mailer as in Docket No. CP2009–50. It credit card payment option for premium DATES: Comments are due: July 27, states the mailer’s current contract ends payments, which is being eliminated 2010. July 31, 2010, and it expects the new because of low usage. ADDRESSES: contract to begin August 1, 2010. • Clarify that if a plan has been frozen Submit comments more than once, a filer should report the electronically via the Commission’s In support of its Notice, the Postal most recent date that the plan became Filing Online system at http:// Service filed five attachments as closed to new entrants. These www.prc.gov. Commenters who cannot follows: instructions parallel the benefit-accrual- submit their views electronically should 1. Attachment 1–statement of FOR freeze instructions. contact the person identified in the supporting justification required by 39 • Make minor editorial changes. FURTHER INFORMATION CONTACT section CFR 3020.32; PBGC intends to revise the 2012 filing by telephone for advice on alternatives instructions to require plans using the to electronic filing. 1 Notice and Request of the United States Postal alternative premium funding target to FOR FURTHER INFORMATION CONTACT: Service to Add Global Expedited Package Services report the ‘‘effective interest rate’’ Stephen L. Sharfman, General Counsel, 3 to the competitive products list and Notice of Filing of Functionally Equivalent Negotiated (defined in section 430(h) of the Internal [email protected] or 202–789– Service Agreement and Application for Non-Public Revenue Code). PBGC will use this 6820. Treatment of Materials Filed Under Seal, July 14, information to update its annual SUPPLEMENTARY INFORMATION: 2010 (Notice); see also Notice of Errata Concerning contingency list and financial Electronic Filing, July 15, 2010. Table of Contents 2 Docket No. CP2009–50, Order Granting statements more timely and accurately. Clarification and Adding Global Expedited Package PBGC is not making this change until I. Introduction Services 2 to the competitive product list, August 2012 to provide time to modify its II. Notice of Filing 28, 2009 (Order No. 290).

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2. Attachment 2–a redacted copy of new ‘baseline’ agreement for Claim for Credit for Military Service, the contract a certified statement consideration of future GEPS 3 ID–4F, Advising of Ineligibility for required by 39 CFR 3015.5(c)(2); agreements’ functional equivalency.’’ Id. RUIA Benefits, ID–4U, Advising of 3. Attachment 3–a certified statement at 8. Service/Earnings Requirements for required by 39 CFR 3015.5(c)(2); RUIA Benefits, ID–4Y, Advising of II. Notice of Filing 4. Attachment 4–a redacted copy of Ineligibility for Sickness Benefits, ID– Governors’ Decision No. 08–07, which The Commission establishes Docket 4X, Advising of Service/Earnings establishes prices and classifications for Nos. MC2010–28 and CP2010–71 for Requirements for Sickness Benefits, ID– GEPS contracts, a description of consideration of matters raised in the 20–1, Advising that Normal applicable GEPS contracts, formulas for Postal Service’s Notice. Unemployment Benefits Are About to prices, an analysis and certification of Interested persons may submit Be Exhausted, ID–20–2, Advising that the Governors’ vote; and comments on whether the Postal Normal Sickness Benefits Are About to 5. Attachment 5–an application for Service’s contract is consistent with the Be Exhausted, ID–20–4, Advising That non-public treatment of materials to policies of 39 U.S.C. 3632, 3633, or Normal Sickness Benefits Are About to maintain redacted portions of the 3642, 39 CFR part 3015, and 39 CFR Be Exhausted/Non-Entitlement, ID–5I, contract and supporting documents 3020 subpart B. Comments are due no Letter to Non-Railroad Employers on under seal. later than July 27, 2010. The public Employment and Earnings of a Functional equivalence. The Notice portions of these filings can be accessed Claimant, ID–5R (SUP), Report of advances reasons why the instant GEPS via the Commission’s Website (http:// Employees Paid RUIA Benefits for Every 3 contract fits within the Mail www.prc.gov). Day in Month Reported as Month of Classification Schedule language for The Commission appoints Paul L. Creditable Service, ID–49R, Letter to GEPS contracts. The Postal Service Harrington to serve as Public Railroad Employers for Payroll contends that instant contract is Representative in the captioned filings. Information, and UI–48, Claimant’s functionally equivalent to previous Statement Regarding Benefit Claim for GEPS 2 contracts and should be added III. Ordering Paragraphs Days of Employment. Our ICR describes to the competitive product list as GEPS It is ordered: the information we seek to collect from 3 to replace GEPS 2 contracts as they 1. The Commission establishes Docket the public. Review and approval by expire. Id. at 4. It asserts that the instant Nos. MC2010–28 and CP2010–71 for OIRA ensures that we impose contract shares the same cost and consideration of matters raised by the appropriate paperwork burdens. market characteristics as the previously Postal Service’s Notice. Completion of Forms ID–5I, ID– filed GEPS 2 contracts and the same 2. Comments by interested persons in 5R(SUP), ID–49R and UI–48 is customers, small or medium-sized these proceedings are due no later than voluntary. Completion of Forms UI–9, businesses, that mail products directly July 27, 2010. UI–23, UI–44, ID–4F, ID–4U, ID–4K, ID– to foreign destinations using Express 3. Pursuant to 39 U.S.C. 505, Paul L. 4Y, ID–20–1, ID–20–2, and ID–204 is Mail International, Priority Mail Harrington is appointed to serve as the required to obtain or retain benefits. International, or both. Id. officer of the Commission (Public The Postal Service identifies Representative) to represent the One response is required of each customer-specific information, general interests of the general public in these respondent. contract terms and other differences that proceedings. The RRB invites comments on the distinguish the instant contract from the 4. The Secretary shall arrange for proposed collection of information to baseline GEPS 2 agreement, all of which publication of this order in the Federal determine (1) the practical utility of the are highlighted in the Notice. Id. at 5– Register. collection; (2) the accuracy of the 8. By the Commission. estimated burden of the collection; (3) The Postal Service contends that in Shoshana M. Grove, ways to enhance the quality, utility and clarity of the information that is the spite of these differences the instant Secretary. subject of collection; and (4) ways to contract is functionally equivalent to [FR Doc. 2010–18314 Filed 7–26–10; 8:45 am] previously filed GEPS contracts and fits minimize the burden of collections on BILLING CODE 7710–FW–S within the requirements of the respondents, including the use of Governors Decision for GEPS automated collection techniques or agreements. Id. at 5. See also id. (‘‘[T]he other forms of information technology. RAILROAD RETIREMENT BOARD relevant characteristics are similar, if Comments to RRB or OIRA must contain the OMB control number of the ICR. For not the same, for this GEPS 3 contract Agency Forms Submitted for OMB proper consideration of your comments, and the previously filed contracts.’’). Review, Request for Comments The Postal Service also contends that it is best if RRB and OIRA receive them its filings demonstrate that the new SUMMARY: In accordance with the within 30 days of publication date. GEPS 3 contract complies with the Paperwork Reduction Act of 1995 (44 Previous Requests for Comments: The requirements of 39 U.S.C. 3633, is U.S.C. Chapter 35), the Railroad RRB has already published the initial functionally equivalent to other GEPS Retirement Board (RRB) is forwarding 60-day notice (75 FR 16874 on April 2, contracts and should be considered the an Information Collection Request (ICR) 2010) required by 44 U.S.C. 3506(c)(2). baseline for future GEPS agreements. It to the Office of Information and That request elicited no comments. requests approval for the contract to be Regulatory Affairs (OIRA), Office of Information Collection Request (ICR) included within the GEPS 3 product. Id. Management and Budget (OMB) to at 8. request an extension of an existing Title: RUIA Investigations and Baseline treatment. The Postal Service collection of information: 3220–0025, Continuing Entitlement. states that the instant contract takes the RUIA Investigations and Continuing OMB Control Number: 3220–0025. place of its immediate predecessor Entitlement, consisting of RRB Form(s) Form(s) submitted: UI–9, UI–23, UI– which served as the baseline contract UI–9, Applicant’s Statement of 44, ID–4F, ID–4U, ID–4X, ID–4Y, ID–20– for the GEPS 2 product. It requests that Employment and Wages, UI–23, 1, ID–20–2, ID–20–4, ID–5I, ID– the instant contract be considered the Claimant’s Statement of Service, UI–44, 5R(SUP), ID–49R, UI–48.

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Type of request: Extension of a exempting them from section 9(a) of the SUPPLEMENTARY INFORMATION: The currently approved collection. Act, with respect to an injunction following is a temporary order and a Affected public: Individuals or entered against Goldman, Sachs & Co. summary of the application. The households, Business or other for-profit, (‘‘Goldman Sachs’’) on July 20, 2010 by complete application may be obtained Non-profit institutions, State, Local or the United States District Court for the via the Commission’s Web site by Tribal Government. Southern District of New York (the searching for the file number, or an Abstract: The information collection ‘‘Injunction’’), until the Commission applicant using the Company name box, has two purposes. When RRB records takes final action on an application for at http://www.sec.gov/search/ that railroad service and/or a permanent order. Applicants also have search.htm, or by calling (202) 551– compensation is insufficient to qualify a applied for a permanent order. 8090. claimant for unemployment or sickness APPLICANTS: Goldman Sachs, Goldman Applicants’ Representations benefits, the RRB obtains information Sachs Asset Management, L.P. (‘‘GSAM, needed to reconcile the compensation L.P.’’), Goldman Sachs Asset 1. Goldman Sachs, a New York and/or service on record with that Management International (‘‘GSAMI’’), limited partnership, is a global claimed by the employee. Other forms Goldman Sachs Hedge Fund Strategies investment banking and securities firm. in the collection allow the RRB to LLC (‘‘GSHFS’’), Commonwealth Goldman Sachs is registered as an determine whether unemployment or Annuity and Life Insurance Company investment adviser with the sickness benefits were properly (‘‘Commonwealth’’), First Allmerica Commission pursuant to section 203 of obtained. Financial Life Insurance Company the Investment Advisers Act of 1940 Changes Proposed: The RRB proposes (‘‘FAFLIC’’) and Epoch Securities, Inc. (‘‘Advisers Act’’). Goldman Sachs is also no changes to any of the forms in the (‘‘Epoch,’’ together, the ‘‘Applicants’’).1 registered as a broker-dealer under the Securities Exchange Act of 1934 (the collection. FILING DATES: The application was filed ‘‘Exchange Act’’) and acts as a principal The proposed burden estimate for this on July 16, 2010, and amended on July underwriter of certain registered ICR is as follows: 21, 2010. Estimated annual number of investment companies. GSAM, L.P., respondents: 10,700. HEARING OR NOTIFICATION OF HEARING: An GSAMI and GSHFS are each registered Total annual responses: 10,700. order granting the application will be under the Advisers Act as investment Total annual reporting hours: 2,512. issued unless the Commission orders a advisors and provide investment FOR FURTHER INFORMATION CONTACT: hearing. Interested persons may request advisory or subadvisory services to Copies of the form and supporting a hearing by writing to the Funds.2 Commonwealth and FAFLIC documents can be obtained from Commission’s Secretary and serving are insurance companies domiciled in Charles Mierzwa, the agency clearance Applicants with a copy of the request, Massachusetts and each acts as officer at (312–751–3363) or personally or by mail. Hearing requests depositor for certain separate accounts [email protected]. should be received by the Commission that are registered as UITs under the Comments regarding the information by 5:30 p.m. on August 16, 2010, and Act. Epoch is a registered broker-dealer collection should be addressed to should be accompanied by proof of that acts as principal underwriter for the Patricia A. Henaghan, Railroad service on Applicants, in the form of an UITs of Commonwealth and FAFLIC. Retirement Board, 844 North Rush affidavit, or for lawyers, a certificate of Each of Goldman Sachs, GSAM, L.P., Street, Chicago, Illinois 60611–2092 or service. Hearing requests should state GSAMI and GSHFS provide investment e-mailed to the nature of the writer’s interest, the advisory services to ESCs, as defined in [email protected] and to reason for the request, and the issues section 2(a)(13) of the Act, which the OMB Desk Officer for the RRB, at contested. Persons who wish to be provide investment opportunities for the Office of Management and Budget, notified of a hearing may request partners of Goldman Sachs (prior to its Room 10230, New Executive Office notification by writing to the initial public offering) and certain Building, Washington, DC 20503. Commission’s Secretary. employees and consultants of Goldman ADDRESSES: Secretary, U.S. Securities & Sachs and its affiliates. GSHFS does not Charles Mierzwa, Exchange Commission, 100 F Street, currently provide investment advisory Clearance Officer. NE., Washington, DC 20549–1090. services to registered investment [FR Doc. 2010–18271 Filed 7–26–10; 8:45 am] Applicants: Goldman Sachs, GSAM, companies. BILLING CODE 7905–01–P L.P. and GSHFS, 200 West Street, New 2. On July 20, 2010, the United States York, NY 10282; GSAMI, Christchurch District Court for the Southern District Court, 10–15 Newgate Street, London, of New York entered a final judgment, SECURITIES AND EXCHANGE England EC1A7HD; and which included the Injunction against COMMISSION Commonwealth, FAFLIC and Epoch, Goldman Sachs in a matter brought by 132 Turnpike Road, Southborough, MA the Commission (‘‘Final Judgment’’).3 [Release No. IC–29366; 812–13796] 01772. The Commission alleged in the Goldman, Sachs & Co., et al.; Notice of FOR FURTHER INFORMATION CONTACT: Jaea complaint (‘‘Complaint’’) that offering Application and Temporary Order F. Hahn, Senior Counsel, at (202) 551– materials related to a transaction in 6870 or Janet M. Grossnickle, Assistant July 21, 2010. Director, at 202–551–6821 (Division of 2 ‘‘Funds’’ refer to any registered investment AGENCY: Securities and Exchange Investment Management, Office of company or employees’ securities company (‘‘ESC’’) Commission (‘‘Commission’’). for which a Covered Person serves as an investment Investment Company Regulation). adviser, subadviser or depositor, or any registered ACTION: Temporary order and notice of open-end investment company, registered unit application for a permanent order under 1 Applicants request that any relief granted investment trust (‘‘UIT’’) or registered face amount section 9(c) of the Investment Company pursuant to the application also apply to any certificate company for which a Covered Person Act of 1940 (‘‘Act’’). existing company of which Goldman Sachs is an serves as principal underwriter (such activities, affiliated person and to any other company of collectively, ‘‘Fund Servicing Activities’’). which Goldman Sachs may become an affiliated 3 Securities and Exchange Commission v. SUMMARY OF APPLICATION: Applicants person in the future (together with Applicants, Goldman, Sachs & Co. and Fabrice Tourre, 10–CV– have received a temporary order ‘‘Covered Persons’’). 03229 (S.D.N.Y. July 20, 2010).

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which Goldman Sachs or its affiliates 2. Section 9(c) of the Act provides that Funds and their independent legal sold synthetic collateralized debt the Commission shall grant an counsel, as defined in rule 0–1(a)(6) obligations, which referenced a portfolio application for exemption from the under the Act, if any, regarding the of synthetic mortgage-backed securities, disqualification provisions of section Injunction, any impact on the Funds, to two institutional investors in early 9(a) if it is established that these and the application. Applicants have 2007 (‘‘Transaction’’), should have provisions, as applied to Applicants, are provided and will continue to provide disclosed that the hedge fund assuming unduly or disproportionately severe or the Funds with all information the short side of the Transaction had that Applicants’ conduct has been such concerning the Final Judgment and the played a role in the selection process. as not to make it against the public application that is necessary for the As part of an agreement to settle the interest or the protection of investors to Funds to fulfill their disclosure and action, Goldman Sachs entered into a grant the application. Applicants have other obligations under the Federal consent in which it acknowledged that filed an application pursuant to section securities laws. it was a mistake not to disclose the role 9(c) seeking a temporary and permanent 6. Applicants also assert that, if they of the hedge fund in the Transaction order exempting them from the were barred from providing Fund and consented to the entry of the Final disqualification provisions of section Servicing Activities to the Funds and Judgment, including the Injunction. The 9(a) of the Act. ESCs, the effect on their businesses and Final Judgment will also decree that 3. Applicants believe they meet the employees would be severe. Applicants Goldman Sachs is liable for standards for exemption specified in state that they have committed disgorgement of $15 million and a civil section 9(c). Applicants state that the substantial resources to establish an penalty of $535 million.4 prohibitions of section 9(a) as applied to expertise in Fund Servicing Activities. them would be unduly and Applicants further state that prohibiting Applicants’ Legal Analysis disproportionately severe and that the them from Fund Servicing Activities 1. Section 9(a)(2) of the Act, in conduct of Applicants has been such as would not only adversely affect their relevant part, prohibits a person who not to make it against the public interest businesses, but would also adversely has been enjoined from engaging in or or the protection of investors to grant affect over 600 employees at GSAM, L.P. continuing any conduct or practice in the exemption from section 9(a). alone that are involved in those connection with the purchase or sale of 4. Applicants state that the violations activities. Applicants also state that a security from acting, among other alleged in the Complaint did not involve disqualifying Goldman Sachs, GSAM, things, as an investment adviser or Fund Servicing Activities or the current L.P., GSAMI and GSHFS from depositor of any registered investment or former Goldman Sachs employees continuing to provide investment company or a principal underwriter for who are or were involved in Fund advisory services to ESCs is not in the any registered open-end investment Servicing Activities. Applicants also public interest or in furtherance of the company, registered UITs or registered state that no current or former director, protection of investors. Applicants face-amount certificate company. officer, or employee of Goldman Sachs assert that it would not be consistent Section 9(a)(3) of the Act makes the or the other Applicants—who is with the purposes of the ESC provisions prohibition in section 9(a)(2) applicable involved in providing Fund Servicing of the Act or the representations made to a company any affiliated person of Activities to Funds—had any in the application for the ESC order to which has been disqualified under the knowledge of, or was involved in, the require another entity not affiliated with provisions of section 9(a)(2). Section conduct that forms the basis of the Goldman Sachs to manage the ESCs. In 2(a)(3) of the Act defines ‘‘affiliated Complaint. Applicants further state that addition, participants in the ESCs have person’’ to include any person directly the individual defendant named in the subscribed for interests in the ESCs with or indirectly controlling, controlled by, Complaint and the other personnel at the expectation that the ESCs would be or under common control with, the Goldman Sachs who were involved in managed by Goldman Sachs or one of its other person. Applicants state that the violations alleged in the Complaint affiliates. Goldman Sachs is an affiliated person of have had no and will not have any 7. Applicants state that Goldman each of the other Applicants within the future involvement in providing Fund Sachs has previously sought and meaning of section 2(a)(3) of the Act Servicing Activities to Funds. received exemptions under section 9(c) because they are under common control. Applicants represent that the alleged of the Act on four occasions, as Applicants state that entry of the Final conduct giving rise to the Final described in the application. Judgment would result in the Judgment did not involve any Fund or Applicants’ Condition disqualification of Goldman Sachs the assets of any Fund for which an under section 9(a)(2) and the other Applicant provided Fund Servicing Applicants agree that any order Applicants under section 9(a)(3) of the Activities. granting the requested relief will be Act. 5. Applicants state that the inability of subject to the following condition: the Applicants to engage in Fund Any temporary exemption granted 4 The Final Judgment will also require Goldman Servicing Activities would result in pursuant to the application shall be Sachs to comply with certain undertakings relating potentially severe hardships for the without prejudice to, and shall not limit to (i) the vetting and approval process for offerings Funds (including the UITs) and their the Commission’s rights in any manner of residential mortgage-related securities products by its firmwide Capital Committee, (ii) review of shareholders or contract holders. with respect to, any Commission marketing materials used in connection with Applicants state that they will investigation of, or administrative residential mortgage-related securities offerings by distribute, as soon as reasonably proceedings involving or against, the Goldman Sachs’ Legal Department and Compliance practicable, written materials, including Covered Persons, including without Department, (iii) annual internal audits of the review of such marketing materials, (iv) where an offer to meet in person to discuss the limitation, the consideration by the Goldman Sachs is the lead underwriter of an materials, to the boards of directors or Commission of a permanent exemption offering of residential mortgage-related securities trustees of the Funds (excluding for this from section 9(a) of the Act requested and retains outside counsel to advise on the purpose, the ESCs) (the ‘‘Boards’’), pursuant to the application or the offering, review of the related offering materials by outside counsel and (v) education and training of including the directors who are not revocation or removal of any temporary persons involved in the structuring or marketing of ‘‘interested persons,’’ as defined in exemptions granted under the Act in residential mortgage-related securities offerings. section 2(a)(19) of the Act, of such connection with the application.

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Temporary Order Institution and settlement of FINRA proposed to adopt FINRA Rule The Commission has considered the administrative proceedings; and 5141 (Sale of Securities in a Fixed Price Other matters relating to enforcement matter and finds that Applicants have Offering) in the Consolidated FINRA proceedings. made the necessary showing to justify Rulebook and to delete NASD Rules At times, changes in Commission 0120(h), 2730, 2740 and 2750, and granting a temporary exemption. priorities require alterations in the Accordingly, NASD IM–2730, IM–2740 and IM–2750. scheduling of meeting items. Proposed FINRA Rule 5141 would be It is hereby ordered, pursuant to For further information and to a new, consolidated rule intended to section 9(c) of the Act, that Covered ascertain what, if any, matters have been protect the integrity of fixed price Persons are granted a temporary added, deleted or postponed, please offerings 5 by ensuring that securities in exemption from the provisions of contact: such offerings are sold to the public at section 9(a), effective as of the date of The Office of the Secretary at (202) the stated public offering price or prices, the Injunction, solely with respect to the 551–5400. thereby preventing an undisclosed Injunction, subject to the condition in Dated: July 22, 2010. better price. The proposed rule is based the application, until the date the Elizabeth M. Murphy, in part on, and would replace, the Commission takes final action on an current fixed price offering rules (NASD application for a permanent order. Secretary. [FR Doc. 2010–18451 Filed 7–23–10; 11:15 am] Rules 0120(h), 2730, 2740 and 2750 and By the Commission. associated Interpretive Materials (‘‘IMs’’) BILLING CODE 8010–01–P Elizabeth M. Murphy, 2730, 2740 and 2750).6 Like the current Secretary. fixed price offering rules, the proposed [FR Doc. 2010–18313 Filed 7–26–10; 8:45 am] SECURITIES AND EXCHANGE rule would prohibit the grant of certain BILLING CODE 8010–01–P COMMISSION preferences (e.g., selling concessions, discounts, other allowances or various [Release No. 34–62539; File No. SR–FINRA– economic equivalents) in connection 2010–029] SECURITIES AND EXCHANGE with fixed price offerings of securities. COMMISSION Self-Regulatory Organizations; A. Proposed FINRA Rule 5141 Financial Industry Regulatory Sunshine Act Meetings Paragraph (a) of the proposed rule Authority, Inc.; Order Approving the would provide that no member or Notice is hereby given, pursuant to Proposed Rule Change To Adopt person associated with a member that the provisions of the Government in the FINRA Rule 5141 (Sale of Securities in participates in a selling syndicate or Sunshine Act, Public Law 94–409, that a Fixed Price Offering) in the the Securities and Exchange Consolidated FINRA Rulebook incorporated from NYSE (‘‘Incorporated NYSE Rules’’) (together, the NASD Rules and Incorporated Commission will hold Closed Meetings July 21, 2010. on Wednesday, July 28, 2010 at 2:30 NYSE Rules are referred to as the ‘‘Transitional I. Introduction Rulebook’’). While the NASD Rules generally apply p.m. and on Thursday, July 29, 2010 at to all FINRA members, the Incorporated NYSE 2 p.m. On May 27, 2010, the Financial Rules apply only to those members of FINRA that Commissioners, Counsel to the Industry Regulatory Authority, Inc. are also members of the NYSE (‘‘Dual Members’’). Commissioners, the Secretary to the The FINRA Rules apply to all FINRA members, (‘‘FINRA’’) (f/k/a National Association of unless such rules have a more limited application Commission, and recording secretaries Securities Dealers, Inc. (‘‘NASD’’)) filed by their terms. For more information about the will attend the Closed Meetings. Certain with the Securities and Exchange rulebook consolidation process, see Information staff members who have an interest in Commission (‘‘Commission’’), pursuant Notice, March 12, 2008 (Rulebook Consolidation the matters also may be present. Process). to Section 19(b)(1) of the Securities 5 NASD Rule 0120(h) defines the term ‘‘fixed price 1 The General Counsel of the Exchange Act of 1934 (‘‘Act’’) and Rule offering’’ to mean the offering of securities at a Commission, or his designee, has 19b–4 thereunder,2 a proposal to adopt stated public offering price or prices, all or part of certified that, in his opinion, one or FINRA Rule 5141 (Sale of Securities in which securities are publicly offered in the United more of the exemptions set forth in 5 States or any territory thereof, whether or not a Fixed Price Offering) in the registered under the Securities Act of 1933. The U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) consolidated FINRA rulebook and to term does not include offerings of ‘‘exempted and 17 CFR 200.402(a)(3), (5), (7), 9(ii) delete NASD Rules 0120(h), 2730, 2740 securities’’ or ‘‘municipal securities’’ as those terms and (10), permit consideration of the and 2750, and NASD IM–2730, IM–2740 are defined in Sections 3(a)(12) and 3(a)(29), scheduled matters at the Closed respectively, of the Securities Exchange Act or and IM–2750. This proposal was offerings of redeemable securities of investment Meeting. published for comment in the Federal companies registered pursuant to the Investment Commissioner Casey, as duty officer, Register on June 21, 2010.3 The Company Act of 1940 which are offered at prices voted to consider the items listed for the Commission received no comments determined by the net asset value of the securities. The proposed rule change would incorporate the Closed Meetings in closed session, and regarding the proposal. This order definition of ‘‘fixed price offering’’ into the proposed determined that no earlier notice thereof approves this proposed rule change. rule in substantially identical form. See proposed was possible. FINRA Rule 5141.04. See also Section II.B infra and The subject matter of the Closed II. Description of the Proposed Rule Section (C) under Item II.C in the Notice. Meeting scheduled for Wednesday, July Change 6 The current fixed price offering rules are also known as the Papilsky rules because of the court 28, 2010 will be: As part of the process of developing decision with which they are commonly associated. Institution and settlement of an a new consolidated rulebook See Papilsky v. Berndt, Fed. Sec. L. Rep (CCH) ¶ injunctive action; and (‘‘Consolidated FINRA Rulebook’’),4 95,627 (S.D.N.Y. June 24, 1976). For more Institution and settlement of information regarding the background of NASD 1 Rules 0120(h), 2730, 2740 and 2750 and the administrative proceedings. 15 U.S.C. 78s(b)(1). associated IMs, see Notice to Members 81–3 The subject matter of the Closed 2 17 CFR 240.19b–4. (February 1981) (Adoption of New Rules Meeting scheduled for Thursday, July 3 Securities Exchange Act Release No. 62299 Concerning Securities Distribution Practices) (June 16, 2010), 75 FR 35105 (June 21, 2010) (SR– (‘‘Notice to Members 81–3’’); see also Securities 29, 2010 will be: FINRA–2010–029) (‘‘Notice’’). Exchange Act Release No. 17371 (December 12, Institution and settlement of 4 The current FINRA rulebook consists of: (1) 1980), 45 FR 83707 (December 19, 1980) (File No. injunctive actions; FINRA Rules; (2) NASD Rules; and (3) rules SR–NASD–78–3).

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selling group 7 or that acts as the single proposed rule would apply until the that the proposed rule’s approach of underwriter 8 in connection with a fixed termination of the offering or until a setting forth a definition for the term price offering may offer or grant, member, having made a bona fide ‘‘reduced price’’ is new and is designed, directly or indirectly, to any person 9 or public offering of the securities, is like the current fixed price offering account that is not a member of the unable to continue selling such rules, to prohibit in comprehensive selling syndicate or selling group or that securities at the stated public offering terms the direct or indirect offering of is a person or account other than the price.14 various economic equivalents of a price single underwriter 10 any securities in Proposed FINRA Rule 5141(b) below the stated public offering price. the offering at a price below the stated provides that nothing in the proposed For example, under the proposed public offering price (i.e., a ‘‘reduced rule would prohibit the purchase and definition of ‘‘reduced price’’ the price’’).11 sale of securities in a fixed price offering practice of overtrading—addressed Proposed FINRA Rule 5141(a) further between members of the selling under current NASD Rule 2730 17— provides that, subject to the syndicate or selling group.15 would be prohibited. Similarly, under requirements of FINRA Rule 5130,12 a Proposed FINRA Rule 5141.01 defines the proposed definition improper member of a selling syndicate or selling the term ‘‘reduced price.’’ The proposed underwriting recapture—addressed group, or a member that acts as the rule provides that, for purposes of the under current NASD Rule 2740 18— single underwriter, would be permitted rule, ‘‘reduced price’’ includes, without would also be prohibited. to sell securities in the offering to an limitation, any offer or grant of any Proposed FINRA Rule 5141.02 is affiliated person, provided the member selling concession, discount or other based generally on NASD Rules does not sell the securities to the allowance, credit, rebate, reduction of 2740(a)(1) and (b) and IM–2740 and affiliated person at a reduced price as any fee (including any advisory or would preserve the allowance permitted set forth under proposed FINRA Rule service fee), any sale of products or under those rules with respect to 13 services at prices below reasonable 5141.01. The requirements of the research services. Specifically, the commercially available rates for similar proposed rule provides that nothing in 7 The terms ‘‘selling group’’ and ‘‘selling products and services (except for the new rule would prohibit a member syndicate’’ are defined in NASD Rules 0120(p) and research, which, as discussed below, is or person associated with a member that (q), respectively. Other than to reflect the new subject to proposed FINRA Rule conventions of the Consolidated FINRA Rulebook, participates in a selling syndicate or 5141.02), or any purchase of or FINRA did not propose to alter these two selling group, or that acts as the single definitions. arrangement to purchase securities from underwriter, from selling securities in 8 In response to commenter suggestion, FINRA the person or account at more than their the offering to a person or account to revised the proposed rule to clarify that it would fair market price in exchange for apply to any member acting as the single which it has provided or will provide securities in the offering.16 FINRA noted underwriter in an offering. See Section (A) under research, provided the person or Item II.C in the Notice; see also proposed FINRA Rules 5141(a), 5141.02 and 5141.03. regardless of whether they are an affiliated person. account pays the stated public offering 9 NASD Rule 0120(n) defines ‘‘person’’ to include Accordingly, the new rule would render Rule price for the securities and the research any natural person, partnership, corporation, 2750’s general prohibition on related person is provided pursuant to 19 the association, or other legal entity. Other than to transactions redundant. See Section II.B infra. requirements of Section 28(e) of the reflect the new conventions of the Consolidated 14 The proposed rule provides that, for purposes Act.20 The proposed rule would provide FINRA Rulebook, FINRA did not propose to alter of the rule, securities in a fixed price offering would this definition. be presumed salable if the securities immediately 10 Proposed FINRA Rule 5141(a) is based in part trade in the secondary market at a price or prices is solely for purposes of proposed FINRA Rule 5141 on NASD Rule 2740(a), which provides, among which are above the stated public offering price. and is not intended to affect any other provisions other things, that in connection with the sale of This is based in part on NASD Rule 2750(d), which with respect to pricing that are set forth in FINRA securities which are part of a fixed price offering provides among other things that a member or a rules. a member may not grant or receive selling related person of a member is ‘‘presumed not to 17 When Rule 2730 was adopted in its current concessions, discounts, or other allowances except have made a bona fide public offering * * * if the form—then designated as Section 8 of Article III of as consideration for services rendered in securities being offered immediately trade in the the Rules of Fair Practice—FINRA explained: ‘‘An distribution and may not grant such concessions, secondary market at a price or prices which are at overtrade occurs when, as part of a swap, a dealer discounts or other allowances to anyone other than or above the public offering price.’’ FINRA stated pays more for securities purchased from an a broker or dealer actually engaged in the that it believes that the standard set forth in the institution than their fair market price. It also investment banking or securities business. FINRA proposed rule is clear and easily applied. See occurs if the member acting as agent charges less stated that it believes that it serves the interest of Section (F) under Item II.C in the Notice. FINRA than a normal commission. In either event, the net clarity for the new, consolidated rule to specify that noted that the proposed rule does not attempt to effect of what the customer receives is a discount its requirements apply to members of the selling define ‘‘bona fide public offering’’ per se because the from the public offering price and is therefore syndicate or selling group, as those terms are term ‘‘bona fide’’ speaks for itself and, as noted in prohibited.’’ See Notice to Members 81–3. defined under the FINRA rulebook, or the member current IM–2750, any such determination must rest 18 In Notice to Members 81–3, FINRA explained acting as the single underwriter, as applicable. on the basis of all relevant facts and circumstances. that Rule 2740, then designated as Section 24 of 11 As discussed below, proposed FINRA Rule 15 FINRA stated that it believes that it serves the Article III of the Rules of Fair Practice, ‘‘serves the 5141.01 defines the term ‘‘reduced price’’ for interest of regulatory clarity for the new, twofold function of promoting the securities purposes of the proposed rule. consolidated rule to provide that the rule does not distribution process and assuring that the selling 12 FINRA Rule 5130 (former NASD Rule 2790) prohibit this aspect of the underwriting process. concession, discount or other allowance offered to addresses restrictions on the purchase and sale of 16 The proposed rule defines ‘‘fair market price’’ professional broker/dealers to facilitate the initial equity public offerings. The rule generally to refer generally to a price or range of prices at distribution of securities to investors is given, prohibits sales to and purchases by a broker-dealer which a buyer and a seller, each unrelated to the consistent with the representations made to the and accounts in which a broker-dealer has a other, would purchase the securities in the ordinary public in prospectuses, only to persons who are beneficial interest. course of business in transactions that are of similar entitled to it. Thus, the section prohibits the 13 The proposed rule change would eliminate the size and similar characteristics and are independent surreptitious and unfair discriminatory granting of general prohibition on transactions with related of any other transaction. FINRA stated that it a discount to select investors who are in a position persons as set forth in current NASD Rule 2750 believes that this standard, based in part on current to take advantage of various recapture devices.’’ (subject, as already discussed, to the requirements NASD Rule 2730(b)(2), is straightforward and easily 19 FINRA made a minor revision to proposed of FINRA Rule 5130). FINRA stated that it believes applied. For further discussion, see Section (E) FINRA Rule 5141.02 so as to clarify that research, that the new, consolidated rule serves the core under Item II.C in the Notice. Similarly, FINRA in order to qualify under the proposed rule, must purpose of the fixed price offering rules because it stated that it believes that the standard ‘‘reasonable be provided pursuant to the cited provision of the prohibits the conferring of a reduced price on a commercially available rates for similar products Act. See Regulatory Notice 09–45 (Fixed Price person or account that is not a member of the and services’’—new for purposes of the proposed Offerings) (August 2009). selling syndicate or selling group or that is a person rule—is clear and effective. Lastly, FINRA noted 20 FINRA noted their belief that proposed FINRA or account other than the single underwriter, that the proposed definition of ‘‘fair market price’’ Rule 5141.02 serves the interest of regulatory clarity

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that, like current NASD Rule 2740(b) 1. NASD Rule 2730 and IM–2730 recordkeeping obligations under FINRA 27 and IM–2740, investment management NASD Rule 2730(a) generally and Commission rules. or investment discretionary services are prohibits overtrading by providing that 2. NASD Rule 2740 and IM–2740 not research. The proposed rule further a member engaged in a fixed price NASD Rule 2740(a) generally requires that any product or service offering, who purchases or arranges the provides that in connection with a fixed provided by a member or person purchase of securities taken in trade, price offering, selling concessions, associated with a member that does not must purchase the securities at a fair discounts or other allowances may only qualify as research must not confer a market price at the time of purchase or be paid to brokers or dealers actually reduced price as set forth in proposed act as agent in the sale of such securities engaged in the investment banking or FINRA Rule 5141.01. and charge a normal commission. NASD securities business and only as Rule 2730(b) defines the terms ‘‘taken in Proposed FINRA Rule 5141.03 is new consideration for services rendered in trade,’’ ‘‘fair market price’’ and ‘‘normal and provides that transactions between distribution.28 Rule 2740(a)(1) provides commission.’’ NASD Rule 2730(c) sets a member of a selling syndicate or that nothing in the rule prohibits a forth certain criteria as to what selling group, or between a single member from selling securities in a constitutes the fair market price of underwriter, and an affiliated person fixed price offering to any person or securities taken in trade.23 FINRA that are part of the normal and ordinary account to whom the member has proposed to delete NASD Rules 2730(a) course of business and are unrelated to provided, or will provide, bona fide through (c) and the corresponding the sale or purchase of securities in a research, if the purchaser pays the provisions under IM–2730 because fixed price offering would not be stated public offering price for the FINRA believed that proposed FINRA deemed to confer a reduced price under securities. Rule 2740(a)(2) provides that Rule 5141(a) and the definitions of 21 nothing in the rule prohibits a member the rule. ‘‘reduced price’’ and ‘‘fair market price’’ from selling securities in a fixed price Proposed FINRA Rule 5141.04 set forth in proposed FINRA Rule offering that the member owns to any incorporates the current definition of 5141.01 would serve the purposes of the person at any net price which may be ‘‘fixed price offering’’ as set forth in NASD provisions in more fixed by the member unless prevented current NASD Rule 0120(h) with only straightforward and streamlined fashion by agreement. FINRA proposed to delete minor changes, primarily to reflect the and accordingly render them obsolete.24 NASD Rule 2730(d) addresses how NASD Rules 2740(a), (a)(1) and (a)(2) new conventions of the Consolidated and the corresponding provisions under FINRA Rulebook.22 bid and offer quotations for transactions subject to Rule 2730 must be obtained.25 IM–2740 because FINRA believed that Lastly, proposed FINRA Rule 5141.05 FINRA proposed to delete NASD Rule proposed FINRA Rules 5141(a), 5141.01 is new and would clarify that a member 2730(d) and the corresponding and 5141.02, in combination, achieve that is an investment adviser may the purpose of the NASD provisions and provisions under IM–2730 because 29 exempt securities that are purchased as FINRA believed that they are rendered accordingly render them obsolete. NASD Rule 2740(b) defines ‘‘bona fide part of a fixed price offering from the obsolete in view of FINRA’s proposed research’’ to mean advice, rendered calculation of annual or periodic asset- deletion of the other portions of NASD either directly or through publications based fees that the member charges a Rule 2730. customer, provided the exemption is NASD Rule 2730(e) imposes certain or writings, as to the value of securities, part of the member’s normal and recordkeeping requirements. Among the advisability of investing in, ordinary course of business with the other things, the rule requires a member purchasing, or selling securities, and the customer and is not in connection with who purchases a security taken in trade availability of securities or purchasers an offering. to keep adequate records to demonstrate or sellers of securities, or analyses and compliance with the rule and to reports concerning issuers, industries, B. Deletion of NASD Rules 2730, 2740, preserve the records for at least 24 securities, economic factors and trends, 2750 and 0120(h) and Associated IMs months after the transaction.26 FINRA portfolio strategy, and performance of 2730, 2740 and 2750 30 proposed to delete NASD Rule 2730(e) accounts. Rule 2740(b) and the interpretive material under ‘‘Bona Fide As noted above, proposed FINRA and the corresponding provisions under IM–2730 because FINRA believed that Research Exclusion’’ under IM–2740 Rule 5141 is a new, consolidated rule further provide that investment that is based in part on, and replaces, they are rendered obsolete in light of FINRA’s proposed deletion of the other the current fixed price offering rules 27 The Commission staff remind FINRA members (NASD Rules 2730, 2740, 2750 and portions of Rule 2730 and in light of of their recordkeeping obligations under Rules 17a– 0120(h) and associated IMs 2730, 2740 members’ supervisory and transactional 3 and 17a–4 under the Act. and 2750). Following are the specific 28 Corresponding interpretive material in the first 23 Corresponding interpretive material in the first four paragraphs of IM–2740 provide further requirements set forth in the current paragraph of IM–2730 addresses in detail, for elaboration of requirements with respect to the term fixed price offering rules that would be compliance purposes, a ‘‘safe harbor’’ for certain ‘‘services in distribution’’ and related issues. deleted as rendered redundant or transactions in securities with respect to the fair 29 See notes 10 and 18 and accompanying text. obsolete by the new, consolidated rule: market price requirements. Corresponding 30 Corresponding interpretive material under interpretive materials under ‘‘Presumption of ‘‘Bona Fide Research Exclusion’’ under IM–2740 Noncompliance,’’ ‘‘No Presumptions’’ and ‘‘Fair provides that the definition of ‘‘bona fide research’’ by articulating the allowance for research in Market Price at the Time of Purchase,’’ all under is ‘‘substantially the same’’ as the definition of straightforward and streamlined fashion. IM–2730, address additional fair market price- research that is set forth under Securities Exchange 21 FINRA believes that this provision is a useful related criteria. Act Section 28(e)(3), and incorporates by reference clarification that would generally protect ordinary- 24 See notes 16 and 17 and accompanying text. Commission guidance as to the circumstances when course business transactions between members of a 25 The quotations requirements set forth in NASD the exclusion for bona fide research is available. selling syndicate or selling group, or between a Rule 2730(d) are further elaborated by The ‘‘Bona Fide Research Exclusion’’ interpretive single underwriter, and affiliates from being corresponding interpretive material under material further reiterates that investment deemed transactions that confer a reduced price (so ‘‘Quotations’’ under IM–2730. management or investment discretionary services long as such transactions are unrelated to the sale 26 Corresponding interpretive material under are not bona fide research. Additional or purchase of securities in a fixed price offering). ‘‘Adequate Records’’ under IM–2730 sets forth corresponding interpretive material under ‘‘Indirect See Section (D) under Item II.C in the Notice. additional requirements with respect to Discounts’’ under IM–2740 addresses products or 22 See note 5. recordkeeping. services that fail to qualify as bona fide research.

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management or investment keep and maintain for twenty-four which a member that acts or plans to act discretionary services are not bona fide months records of information similar to as a sponsor of a unit investment trust research. FINRA proposed to delete that set forth in NASD Rule 2740(d). is deemed not to violate Rule 2750. NASD Rule 2740(b) and the FINRA proposed to delete NASD Rules FINRA proposed to delete the IM corresponding provisions under IM– 2740(d) and (e) because FINRA believed provisions because FINRA believed that 2740 because FINRA believed that that they are rendered obsolete in light they are obsolete in light of the proposed FINRA Rule 5141.02 serves of the proposed deletion of the other proposed deletion of the other portions the purpose of the NASD provisions in portions of NASD Rule 2740 and in light of NASD Rule 2750. more straightforward and streamlined of members’ supervisory and Lastly, as noted earlier in this filing, fashion and accordingly renders them transactional recordkeeping obligations the proposed rule change would obsolete.31 under FINRA and Commission rules.34 incorporate the definition of ‘‘fixed price NASD Rule 2740(c) requires a Further, FINRA noted that its regulatory offering’’ set forth in current NASD Rule member who grants a selling programs in connection with the concession, discount or other allowance 0120(h) into the proposed rule in proposed rule change will not require 37 to another person to obtain a written specific quarterly filings such as those substantially identical form. agreement from that person that he or currently required pursuant to NASD Accordingly, NASD Rule 0120(h) would she will comply with Rule 2740. If a Rule 2740(d). be deleted. member grants a selling concession, FINRA will announce the effective discount or other allowance to a non- 3. NASD Rule 2750 and IM–2750 date of the proposed rule change in a member broker or dealer in a foreign NASD Rule 2750(a) provides that no Regulatory Notice to be published no country, the rule requires that the member engaged in a fixed price later than 90 days following member must obtain from that non- offering of securities is permitted to sell Commission approval. The effective member an agreement that it will the securities to, or place the securities date will be no later than 180 days comply with NASD Rules 2730 and with, any person or account which is a following publication of the Regulatory 2750 (in addition to Rule 2740) as if the related person of the member, unless the Notice announcing Commission non-member were a member, and that related person is itself subject to the rule approval. the non-member will comply with or is a non-member broker-dealer that NASD Rule 2420 as that rule applies to has entered into the agreements III. Discussion and Findings a non-member broker-dealer in a foreign required under Rule 2740(c). NASD country. FINRA proposed to delete Rules 2750(b) and (c) address criteria After careful review, the Commission NASD Rule 2740(c) because FINRA pertaining to the term ‘‘related person.’’ finds that the proposed rule change is believed that it is sufficient to apply the As discussed earlier, the proposed rule consistent with the requirements of the requirements of the new, consolidated change would eliminate the Act, and the rules and regulations rule to FINRA members. The prohibitions under Rule 2750(a), which thereunder that are applicable to a 38 relationships between foreign non- FINRA believes would be redundant in national securities association. In members and their customers are light of the proposed rule’s overall particular, the Commission believes that beyond the scope of the proposed rule protections against the conferring of a the proposed rule change is consistent change.32 FINRA noted that the reduced price.35 Accordingly, FINRA with the provisions of Section 15A(b)(6) requirements of proposed FINRA Rule proposed to delete NASD Rule 2750(a), of the Act,39 which requires, among 5141 would apply to members—and as well as Rules 2750(b) and (c), as other things, that FINRA rules be would reach any reduced prices that FINRA believed that the criteria designed to prevent fraudulent and members offer or grant to non- pertaining to the term ‘‘related person’’ manipulative acts and practices, to members—regardless of whether would be rendered obsolete. promote just and equitable principles of agreements to comply with rules are NASD Rule 2750(d) provides that the trade, and, in general, to protect obtained.33 rule’s prohibitions do not apply to the investors and the public interest. The NASD Rule 2740(d) requires a sale or placement of securities in a Commission believes that the proposed member that receives an order from any trading or investment account of a rule change will streamline and person designating another broker or member or a related person of a member reorganize the existing rules and protect dealer to receive credit for the sale to after the termination of the fixed price the integrity of fixed price offerings by file reports with FINRA within thirty offering if the member or related person ensuring that securities in such offerings days after the end of each calendar has made a bona fide public offering of are sold to the public at the stated quarter with respect to each fixed price the securities.36 FINRA proposed to public offering price or prices, thereby offering that terminated during the delete NASD Rule 2750(d) and the preventing an undisclosed better price. quarter. The rule further specifies corresponding provisions under IM– certain information the reports must 2750 because FINRA believed that the IV. Conclusion contain. NASD Rule 2740(e) requires a provisions are obsolete in light of the It is therefore ordered, pursuant to member that is designated by its proposed deletion of the other portions customer for the sale of securities to Section 19(b)(2) of the Act,40 that the of Rule 2750. proposed rule change (File No. SR– The first paragraph of IM–2750 31 FINRA–2010–029) be, and hereby is, See notes 19 and 20 and accompanying text. addresses certain conditions under 32 Underwriting terms in foreign jurisdictions approved.41 vary considerably, as do applicable regulatory requirements. 34 The Commission staff again remind FINRA 37 See note 5. 33 For further discussion see Section (G) under members of their recordkeeping obligations under 38 Item II.C in the Notice. FINRA notes that NASD Rules 17a–3 and 17a–4 under the Act. In approving this proposal, the Commission has Rule 2420 is being addressed separately as part of 35 See note 13 and accompanying text. considered the proposed rule’s impact on the rulebook consolidation process. See Regulatory 36 NASD Rule 2750(d) and corresponding efficiency, competition, and capital formation. See Notice 09–69 (FINRA Requests Comment on interpretive material in the second paragraph under 15 U.S.C. 78c(f). Proposed Consolidated FINRA Rule Governing IM–2750 further set forth certain provisions with 39 15 U.S.C. 78o–3(b)(6). Payments to Unregistered Persons) (December respect to bona fide public offerings. See note 13 40 15 U.S.C. 78s(b)(2). 2009). and accompanying text. 41 17 CFR 200.30–3(a)(12).

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For the Commission, by the Division of (‘‘NASDAQ’’ or ‘‘Exchange’’) filed with adding and fees for removing liquidity Trading and Markets, pursuant to delegated the Securities and Exchange in options overlying Standard and authority. Commission (‘‘SEC’’ or ‘‘Commission’’) Poor’s Depositary Receipts/SPDRs Florence E. Harmon, the proposed rule change as described (‘‘SPY’’),6 PowerShares QQQ Trust Deputy Secretary. in Items I, II, and III below, which Items (‘‘QQQQ’’)® and Ishares Russell 2000 [FR Doc. 2010–18301 Filed 7–26–10; 8:45 am] have been prepared by the Exchange. (‘‘IWM’’); (iii) eliminate the fee for an BILLING CODE 8010–01–P The Commission is publishing this order that executes against another notice to solicit comments on the order entered by the same firm; and (iv) proposed rule change from interested allow a rebate for Customer orders SECURITIES AND EXCHANGE persons. which execute against other customer COMMISSION orders. I. Self-Regulatory Organization’s [Release No. 34–62543; File No. SR– Statement of the Terms of Substance of While changes pursuant to this NASDAQ–2010–075] the Proposed Rule Change proposal are effective upon filing, the Exchange has designated these changes Self-Regulatory Organizations; Notice The Exchange proposes to modify to be operative for transactions on July of Filing and Immediate Effectiveness Exchange Rule 7050 governing pricing 1, 2010. of Proposed Rule Change by The for NASDAQ members using the The text of the proposed rule change NASDAQ Stock Market LLC Relating to NASDAQ Options Market (‘‘NOM’’), is set forth below. Proposed new text is Fees for Execution of Contracts on the NASDAQ’s facility for executing and in italic and deleted text is in [brackets]. routing standardized equity and index NASDAQ Options Market 7050. NASDAQ Options Market options. Specifically, NOM proposes to: July 21, 2010. (i) Modify pricing for both Penny Pilot3 The following charges shall apply to the Pursuant to Section 19(b)(1) of the Options and All Other Options with use of the order execution and routing Securities Exchange Act of 1934 (‘‘Act’’)1 respect to the fees for adding 4 and services of the NASDAQ Options and Rule 19b–4 thereunder,2 notice is removing liquidity 5 as well as the Market for all securities. hereby given that, on June 30, 2010, The rebates for adding and removing (1) Fees for Execution of Contracts on NASDAQ Stock Market LLC liquidity; (ii) eliminate the rebates for the NASDAQ Options Market

FEES AND REBATES (per executed contract)

Non-NOM NOM market Customer Firm market maker maker

Penny Pilot Options: Rebate to Add Liquidity ...... $0.[25]32 $0.[25]10 $0.25 $0.[25]30 Fee for Removing Liquidity ...... $0.[35]40 $0.45 $0.45 $0.45 [IWM, QQQQ, SPY] [Rebate to Add Liquidity] ...... [$0.30] [$0.30] [$0.30] [$0.30] [Fee for Removing Liquidity] ...... [$0.35] [$0.45] [$0.45] [$0.45] NDX and MNX Rebate to Add Liquidity ...... $0.10 $0.10 $0.10 $0.20 Fee for Removing Liquidity ...... $0.50 $0.50 $0.50 $0.40 All Other Options: Fee for Adding Liquidity ...... [Free]$0.00 $0.[30]45 $0.[30]45 $0.30 Fee for Removing Liquidity ...... [¥]$0.40 $0.4[0]5 $0.45 $0.45 Rebate [for] to [Removing] Add Liquidity[*] ...... $0.20 [¥]$0.00 [¥]$0.00 $0.00[¥]

[Transactions in which the same at http:// II. Self-Regulatory Organization’s participant is the buyer and the seller www.nasdaqomx.cchwallstreet.com, at Statement of the Purpose of, and shall be charged a net fee of $0.10 per the principal office of the Exchange, and Statutory Basis for, the Proposed Rule executed contract.] at the Commission’s Public Reference Change Room. [*No rebate will be paid when a In its filing with the Commission, the customer order executes against another Exchange included statements customer order.] concerning the purpose of and basis for * * * * * the proposed rule change and discussed The text of the proposed rule change any comments it received on the is available on the Exchange’s Web site proposed rule change. The text of these

1 15 U.S.C. 78s(b)(1). effectiveness expanding and extending Penny seventy-five classes to Penny Pilot). See also 2 17 CFR 240.19b–4. Pilot); 60965 (November 9, 2009), 74 FR 59292 Exchange Rule Chapter VI, Section 5. 3 The Penny Pilot was established in March 2008 (November 17, 2009) (SR–NASDAQ–2009–097) 4 An order that adds liquidity is one that is and in October 2009 was expanded and extended (notice of filing and immediate effectiveness adding entered into NOM and rests on the NOM book. seventy-five classes to Penny Pilot); 61455 through December 31, 2010. See Securities 5 An order that removes liquidity is one that is Exchange Act Release Nos. 57579 (March 28, 2008), (February 1, 2010), 75 FR 6239 (February 8, 2010) entered into NOM and that executes against an 73 FR 18587 (April 4, 2008) (SR–NASDAQ–2008– (SR–NASDAQ–2010–013) (notice of filing and 026) (notice of filing and immediate effectiveness immediate effectiveness adding seventy-five classes order resting on the NOM book. establishing Penny Pilot); 60874 (October 23, 2009), to Penny Pilot); and 62029 (May 4, 2010), 75 FR 6 SPY options are based on the SPDR exchange- 74 FR 56682 (November 2, 2009) (SR–NASDAQ– 25895 (May 10, 2010) (SR–NASDAQ–2010–053) traded fund (‘‘ETF’’), which is designed to track the 2009–091) (notice of filing and immediate (notice of filing and immediate effectiveness adding performance of the S&P 500 Index.

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statements may be examined at the liquidity. The Exchange proposes to Elimination of IWM, QQQQ and SPY: places specified in Item IV below. The amend these fees as follows: Customers The Exchange currently pays a rebate of Exchange has prepared summaries, set would be assessed $0.40 per contract $0.30 per executed contract to all forth in Sections A, B, and C below, of instead of $0.35 per contract.10 members for adding liquidity in options the most significant aspects of such Non-Penny Options—Adding overlying IWM, QQQQ and SPY. The statements. Liquidity: The Exchange assesses a fee of Exchange also currently assesses a fee of A. Self-Regulatory Organization’s $0.30 per executed contract to members $0.35 per executed contract to members Statement of the Purpose of, and providing liquidity through NOM in removing liquidity through NOM in Statutory Basis for, the Proposed Rule options not included in the Penny Pilot options overlying IWM, QQQQ and SPY Change (under the category of All Other in the capacity of Customer and a fee of Options) in the capacity of firm, NOM $0.45 per executed contract to all 1. Purpose Market Maker and Non-NOM Market members removing liquidity in the NASDAQ is proposing to modify Rule Maker. The Exchange currently assesses capacity of firm, NOM Market Maker 7050 governing the fees assessed for no execution fees for members adding and Non-NOM Market Maker. options orders entered into NOM. liquidity through NOM, in All Other The Exchange proposes to eliminate Specifically, NASDAQ is proposing to Options, with an account type the rebate for adding liquidity and the modify pricing for both Penny Pilot Customer, and will continue to assess fee for removing liquidity in options Options and All Other Options with no fee. The Exchange proposes to overlying IWM, QQQQ and SPY. respect to the fees for adding and amend these fees for adding liquidity as Members would be assessed the rates removing liquidity as well as the rebates follows: a firm would be assessed $0.45 currently applicable to Penny Pilot for adding liquidity. These amendments per contract instead of $0.30 per Options going forward. The Exchange to the fees are part of the Exchange’s contract; and a Non-NOM Market Maker no longer believes that these rebates and continued effort to attract and enhance would be assessed a fee of $0.45 per fees are necessary incentives to promote participation in NOM. By amending its contract instead of $0.30 per contract.11 order flow in these symbols. fees, NASDAQ seeks to encourage Non-Penny Options—Removing Elimination of Fees: The Exchange industry market makers to participate as Liquidity: The Exchange assesses fees to currently assesses a net fee of $0.10 per registered market makers on NOM in members removing liquidity through executed contract when a member order order to attract additional liquidity. NOM in All Other Options and charges executes against an order entered by the Currently, NASDAQ distinguishes a fee of $0.40 per executed contract to same firm. In other words, a transaction between options that are included in the members removing liquidity in the in which the same participant is both Penny Pilot and those that are not. capacity of firm and a fee of $0.45 per the buyer and the seller is currently Penny Options—Adding Liquidity: executed contract to members removing assessed a net fee of $0.10 per contract. The Exchange currently pays a rebate of liquidity in the capacity of NOM Market The Exchange is proposing to eliminate $0.25 per executed contract to members Maker and Non-NOM Market Maker. this fee as the Exchange believes that providing liquidity through NOM in The Exchange currently assesses no this fee is no longer necessary. The fee options included in the Penny Pilot and execution fees for members removing was initially enacted to change the in the capacity of ‘‘Customer’’, ‘‘firm’’, liquidity through NOM, in All Other distinction between orders that interact ‘‘NOM Market Maker’’ 7 or ‘‘Non-NOM Options, with an account type with other members’ orders and those Market Maker’’ 8. The Exchange Customer. The Exchange proposes to that interact with orders from the same proposes to amend these fees as follows: amend these fees for removing liquidity firm. At this time, the Exchange believes Customers would be rebated $0.32 per as follows: a Customer would be that this distinction is no longer contract instead of $0.25 per contract; a assessed $0.40 per contract instead of necessary to compete for order flow. firm would be rebated $0.10 per $0.00 and a firm would be assessed a fee Similarly, the Exchange proposes to contract instead of $0.25 per contract; ‘‘ of $0.45 per contract instead of $0.40.12 eliminate the text which states that No and a NOM Market Maker would be rebate will be paid when a customer rebated $0.30 per contract instead of Non-Penny Options—Rebates: The order executes against another customer $0.25 per contract.9 Exchange currently provides a rebate for order.’’ The Exchange believes that this Penny Options—Removing Liquidity: removing liquidity through NOM in distinction is no longer necessary and The Exchange assesses a fee to members Non-Penny Options (All Other Options) that the elimination of this language removing liquidity through NOM in of $0.20 per executed contract to will afford Customers additional rebates options included in the Penny Pilot and members acting in the capacity of and create additional incentives to charges a fee of $0.35 per executed Customer. The Exchange proposes to enhance participation in NOM. contract to Customers for removing such pay a rebate to add liquidity through While changes pursuant to this liquidity and a fee of $0.45 per executed NOM in All Other Options of $0.20 per proposal are effective upon filing, the contract to members in the capacity of executed contract to members acting in Exchange has designated these changes firm, NOM Market Maker and Non- the capacity of Customer and eliminate 13 to be operative for transactions on July NOM Market Maker for removing the rebate for removing liquidity. 1, 2010.

7 A NOM Market Maker must be registered as 10 A firm, NOM Market Maker and Non-NOM 2. Statutory Basis Market Maker would continue to be assessed $0.45 such pursuant to Chapter VII, Section 2 of Exchange NASDAQ believes that the proposed rules, and must remain in good standing pursuant per contract. to Chapter VII, Section 2. In order to receive NOM 11 The fees currently assessed on NOM Market rule changes are consistent with the Market Maker pricing in all securities, the firm Makers for adding liquidity in Non-Penny Options provisions of Section 6 of the Act,14 in must be registered as a NOM Market Maker in at (All Other Options) will remain the same. general, and with Section 6(b)(4) of the least one security. 12 The fees currently assessed on NOM Market Act,15 in particular, in that it provides 8 A Non-NOM Market Maker is a registered Makers and Non-NOM Market Makers for removing market maker on another options market that liquidity in Non-Penny Options (All Other Options) appends the market maker designation to orders will remain the same. and is not proposing any changes at this time for executed on NOM. 13 The Exchange currently does not provide firms, these members. 9 A Non-NOM Market Maker would continue to NOM Market Makers and Non-NOM Market Makers 14 15 U.S.C. 78f. be rebated $0.25 per contract. rebates in Non-Penny options (All Other Options) 15 15 U.S.C. 78f(b)(4).

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for the equitable allocation of reasonable Market Maker Plus receives a $0.10 per per contract less the fees being assessed dues, fees and other charges among contract rebate in ISE’s select symbols.20 on Firms, NOM Market Makers and members and issuers and other persons In addition to the fair price differential, Non-NOM Market Makers. The using any facility or system which the Exchange believes its proposed fee Exchange also proposes to increase the NASDAQ operates or controls. The changes are just and equitable because fee for removing liquidity that is being Exchange believes the proposed market makers have obligations to the assessed on Firms from $0.40 per amendments to the fees and rebates for market place and regulatory burdens contract to $0.45 per contract. The adding and removing liquidity are placed on them that other broker-dealers Exchange believes that this proposal is equitable and reasonable because they trading for their own account do not both reasonable and equitable because it are within the range of fees assessed by currently endure. is the exact fee currently being assessed other exchanges employing similar The Exchange has also amended its on NOM Market Makers and Non-NOM pricing schemes and that the proposed fees for removing liquidity in Penny Market Makers. Keeping rates fees apply fairly to all similarly situated Options. The Exchange increased the fee reasonable for customer orders is participants on NOM for reasons for removing liquidity that is assessed to necessary to provide incentives for discussed in greater detail below. broker-dealers for customer orders from customer order flow in a mature, highly With respect to the proposed rebates $0.35 per contract to $0.40 per contract. competitive market place. Finally, the for adding liquidity in Penny Options, The Exchange believes that this Exchange is amending All Other the Exchange believes that its proposal amendment is reasonable and equitable Options to convert its rebate for to increase the current rebate of $0.25 because it is still less than the fee of removing liquidity to a rebate for adding per contract to $0.32 per contract for $0.45 per contract that is currently liquidity. The Exchange proposes to pay customers is both reasonable and assessed on Firms, NOM Market Makers a rebate to customer orders for adding equitable because the rebate is and Non-NOM Market Makers and $0.05 liquidity of $.20. The Exchange was consistent with other rebates being paid less than the fees for removing liquidity previously paying customer orders that in certain symbols at NYSE Arca, Inc. at NYSEArca in Penny Options.21 removed liquidity $.20. The Exchange 16 (‘‘NYSE Arca’’). Moreover, the The Exchange has also proposed to believes that this proposal is reasonable Exchange is seeking to provide the amend its fees in non-Penny Options because customers are still receiving a appropriate incentives to broker-dealers (All Other Options). Specifically, the rebate, but for adding versus removing acting as agent for customer orders to Exchange has increased its fees for liquidity. Also, the Exchange believes select the Exchange as a venue to post adding liquidity for both Firms and that the proposal is equitable because customer limit orders. The Exchange Non-NOM Market Makers from $0.30 broker-dealers acting as agent for also proposes to increase the current per contract to $0.45 per contract. The customer orders will be eligible to rebate of $0.25 per contract to $0.30 per Exchange believes that these fees are receive rebates similar to rebates found contract for NOM Market Makers. The reasonable because they are within the on other exchange for certain symbols. Exchange believes that this increase is range of fees assessed in the industry. Also, the rebate serves to incentivize equitable and reasonable because the Further, the Exchange believes that it is increased customer order flow to be sent proposed increase is within the range of equitable because the price differential to the Exchange for the benefit of all similar fees assessed by other exists currently on ISE. At ISE, a Non- market participants. exchanges, such as the price differential ISE Market Maker (FARMM) is assessed The Exchange also believes that its proposal to eliminate the rebate to add for market makers and other broker- a $0.20 per contract make fee in the dealer on other exchanges. Specifically, liquidity and fee for removing liquidity select symbols, while a Market Maker is the rate differential between NOM for options overlying IWM, QQQQ and assessed $0.10 per contract.22 As Market Makers and Non-NOM Market SPY is both reasonable and equitable mentioned previously, there are also Makers is currently similar to pricing because the Exchange is proposing to existing price differentials on ISE as distinctions employed at, the remove these fees for all participants. between an ISE Market Maker and a International Securities Exchange, Inc. The same applies to the Exchange Non-ISE Market Maker. As discussed, (‘‘ISE’’),17 which assesses a Non-ISE proposal to eliminate the $0.10 net fee market makers have certain obligations Market Maker 18 $0.45 per contract for for executed contracts which applies to to the market and regulatory trading in equity options, while an ISE transactions in which the same requirements, which normally do not Market Maker at the lowest tier (highest participant is the buyer and the seller as apply to Firms and Broker Dealers.23 rate) is assessed $0.18 per contract.19 it was rarely assessed. Finally, the Exchange has decreased the Additionally, the Exchange is NASDAQ is one of eight options rebate from $0.25 per contract to $0.10 proposing to assess to a customer a market in the national market system for per contract for Firms. As with the other $0.40 per contract fee for removing standardized options. It is a mature, proposed changes, the Exchange liquidity. Currently, customer orders do robust market that is highly competitive. believes that this proposal is reasonable not pay for removing liquidity. The Joining NASDAQ and electing to trade because it is within the range of fees Exchange believes that this fee proposal options is entirely voluntary. Under assessed at other exchanges and the is reasonable because it is within the these circumstances, NASDAQ’s fees proposed price differential is similar to range of rates being assessed to other must be competitive, fair and just in other price differentials on other market participants and to broker- order for NASDAQ to attract order flow, exchanges. For example, a Firm dealers for executing customer order in execute orders, and grow as a market. Proprietary order at ISE is assessed a Penny Options at other exchanges. The NASDAQ thus believes that its fees are maker fee of $0.10 per contract while a Exchange also believes that this fee equitable, fair and reasonable and proposal is equitable because it is $0.05 consistent with the Exchange Act. 16 See NYSE Arca’s Fee Schedule. 17 See ISE’s Schedule of Fees. 20 See ISE’s Schedule of Fees. B. Self-Regulatory Organization’s 18 A Non-ISE Market Maker means a market 21 See NYSE Arca’s Fee Schedule. Statement on Burden on Competition maker as defined in Section 3(a)(38) of the Act 22 See ISE’s Schedule of Fees. registered in the same options class on another 23 See Exchange Rules Section VII, Market The Exchange does not believe that options exchange. See ISE’s Schedule of Fees. Participants, Sections 5, Obligations of Market the proposed rule change will impose 19 See ISE’s Schedule of Fees. Makers, and Section 6, Market Maker Quotations. any burden on competition not

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necessary or appropriate in furtherance communications relating to the I. Self-Regulatory Organization’s of the purposes of the Act. proposed rule change between the Statement of the Terms of Substance of Commission and any person, other than the Proposed Rule Change C. Self-Regulatory Organization’s those that may be withheld from the Statement on Comments on the The Exchange proposes to extend the public in accordance with the Proposed Rule Change Received From operative date of NYSE Amex Equities provisions of 5 U.S.C. 552, will be Members, Participants, or Others Rule 92(c)(3) from July 31, 2010 to available for Web site viewing and December 31, 2010. The text of the No written comments were either printing in the Commission’s Public proposed rule change is available at the solicited or received. Reference Room, 100 F Street, NE., Exchange, the Commission’s Web site at III. Date of Effectiveness of the Washington, DC 20549, on official http://www.sec.gov, the Commission’s Proposed Rule Change and Timing for business days between the hours of 10 Public Reference Room, and http:// Commission Action a.m. and 3 p.m. Copies of the filing also www.nyse.com. will be available for inspection and The foregoing rule change has become copying at the principal office of the II. Self-Regulatory Organization’s effective pursuant to Section Statement of the Purpose of, and 24 Exchange. All comments received will 19(b)(3)(A)(ii) of the Act and be posted without change; the Statutory Basis for, the Proposed Rule paragraph (f)(2) of Rule 19b–4 25 Commission does not edit personal Change thereunder. At any time within 60 days identifying information from In its filing with the Commission, the of the filing of the proposed rule change, submissions. You should submit only self-regulatory organization included the Commission may summarily information that you wish to make statements concerning the purpose of, abrogate such rule change if it appears available publicly. All submissions and basis for, the proposed rule change to the Commission that such action is should refer to File Number SR– and discussed any comments it received necessary or appropriate in the public NASDAQ–2010–075 and should be on the proposed rule change. The text interest, for the protection of investors, submitted on or before August 17, 2010. of those statements may be examined at or otherwise in furtherance of the the places specified in Item IV below. purposes of the Act. For the Commission, by the Division of Trading and Markets, pursuant to delegated The Exchange has prepared summaries, IV. Solicitation of Comments authority.26 set forth in sections A, B, and C below, Interested persons are invited to of the most significant parts of such Florence E. Harmon, statements. submit written data, views, and Deputy Secretary. arguments concerning the foregoing, [FR Doc. 2010–18404 Filed 7–26–10; 8:45 am] A. Self-Regulatory Organization’s including whether the proposed rule Statement of the Purpose of, and change is consistent with the Act. BILLING CODE 8010–01–P Statutory Basis for, the Proposed Rule Comments may be submitted by any of Change the following methods: SECURITIES AND EXCHANGE 1. Purpose Electronic Comments COMMISSION The Exchange is proposing to extend • Use the Commission’s Internet the delayed operative date of Rule comment form (http://www.sec.gov/ [Release No. 34–62540; File No. SR– 92(c)(3) from July 31, 2010 to December rules/sro.shtml); or NYSEAmex–2010–70] 31, 2010. The Exchange believes that • Send an e-mail to rule- this extension will provide the time [email protected]. Please include File Self-Regulatory Organizations; Notice necessary for the Exchange, the New Number SR–NASDAQ–2010–075 on the of Filing and Immediate Effectiveness York Stock Exchange LLC (‘‘NYSE’’), and subject line. of Proposed Rule Change by NYSE the Financial Industry Regulatory Amex LLC Extending the Operative Authority, Inc. (‘‘FINRA’’) to harmonize Paper Comments Date of NYSE Amex Equities Rule • their respective rules concerning Send paper comments in triplicate 92(c)(3) From July 31, 2010 to customer order protection to achieve a to Elizabeth M. Murphy, Secretary, December 31, 2010 standardized industry practice.4 Securities and Exchange Commission, Background: July 21, 2010. 100 F Street, NE., Washington, DC On July 5, 2007, the Commission 20549–1090. Pursuant to Section 19(b)(1) 1 of the approved amendments to NYSE Rule 92 All submissions should refer to File Securities Exchange Act of 1934 (the to permit riskless principal trading at Number SR–NASDAQ–2010–075. This ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 the NYSE.5 These amendments were file number should be included on the notice is hereby given that on July 9, filed in part to begin the harmonization subject line if e-mail is used. To help the 2010, NYSE Amex LLC (the ‘‘Exchange’’ process between NYSE Rule 92 and Commission process and review your or ‘‘NYSE Amex’’) filed with the FINRA’s Manning Rule.6 In connection comments more efficiently, please use Securities and Exchange Commission with those amendments, the NYSE only one method. The Commission will (the ‘‘Commission’’) the proposed rule implemented for an operative date of post all comments on the Commission’s change as described in Items I and II January 16, 2008, NYSE Rule 92(c)(3), Internet Web site (http://www.sec.gov/ below, which Items have been prepared which permits NYSE member rules/sro.shtml). Copies of the by the self-regulatory organization. The organizations to submit riskless submission, all subsequent Commission is publishing this notice to amendments, all written statements solicit comments on the proposed rule 4 NYSE has filed a companion rule filing to with respect to the proposed rule change from interested persons. conform its Rules to the changes proposed in this change that are filed with the filing. See SR–NYSE–2010–52, formally submitted July 9, 2010. Commission, and all written 26 17 CFR 200.30–3(a)(12). 5 See Securities Exchange Act Release No. 56017 1 15 U.S.C.78s(b)(1). (Jul. 5, 2007), 72 FR 38110 (Jul. 12, 2007) (SR– 24 15 U.S.C. 78s(b)(3)(A)(ii). 2 15 U.S.C. 78a. NYSE–2007–21). 25 17 CFR 240.19b–4(f)(2). 3 17 CFR 240.19b–4. 6 See NASD Rule 2111 and IM–2110–2.

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principal orders to the NYSE, but most recent of which was an extension inconsistent with the overall goal of the requires them to submit to a designated to July 31, 2010.10 harmonization process. NYSE database a report of the execution Request for Extension: Accordingly, to provide the Exchange, of the facilitated order. That rule also FINRA, NYSE, and the Exchange have NYSE, and FINRA the time necessary to requires members to submit to that same been working diligently on fully obtain Commission approval for and database sufficient information to harmonizing their respective rules, implement a harmonized rule set that provide an electronic link of the including reviewing the possibilities for would apply across their respective execution of the facilitated order to all a uniform reporting standard for riskless marketplaces, including a harmonized of the underlying orders. principal transactions. However, approach to riskless principal trade For purposes of NYSE Rule 92(c)(3), because of the complexity of the reporting, the Exchange is proposing to the NYSE informed member existing customer order protection rules, delay the operative date for NYSE Amex organizations that when executing including the need for input from Equities Rule 92(c)(3) from July 31, 2010 riskless principal transactions, firms industry participants as well as to December 31, 2010. must submit order execution reports to Commission approval, the Exchange, Pending the harmonization of the the NYSE’s Front End Systemic Capture NYSE, and FINRA will not have three rules, the Exchange will continue (‘‘FESC’’) database linking the execution harmonized their respective customer to require that, as of the date each of the riskless principal order on the order protection rules by the current member organization implements NYSE to the specific underlying orders. July 31, 2010 date for the riskless principal routing, the member The information provided must be implementation of the FESC riskless organizations have in place systems and sufficient for both member firms and the principal reporting. NYSE to reconstruct in a time- controls that allow them to easily match The Exchange notes that it has agreed sequenced manner all orders, including and tie riskless principal execution on with NYSE and FINRA to pursue efforts allocations to the underlying orders, the Exchange to the underlying orders to harmonize customer order protection with respect to which a member and that they be able to provide this rules. On December 10, 2009, FINRA organization is claiming the riskless information to the Exchange upon filed with the Commission its rule principal exception. request. To make clear that this Because the rule change required both proposal to adopt a new industry requirement continues, the Exchange standard for customer order protection the NYSE and member organizations to proposes to amend supplementary as proposed FINRA Rule 5320.11 That make certain changes to their trading material .95 to Rule 92 to specifically proposed filing is based on the draft rule and order management systems, the provide that the Rule 92(c)(3) reporting text that FINRA and NYSE Regulation NYSE filed to delay to May 14, 2008 the requirements are suspended until each circulated to their respective operative date of the NYSE Rule 92(c)(3) December 31, 2010 and that member member participants and includes requirements, including submitting end- organizations are required to have in copies of the comment letters that of-day allocation reports for riskless place such systems and controls relating FINRA and NYSE Regulation received principal transactions and using the to their riskless principal executions on on the rule proposal. The Exchange riskless principal account type the Exchange. Moreover, the Exchange intends to adopt a new customer order indicator.7 The NYSE filed for will coordinate with NYSE and FINRA protection rule that is substantially additional extensions of the operative to examine for compliance with the rule identical to proposed FINRA Rule 5320. date of Rule 92(c)(3) to December 31, requirements for those firms that engage 2009.8 Because NYSE Amex adopted FINRA has filed to extend the time for in riskless principal trading under Rule NYSE Rule 92 in its then current form,9 Commission action on its rule filing to 92(c). the delayed operative date for the NYSE adopt proposed FINRA Rule 5320 to Rule 92(c)(3) reporting requirements July 16, 2010. As proposed by FINRA, 2. Statutory Basis also applied for NYSE Amex Equities however, its proposed new rule will not be effective upon approval. Rather, the The Exchange believes that its Rule 92(c)(3) reporting requirements proposal is consistent with Section 6(b) and the Exchange filed for additional rule filing will become effective at a later date, not yet known, in order to of the Securities Exchange Act of 1934 extensions of the operative date, the 13 provide time for FINRA, NYSE, and (the ‘‘Act’’), in general, and furthers the objectives of Section 6(b)(5) of the Act,14 7 See Securities Exchange Act Release No. 56968 market participants to implement (Dec. 14, 2007), 72 FR 72432 (Dec. 20, 2007) (SR– programming changes associated with in particular, in that it is designed to NYSE–2007–114). the proposed new rule. prevent fraudulent and manipulative 8 acts and practices, to promote just and See Securities Exchange Act Release Nos. 57682 The Exchange continues to believe (Apr. 17, 2008), 73 FR 22193 (Apr. 24, 2008) (SR– equitable principles of trade, to remove that pending full harmonization of the NYSE–2008–29); 59621 (Mar. 23, 2009), 74 FR impediments to and perfect the 14179 (Mar. 30, 2009) (SR–NYSE–2009–30); 60396 respective customer order protection mechanism of a free and open market (July 30, 2009), 74 FR 39126 (Aug. 5, 2009) (SR– rules, it would be premature to require NYSE–2009–73); and 61251 (Dec. 29, 2009), 75 FR and a national market system, and, in 482 (Jan. 5, 2010) (SR–NYSE–2009–129). firms to meet the current Rule 92(c)(3) 12 general, to protect investors and the 9 FESC reporting requirements. Indeed, The NYSE Amex Equities Rules, which became public interest. The Exchange believes having differing reporting standards for operative on December 1, 2008, are substantially the proposed extension provides the identical to the current NYSE Rules 1–1004 and the riskless principal orders would be Exchange continues to update the NYSE Amex Exchange, NYSE, and FINRA the time Equities Rules as necessary to conform with rule necessary to develop a harmonized rule 10 changes to corresponding NYSE Rules filed by the See Securities Exchange Act Release Nos. concerning customer order protection NYSE. See Securities Exchange Act Release Nos. 59620 (Mar. 23, 2009), 74 FR 14176 (Mar. 30, 2009) 58705 (Oct. 1, 2008), 73 FR 58995 (Oct. 8, 2008) (SR–NYSEALTR–2009–29); 60397 (July 30, 2009), that will enable member organizations (SR–Amex–2008–63); 58833 (Oct. 22, 2008), 73 FR 74 FR 39128 (Aug. 5, 2009) (SR–NYSEAmex–2009– to participate in the national market 64642 (Oct. 30, 2008) (SR–NYSE–2008–106); 58839 48); and 61250 (Dec. 29, 2009), 75 FR 477 (Jan. 5, system without unnecessary (Oct. 23, 2008), 73 FR 64645 (October 30, 2008) 2010) (SR–NYSEAmex–2009–92). impediments. (SR–NYSEALTR–2008–03); 59022 (Nov. 26, 2008), 11 See SR–FINRA–2009–090 (December 10, 2009). 73 FR 73683 (Dec. 3, 2008) (SR–NYSEALTR–2008– 12 The Exchange notes that it would also need to 10); and 59027 (Nov. 28, 2008), 73 FR 73681 (Dec. make technological changes to implement the 13 15 U.S.C. 78f(b). 3, 2008) (SR–NYSEALTR–2008–11). proposed FESC reporting solution for Rule 92(c)(3). 14 15 U.S.C. 78f(b)(5).

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B. Self-Regulatory Organization’s operative upon filing with the you wish to make available publicly. All Statement on Burden on Competition Commission. submissions should refer to File The Exchange does not believe that At any time within 60 days of the Number SR–NYSEAmex-2010–70 and the proposed rule change will impose filing of the proposed rule change, the should be submitted on or before any burden on competition that is not Commission may summarily abrogate August 17, 2010. necessary or appropriate in furtherance such rule change if it appears to the For the Commission, by the Division of of the purposes of the Act. Commission that such action is Trading and Markets, pursuant to delegated necessary or appropriate in the public authority.18 C. Self-Regulatory Organization’s interest, for the protection of investors, Florence E. Harmon, Statement on Comments on the or otherwise in furtherance of the Deputy Secretary. Proposed Rule Change Received From purposes of the Act. [FR Doc. 2010–18408 Filed 7–26–10; 8:45 am] Members, Participants, or Others IV. Solicitation of Comments BILLING CODE 8010–01–P No written comments were solicited Interested persons are invited to or received with respect to the proposed submit written data, views, and rule change. SECURITIES AND EXCHANGE arguments concerning the foregoing, COMMISSION III. Date of Effectiveness of the including whether the proposed rule Proposed Rule Change and Timing for change is consistent with the Act. [Release No. 34–62541; File No. SR–NYSE– Commission Action Comments may be submitted by any of 2010–52] the following methods: Because the foregoing proposed rule Self-Regulatory Organizations; Notice change does not: Electronic Comments of Filing and Immediate Effectiveness (i) significantly affect the protection of • Use the Commission’s Internet of Proposed Rule Change by New York investors or the public interest; comment form (http://www.sec.gov/ Stock Exchange LLC Extending the (ii) impose any significant burden on Operative Date of NYSE Rule 92(c)(3) competition; and rules/sro.shtml); or • Send an e-mail to rule- From July 31, 2010 to December 31, (iii) become operative for 30 days 2010 from the date on which it was filed, or [email protected]. Please include File Number SR–NYSEAmex-2010–70 on the such shorter time as the Commission July 21, 2010. subject line. may designate, if consistent with the Pursuant to Section 19(b)(1) 1 of the protection of investors and the public Paper Comments Securities Exchange Act of 1934 (the 2 3 interest, it has become effective • Send paper comments in triplicate ‘‘Act’’) and Rule 19b–4 thereunder, pursuant to Section 19(b)(3)(A) of the to Elizabeth M. Murphy, Secretary, notice is hereby given that on July 9, 15 Act and Rule 19b–4(f)(6) Securities and Exchange Commission, 2010, New York Stock Exchange LLC 16 thereunder. 100 F Street, NE., Washington, DC (‘‘NYSE’’ or the ‘‘Exchange’’) filed with The Exchange has requested the 20549–1090. the Securities and Exchange Commission to waive the 30-day All submissions should refer to File Commission (the ‘‘Commission’’) the operative delay so that the Exchange can Number SR–NYSEAmex-2010–70. This proposed rule change as described in extend the operative date of NYSE file number should be included on the Items I and II below, which Items have Amex Equities Rule 92(c)(3) without subject line if e-mail is used. To help the been prepared by the self-regulatory interruption. The Exchange notes that Commission process and review your organization. The Commission is extending the delayed operative date of comments more efficiently, please use publishing this notice to solicit Rule 92(c)(3) from July 31, 2010 to only one method. The Commission will comments on the proposed rule change December 31, 2010 will provide post all comments on the Commission’s from interested persons. sufficient time for the Exchange, NYSE, Internet Web site (http://www.sec.gov/ I. Self-Regulatory Organization’s and FINRA to obtain Commission rules/sro.shtml). Copies of the approval for and implement a Statement of the Terms of Substance of submission, all subsequent the Proposed Rule Change harmonized approach to customer order amendments, all written statements The Exchange proposes to extend the protection rules, including how riskless with respect to the proposed rule operative date of NYSE Rule 92(c)(3) principal transactions should be change that are filed with the from July 31, 2010 to December 31, reported. The Commission hereby grants Commission, and all written 2010. The text of the proposed rule the Exchange’s request and believes communications relating to the change is available at the Exchange, the such waiver is consistent with the proposed rule change between the Commission’s Web site at http:// protection of investors and the public Commission and any person, other than 17 www.sec.gov, the Commission’s Public interest. Accordingly, the Commission those that may be withheld from the Reference Room, and http:// designates the proposed rule change public in accordance with the www.nyse.com. provisions of 5 U.S.C. 552, will be 15 15 U.S.C. 78s(b)(3)(A). available for Web site viewing and II. Self-Regulatory Organization’s 16 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires the self-regulatory organization printing in the Commission’s Public Statement of the Purpose of, and to submit to the Commission written notice of its Reference Room on official business Statutory Basis for, the Proposed Rule intent to file the proposed rule change, along with days between the hours of 10 a.m. and Change a brief description and text of the proposed rule 3 p.m. Copies of such filing also will be change, at least five business days prior to the date In its filing with the Commission, the of filing of the proposed rule change, or such available for inspection and copying at self-regulatory organization included shorter time as designated by the Commission. The the principal office of the Exchange. All statements concerning the purpose of, Exchange has satisfied this requirement. comments received will be posted 17 For purposes only of waiving the 30-day without change; the Commission does 18 operative delay of this proposal, the Commission 17 CFR 200.30–3(a)(12). has considered the proposed rule’s impact on not edit personal identifying 1 15 U.S.C. 78s(b)(1). efficiency, competition, and capital formation. See information from submissions. You 2 15 U.S.C. 78a. 15 U.S.C. 78c(f). should submit only information that 3 17 CFR 240.19b–4.

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and basis for, the proposed rule change which a member organization is adopt proposed FINRA Rule 5320 to and discussed any comments it received claiming the riskless principal July 16, 2010. As proposed by FINRA, on the proposed rule change. The text exception. however, its proposed new rule will not of those statements may be examined at Because the rule change required both be effective upon approval. Rather, the the places specified in Item IV below. the Exchange and member organizations rule filing will become effective at a The Exchange has prepared summaries, to make certain changes to their trading later date, not yet known, in order to set forth in sections A, B, and C below, and order management systems, the provide time for FINRA, NYSE, and of the most significant parts of such NYSE filed to delay to May 14, 2008 the market participants to implement statements. operative date of the NYSE Rule 92(c)(3) programming changes associated with requirements, including submitting end- the proposed new rule. A. Self-Regulatory Organization’s of-day allocation reports for riskless Statement of the Purpose of, and The Exchange continues to believe principal transactions and using the that pending full harmonization of the Statutory Basis for, the Proposed Rule riskless principal account type Change respective customer order protection indicator.6 The Exchange filed for rules, it would be premature to require 1. Purpose additional extensions of the operative firms to meet the current Rule 92(c)(3) The Exchange is proposing to extend date of Rule 92(c)(3), the most recent of FESC reporting requirements.10 Indeed, which was an extension to July 31, having differing reporting standards for the delayed operative date of NYSE Rule 7 92(c)(3) from July 31, 2010 to December 2010. riskless principal orders would be 31, 2010. The Exchange believes that Request for Extension 8 inconsistent with the overall goal of the harmonization process. this extension will provide the time FINRA and the Exchange have been necessary for the Exchange and the Accordingly, to provide the Exchange working diligently on fully harmonizing and FINRA the time necessary to obtain Financial Industry Regulatory their respective rules, including ‘‘ ’’ Commission approval for and Authority, Inc. ( FINRA ) to harmonize reviewing the possibilities for a uniform their respective rules concerning implement a harmonized rule set that reporting standard for riskless principal would apply across their respective customer order protection to achieve a transactions. However, because of the standardized industry practice. marketplaces, including a harmonized complexity of the existing customer approach to riskless principal trade Background order protection rules, including the reporting, the Exchange is proposing to On July 5, 2007, the Commission need for input from industry delay the operative date for NYSE Rule approved amendments to NYSE Rule 92 participants as well as Commission 92(c)(3) from July 31, 2010 to December approval, the Exchange and FINRA will to permit riskless principal trading at 31, 2010. the Exchange.4 These amendments were not have harmonized their respective Pending the harmonization of the two filed in part to begin the harmonization customer order protection rules by the rules, the Exchange will continue to process between Rule 92 and FINRA’s current July 31, 2010 date for the require that, as of the date each member implementation of the FESC riskless Manning Rule.5 In connection with organization implements riskless principal reporting. those amendments, the Exchange principal routing, the member The Exchange notes that it has agreed implemented for an operative date of with FINRA to pursue efforts to organization have in place systems and January 16, 2008, NYSE Rule 92(c)(3), harmonize customer order protection controls that allow them to easily match which permits Exchange member rules. On December 10, 2009, FINRA and tie riskless principal execution on organizations to submit riskless filed with the Commission its rule the Exchange to the underlying orders principal orders to the Exchange, but proposal to adopt a new industry and that they be able to provide this requires them to submit to a designated standard for customer order protection information to the Exchange upon Exchange database a report of the as proposed FINRA Rule 5320.9 That request. To make clear that this execution of the facilitated order. That proposed filing is based on the draft rule requirement continues, the Exchange rule also requires members to submit to text that FINRA and NYSE Regulation proposes to amend supplementary that same database sufficient each circulated to their respective material .95 to Rule 92 to specifically information to provide an electronic member participants and includes provide that the Rule 92(c)(3) reporting link of the execution of the facilitated copies of the comment letters that requirements are suspended until order to all of the underlying orders. FINRA and NYSE Regulation received December 31, 2010 and that member For purposes of NYSE Rule 92(c)(3), on the rule proposal. The Exchange organizations are required to have in the Exchange informed member intends to adopt a new customer order place such systems and controls relating organizations that when executing protection rule that is substantially to their riskless principal executions on riskless principal transactions, firms identical to proposed FINRA Rule 5320. the Exchange. Moreover, the Exchange must submit order execution reports to FINRA has filed to extend the time for will coordinate with FINRA to examine the Exchange’s Front End Systemic Commission action on its rule filing to for compliance with the rule Capture (‘‘FESC’’) database linking the requirements for those firms that engage execution of the riskless principal order 6 See Securities Exchange Act Release No. 56968 in riskless principal trading under Rule on the Exchange to the specific (Dec. 14, 2007), 72 FR 72432 (Dec. 20, 2007) (SR– 92(c). underlying orders. The information NYSE–2007–114). provided must be sufficient for both 7 See Securities Exchange Act Release Nos. 57682 2. Statutory Basis (Apr. 17, 2008), 73 FR 22193 (Apr. 24, 2008) (SR– member firms and the Exchange to NYSE–2008–29); 59621 (Mar. 23, 2009), 74 FR The Exchange believes that its reconstruct in a time-sequenced manner 14179 (Mar. 30, 2009) (SR–NYSE–2009–30); 60396 proposal is consistent with Section 6(b) all orders, including allocations to the (July 30, 2009), 74 FR 39126 (Aug. 5, 2009) (SR– of the Securities Exchange Act of 1934 NYSE–2009–73); and 61251 (Dec. 29, 2009), 75 FR 11 underlying orders, with respect to 482 (Jan. 5, 2010) (SR–NYSE–2009–129). (the ‘‘Act’’), in general, and furthers the 8 NYSE Amex LLC has filed a companion rule 4 See Securities Exchange Act Release No. 56017 filing to conform its Equities Rules to the changes 10 The Exchange notes that it would also need to (July 5, 2007), 72 FR 38110 (July 12, 2007) (SR– proposed in this filing. See SR–NYSEAmex–2009– make technological changes to implement the NYSE–2007–21). 70 [sic], formally submitted July 9, 2010. proposed FESC reporting solution for Rule 92(c)(3). 5 See NASD Rule 2111 and IM–2110–2. 9 See SR–FINRA–2009–090 (December 10, 2009). 11 15 U.S.C. 78f(b).

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objectives of Section 6(b)(5) of the Act,12 delayed operative date of Rule 92(c)(3) change that are filed with the in particular, in that it is designed to from July 31, 2010 to December 31, 2010 Commission, and all written prevent fraudulent and manipulative will provide sufficient time for the communications relating to the acts and practices, to promote just and Exchange and FINRA to obtain proposed rule change between the equitable principles of trade, to remove Commission approval for and Commission and any person, other than impediments to and perfect the implement a harmonized approach to those that may be withheld from the mechanism of a free and open market customer order protection rules, public in accordance with the and a national market system, and, in including how riskless principal provisions of 5 U.S.C. 552, will be general, to protect investors and the transactions should be reported. The available for Web site viewing and public interest. The Exchange believes Commission hereby grants the printing in the Commission’s Public the proposed extension provides the Exchange’s request and believes such Reference Room on official business Exchange and FINRA the time necessary waiver is consistent with the protection days between the hours of 10 a.m. and to develop a harmonized rule of investors and the public interest.15 3 p.m. Copies of such filing also will be concerning customer order protection Accordingly, the Commission available for inspection and copying at that will enable member organizations designates the proposed rule change the principal office of the Exchange. All to participate in the national market operative upon filing with the comments received will be posted system without unnecessary Commission. without change; the Commission does impediments. At any time within 60 days of the not edit personal identifying filing of the proposed rule change, the information from submissions. You B. Self-Regulatory Organization’s Commission may summarily abrogate should submit only information that Statement on Burden on Competition such rule change if it appears to the you wish to make available publicly. All The Exchange does not believe that Commission that such action is submissions should refer to File the proposed rule change will impose necessary or appropriate in the public Number SR–NYSE–2010–52 and should any burden on competition that is not interest, for the protection of investors, be submitted on or before August 17, necessary or appropriate in furtherance or otherwise in furtherance of the 2010. of the purposes of the Act. purposes of the Act. For the Commission, by the Division of C. Self-Regulatory Organization’s IV. Solicitation of Comments Trading and Markets, pursuant to delegated authority.16 Statement on Comments on the Interested persons are invited to Florence E. Harmon, Proposed Rule Change Received From submit written data, views, and Members, Participants, or Others arguments concerning the foregoing, Deputy Secretary. No written comments were solicited including whether the proposed rule [FR Doc. 2010–18409 Filed 7–26–10; 8:45 am] or received with respect to the proposed change is consistent with the Act. BILLING CODE 8010–01–P rule change. Comments may be submitted by any of the following methods: III. Date of Effectiveness of the DEPARTMENT OF TRANSPORTATION Proposed Rule Change and Timing for Electronic Comments Commission Action • Use the Commission’s Internet Federal Highway Administration Because the foregoing proposed rule comment form (http://www.sec.gov/ Environmental Impact Statements: change does not: rules/sro.shtml); or (i) Significantly affect the protection • Send an e-mail to rule- National Summary of Rescinded of investors or the public interest; [email protected]. Please include File Notices of Intent (ii) Impose any significant burden on Number SR–NYSE–2010–52 on the AGENCY: Federal Highway competition; and subject line. Administration (FHWA), DOT. (iii) Become operative for 30 days ACTION: Notice. from the date on which it was filed, or Paper Comments such shorter time as the Commission • Send paper comments in triplicate SUMMARY: The FHWA is issuing this may designate, if consistent with the to Elizabeth M. Murphy, Secretary, notice to advise the public that 15 protection of investors and the public Securities and Exchange Commission, States, including the District of interest, it has become effective 100 F Street, NE., Washington, DC Columbia, have rescinded Notices of pursuant to Section 19(b)(3)(A) of the 20549–1090. Intent (NOIs) to prepare 20 Act 13 and Rule 19b–4(f)(6) All submissions should refer to File Environmental Impact Statements (EISs) thereunder.14 Number SR–NYSE–2010–52. This file for proposed highway projects. The The Exchange has requested the number should be included on the FHWA Division Offices, in consultation Commission to waive the 30-day subject line if e-mail is used. To help the with the State Departments of operative delay so that the Exchange can Commission process and review your Transportation (State DOTs), extend the operative date of NYSE Rule comments more efficiently, please use determined that nine projects were no 92(c)(3) without interruption. The only one method. The Commission will longer viable and have formally Exchange notes that extending the post all comments on the Commission’s cancelled the projects. No further Internet Web site (http://www.sec.gov/ Federal resources will be expended on 12 15 U.S.C. 78f(b)(5). rules/sro.shtml). Copies of the these projects; the environmental review 13 15 U.S.C. 78s(b)(3)(A). submission, all subsequent process has been terminated. Nine 14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– amendments, all written statements 4(f)(6)(iii) requires the self-regulatory organization projects have been reduced in scope and to submit to the Commission written notice of its with respect to the proposed rule now meet the criteria for an intent to file the proposed rule change, along with Environmental Assessment (EA) or a a brief description and text of the proposed rule 15 For purposes only of waiving the 30-day Categorical Exclusion (CE). One project change, at least five business days prior to the date operative delay of this proposal, the Commission of filing of the proposed rule change, or such has considered the proposed rule’s impact on is now proceeding as a corridor study. shorter time as designated by the Commission. The efficiency, competition, and capital formation. See Exchange has satisfied this requirement. 15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12).

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One project was rescinded as the FHWA (California, Colorado, District of Counties has been rescoped and now is no longer the lead Federal agency for Columbia, Florida, Iowa, Illinois, meets the criteria for an EA. In the project. Maryland, Minnesota, Missouri, New Minnesota, the Tier 1 EIS 33rd Street FOR FURTHER INFORMATION CONTACT: Jersey, New York, Oregon, Tennessee, Corridor between TH 15 and TH 10 in Bethaney Bacher-Gresock, Office of Texas, and Washington) have recently Sherburne and Stearns Counties has Project Development and Environmental rescinded previously issued NOIs for 20 been reduced in scope and now meets Review, (202) 366–4196; Janet Myers, EISs for proposed highway projects. A the criteria for an EA, other components Office of the Chief Counsel, (202) 366– listing of these projects, general could proceed at a later date. In 2019; Federal Highway Administration, location, original NOI date of Missouri, the U.S. Route 65 Relocation 1200 New Jersey Avenue, SE., publication in the Federal Register, and Project in Benton County has been Washington, DC 20590. the date that the NOI was formally reduced in scope as relocation of U.S. SUPPLEMENTARY INFORMATION: rescinded by notice published in the Route 65 is no longer being considered. Federal Register, is provided below. Also in Missouri, the Route 47 Electronic Access The FHWA Division Offices, in Transportation System Improvements consultation with the State DOTs, An electronic copy of this document Project in Warren and Franklin Counties determined that nine of these projects may be downloaded by accessing the has been reduced in scope and only were no longer viable projects and have Federal Register’s home page at: covers the bridge replacement. In New http://www.archives.gov and the formally cancelled those projects. The projects are: The Gaming Area (SH 119 Jersey, the proposed South Branch Government Printing Office’s Web page Parkway project in Hunterdon County at http://www.gpoaccess.gov/nara. Corridor) project in Gilpin, Clear Creek, and Jefferson Counties, Colorado; was reduced in scope as it was Background County Road 951 project in Lee and determined that key elements of the The FHWA, as lead Federal agency Collier Counties, Florida; Lake County purpose and need may be met by under the National Environmental Illinois Transportation Improvement making improvements to the existing Policy Act (NEPA) and in furtherance of Project; Intersection of Route 213 and Route 31. In New York, project scoping its oversight and stewardship Nye School Road in Rock County, indicated that few highway responsibilities under the Federal-aid Wisconsin to the interchange of Rockton improvements are required for the Route highway program, periodically requests Road and I–90 in Winnebago, Illinois; 531 Extension project Monroe County that its Division Offices review, with the University of Maryland Campus Study and those that are needed will be State DOTs, the status of all EISs and from I–95/I–495 and points north progressed as CEs. In Tennessee, the place those projects that are not actively located in Prince George’s County, State Route 91 Improvements project in progressing in a timely manner in an Maryland; Jefferson County Missouri Elizabethton, Carter County, was inactive project status. The FHWA Transportation Improvements Project; reduced in scope to the transportation maintains lists of active and inactive EIS Harmony Road, Clackamas County, systems management and upgrades projects on its Web site at http:// Oregon; SH 35 Roadway between options to as new location alternatives www.environment.fhwa.dot.gov/. The Bellfort Road and FM 1462 in Harris could have significant adverse FHWA has determined that inactive and Brazoria Counties, Texas; and the environmental impacts. projects that are no longer a priority or BNSF Railway Mainline Kelso-Martin’s In addition, one project in Polk that lack financial resources should be Bluff Rail Project (south of Kalama, County, Iowa, the Tiered EIS Northeast rescinded with a Federal Register notice Washington). Beltway Study, was rescinded due to The FHWA Division Offices, in notifying the public that project activity scheduling and a lack of project has been terminated. This notice covers consultation with the State DOTs, funding; it is currently proceeding as a the time period since the last summary determined that nine projects would be corridor study. was issued on May 14, 2009, and reduced in scope. In California, the I– published in the Federal Register at 74 805 Managed Lane South Project has In addition, the FHWA Division FR 25797 (May 29, 2009). As always, been reduced in scope and now meets Office, in consultation with the State FHWA encourages State DOTs to work the criteria for an EA. The Klingle Road, DOT, rescinded one project because with their FHWA Division Office to N.W. project in the District of Columbia FHWA is no longer serving as the lead determine when it is most prudent to was rescoped and is now an EA Federal agency. The San Ysidro Port of initiate an EIS in order to best balance focusing on environmental remediation Entry project in San Diego County, available resources as well as the and the development of a multiuse trail. California was redesigned and the expectations of the public. In Maryland, the MD 4 from MD 2 to General Services Agency is now the lead The FHWA is issuing this notice to MD 235 (Thomas Johnson Memorial Federal agency. The FHWA is a advise the public that 15 States Bridge) in Calvert and St. Mary’s cooperating agency.

State Project name—location NOI date Rescinded date

CA ...... I–805 Managed Lane South Project—San Diego County .. 7/11/2007 12/8/2009 CA ...... San Ysidro Port of Entry—San Diego County ...... 7/2/2003 12/22/2009 CO ...... Gaming Area EIS (SH 119 Corridor)—Gilpin, Clear Creek 8/11/2000 4/7/2010 and Jefferson Counties. DC ...... Klingle Road, N.W.—Washington, D.C...... 3/18/2004 6/7/2010 FL ...... County Road 951—Lee and Collier Counties ...... 6/27/2005 3/10/2010 IA ...... Tiered EIS Northeast Beltway Study—Polk County ...... 5/5/2006 and 6/1/2009 12/21/2009 IL ...... Lake County Transportation Improvement Project ...... 9/21/2001* 10/23/2008 IL ...... Intersection of Route 213 and Nye School Road in WI to 10/26/1995 5/7/2010 the interchange of Rockton Road and I–90 in IL—Rock County, WI to Winnebago County, IL. MD ...... University of Maryland Campus Study from I95/I495 and 6/11/2008 6/3/2010 points north—Prince George’s County.

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State Project name—location NOI date Rescinded date

MD ...... MD 4 from MD 2 to MD 235 (Thomas Johnson Memorial 10/22/2007 6/4/2010 Bridge)—Calvert and St. Mary’s Counties. MN ...... Tier I EIS—33rd Street Corridor between TH 15 and TH 12/26/2002 1/7/2010 10—Sherburne and Stearns Counties. MO ...... US Route 65 Relocation Project—Benton County ...... 4/20/1994 2/27/2006 MO ...... Transportation Improvements Project—Jefferson County .. 12/19/2007 6/29/2009 MO ...... Route 47 Transportation System Improvements—Warren 4/22/2008 6/1/2010 and Franklin Counties. NJ ...... South Branch Parkway—Hunterdon County ...... 11/24/2006 6/30/2009 NY ...... Route 531 Extension—Monroe County ...... 1/14/2005 6/21/2010 OR ...... Harmony Road—Clackamas County ...... 4/9/2007 4/5/2010 TN ...... State Route 91 Improvements in Elizabethton—Carter 2/2/2007 6/4/2010 County. TX ...... SH 35 Roadway between Bellfort Road and FM 1462— 10/30/2003 3/3/2010 Harris and Brazoria Counties. WA ...... BNSF Railway Mainline Kelso-Martin’s Bluff Rail Project ... 4/2/2001 7/20/2009 *Date of Draft EIS, original NOI date unknown.

(Catalog of Federal Domestic Assistance This agenda is subject to change, RSAC Web site for details on prior Program Number 20.205, Highway Planning including the possible addition of RSAC activities and pending tasks at: and Construction. The regulations further proposed tasks under the RSIA. http://rsac.fra.dot.gov. Please refer to implementing Executive Order 12372 DATES: The meeting of the RSAC is the notice published in the Federal regarding intergovernmental consultation on Register on March 11, 1996 (61 FR Federal programs and activities apply to this scheduled to commence at 9:30 a.m. on program.) Thursday, September 23, 2010, and will 9740) for additional information about adjourn by 4:30 p.m. the RSAC. Issued on: July 6, 2010. ADDRESSES: Issued in Washington, DC on July 21, 2010. Gregory N. Nadeau, The RSAC meeting will be held at the National Association of Robert C. Lauby, Deputy Administrator. Home Builders National Housing Deputy Associate Administrator for [FR Doc. 2010–18318 Filed 7–26–10; 8:45 am] Center, 1201 15th Street, NW., Regulatory and Legislative Operations. BILLING CODE 4910–22–P Washington, DC 20005. The meeting is [FR Doc. 2010–18320 Filed 7–26–10; 8:45 am] open to the public on a first-come, first- BILLING CODE 4910–06–P served basis, and is accessible to DEPARTMENT OF TRANSPORTATION individuals with disabilities. Sign and Federal Railroad Administration oral interpretation can be made DEPARTMENT OF TRANSPORTATION available if requested 10 calendar days [Docket No. FRA–2000–7257; Notice No. 62] before the meeting. Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Noise Exposure Map Acceptance Railroad Safety Advisory Committee; Larry Woolverton, RSAC Administrative Notice of Meeting Officer/Coordinator, FRA, 1200 New ACTION: Notice. AGENCY: Federal Railroad Jersey Avenue, SE., Mailstop 25, SUMMARY: The Federal Aviation Administration (FRA), Department of Washington, DC 20590, (202) 493–6212; Administration (FAA) announces its Transportation (DOT). or Robert Lauby, Deputy Associate Administrator for Regulatory and determination that the noise exposure ACTION: Announcement of Railroad Legislative Operations, FRA, 1200 New maps submitted by the City of Safety Advisory Committee (RSAC) Philadelphia Division of Aviation for Meeting. Jersey Avenue, SE., Mailstop 25, Washington, DC 20590, (202) 493–6302. Philadelphia International Airport (PHL) under the provisions of 49 U.S.C. SUMMARY: FRA announces the forty- SUPPLEMENTARY INFORMATION: Pursuant 47501 et seq. (Aviation Safety and Noise second meeting of the RSAC, a Federal to Section 10(a)(2) of the Federal Abatement Act) and 14 CFR Part 150 are advisory committee that develops Advisory Committee Act (Pub. L. 92– in compliance with applicable railroad safety regulations through a 463), FRA is giving notice of a meeting requirements. consensus process. The RSAC meeting of the RSAC. The RSAC was established topics will include opening remarks to provide advice and recommendations DATES: Effective Date: The effective date from the FRA Administrator, and status to FRA on railroad safety matters. The of the FAA’s determination on the noise reports will be provided by the RSAC is composed of 54 voting exposure maps is June 1, 2010. Passenger Hours of Service, Training representatives from 31 member FOR FURTHER INFORMATION CONTACT: Standards, Track Safety Standards, organizations, representing various rail Edward S. Gabsewics, CEP, Passenger Safety, and Medical industry perspectives. In addition, there Environmental Protection Specialist, Standards Working Groups. Status are non-voting advisory representatives FAA Harrisburg Airports District Office, updates will be provided on the from the agencies with railroad safety 3905 Hartzdale Avenue, Suite 508, following tasks arising out of the Rail regulatory responsibility in Canada and Camp Hill, PA 17011, 717–730–2832. Safety Improvement Act of 2008 (RSIA): Mexico, the National Transportation SUPPLEMENTARY INFORMATION: This Positive Train Control, Railroad Bridge Safety Board, and the Federal Transit notice announces that the FAA finds Safety Management, Conductor Administration. The diversity of the that the noise Exposure maps submitted Certification, and a possible new task Committee ensures the requisite range for Philadelphia International Airport regarding Dark Territory may be of views and expertise necessary to (PHL) are in compliance with presented to the committee for approval. discharge its responsibilities. See the Applicable requirements of Part 150,

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effective June 1, 2010. Under 49 U.S.C. 2010. FAA’s determination on an airport Issued in Camp Hill, Pennsylvania, June 1, Section 47503 of the Aviation Safety operator’s noise exposure maps is 2010. and Noise Abatement Act (hereinafter limited to a finding that the maps were Lori K. Pagnanelli, referred to as ‘‘the Act’’), an airport developed in accordance with the Manager, Harrisburg Airports District Office. operator may submit to the FAA noise procedures contained in Appendix A of [FR Doc. 2010–17979 Filed 7–26–10; 8:45 am] exposure maps which meet applicable FAR Part 150. Such determination does BILLING CODE 4910–13–M regulations and which depict non- not constitute approval of the compatible land uses as of the date of applicant’s data, information or plans, submission of such maps, a description or a commitment to approve a noise DEPARTMENT OF TRANSPORTATION of projected aircraft operations, and the compatibility program or to fund the Federal Aviation Administration ways in which such operations will implementation of that program. If affect such maps. The Act requires such questions arise concerning the precise maps to be developed in consultation Notice of Passenger Facility Charge relationship of specific properties to with interested and affected parties in (PFC) Approvals and Disapprovals noise exposure contours depicted on a the local community, government noise exposure map submitted under AGENCY: Federal Aviation agencies, and persons using the airport. Administration (FAA), DOT. An airport operator who has submitted Section 47503 of the Act, it should be noted that the FAA is not involved in ACTION: Monthly Notice of PFC noise exposure maps that are found by Approvals and Disapprovals. In June FAA to be in compliance with the any way in determining the relative locations of specific properties with 2010, there were six applications requirements of Federal Aviation approved. Additionally, eight approved regard to the depicted noise contours, or Regulations (FAR) Part 150, amendments to previously approved in interpreting the noise exposure maps promulgated pursuant to the Act, may applications are listed. submit a noise compatibility program to resolve questions concerning, for for FAA approval which sets forth the example, which properties should be SUMMARY: The FAA publishes a monthly measures the operator has taken or covered by the provisions of Section notice, as appropriate, of PFC approvals proposes to take to reduce existing non- 47506 of the Act. These functions are and disapprovals under the provisions compatible uses and prevent the inseparable from the ultimate land use of the Aviation Safety and Capacity introduction of additional non- control and planning responsibilities of Expansion Act of 1990 (Title IX of the compatible uses. local government. These local Omnibus Budget Reconciliation Act of The FAA has completed its review of responsibilities are not changed in any 1990) (Pub. L. 101–508) and Part 158 of the noise exposure maps and way under Part 150 or through FAA’s the Federal Aviation Regulations (14 accompanying documentation review of noise exposure maps. CFR Part 158). This notice is published submitted by the City of Philadelphia Therefore, the responsibility for the pursuant to paragraph d of § 158.29. Division of Aviation. The detailed overlaying of noise exposure PFC Applications Approved documentation that constitutes the contours onto the map depicting ‘‘ ’’ Public Agency: County and City of Noise Exposure Maps as defined in properties on the surface rests Section 150.7 of Part 150 includes the Spokane, Washington. exclusively with the airport operator following from the PHL FAR Part 150 Application Number: 10–08–C–00– that submitted those maps, or with Noise Exposure Map Update Report: GEG. • Figure 1: 2008 Existing Baseline those public agencies and planning Application Type: Impose and use a Noise Exposure Map. agencies with which consultation is PFC. PFC LEVEL: $4.50. • Figure 2: 2013 Future Baseline required under section 47503 of the Act. Total PFC Revenue Approved in This Noise Exposure Map. The FAA has relied on the certification Decision: $850,000. • Section 1: Appendix C, D and E— by the airport operator, under Section Earliest Charge Effective Date: August Consultation requirements. 150.21 of FAR Part 150, that the 1, 2012. • Section 2: Land Use Analysis. statutorily required consultation has Estimated Charge Expiration Date: • Section 3: 2008 Existing Baseline been accomplished. October 1, 2012. Noise Exposure Map and data Class of Air Carriers Not Required To Copies of the full noise exposure map requirements. Collect PFC’s: None. • Table 3–1: 2008 Existing Baseline documentation and of the FAA’s Brief Description of Project Approved Annual Average Day Operations. evaluation of the maps are available for for Collection and Use: Master plan • Table 3–3: 2008 Existing Baseline examination at the following locations: update. Runway Utilization. Federal Aviation Administration’s Decision Date: June 4, 2010. • Table 3–4: 2008 Flight Track Harrisburg Airports District Office FOR FURTHER INFORMATION CONTACT: Utilization. located at 3905 Hartzdale Drive, Suite Trang Tran, Seattle Airports District • Section 4: 2013 Future Baseline 508, Camp Hill, PA 17011, Monday– Office, (425) 227–1662. Noise Exposure Map and data Friday 8 a.m.–4:30 p.m. Public Agency: City of Presque Isle, requirements. Maine. Philadelphia International Airport’s • Table 4–1: 2013 Future Baseline Application Number: 10–02–C–00– Annual Average Day Operations. Office of the Noise Abatement Program PQI. • Table 4–2: 2013 Future Baseline Manager (Jonathan D. Collette) located Application Type: Impose and use a Runway Utilization. at 2801 Island Avenue, Suite 13, PFC. • Table 4–4: 2013 Flight Track Philadelphia, PA 19153, Monday– PFC Level: $4.50. Utilization. Friday 8 a.m.–4 p.m. Total PFC Revenue Approved in This The FAA has determined that these Questions may be directed to the Decision: $353,298. noise exposure maps and accompanying individual named above under the Earliest Charge Effective Date: August documentation are in compliance with heading FOR FURTHER INFORMATION 1, 2010. applicable requirements. This Estimated Charge Expiration Date: CONTACT. determination is effective on June 1, January 1, 2018.

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Class of Air Carriers Not Required To Runway 21 extension—phase 4a, instruction, and non-stop sightseeing Collect PFC’s: None. runway safety area embankment. flights that begin and end at the airport Brief Description of Project Approved Rehabilitate electrical vault. and are concluded within a 25-mile for Collection and Use: Decision Date: June 9, 2010. radius of the airport. Rehabilitate runway 1/19 and runway FOR FURTHER INFORMATION CONTACT: Determination: Approved. Based on safety area, phase I. Jeffery Breeden, Washington Airports information submitted in the public Snow removal equipment. District Office, (703) 661–1363. agency’s application, the FAA has Crack seal and repair. Public Agency: City of Albany, determined that the proposed class Rehabilitate, mark, and sign taxiway Georgia. accounts for less than 1 percent of the A. Application Number: 10–05–C–00– total annual enplanements at Hartsfield- Rehabilitate runway 1/19 and runway, ABY. Jackson Atlanta International Airport. phase II. Application Type: Impose and use a Brief Description of Project Approved Decision Date: June 9, 2010. PFC. for Collection and Use: Concourse D FOR FURTHER INFORMATION CONTACT: PFC Level: $4.50. gate additions. Priscilla Scott, New England Regional Total PFC Revenue Approved in This Decision Date: June 15, 2010. Airports Division, (781) 238–7614. Decision: $323,763. FOR FURTHER INFORMATION CONTACT: Public Agency: Charlottesville— Earliest Charge Effective Date: August Anna Guss, Atlanta Airports District Albemarle Airport Authority, 1,2010. Office, (404) 305–7146. Charlottesville, Virginia. Estimated Charge Expiration Date: Public Agency: County of Pitken, Application Number: 10–19–C–00– February 1, 2013. Aspen, Colorado. CHO. Class of Air Carriers Not Required To Application Type: Impose and use a Collect PFC’s: Air taxi/commercial Application Number: 10–07–C–00– PFC. operators. ASE. PFC Level: $4.50. Determination: Approved. Based on Application Type: Impose and use a Total PFC Revenue Approved in This information submitted in the public PFC. Decision: $3,454,340. agency’s application, the FAA has PFC Level: $4.50. Earliest Charge Effective Date: August determined that the proposed class Total PFC Revenue Approved in This 1,2010. accounts for less than 1 percent of the Decision: $1,640,955. Estimated Charge Expiration Date: total annual enplanements at Southwest Earliest Charge Effective Date: August August 1, 2016. Georgia Regional Airport. 1, 2010. Class of Air Carriers Not Required To Brief Description of Projects Approved Estimated Charge Expiration Date: Collect PFC’s: All air taxi/commercial for Collection and Use: August 1, 2012. operators filing or requested to file FAA Terminal rehabilitation and Class of Air Carriers Not Required To Form 1800–31. expansion. Collect PFC’s: Non-scheduled on Determination: Approved. Based on Airfield electrical improvements. demand carriers, air taxi/commercial information submitted in the public PFC application development. operators filing FAA Form 1800–31. agency’s application, the FAA has Decision Date: June 14, 2010. Determination: Approved. Based on determined that the proposed class FOR FURTHER INFORMATION CONTACT: information submitted in the public accounts for less than 1 percent of the Anna Guss, Atlanta Airports District agency’s application, the FAA has total annual enplanements at Office, (404) 305–7146. determined that the proposed class Charlottesville—Albemarle Airport. Public Agency: City of Atlanta, accounts for less than 1 percent of the Brief Description of Projects Approved Georgia. total annual enplanements at Aspen— for Collection and Use: Application Number: 10–12–C–00– Pitken County/Sardy Field. Relocate runway 3 localizer. Atl. Brief Description of Projects Approved Pavement management program— Application Type: Impose and use a for Collection and Use: rehabilitate taxiway F. PFC. Snow removal equipment—runway Runway 21 extension—runway PFC Level: $4.50. sweeper. protection zone land acquisition. Total PFC Revenue Approved in This Snow removal equipment—runway Runway 21 extension—phase 1A. Decision: $19,332,000. plow. Runway 21 extension—phase 1B, Earliest Charge Effective Date: January Airfield friction tester. excavate embankment. 1, 2023. Runway 21 extension—phase 1b, Estimated Charge Expiration Date: Snow removal equipment—airfield excavate embankment additional share. March 1, 2023. snow blower. Runway 21 extension—phase 2, pave Class of Air Carriers Not Required To PFC application and administration construct runway only. Collect PFC’s: Air taxi/commercial fees. Pavement management program— operators when enplaning revenue Decision Date: June 18, 2010. mill/overlay taxiway sections. passengers in limited, irregular, special FOR FURTHER INFORMATION CONTACT: Runway 21 extension—phase 3, service air taxi/commercial operations Chris Schaffer, Denver Airports District construction parallel taxiway. such as air ambulance services, student Office, (303) 342–1258.

AMENDMENTS TO PFC APPROVALS

Original es- Amended Amendment Original ap- Amended ap- timated estimated Amendment No. city, state approved proved net PFC proved net PFC charge exp. charge exp. date revenue revenue date date

01–01–C–03–SAT San Antonio, TX ...... 05/28/10 $238,029,391 $364,227,049 01/01/13 05/01/19 03–02–U–03–SAT San Antonio, TX ...... 05/28/10 NA NA 01/01/13 05/01/19

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AMENDMENTS TO PFC APPROVALS—Continued

Original es- Amended Amendment Original ap- Amended ap- timated estimated Amendment No. city, state approved proved net PFC proved net PFC charge exp. charge exp. date revenue revenue date date

04–03–U–SAT San Antonio, TX...... 05/28/10 NA NA 01/01/13 05/01/19 07–06–C–01–SUN Haily, ID ...... 06/02/10 691,368 763,226 11/01/10 12/01/10 04–07–C–03–JNU Juneau, AK ...... 06/03/10 5,226,106 3,566,606 09/01/08 03/01/08 07–07–C–01–ALO Waterloo, IA ...... 06/14/10 356,706 363,977 03/01/11 03/01/11 09–14–C–01–MRY Monterey, CA ...... 06/21/10 854,823 980,026 08/01/10 12/01/10 07–11–C–01–MCO Orlando, FL ...... 06/22/10 48,580,000 49,330,000 07/01/20 07/01/20

Issued in Washington, DC on July 14, 2010. West Building, 1200 New Jersey a Program to Qualify Individuals with Joe Hebert, Avenue, SE., Washington, DC, between Insulin-Treated Diabetes Mellitus to Manager, Financial Analysis and Passenger 9 a.m. and 5 p.m., Monday through Operate in Interstate Commerce as Facility Charge Branch. Friday, except Federal holidays. Directed by the Transportation Act for [FR Doc. 2010–17982 Filed 7–26–10; 8:45 am] Privacy Act: Anyone may search the the 21st Century.’’ The report concluded BILLING CODE 4910–13–M electronic form of all comments that a safe and practicable protocol to received into any of DOT’s dockets by allow some drivers with ITDM to the name of the individual submitting operate CMVs is feasible. The DEPARTMENT OF TRANSPORTATION the comment (or of the person signing September 3, 2003 (68 FR 52441) the comment, if submitted on behalf of Federal Register Notice in conjunction Federal Motor Carrier Safety an association, business, labor union, or with the November 8, 2005 (70 FR Administration other entity). You may review DOT’s 67777) Federal Register Notice provides [FMCSA Docket No. FMCSA–2010–0138] Privacy Act Statement for the Federal the current protocol for allowing such Docket Management System published drivers to operate CMVs in interstate Qualification of Drivers; Exemption in the Federal Register on January 17, commerce. Applications; Diabetes Mellitus 2008 (73 FR 3316), or you may visit These twenty-five applicants have http://edocket.access.gpo.gov/2008/pdf/ had ITDM over a range of 1 to 30 years. AGENCY: Federal Motor Carrier Safety E8-785.pdf. These applicants report no Administration (FMCSA), DOT. hypoglycemic reaction that resulted in ACTION: Notice of final disposition. Background loss of consciousness or seizure, that On June 16, 2010, FMCSA published required the assistance of another SUMMARY: FMCSA announces its a Notice of receipt of Federal diabetes person, or resulted in impaired decision to exempt twenty-five exemption applications from twenty- cognitive function without warning individuals from its rule prohibiting five individuals and requested symptoms in the past 5 years (with one persons with insulin-treated diabetes comments from the public (75 FR year of stability following any such mellitus (ITDM) from operating 34206). The public comment period episode). In each case, an commercial motor vehicles (CMVs) in closed on July 16, 2010 and no endocrinologist verified that the driver interstate commerce. The exemptions comments were received. has demonstrated a willingness to will enable these individuals to operate FMCSA has evaluated the eligibility properly monitor and manage his/her CMVs in interstate commerce. of the twenty-five applicants and diabetes mellitus, received education DATES: The exemptions are effective July determined that granting the related to diabetes management, and is 27, 2010. The exemptions expire on July exemptions to these individuals would on a stable insulin regimen. These 27, 2012. achieve a level of safety equivalent to, drivers report no other disqualifying FOR FURTHER INFORMATION CONTACT: Dr. or greater than, the level that would be conditions, including diabetes-related Mary D. Gunnels, Director, Medical achieved by complying with the current complications. Each meets the vision Programs, (202) 366–4001, regulation 49 CFR 391.41(b)(3). standard at 49 CFR 391.41(b)(10). [email protected], FMCSA, Room The qualifications and medical Diabetes Mellitus and Driving W64–224, Department of condition of each applicant were stated Experience of the Applicants Transportation, 1200 New Jersey and discussed in detail in the June 16, Avenue, SE., Washington, DC 20590– The Agency established the current 2010, Federal Register Notice and they 0001. Office hours are from 8:30 a.m. to standard for diabetes in 1970 because will not be repeated in this Notice. 5 p.m., Monday through Friday, except several risk studies indicated that Federal holidays. drivers with diabetes had a higher rate Basis for Exemption Determination SUPPLEMENTARY INFORMATION: of crash involvement than the general Under 49 U.S.C. 31136(e) and 31315, population. The diabetes rule provides FMCSA may grant an exemption from Electronic Access that ‘‘A person is physically qualified to the diabetes standard in 49 CFR You may see all the comments online drive a commercial motor vehicle if that 391.41(b)(3) if the exemption is likely to through the Federal Document person has no established medical achieve an equivalent or greater level of Management System (FDMS) at: http:// history or clinical diagnosis of diabetes safety than would be achieved without www.regulations.gov. mellitus currently requiring insulin for the exemption. The exemption allows Docket: For access to the docket to control’’ (49 CFR 391.41(b)(3)). the applicants to operate CMVs in read background documents or FMCSA established its diabetes interstate commerce. comments, go to http:// exemption program, based on the To evaluate the effect of these www.regulations.gov and/or Room Agency’s July 2000 study entitled ‘‘A exemptions on safety, FMCSA W12–140 on the ground level of the Report to Congress on the Feasibility of considered medical reports about the

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applicants’ ITDM and vision, and listed under ‘‘Conditions and 24015; FMCSA–2008–0106; FMCSA– reviewed the treating endocrinologists’ Requirements’’ above. 2008–0174, using any of the following medical opinion related to the ability of In accordance with 49 U.S.C. 31136(e) methods. the driver to safely operate a CMV while and 31315 each exemption will be valid • Federal eRulemaking Portal: Go to using insulin. for two years unless revoked earlier by http://www.regulations.gov. Follow the Consequently, FMCSA finds that in FMCSA. The exemption will be revoked on-line instructions for submitting each case exempting these applicants if: (1) The person fails to comply with comments. from the diabetes standard in 49 CFR the terms and conditions of the • Mail: Docket Management Facility; 391.41(b)(3) is likely to achieve a level exemption; (2) the exemption has U.S. Department of Transportation, 1200 of safety equal to that existing without resulted in a lower level of safety than New Jersey Avenue, SE., West Building the exemption. was maintained before it was granted; or Ground Floor, Room W12–140, (3) continuation of the exemption would Washington, DC 20590–0001. Conditions and Requirements not be consistent with the goals and • Hand Delivery or Courier: West The terms and conditions of the objectives of 49 U.S.C. 31136(e) and Building Ground Floor, Room W12–140, exemption will be provided to the 31315. If the exemption is still effective 1200 New Jersey Avenue, SE., applicants in the exemption document at the end of the 2-year period, the Washington, DC, between 9 a.m. and and they include the following: (1) That person may apply to FMCSA for a 5 p.m., Monday through Friday, except each individual submit a quarterly renewal under procedures in effect at Federal Holidays. • monitoring checklist completed by the that time. Fax: 1–202–493–2251. treating endocrinologist as well as an Issued on: July 20, 2010. Instructions: Each submission must include the Agency name and the annual checklist with a comprehensive Larry W. Minor, medical evaluation; (2) that each docket number for this Notice. Note that Associate Administrator for Policy and DOT posts all comments received individual reports within 2 business Program Development. without change to http:// days of occurrence, all episodes of [FR Doc. 2010–18308 Filed 7–26–10; 8:45 am] severe hypoglycemia, significant www.regulations.gov, including any BILLING CODE 4910–EX–P complications, or inability to manage personal information included in a diabetes; also, any involvement in an comment. Please see the Privacy Act heading below. accident or any other adverse event in DEPARTMENT OF TRANSPORTATION a CMV or personal vehicle, whether or Docket: For access to the docket to not it is related to an episode of Federal Motor Carrier Safety read background documents or hypoglycemia; (3) that each individual Administration comments, go to http:// provide a copy of the ophthalmologist’s www.regulations.gov at any time or [Docket No. FMCSA–1998–4334; FMCSA– Room W12–140 on the ground level of or optometrist’s report to the medical 2000–8398; FMCSA–2002–11714; FMCSA– examiner at the time of the annual the West Building, 1200 New Jersey 2006–24015; FMCSA–2008–0106; FMCSA– Avenue, SE., Washington, DC, between medical examination; and (4) that each 2008–0174] individual provide a copy of the annual 9 a.m. and 5 p.m., Monday through medical certification to the employer for Qualification of Drivers; Exemption Friday, except Federal holidays. The retention in the driver’s qualification Applications; Vision FDMS is available 24 hours each day, file, or keep a copy in his/her driver’s 365 days each year. If you want AGENCY: qualification file if he/she is self- Federal Motor Carrier Safety acknowledgment that we received your employed. The driver must also have a Administration (FMCSA), DOT. comments, please include a self- copy of the certification when driving, ACTION: Notice of renewal of addressed, stamped envelope or for presentation to a duly authorized exemptions; request for comments. postcard or print the acknowledgement Federal, State, or local enforcement page that appears after submitting SUMMARY: FMCSA announces its official. comments on-line. decision to renew the exemptions from Privacy Act: Anyone may search the Discussion of Comments the vision requirement in the Federal electronic form of all comments Motor Carrier Safety Regulations for 59 received into any of our dockets by the FMCSA received no comments in this individuals. FMCSA has statutory proceeding. name of the individual submitting the authority to exempt individuals from comment (or of the person signing the Conclusion the vision requirement if the comment, if submitted on behalf of an exemptions granted will not Based upon its evaluation of the association, business, labor union, etc.). compromise safety. The Agency has You may review the DOT’s complete twenty-five exemption applications, concluded that granting these FMCSA exempts, Calvin R. Adams, Privacy Act Statement in the Federal exemption renewals will provide a level Register published on April 11, 2000 Michael R. Amstutz, Clinton R. Carlson, of safety that is equivalent to, or greater II, Brandon L. Cheek, Michael J. Drake, (65 FR 19476). This information is also than, the level of safety maintained available at http://www.regulations.gov. Richard A. Dufton, Jr., Kenneth Dunn, without the exemptions for these Robert J. Dyxin, Scott D. Endres, FOR FURTHER INFORMATION CONTACT: Dr. commercial motor vehicle (CMV) Mary D. Gunnels, Director, Medical Michael H. Hayden, Jarvis D. Hubbell, drivers. John T. Jones, Blake A. S. Keeten, Programs, (202) 366–4001, Randall L. Koegel, Nicholas J. Niemerg, DATES: This decision is effective August [email protected], FMCSA, Dereck J. Oliveira, Paul J. O’Neil, Jr., 18, 2010. Comments must be received Department of Transportation, 1200 Worden T. Price, Frankie R. Ramey, on or before August 26, 2010. New Jersey Avenue, SE., Room W64– Michael Romero, Gary L. Sager, Darrel ADDRESSES: You may submit comments 224, Washington, DC 20590–0001. D. Schroeder, Steven M. Sernett, Scott bearing the Federal Docket Management Office hours are from 8:30 a.m. to 5 p.m. C. Sevedge and Steven G. Woltman, System (FDMS) Docket ID FMCSA– Monday through Friday, except Federal from the ITDM standard in 49 CFR 1998–4334; FMCSA–2000–8398; holidays. 391.41(b)(3), subject to the conditions FMCSA–2002–11714; FMCSA–2006– SUPPLEMENTARY INFORMATION:

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Background individual provide a copy of the annual drivers submit comments by August 26, Under 49 U.S.C. 31136(e) and 31315, medical certification to the employer for 2010. FMCSA believes that the FMCSA may renew an exemption from retention in the driver’s qualification requirements for a renewal of an the vision requirements in 49 CFR file and retains a copy of the exemption under 49 U.S.C. 31136(e) and 391.41(b)(10), which applies to drivers certification on his/her person while 31315 can be satisfied by initially of CMVs in interstate commerce, for a driving for presentation to a duly granting the renewal and then two-year period if it finds ‘‘such authorized Federal, State, or local requesting and evaluating, if needed, exemption would likely achieve a level enforcement official. Each exemption will be valid for two years unless subsequent comments submitted by of safety that is equivalent to, or greater rescinded earlier by FMCSA. The interested parties. As indicated above, than, the level that would be achieved exemption will be rescinded if: (1) The the Agency previously published absent such exemption.’’ The procedures person fails to comply with the terms Notices of final disposition announcing for requesting an exemption (including and conditions of the exemption; (2) the its decision to exempt these 59 renewals) are set out in 49 CFR part 381. exemption has resulted in a lower level individuals from the vision requirement Exemption Decision of safety than was maintained before it in 49 CFR 391.41(b)(10). The final decision to grant an exemption to each This Notice addresses 59 individuals was granted; or (3) continuation of the of these individuals was made on the who have requested renewal of their exemption would not be consistent with merits of each case and made only after exemptions in accordance with FMCSA the goals and objectives of 49 U.S.C. careful consideration of the comments procedures. FMCSA has evaluated these 31136(e) and 31315. received to its Notices of applications. 59 applications for renewal on their Basis for Renewing Exemptions The Notices of applications stated in merits and decided to extend each Under 49 U.S.C. 31315(b)(1), an detail the qualifications, experience, exemption for a renewable two-year exemption may be granted for no longer and medical condition of each applicant period. They are: than two years from its approval date for an exemption from the vision Catarino, Aispuro, Gary R. Andersen, and may be renewed upon application requirements. That information is Edwin A. Betz, Donald L. Carman, for additional two year periods. In available by consulting the above cited Mitchell L. Carmen, Christopher R. accordance with 49 U.S.C. 31136(e) and Federal Register publications. Cone, Walter O. Connelly, Stephen B. 31315, each of the 59 applicants has Interested parties or organizations Copeland, Armando P. D’Angeli, Donald satisfied the entry conditions for possessing information that would R. Davis, Ivory Davis, Louis A. obtaining an exemption from the vision otherwise show that any, or all, of these DiPasqua, Jr., Henry L. Donivan, Randy requirements (63 FR 66226; 64 FR drivers are not currently achieving the J. Doran, Robert E. Dukes, Roger D. 16517; 65 FR 78256; 66 FR 16311; 68 FR statutory level of safety should Elders, James F. Epperson, Lucious J. 13360; 70 FR 12265; 72 FR 27624; 67 FR immediately notify FMCSA. The Erwin, Riche Ford, Kelly L. Foster, 15662; 67 FR 37907; 69 FR 26206; 71 FR Agency will evaluate any adverse Kevin J. Friedel, Donald W. Garner, Paul 26601; 73 FR 52451; 71 FR 14566; 71 FR evidence submitted and, if safety is W. Goebel, Jr., Ronnie L. Hanback, 30227; 73 FR 48275; 73 FR 35194; 73 FR being compromised or if continuation of Steven G. Harter, Michael C. Hensley, 48273; 73 FR 38497; 73 FR 48271). Each the exemption would not be consistent George F. Hernandez, Jr., Scott A. of these 59 applicants has requested with the goals and objectives of 49 Hillman, Charles S. Huffman, Jesse P. renewal of the exemption and has U.S.C. 31136(e) and 31315, FMCSA will Jamison, James A. Jones, Ronnie M. submitted evidence showing that the take immediate steps to revoke the Jones, Andrew C. Kelly, Jason W. King, vision in the better eye continues to exemption of a driver. James T. Leek, Billy J. Lewis, Velmer L. meet the standard specified at 49 CFR Issued on: July 19, 2010. McClelland, Larry McCoy, Sr., Robert 391.41(b)(10) and that the vision W. McMillian, Danny W. Nuckles, impairment is stable. In addition, a Larry W. Minor, Richard A. Peterson, Willam R. Proffitt, review of each record of safety while Associate Administrator for Policy and Chad M. Quarles, Carroll G. driving with the respective vision Program Development. Quisenberry, Daniel S. Rebstad, Ryan J. deficiencies over the past two years [FR Doc. 2010–18307 Filed 7–26–10; 8:45 am] Reimann, Ronney L. Rogers, Manuel C. indicates each applicant continues to BILLING CODE 4910–EX–P Savin, Brandon J. See, Douglas A. meet the vision exemption standards. Sharp, Ricky L. Shepler, LeTroy D. These factors provide an adequate basis DEPARTMENT OF TRANSPORTATION Sims, Robert M. Stewart, John L. Stone, for predicting each driver’s ability to Nils S. Thornberg, Daniel W. Toppings, continue to drive safely in interstate Federal Railroad Administration Kenneth E. Valentine, Christopher R. commerce. Therefore, FMCSA Whitson, and George L. Young. concludes that extending the exemption [Docket No. FRA–2010–005–N–5] The exemptions are extended subject for each renewal applicant for a period Resolicitation of Applications for the to the following conditions: (1) That of two years is likely to achieve a level Railroad Safety Technology Program each individual has a physical of safety equal to that existing without Grant Program (RS–TEC–10–001) examination every year (a) by an the exemption. ophthalmologist or optometrist who AGENCY: Request for Comments Federal Railroad attests that the vision in the better eye Administration (FRA), Department of continues to meet the standard in 49 FMCSA will review comments Transportation (DOT). CFR 391.41(b)(10), and (b) by a medical received at any time concerning a ACTION: Notice of Funds Availability, examiner who attests that the individual particular driver’s safety record and Resolicitation of Applications (RS–TEC– is otherwise physically qualified under determine if the continuation of the 10–001). 49 CFR 391.41; (2) that each individual exemption is consistent with the provides a copy of the ophthalmologist’s requirements at 49 U.S.C. 31136(e) and SUMMARY: Due to a significant number of or optometrist’s report to the medical 31315. However, FMCSA requests that technical errors in applicant grant examiner at the time of the annual interested parties with specific data proposal submissions for the Railroad medical examination; and (3) that each concerning the safety records of these Safety Technology Grant Program

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(Funding Opportunity RS–TEC–10– and electronically apply for competitive the Technology Implementation Plans 001), the Federal Railroad grant opportunities from all Federal (TIP) and Positive Train Control Administration (FRA) has elected to grant-making agencies. Any entity Implementation Plans (PTCIP) required reopen the application period. wishing to submit an application by 49 U.S.C. 20156(e)(2) and 20157, or Applicants who previously submitted pursuant to this notice should demonstrate, to the satisfaction of FRA, a proposal for funding under this immediately initiate the process of that they are currently developing the program and those who do not want to registering with Grants.gov. FRA required plans. Preference will be given make changes to their submission do strongly recommends that applicants in the following order: not need to do anything. Their original complete and submit their applications 1. Entities that have completed and application will be reviewed as is. with sufficient lead time to account for received FRA approval of both their TIP Applicants wanting to make any any difficulties they may have in the use and PTCIP. changes to their application must of Grants.gov. FRA does not recommend 2. Entities that have completed and reapply and submit a new, complete waiting until the closing date to submit received FRA approval of their PTCIP. application package with all required applications. Instructions for the use of 3. Entities that have submitted their documentation. The new application Grants.gov by applicants can be found PTCIP to FRA for approval. package will be reviewed and the on the Grants.gov Web site (http:// 4. Entities that have certified to FRA previous application from the July 1, www.grants.gov/). The help center for progress towards completion of their 2010, deadline will be ignored. It is the use of Grants.gov can be reached at PTCIP and TIP. therefore essential that applicants (800) 518–4726. The help center is 5. All other entities. submit all required documentation as if closed on Federal holidays. Callers to Collaborative project submissions by they were a new applicant. Those the help center should have the Funding freight and passenger carriers, suppliers, seeking to modify their application must Opportunity Number (RS–TEC–10–001), and State and local governments on resubmit their proposals through the name of the agency you are applying eligible projects will be evaluated more Grants.gov (http://www.grants.gov/) to (Federal Railroad Administration), favorably. before 23:59 (11:59 p.m.) Eastern and the specific area of concern. No Eligible Projects: Grant awards will Daylight Time September 3, 2010. applications will be accepted after the focus on using technologies or methods Applications after this date and time closing date and time. that are ready for deployment, or of sufficient technical maturity that they will not be considered. Applications FOR FURTHER INFORMATION CONTACT: submitted directly to GrantSolutions or Those interested in responding to this can be made ready for deployment via e-mail, fax, or any other method solicitation are strongly encouraged to within the 24 months after the grant other than Grants.gov, will not be first call Dr. Mark Hartong, FRA, Senior award. FRA will give preference to considered. Electronics Engineer (phone: (202) 493– collaborative projects by multiple The Railroad Safety Technology 1332; e-mail: [email protected]); or railroads that have active railroad Program (RSTP) is a newly authorized Mr. David Blackmore, FRA, Program carrier and sponsoring public authority program under the Rail Safety Manager, Advanced Technologies participation in the following order: Priority 1: Projects that: Improvement Act of 2008 (RSIA) (Pub. (phone: (312) 835–3903, e-mail: (a) Support the resolution of L. 110–432; October 16, 2008). The [email protected]) to discuss Northeast Corridor Positive Train program authorizes DOT to provide the prospective idea, its potential Control (PTC) interoperability issues, grants to passenger and freight rail responsiveness to the solicitation, and carriers, railroad suppliers, and State (b) Support the resolution of mixed potential for FRA interest. Taking this freight and passenger PTC and local governments for projects that action could forestall costly efforts by have a public benefit of improved interoperability issues in the Los interested parties whose proposed work Angeles basin, or railroad safety and efficiency. The may not be of interest to FRA under this program makes available $50 million in (c) Facilitate sharing of PTC grant. Nontechnical inquiries should be communications infrastructure and Federal funds. This grant program has a directed to the Grants Officer, Ms. mandatory maximum 80 percent spectrum. Jennifer Capps (phone: (202) 493–0112, Priority 2: Projects that: Federal, and minimum 20 percent e-mail: [email protected]). grantee, cost share (cash or in-kind) (a) Support high-speed passenger SUPPLEMENTARY INFORMATION: operations using general freight PTC requirement. Applications that do not Authority and Funding: RSTP, clearly indicate at least a 20 percent technologies, or authorized under Section 105 of RSIA (b) Optimize PTC deployment on the non-Federal cost share, and do not (Division A, Pub. L. 110–432) (49 U.S.C. adequately identify how the non- core 2015 PTC territory, or 20158), authorizes the appropriation of (c) Support PTC deployment on non- Federal cost share will be provided, will $50 million annually for fiscal years 2015 core PTC territory. be rejected as nonresponsive. (FY) 2009 through 2013. The Priority 3: All other projects. DATES: FRA will begin accepting grant Transportation, Housing and Urban Selection Criteria: Applications will applications 10 days after publication of Development, and Related Agencies be evaluated and ranked based on both this Notice of Funding Availability in Appropriations Act of 2010 provided technical and cost/price factors. the Federal Register. Applications may $50 million for this purpose. Technical Factors (75% overall be submitted until September 3, 2010. Eligible Organizations: Title 49 U.S.C. weighting): Reviews will be conducted immediately 20158 provides that ‘‘Grants shall be 1. Responsiveness to Solicitation following the solicitation close date. made under this section to eligible Intent and Requirements (20%): Degree Selection announcements will be made passenger and freight railroad carriers, to which the proposal meets the approximately 60 days after the closing railroad suppliers, and State and local conceptual intent and submission date for applications. governments for projects * * * that requirements of the solicitation. ADDRESSES: All grant applications must have a public benefit of improved safety 2. Significance for Implementing be submitted through Grants.gov and network efficiency.’’ Interoperable PTC Deployment and Fit (http://www.grants.gov). The Grants.gov To be eligible for assistance, entities with FRA Mission (30%): Degree to Web site allows organizations to find must have either received approval of which successful implementation of the

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proposed idea would make Information Collection: The Office of revitalizing communities and serving interoperable PTC deployment more Management and Budget (OMB), under families, and the impact that these technically or economically practical emergency clearance procedures, has CDFIs and CDEs are realizing. CDFI (includes contribution to cost- approved the information collection Fund awardees and allocatees will be effectiveness, reliability, safety, associated with the PTC grant program invited to submit narratives on availability, or maintainability), and fit for 6 months. The approval number for community development projects that within FRA’s primary mission of this collection of information is OMB they believe demonstrate innovation or ensuring the safety of the Nation’s No. 2130–0587, and the expiration date high impact. The project description approximately 700 railroads. is September 30, 2010. FRA will be may be for a project previously reported 3. Technical Merit (20%): Degree to publishing a Notice in the Federal to the CDFI Fund through the which proposed ideas exhibit a sound Register shortly in which the agency Community Investment Impact System scientific and engineering basis; how will be seeking regular OMB clearance (CIIS) or for a new project that has not well the proposed ideas could be for this collection of information. Such yet been reported in CIIS. The CDFI practically applied in and would be approvals are normally good for 3 years. Fund plans to use the descriptions in compatible with the railroad FRA will publish a Notice for this CDFI Fund publications, on its Web site environment; and perceived likelihood second OMB approval once it is and in other ways to highlight the work of technical and practical success. obtained. of its awardees and allocatees. 4. Key Personnel and Supporting Issued in Washington, DC, on July 20, DATES: Written comments should be Organization (15%): Technical 2010. received on or before September 27, qualifications and demonstrated Robert C. Lauby, 2010 to be assured of consideration. experience of key personnel proposed to Deputy Associate Administrator for ADDRESSES: Please direct all comments lead and perform the technical efforts; Regulatory and Legislative Operations. qualifications of primary and supporting on the CDFI/CDE Project Profiles Web [FR Doc. 2010–18266 Filed 7–26–10; 8:45 am] organizations to fully and successfully Form in writing to Kimberly Beauman, execute proposal plan within the BILLING CODE 4910–06–P Legislative and External Affairs proposed timeframe and budget. Specialist, CDFI Fund, U.S. Department 5. Collaborative Efforts (15%): Degree of the Treasury, 601 13th Street, NW., to which the proposed effort is DEPARTMENT OF THE TREASURY Suite 200 South, Washington, DC 20005, supported by multiple entities and the by e-mail to LegislativeAndExternal Community Development Financial [email protected], or by applicability and availability of results Institutions Fund to the larger railroad industry. facsimile to (202) 622–7754. Please note: This is not a toll free number. Cost/Price Factor (25% overall Proposed Collection; Comment FOR FURTHER INFORMATION CONTACT: weighting): Request: CDFI/CDE Project Profiles A 1. Affordability and degree to which Web Form draft of the information collection may proposed effort appears to be a good be obtained from the CDFI Fund’s Web value for the amount of funding ACTION: Notice and request for site at http://www.cdfifund.gov. requested. This includes the comments. Requests for additional information reasonableness and realism of the should be directed to Kimberly proposed costs (60%). SUMMARY: The Department of the Beauman, Legislative and External 2. The extent of proposed cost-sharing Treasury, as part of its continuing effort Affairs Specialist, CDFI Fund, U.S. or cost-participation under the proposed to reduce paperwork and respondent Department of the Treasury, 601 13th effort (exclusive of the applicant’s prior burden, invites the general public and Street, NW., Suite 200 South, investment) (40%). other Federal agencies to take this Washington, DC 20005, or by phone to An offer must be found acceptable opportunity to comment on proposed (202) 622–4436. under all applicable evaluation factors and/or continuing information SUPPLEMENTARY INFORMATION: to be considered eligible for award. collections, as required by the Title: CDFI/CDE Project Profile Web Awards will be made to responsible Paperwork Reduction Act of 1995, 44 Form. applicants whose offers provide the best U.S.C. 3506(c)(2)(A). Currently, the Abstract: The voluntary collection of value to the Government in terms of Community Development Financial narrative descriptions of projects technical excellence, cost or price, and Institutions (CDFI) Fund, Department of financed by CDFI Fund awardees and performance risk, to include consistency the Treasury, is soliciting comments allocatees via the CDFI/CDE Project and accord with the objectives of the concerning the CDFI/CDE Project Profile Profile Web Form is in response to the solicitation and FRA’s expressed areas Web Form, a voluntary information public’s request for better and more of interest. collection effort involving all CDFI narrative information on impact and Requirements and Conditions for Fund programs. The specific best practices associated with all of the Grant Applications: Detailed information collection relates to the CDFI Fund’s programs. The purpose is application requirements and voluntary collection of narrative to more fully describe and record the conditions may be found in the grant descriptions of projects financed by innovative approaches CDFIs application guidance for this solicitation CDFI Fund awardees and allocatees in (Community Development Financial on Grants.gov. Before submitting their response to the public’s request for Institutions) and CDEs (Community proposals, applicants must carefully better and more narrative information Development Entity) use in revitalizing read the grant guidance associated with on impact and best practices associated communities and serving families, and this funding opportunity, ensure that with all of the CDFI Fund’s programs. the impact that these CDFIs and CDEs their applications are submitted on or The purpose of the information are realizing. before the closing date provided herein, collection is to more fully describe and Each best practice is generated by one and ensure that they have complied record the innovative approaches or more of the following six CDFI Fund with all of the requirements of the grant community development financial programs: application guidance, including institutions (CDFIs) and community 1. Through the CDFI Program by providing applicable certifications. development entities (CDEs) use in directly investing in, supporting and

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training CDFIs that provide loans, and qualified nonprofit housing Requests for Comments: Comments investments, financial services and organizations to finance affordable submitted in response to this notice will technical assistance to underserved housing activities as well as related be summarized and/or included in the populations and communities; economic development activities and request for OMB approval. All 2. Through the New Markets Tax community service facilities; and comments will become a matter of Credit (NMTC) Program by providing an 6. Through the Financial Education public record. Comments are invited on: allocation of tax credit authority to and Counseling (FEC) Pilot Program, by (a) The accuracy of the agency’s CDEs which enable them to attract providing grants to CDFIs and other estimate of the burden of the collection investment from the private-sector and eligible organizations to enable them to of information; (b) ways to enhance the to reinvest these amounts in low-income provide a range of financial education quality, utility, and clarity of the communities; and counseling services to prospective information to be collected; and (c) 3. Through the Bank Enterprise homebuyers. ways to minimize the burden of the Award (BEA) Program by providing an Current Actions: Revision of a collection of information on incentive to FDIC insured banks and currently approved collection. respondents, including through the use thrifts to invest in their communities Type of review: Regular review. of technology. and in CDFIs; Affected Public: CDFIs and CDEs, 4. Through the Native American CDFI including business or other for-profit Authority: 12 U.S.C. 4707 et seq.; 26 Assistance (NACA) Program, by institutions, nonprofit entities, and U.S.C. 45D. providing financial assistance, technical State, local and Tribal entities. Dated: July 21, 2010. assistance, and training to Native CDFIs Estimated Number of Respondents: Donna J. Gambrell, and other Native entities proposing to 100. become or create Native CDFIs; Estimated Annual Time per Director, Community Development Financial 5. Through the Capital Magnet Fund Respondent: 2.5 hours. Institutions Fund. (CMF) Program, by providing Estimated Total Annual Burden [FR Doc. 2010–18372 Filed 7–26–10; 8:45 am] competitively awarded grants to CDFIs Hours: 250 hours. BILLING CODE 4810–70–P

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Part II

Department of Education Promoting Postbaccalaureate Opportunities for Hispanic Americans (PPOHA) Program; Notices

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DEPARTMENT OF EDUCATION proposed requirements and this notice these requirements in any year in which of final requirements. this program is in effect. Promoting Postbaccalaureate Public Comment: In response to our Requirement 1—Eligibility Criteria Opportunities for Hispanic Americans invitation in the notice of proposed (Use of 34 CFR 606.2(a) and (b), 606.3 (PPOHA) Program requirements, we did not receive any through 606.5). comments on the proposed Hispanic-Serving Institution (HSI): To Catalog of Federal Domestic Assistance qualify as an eligible HSI for the (CFDA) Number: 84.031M. requirements. However, as a result of our further review of the proposed Promoting Postbaccalaureate AGENCY: Office of Postsecondary requirements since publication of the Opportunities for Hispanic Americans Education, Department of Education. notice of proposed requirements, we (PPOHA) Program under sections 502 ACTION: Notice of final requirements. have made two changes as follows: and 512(b) of the Higher Education Act Analysis of Comments and Changes: of 1965, as amended (HEA) (20 U.S.C. SUMMARY: The Assistant Secretary for 1101a and 1102a), an institution of Postsecondary Education announces Comment: None. Discussion: In reviewing Note 2 to higher education (IHE) must— requirements under the PPOHA (a) Have an enrollment of needy Program. The Assistant Secretary may proposed requirement 1 (Eligibility Criteria (Use of 34 CFR 606.2(a) and (b), students, as defined in section 502(b) of use one or more of these requirements the HEA (section 502(a)(2)(A)(i) of the 606.3 through 606.5)), we have for competitions in fiscal year (FY) 2010 HEA; 20 U.S.C. 1101a(a)(2)(A)(i)); determined that minor editorial changes and later years. We take this action to (b) Have, except as provided in establish appropriate requirements for are appropriate to clarify the discussion section 522(b) of the HEA, average the PPOHA Program. We have based of the process that the Department will educational and general expenditures these requirements on existing rules for use to resolve a conflict between the that are low, per full-time equivalent the Hispanic-Serving Institutions (HSI) enrollment data or documentation the (FTE) undergraduate student, in Program, authorized by title V of the applicant uses in its application to comparison with the average Higher Education Act of 1965, as establish that it has an enrollment of educational and general expenditures amended (HEA), because the PPOHA undergraduate full-time equivalent per FTE undergraduate student of Program and the HSI Program are (FTE) students that is at least 25 percent institutions that offer similar instruction governed by some common provisions Hispanic students and data reported (section 502(a)(2)(A)(ii) of the HEA; 20 and support similar institutions. through the Department’s Integrated U.S.C. 1101a(a)(2)(A)(ii)); Postsecondary Education Data System DATES: Effective Date: These (IPEDS), the institution’s State-reported Note: To demonstrate an enrollment of requirements are effective August 26, enrollment data, and the institutional needy students and low average educational 2010. and general expenditures per FTE annual report. undergraduate student, an IHE must be FOR FURTHER INFORMATION CONTACT: Dr. Changes: We have revised this note to designated as an ‘‘eligible institution’’ in Maria E. Carrington, U.S. Department of clarify that the data and documentation accordance with 34 CFR 606.3 through 606.5 Education, 1990 K Street, NW., Room we are examining and comparing to the and the notice inviting applications for 6036, Washington, DC 20006–8513. percentages or data reported through designation as an eligible institution for the Telephone: (202) 502–7548 or by e-mail: IPEDS, the IHE’s State-reported fiscal year for which the grant competition is [email protected]. enrollment data, and the institutional being conducted. If you use a telecommunications annual report are the data and (c) Be accredited by a nationally device for the deaf (TDD), call the documentation that the applicant recognized accrediting agency or Federal Relay Service, toll free, at 1– submits as part of its 25 percent association that the Secretary has 800–877–8339. assurance verification. determined to be a reliable authority as SUPPLEMENTARY INFORMATION: Purpose of Comment: None. to the quality of education or training Program: The purposes of the PPOHA Discussion: Upon further review of offered, or making reasonable progress Program are to: (1) Expand Requirement 2 (Use of Tie-Breaking toward accreditation, according to such postbaccalaureate educational Factors), we determined that a an agency or association (section opportunities for, and improve the clarification was appropriate. 502(a)(2)(A)(iv) of the HEA; 20 U.S.C. academic attainment of, Hispanic Specifically, in the final sentence of the 1101a(a)(2)(A)(iv)); students; and (2) expand the first paragraph we stated that the (d) Be legally authorized to provide, postbaccalaureate academic offerings as Department will use 2008–2009 data for and provide within the State, an well as enhance the program quality in purposes of the funding considerations educational program for which the the institutions of higher education that under this requirement. Because the institution awards a bachelor’s degree are educating the majority of Hispanic Department will use 2008–2009 data for (section 502(a)(2)(A)(iii) of the HEA; 20 college students and helping large funding considerations in FY 2010 only, U.S.C. 1101a(a)(2)(A)(iii)); and (e) Have an enrollment of numbers of Hispanic and low-income we have added language to make this undergraduate FTE students that is at students complete postsecondary clear. least 25 percent Hispanic students at the degrees. Changes: We have revised the last end of the award year immediately Program Authority: 20 U.S.C. 1102– sentence of the first paragraph of preceding the date of application 1102c; 1161aa–1. Requirement 2 (Use of Tie-Breaking (section 502(a)(5)(B) of the HEA; 20 We published a notice of proposed Factors to clarify that, for purposes of U.S.C. 1101a(a)(5)(B)). requirements for this program in the making these funding considerations, Federal Register on June 3, 2010 (75 FR we will use the most recent complete Note 1: Funds for the PPOHA Program will 31338). That notice contained data available (e.g., for FY 2010, we will be awarded each fiscal year; thus, for this background information and our reasons use 2008–2009 data). program, the ‘‘end of the award year immediately preceding the date of for proposing these particular Final Requirements: application’’ refers to the end of the fiscal requirements. The Assistant Secretary establishes year prior to the application due date. The Except for minor revisions, there are the following requirements for this end of the fiscal year occurs on September 30 no differences between the notice of program. We may apply one or more of for any given year.

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Note 2: In considering applications for lowest endowment values per FTE interfere with State, local, and tribal grants under this program, the Department student. (34 CFR 606.23(b)(1)) governments in the exercise of their will compare the data and documentation the Requirement 3—Limit on governmental functions. institution relied on in its application with Applications From an Eligible Intergovernmental Review: This data reported to the Department’s Integrated Institution. Postsecondary Education Data System program is subject to Executive Order In any fiscal year, an eligible (IPEDS), the IHE’s State-reported enrollment 12372 and the regulations in 34 CFR institution may submit only one data, and the institutional annual report. If part 79. One of the objectives of the application for a grant under the different percentages or data are reported in Executive order is to foster an these various sources, the institution must, as PPOHA Program. This restriction is intergovernmental partnership and a part of the 25 percent assurance verification, intended to ensure that more Hispanic- explain the reason for the differences. If the serving institutions have an opportunity strengthened federalism. The Executive IPEDS data show that less than 25 percent of for assistance under Title V of the HEA. order relies on processes developed by the institution’s undergraduate FTE students Requirement 4—Limit on Use of State and local governments for are Hispanic, the burden is on the institution Funds for Direct Student Assistance. coordination and review of proposed to show that the IPEDS data are inaccurate. Federal financial assistance. If the IPEDS data indicate that the institution A PPOHA Program grantee may use has an undergraduate FTE less than 25 no more than 20 percent of its total This document provides early percent, and the institution fails to PPOHA Program grant award to provide notification of our specific plans and demonstrate that the IPEDS data are financial support—in the form of actions for this program. inaccurate, the institution will be considered scholarships, fellowships, and other Accessible Format: Individuals with ineligible. student financial assistance—to low- disabilities can obtain this document in Requirement 2—Use of Tie-Breaking income students. an accessible format (e.g., braille, large This notice does not preclude us from Factors. print, audiotape, or computer diskette) proposing additional priorities, To resolve ties in the reader scores of on request to the program contact requirements, definitions, or selection applications for development grants, the FOR FURTHER criteria, subject to meeting applicable person listed under Department will award one additional INFORMATION CONTACT. point to an application from an IHE that rulemaking requirements. has an endowment fund for which the Electronic Access to This Document: Note: This notice does not solicit You can view this document, as well as market value per FTE student is less applications. In any year in which we choose than the comparable average current to use one or more of these requirements, we all other documents of this Department market value of the endowment funds invite applications through a notice in the published in the Federal Register, in per FTE student at similar type IHEs. In Federal Register. text or Adobe Portable Document Format (PDF), on the Internet at the addition, to resolve ties in the reader Executive Order 12866: This notice scores of applications for PPHOA following site: http://www.ed.gov/news/ has been reviewed in accordance with fedregister. To use PDF, you must have development grants, the Department Executive Order 12866. Under the terms will award one additional point to an Adobe Acrobat Reader, which is of the order, we have assessed the available free at this site. application from an IHE that has potential costs and benefits of this expenditures for library materials per regulatory action. Note: The official version of this document FTE student that are less than the The potential costs associated with is the document published in the Federal comparable average expenditures for this regulatory action are those resulting Register. Free Internet access to the official library materials per FTE student at from statutory requirements and those edition of the Federal Register and the Code similar type IHEs. (34 CFR 606.23(a)(1) we have determined as necessary for of Federal Regulations is available on GPO and (2)). For the purpose of these administering this program effectively Access at: http://www.gpoaccess.gov/nara/ funding considerations, we will use the and efficiently. index.html. most recent complete data available In assessing the potential costs and Dated: July 21, 2010. (e.g., for FY 2010, we will use 2008– benefits—both quantitative and 2009 data). qualitative—of this regulatory action, Eduardo M. Ochoa, If a tie remains after applying the tie- we have determined that the benefits of Assistant Secretary for Postsecondary breaker mechanism above, priority will the final requirements justify the costs. Education. be given for Individual Development We have determined, also, that this [FR Doc. 2010–18352 Filed 7–26–10; 8:45 am] Grants to applicants that have the regulatory action does not unduly BILLING CODE 4000–01–P

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DEPARTMENT OF EDUCATION may change the maximum amount (e) Have an enrollment of through a notice published in the undergraduate FTE students that is at Office of Postsecondary Education; Federal Register. least 25 percent Hispanic students at the Overview Information; Promoting Estimated Number of Awards: 18–20. end of the award year immediately Postbaccalaureate Opportunities for Note: The Department is not bound by any preceding the date of application Hispanic Americans (PPOHA) estimates in this notice. (section 502(a)(5)(B) of the HEA; 20 Program; Notice Inviting Applications U.S.C. 1101a(a)(5)(B)). for New Awards for Fiscal Year (FY) Note: Applicants should periodically check Note 1: Funds for the PPOHA Program will the PPOHA Program Web site for further 2010 be awarded each fiscal year; thus, for this information. The address is: http://www.ed. program, the ‘‘end of the award year Catalog of Federal Domestic Assistance gov/programs/ppoha/index.html. (CFDA) Number: 84.031M. immediately preceding the date of Project Period: Up to 60 months. application’’ refers to the end of the fiscal Dates: Applications Available: July year prior to the application due date. The 27, 2010. III. Eligibility Information end of the fiscal year occurs on September 30 Deadline for Transmittal of 1. Eligible Applicants: Institutions of for any given year. Applications: August 26, 2010. higher education (IHEs) that offer a postbaccalaureate certificate or Note 2: In considering applications for Full Text of Announcement grants under this program, the Department postbaccalaureate degree program and I. Funding Opportunity Description will compare the data and documentation the qualify as eligible Hispanic-serving institution relied on in its application with Purpose of Program: The purposes of institutions (HSIs) under section 502 of data reported to the Department’s Integrated the PPOHA Program are to: (1) Expand the HEA. Postsecondary Education Data System postbaccalaureate educational Eligibility Criteria (Use of 34 CFR (IPEDS), the IHE’s State-reported enrollment opportunities for, and improve the 606.2(a) and (b), 606.3 through 606.5): data, and the institutional annual report. If academic attainment of, Hispanic To qualify as an eligible HSI for the different percentages or data are reported in students; and (2) expand the PPOHA Program under sections 502 and these various sources, the institution must, as postbaccalaureate academic offerings as 512(b) of the HEA (20 U.S.C. 1101a and part of the 25 percent assurance verification, 1102a), an IHE must— explain the reason for the differences. If the well as enhance the program quality in IPEDS data show that less than 25 percent of the institutions of higher education that (a) Have an enrollment of needy the institution’s undergraduate FTE students are educating the majority of Hispanic students, as defined in section 502(b) of are Hispanic, the burden is on the institution college students and helping large the HEA; 20 U.S.C. 1101a(b) (cross- to show that the IPEDS data are inaccurate. numbers of Hispanic and low-income referenced in section 502(a)(2)(A)(i) of If the IPEDS data indicate that the institution students complete postsecondary the HEA; 20 U.S.C. 1101a(a)(2)(A)(i)); has an undergraduate FTE less than 25 degrees. (b) Have, except as provided in percent, and the institution fails to Program Authority: 20 U.S.C. 1102– section 522(b) of the HEA, average demonstrate that the IPEDS data are educational and general expenditures inaccurate, the institution will be considered 1102c; 1161aa–1. 1 Applicable Regulations: (a) The that are low, per full-time equivalent ineligible. (See Final Requirements.) Education Department General (FTE) undergraduate student, in 2. Cost Sharing or Matching: This Administrative Regulations (EDGAR) in comparison with the average program does not require cost sharing or 34 CFR parts 74, 75, 77, 79, 82, 84, 85, educational and general expenditures matching. 86, 97, 98, and 99. (b) The notice of final per FTE undergraduate student of 3. Other: requirements, published elsewhere in institutions that offer similar instruction (a) Limit on Number of Individual this issue of the Federal Register (Final (section 502(a)(2)(A)(ii) of the HEA; 20 Development Grants. An eligible HSI Requirements). U.S.C. 1101a(a)(2)(A)(ii)); will not be awarded more than one Individual Development Grant under II. Award Information Note: To demonstrate an enrollment of needy students and low average educational the PPOHA Program (20 U.S.C. 1102c). Type of Award: Discretionary grant. and general expenditures per FTE (b) Limit on Applications From an Estimated Available Funds: undergraduate student, an IHE must be Eligible Institution. In any fiscal year, an $9,785,518. designated as an ‘‘eligible institution’’ in eligible institution may submit only one Contingent upon the availability of accordance with 34 CFR 606.3 through 606.5 application for a grant under the funds and the quality of applications, and the notice inviting applications for PPOHA Program. This restriction is we may make additional awards in FY designation as an eligible institution for the intended to ensure that more Hispanic- 2011 from the list of unfunded fiscal year for which the grant competition is serving institutions have an opportunity applicants from this competition. being conducted. for assistance under Title V of the HEA. Estimated Range of Awards: (c) Be accredited by a nationally (See Final Requirements.) $385,000–575,000. recognized accrediting agency or Estimated Average Size of Awards: association that the Secretary has 1 For purposes of making the determination $500,000. determined to be a reliable authority as described in paragraph (e) of the Eligibility Criteria Maximum Awards: The PPOHA to the quality of education or training for the FY 2010 competition, IHEs must report their undergraduate Hispanic FTE percent based on the awards individual development grants. offered, or making reasonable progress student enrollment count closest to, but not after, We will not fund any application for a toward accreditation, according to such September 30, 2009. PPOHA Program individual an agency or association (section In addition, for purposes of establishing development grant at an amount 502(a)(2)(A)(iv) of the HEA; 20 U.S.C. eligibility under 34 CFR 606.5 for this FY 2010 competition, the Notice Inviting Applications for exceeding $575,000 for a single budget 1101a(a)(2)(A)(iv)); Designation as Eligible Institutions for FY 2010 was period of 12 months. During our initial (d) Be legally authorized to provide, published in the Federal Register on December 7, review of applications, we may choose and provide within the State, an 2009 (74 FR 64059), and the deadline for not to further consider or review an educational program for which the applications was January 6, 2010. Only institutions that submitted the required application and application with a budget that exceeds institution awards a bachelor’s degree received designation through that process are the maximum amount. The Assistant (section 502(a)(2)(A)(iii) of the HEA; 20 eligible to submit an application for this Secretary for Postsecondary Education U.S.C. 1101a(a)(2)(A)(iii)); and competition.

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IV. Application and Submission (Part III), including the budget narrative student financial assistance—to low- Information of the selection criteria. If you include income students. We reference additional regulations 1. Address to Request Application any attachments or appendices not outlining funding restrictions in the Package: Dr. Maria E. Carrington, U.S. specifically requested in the application Applicable Regulations section of this Department of Education, 1990 K Street, package, these items will be counted as part of your application narrative (Part notice. NW., room 6036, Washington, DC 6. Data Universal Numbering System 20006–8513. Telephone: (202) 502–7548 III) for purposes of the page limit requirement. You must include your Number, Taxpayer Identification or by e-mail: [email protected]. Number, and Central Contractor If you use a telecommunications complete response to the selection criteria in the application narrative. Registry: To do business with the device for the deaf (TDD), call the Department of Education, (1) you must Federal Relay Service (FRS), toll free, at Note: The narrative response to the budget have a Data Universal Numbering selection criteria is not the same as the 1–800–877–8339. System (DUNS) number and a Taxpayer Individuals with disabilities can activity detail budget form and supporting narrative. The supporting narrative for the Identification Number (TIN); (2) you obtain a copy of the application package must register both of those numbers in an accessible format (e.g., braille, activity detail budget form details the requested budget items line by line. with the Central Contractor Registry large print, audiotape, or computer We will reject your application if you (CCR), the Government’s primary diskette) by contacting the program exceed the page limit; or if you apply other registrant database; and (3) you must contact person listed in this section. standards and exceed the equivalent of the provide those same numbers on your 2. Content and Form of Application page limit. application. Submission: Requirements concerning 3. Submission Dates and Times: You can obtain a DUNS number from the content of an application, together Applications Available: July 27, 2010. Dun and Bradstreet. A DUNS number with the forms you must submit, are in can be created within one business day. the application package for this Deadline for Transmittal of Applications: August 26, 2010. If you are a corporate entity, agency, program. institution, or organization, you can Page Limit: The application narrative Applications for grants under this program must be submitted obtain a TIN from the Internal Revenue (Part III) is where you, the applicant, Service. If you are an individual, you address the selection criteria that electronically using the Electronic Grant Application System (e-Application) can obtain a TIN from the Internal reviewers use to evaluate your Revenue Service or the Social Security application. We have established accessible through the Department’s e- Grants site. For information (including Administration. If you need a new TIN, mandatory page limits for the PPOHA please allow 2–5 weeks for your TIN to Program application. You must limit the dates and times) about how to submit your application electronically, or in become active. section of the narrative that addresses The CCR registration process may take paper format by mail or hand delivery the selection criteria to no more than 50 five or more business days to complete. if you qualify for an exception to the pages, using the following standards: If you are currently registered with the • ″ ″ electronic submission requirement, A ‘‘page’’ is 8.5 x 11 , on one side CCR, you may not need to make any please refer to section IV. 7. Other only, with 1 inch margins at the top, changes. However, please make certain Submission Requirements of this notice. bottom, and both sides. that the TIN associated with your DUNS • We do not consider an application Double space (no more than three number is correct. Also note that you that does not comply with the deadline lines per vertical inch) all text in the will need to update your CCR requirements. application narrative, except titles, registration on an annual basis. This headings, footnotes, quotations, Individuals with disabilities who may take three or more business days to references, captions, and all text in need an accommodation or auxiliary aid complete. charts, tables, figures, and graphs. These in connection with the application 7. Other Submission Requirements: items may be single-spaced. Charts, process should contact the person listed Applications for grants under this tables, figures, and graphs in the under For Further Information Contact program must be submitted application narrative count toward the in section VII of this notice. If the electronically unless you qualify for an page limit. Department provides an accommodation exception to this requirement in • Use a font that is either 12 point or or auxiliary aid to an individual with a accordance with the instructions in this larger, or no smaller than 10 pitch disability in connection with the section. (characters per inch). application process, the individual’s a. Electronic Submission of • Use one of the following fonts: application remains subject to all other Applications. Times New Roman, Courier, Courier requirements and limitations in this Applications for grants under the New, or Arial. An application submitted notice. PPOHA—CFDA Number 84.031M— in any other font (including Times 4. Intergovernmental Review: This must be submitted electronically using Roman and Arial Narrow) will not be program is subject to Executive Order e-Application, accessible through the accepted. 12372 and the regulations in 34 CFR Department’s e-Grants Web site at: The page limit does not apply to Part part 79. Information about http://e-grants.ed.gov. I, the Application for Federal Assistance Intergovernmental Review of Federal We will reject your application if you (SF 424); the Department of Education Programs under Executive Order 12372 submit it in paper format unless, as Supplemental Information form (SF is in the application package for this described elsewhere in this section, you 424); Part II, Budget Information-Non- program. qualify for one of the exceptions to the Construction Programs (ED Form 524); 5. Funding Restrictions: Limit on Use electronic submission requirement and Part IV, the assurances and of Funds for Direct Assistance: A submit, no later than two weeks before certifications; or the one-page project PPOHA Program grantee may use no the application deadline date, a written abstract and program activity budget more than 20 percent of its total PPOHA statement to the Department that you detail form and supporting narrative. Program grant award to provide qualify for one of these exceptions. However, the page limit does apply to financial support—in the form of Further information regarding all of the application narrative section scholarships, fellowships, and other calculation of the date that is two weeks

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before the application deadline date is automatic acknowledgment that will unable to submit an application through provided later in this section under include a PR/Award number (an e-Application because— Exception to Electronic Submission identifying number unique to your • You do not have access to the Requirement. application). Internet; or While completing your electronic • Within three working days after • You do not have the capacity to application, you will be entering data submitting your electronic application, upload large documents to e- online that will be saved into a fax a signed copy of the SF 424 to the Application; and database. You may not e-mail an Application Control Center after • No later than two weeks before the electronic copy of a grant application to following these steps: application deadline date (14 calendar us. (1) Print SF 424 from e-Application. days or, if the fourteenth calendar day Please note the following: before the application deadline date • (2) The applicant’s Authorizing You must complete the electronic Representative must sign this form. falls on a Federal holiday, the next submission of your grant application by (3) Place the PR/Award number in the business day following the Federal 4:30:00 p.m., Washington, DC time, on upper right hand corner of the hard- holiday), you mail or fax a written the application deadline date. E– copy signature page of the SF 424. statement to the Department, explaining Application will not accept an (4) Fax the signed SF 424 to the which of the two grounds for an application for this program after Application Control Center at (202) exception prevents you from using the 4:30:00 p.m., Washington, DC time, on 245–6272. Internet to submit your application. If the application deadline date. • We may request that you provide us you mail your written statement to the Therefore, we strongly recommend that original signatures on other forms at a Department, it must be postmarked no you do not wait until the application later date. later than two weeks before the deadline date to begin the application Application Deadline Date Extension application deadline date. If you fax process. in Case of e-Application Unavailability: your written statement to the • The hours of operation of the e- If you are prevented from electronically Department, we must receive the faxed Grants Web site are 6:00 a.m. Monday submitting your application on the statement no later than two weeks until 7:00 p.m. Wednesday; and 6:00 application deadline date because e- before the application deadline date. a.m. Thursday until 8:00 p.m. Sunday, Application is unavailable, we will Address and mail or fax your Washington, DC time. Please note that, grant you an extension of one business statement to: Dr. Maria E. Carrington, because of maintenance, the system is day to enable you to transmit your U.S. Department of Education, 1990 K unavailable between 8:00 p.m. on application electronically, by mail, or by Street, NW., room 6036, Washington, Sundays and 6:00 a.m. on Mondays, and hand delivery. We will grant this DC 20006–8513. FAX: (202) 502–7861. between 7:00 p.m. on Wednesdays and extension if— Your paper application must be 6:00 a.m. on Thursdays, Washington, (1) You are a registered user of e- submitted in accordance with the mail DC time. Any modifications to these or hand delivery instructions described hours are posted on the e-Grants Web Application and you have initiated an electronic application for this in this notice. site. b. Submission of Paper Applications • You will not receive additional competition; and by Mail. point value because you submit your (2) (a) E–Application is unavailable If you qualify for an exception to the application in electronic format, nor for 60 minutes or more between the electronic submission requirement, you will we penalize you if you qualify for hours of 8:30 a.m. and 3:30 p.m., may mail (through the U.S. Postal an exception to the electronic Washington, DC time, on the Service or a commercial carrier) your submission requirement, as described application deadline date; or application to the Department. You elsewhere in this section, and submit (b) E–Application is unavailable for must mail the original and two copies your application in paper format. any period of time between 3:30 p.m. of your application, on or before the • You must submit all documents and 4:30:00 p.m., Washington, DC time, application deadline date, to the electronically, including all information on the application deadline date. Department at the following address: you typically provide on the following We must acknowledge and confirm U.S. Department of Education, forms: the Application for Federal these periods of unavailability before Application Control Center, Attention: Assistance (SF 424), the Department of granting you an extension. To request (CFDA Number 84.031M), LBJ Basement Education Supplemental Information for this extension or to confirm our Level 1, 400 Maryland Avenue, SW., SF 424, Budget Information—Non- acknowledgment of any system Washington, DC 20202–4260. Construction Programs (ED 524), and all unavailability, you may contact either necessary assurances and certifications. (1) the person listed elsewhere in this You must show proof of mailing You must attach any narrative sections notice under For Further Information consisting of one of the following: of your application as files in a .DOC Contact (see VII. Agency Contact) or (2) (1) A legibly dated U.S. Postal Service (document), .RTF (rich text), or .PDF the e-Grants help desk at 1–888–336– postmark. (Portable Document) format. If you 8930. If e-Application is unavailable (2) A legible mail receipt with the upload a file type other than the three due to technical problems with the date of mailing stamped by the U.S. file types specified in this paragraph or system and, therefore, the application Postal Service. submit a password protected file, we deadline is extended, an e-mail will be (3) A dated shipping label, invoice, or will not review that material. sent to all registered users who have receipt from a commercial carrier. • Your electronic application must initiated an e-Application. Extensions (4) Any other proof of mailing comply with any page limit referred to in this section apply only to acceptable to the Secretary of the U.S. requirements described in this notice. the unavailability of e-Application. Department of Education. • Prior to submitting your electronic Exception to Electronic Submission If you mail your application through application, you may wish to print a Requirement: You qualify for an the U.S. Postal Service, we do not copy of it for your records. exception to the electronic submission accept either of the following as proof • After you electronically submit requirement, and may submit your of mailing: your application, you will receive an application in paper format, if you are (1) A private metered postmark.

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(2) A mail receipt that is not dated by (iii) The extent to which specific gaps (ii) The extent to which the costs are the U.S. Postal Service. or weaknesses in services, reasonable in relation to the objectives, If your application is postmarked after infrastructure, or opportunities have design, and potential significance of the the application deadline date, we will been identified and will be addressed by proposed project. (2 points) not consider your application. the proposed project, including the (f) Quality of the management plan. Note: The U.S. Postal Service does not nature and magnitude of those gaps or (Maximum 20 points) In determining uniformly provide a dated postmark. Before weaknesses. (5 points) the quality of the management plan for relying on this method, you should check (b) Quality of the project design. the proposed project, the Secretary with your local post office. (Maximum 15 points) In determining considers: (i) The adequacy of the management c. Submission of Paper Applications the quality of the design of the proposed plan to achieve the objectives of the by Hand Delivery. project, the Secretary considers: proposed project on time and within If you qualify for an exception to the (i) The extent to which the goals, budget, including clearly defined electronic submission requirement, you objectives, and outcomes to be achieved responsibilities, timelines, and (or a courier service) may deliver your by the proposed project are clearly milestones for accomplishing project paper application to the Department by specified and measurable. (10 points) (ii) The extent to which the design of tasks. (10 points) hand. You must deliver the original and (ii) The adequacy of procedures for two copies of your application, by hand, the proposed project is appropriate to, and will successfully address, the needs ensuring feedback and continuous on or before the application deadline improvement in the operation of the date, to the Department at the following of the target population or other identified needs. (5 points) proposed project. (5 points) address: U.S. Department of Education, (iii) The adequacy of mechanisms for Application Control Center, Attention: (c) Quality of project services. (Maximum 15 points) In determining ensuring high-quality products and (CFDA Number 84.031M), 550 12th services from the proposed project. (5 Street, SW., Room 7041, Potomac Center the quality of the services to be provided by the proposed project, the points) Plaza, Washington, DC 20202–4260. The (g) Quality of the project evaluation. Secretary considers the quality and Application Control Center accepts (Maximum 15 points) In determining sufficiency of strategies for ensuring hand deliveries daily between 8:00 a.m. the quality of the evaluation, the equal access and treatment for eligible and 4:30:00 p.m., Washington, DC time, Secretary considers: except Saturdays, Sundays, and Federal project participants who are members of (i) The extent to which the methods holidays. groups that have traditionally been of evaluation are thorough, feasible, and underrepresented based on race, color, appropriate to the goals, objectives, and Note for Mail or Hand Delivery of Paper national origin, gender, age, or Applications: If you mail or hand deliver outcomes of the proposed project. (5 your application to the Department— disability. In addition, the Secretary points) (1) You must indicate on the envelope considers: (ii) The extent to which the methods and—if not provided by the Department—in (i) The extent to which the services to of evaluation include the use of Item 11 of the SF 424 the CFDA number, be provided by the proposed project are objective performance measures that are including suffix letter, if any, of the appropriate to the needs of the intended clearly related to the intended outcomes competition under which you are submitting recipients or beneficiaries of those your application; and of the project and will produce services. (10 points) quantitative and qualitative data to the (2) The Application Control Center will (ii) The extent to which the services mail to you a notification of receipt of your extent possible. (5 points) grant application. If you do not receive this to be provided by the proposed project (iii) The extent to which the methods grant notification within 15 business days reflect up-to-date knowledge from of evaluation will provide performance from the application deadline date, you research and effective practice. (5 feedback and permit periodic should call the U.S. Department of Education points) assessment of progress toward achieving Application Control Center at (202) 245– (d) Quality of project personnel. intended outcomes. (5 points) 6288. (Maximum 10 points) In determining 2. Review and Selection Process: the quality of project personnel, the Additional factors we consider in V. Application Review Information Secretary considers the extent to which selecting an application for an award are 1. Selection Criteria: The selection the applicant encourages applications as follows: criteria for this program are from section for employment from persons who are (a) Documentation. Applicants must 75.210 of EDGAR (34 CFR 75.210) and members of groups that have provide, as an attachment to the are as follows. Applicants must address traditionally been underrepresented application, the documentation the each of the selection criteria (separately based on race, color, national origin, institution relied upon in determining for each proposed activity). The total gender, age, or disability. In addition, that at least 25 percent of the weight of the selection criteria is 100 the Secretary considers: institution’s undergraduate FTE points; the weight of each criterion is (i) The qualifications, including students are Hispanic. noted in parentheses. relevant training and experience, of the Note: The 25 percent requirement applies (a) Need for project. (Maximum 20 project director or principal only to undergraduate Hispanic students and points) In determining the need for the investigator. (5 points) is calculated based upon FTE students. proposed project, the Secretary (ii) The qualifications, including Instructions for formatting and submitting considers: relevant training and experience, of key the verification documentation to e- (i) The magnitude of the need for the project personnel. (5 points) Application are in the application package services to be provided or the activities (e) Adequacy of resources. (Maximum for this competition. to be carried out by the proposed 5 points) In determining the adequacy of (b) Tie-breaker for Development project. (10 points) resources for the proposed project, the Grants. To resolve ties in the reader (ii) The extent to which the proposed Secretary considers: scores of applications for development project will focus on serving or (i) The extent to which the budget is grants, the Department will award one otherwise addressing the needs of adequate to support the proposed additional point to an application from disadvantaged individuals. (5 points) project. (3 points) an IHE that has an endowment fund for

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which the market value per FTE student the Applicable Regulations section of VII. Agency Contacts is less than the comparable average this notice and include these and other current market value of the endowment specific conditions in the GAN. The For Further Information Contact: Dr. funds per FTE student at similar type GAN also incorporates your approved Maria E. Carrington, U.S. Department of IHEs. In addition, to resolve ties in the application as part of your binding Education, 1990 K Street, NW., room reader scores of applications for PPHOA commitments under the grant. 6036, Washington, DC 20006–8513. development grants, the Department 3. Reporting: At the end of your Telephone: (202) 502–7548 or by e-mail: will award one additional point to an project period, you must submit a final [email protected]. application from an IHE that has performance report, including financial If you use a TDD, call the FRS, toll expenditures for library materials per information, as directed by the free, at 1–800–877–8339. FTE student that are less than the Secretary. If you receive a multi-year VIII. Other Information comparable average expenditures for award, you must submit an annual library materials per FTE student at performance report that provides the Accessible Format: Individuals with similar type IHEs. (34 CFR 606.23(a)(1) most current performance and financial disabilities can obtain this document and (2)). expenditure information as directed by and a copy of the application package in For the purpose of these funding the Secretary under 34 CFR 75.118. The an accessible format (e.g., braille, large considerations, we will use the most Secretary may also require more print, audiotape, or computer diskette) recent complete data available (e.g., for frequent performance reports under 34 on request to the program contact FY 2010, we will use 2008–2009 data). CFR 75.720(c). For specific person listed under For Further If a tie remains after applying the tie- requirements on reporting, please go to Information Contact in section VII of breaker mechanism above, priority will http://www.ed.gov/fund/grant/apply/ this notice. be given for Individual Development appforms/appforms.html. Electronic Access to This Document: Grants to applicants that have the 4. Performance Measures: The You can view this document, as well as lowest endowment values per FTE Secretary has established the following all other documents of this Department student. (34 CFR 606.23(b)(1)) (See Final key performance measures for assessing published in the Federal Register, in Requirements) the effectiveness of the PPOHA text or Adobe Portable Document Program: VI. Award Administration Information Format (PDF), on the Internet at the (a) The percentage change, over the following site: http://www.ed.gov/news/ 1. Award Notices: If your application five-year grant period, of the number of fedregister. To use PDF, you must have is successful, we notify your U.S. full-time degree-seeking graduate and Adobe Acrobat Reader, which is Representative and U.S. Senators and professional students enrolled at HSIs available free at this site. send you a Grant Award Notification currently receiving an award under this (GAN). We may notify you informally, program. Note: The official version of this document is the document published in the Federal also. (b) The percentage change, over the Register. Free Internet access to the official If your application is not evaluated or five-year grant period, of the number of edition of the Federal Register and the Code not selected for funding, we notify you. master’s, doctoral and first-professional of Federal Regulations is available on GPO 2. Administrative and National Policy degrees, and postbaccalaureate Access at: http://www.gpoaccess.gov/nara/ Requirements: We identify certificates awarded at HSIs currently index.html. administrative and national policy receiving an award under this program. requirements in the application package (c) Cost per successful outcome: Dated: July 21, 2010. and reference these and other Federal cost per master’s degree, Eduardo M. Ochoa, requirements in the Applicable doctoral and first-professional degree, Assistant Secretary for Postsecondary Regulations section of this notice. and postbaccalaureate certificate at HSIs Education. We reference the regulations outlining currently receiving an award under this [FR Doc. 2010–18355 Filed 7–26–10; 8:45 am] the terms and conditions of an award in program. BILLING CODE 4000–01–P

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Reader Aids Federal Register Vol. 75, No. 143 Tuesday, July 27, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 2 CFR 1430...... 41365 Executive orders and proclamations 741–6000 1455...... 39135 Ch. 58 ...... 41691 The United States Government Manual 741–6000 1720...... 42571 902...... 39443 4280...... 41695 Other Services 3186...... 39133 Proposed Rules: Electronic and on-line services (voice) 741–6020 3 CFR 701...... 41389 Privacy Act Compilation 741–6064 1221...... 41392 Public Laws Update Service (numbers, dates, etc.) 741–6043 Proclamations: 1429...... 41397 8539...... 38905 TTY for the deaf-and-hard-of-hearing 741–6086 1755...... 38042 8540...... 38911 8541...... 42279 ELECTRONIC RESEARCH 8 CFR Executive Orders: 274a...... 42575 World Wide Web 13546...... 39439 Full text of the daily Federal Register, CFR and other publications 13366 (revoked by is located at: http://www.gpoaccess.gov/nara/index.html 9 CFR 13547) ...... 43023 Federal Register information and research tools, including Public 13547...... 43023 102...... 40719 Inspection List, indexes, and links to GPO Access are located at: 103...... 40719 Administrative Orders: http://www.archives.gov/federallregister 104...... 40719 Memorandums: 108...... 40719 E-mail Memorandum of June 112...... 40719 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 28, 2010 ...... 38387 113...... 40719 an open e-mail service that provides subscribers with a digital Memorandum of June 114...... 40719 form of the Federal Register Table of Contents. The digital form 30, 2010 ...... 38913 116...... 40719 of the Federal Register Table of Contents includes HTML and Memorandum of July 124...... 40719 PDF links to the full text of each document. 13, 2010 ...... 41687 To join or leave, go to http://listserv.access.gpo.gov and select Memorandum of July 10 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 19, 2010 ...... 43029 (or change settings); then follow the instructions. Memorandum of July 9...... 41368 PENS (Public Law Electronic Notification Service) is an e-mail 21, 2010 ...... 43793 72...... 41369, 42292 service that notifies subscribers of recently enacted laws. Memorandum of July 430...... 42579 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 21, 2010 ...... 43795 431...... 37975 and select Join or leave the list (or change settings); then follow Memorandum of July 607...... 39443 the instructions. 21, 2010 ...... 43797 1703...... 39629 FEDREGTOC-L and PENS are mailing lists only. We cannot Notices: Proposed Rules: respond to specific inquiries. Notice of June 19, 30...... 43425, 43865 Reference questions. Send questions and comments about the 2010 ...... 42281 36...... 43865 Federal Register system to: [email protected] 37...... 40756 5 CFR The Federal Register staff cannot interpret specific documents or 39...... 43865 regulations. 1600...... 43799 40...... 43425, 43865 Reminders. Effective January 1, 2009, the Reminders, including 2425...... 42283 51...... 43865 Rules Going Into Effect and Comments Due Next Week, no longer 2429...... 42283 70...... 43425, 43865 appear in the Reader Aids section of the Federal Register. This 4401...... 42270 72...... 41404, 42339 73...... 42000 information can be found online at http://www.regulations.gov. Proposed Rules: 150...... 43865 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 532...... 39460 170...... 43425 longer appears in the Federal Register. This information can be 171...... 43425 found online at http://bookstore.gpo.gov/. 6 CFR Proposed Rules: 217...... 41405 5...... 39144 430 ...... 41102, 42611, 42612 FEDERAL REGISTER PAGES AND DATE, JULY 431...... 41102, 41103 37975–38390...... 1 43031–43394...... 23 7 CFR 1023...... 38042 38391–38692...... 2 2...... 43366 43395–43798...... 26 11 CFR 38693–38914...... 6 43799–44062...... 27 63...... 43031 38915–39132...... 7 205...... 38693 9004...... 43395 39133–39442...... 8 301...... 41073 39443–39628...... 9 760...... 41365 12 CFR 39629–39786...... 12 800...... 41693 Proposed Rules: 39787–40718...... 13 916...... 38696 615...... 39392 40719–41072...... 14 917...... 38696 1237...... 39462 41073–41364...... 15 920...... 43038 1777...... 39462 41365–41690...... 16 924...... 43039 41691–41962...... 19 946...... 43042 14 CFR 41963–42278...... 20 948...... 38698 13...... 41968 42279–42570...... 21 983...... 43045 25...... 38391 42571–43030...... 22 1413...... 41963 39 ...... 37990, 37991, 37994,

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37997, 38001, 38007, 38009, 274...... 42984 Proposed Rules: 111...... 39477, 41790 38011, 38014, 38017, 38019, 275...... 42984 9...... 43446 3050...... 39200 38394, 38397, 38404, 39143, 40...... 42659 3055...... 38757 39787, 39790, 39795, 39798, 18 CFR 41...... 42659 40 CFR 39801, 39803, 39804, 39811, 2...... 43400 44...... 42659 39814, 39818, 42585, 42589, 3b...... 43400 45...... 42659 52 ...... 38023, 38745, 39366, 42592, 43049, 43395, 43397, 4...... 43400 46...... 42659 39633, 39635, 40726, 41312, 43801, 43803, 43807, 43809 5...... 43400 43062, 43066 28 CFR 47...... 41968 8...... 43400 63...... 41991 71 ...... 38406, 39145, 39146, 9...... 43400 Proposed Rules: 81 ...... 39635, 41379, 43069 39147, 39148, 39149, 40719, 11...... 43400 35 ...... 43446, 43452, 43460 98...... 39736 41074, 41075, 41076, 41077, 16...... 43400 36 ...... 43452, 43460, 43467 180 ...... 38417, 39450, 39455, 41983, 41984, 41985, 43813, 40729, 40736, 40741, 40745, 24...... 43400 29 CFR 43814, 43815, 43816, 43817, 32...... 43400 40751, 42318, 42324, 43072, 43818 33...... 43400 2201...... 41370 43076 73 ...... 42598, 43398, 43399 34...... 43400 2550...... 41600 271...... 43409 77...... 42296 35...... 43400 2590...... 41726, 43330 300...... 43082 91...... 41968, 41986 38...... 43059 4022...... 41091 355...... 39852 97 ...... 39150, 39152, 42308, 39...... 43400 Proposed Rules: 370...... 39852 42310 40...... 43059 1910...... 38646 721...... 42330 121...... 39629 45...... 43400 1915...... 38646 Proposed Rules: 217...... 41580 46...... 43400 1917...... 38646 2...... 39094, 43889 234...... 41580, 42599 152...... 43400 1918...... 38646 52 ...... 38757, 40760, 40762, 241...... 41580 153...... 43400 1926...... 38646 42018, 42342, 42346, 42672, 248...... 41580 156...... 43400 1928...... 38646 43114, 43892 250...... 41580 157...... 43400 4003...... 42662 60...... 42676 291...... 41580 385...... 43400 4903...... 42662 63...... 42030, 42676 298...... 41580 388...... 43400 80...... 42238 385...... 41580 30 CFR 81 ...... 41421, 42018, 43114 Proposed Rules: 122...... 38068 Proposed Rules: 410...... 41106 Proposed Rules: 39 ...... 38052, 38056, 38058, 926...... 43476 123...... 38068 38061, 38064, 38066, 38941, 20 CFR 141...... 40926 31 CFR 142...... 40926 38943, 38945, 38947, 38950, 404...... 39154 38953, 38956, 39185, 39189, Ch. V...... 38212 152...... 38958 416...... 39154 191...... 41421 39192, 39472, 39863, 39869, 418...... 41084 Proposed Rules: 40757, 41104, 42340, 43092, 103...... 41788 194...... 41421 Proposed Rules: 43095, 43097, 43099, 43101, 257...... 41121 404...... 42639 43103, 43105, 43876, 43878, 33 CFR 261...... 41121 416...... 42639 43882 100 ...... 38408, 38710, 39161, 264...... 41121 265...... 41121 71 ...... 38753, 41772, 41773, 21 CFR 39445, 39448, 41373, 41987 41774, 42012, 42014, 42630, 117 ...... 38411, 38412, 38712 268...... 41121 271...... 41121, 43478 42631, 43884, 43885, 43886, 522...... 38699 165 ...... 38019, 38021, 38412, 300...... 42361, 43115 43887 573...... 41725 38415, 38714, 38716, 38718, 302...... 41121 91...... 39196, 42015 814...... 41986 38721, 38723, 38923, 38926, 403...... 38068 1310...... 38915 39163, 39166, 39632, 39839, 15 CFR 501...... 38068 23 CFR 40726, 41376, 41762, 41764, 503...... 38068 740...... 43819 41987, 42608, 43821, 43823 669...... 43405 745...... 38959 742...... 41078, 43819 Proposed Rules: 772...... 39820 774...... 41078 100...... 41119, 41789 41 CFR Proposed Rules: Proposed Rules: 165...... 38754, 39197 102-5...... 41994 922...... 40759 650...... 42643 34 CFR Proposed Rules: 16 CFR 24 CFR 60-741...... 43116 Proposed Rules: 102-38...... 40763 305...... 41696 5...... 41087 600...... 42190 1611...... 42311 84...... 41087 668...... 42190, 43616 42 CFR 85...... 41087 1630...... 42315 682...... 42190 423...... 38026 1631...... 42315 Proposed Rules: 36 CFR 447...... 38748 Proposed Rules: 3280...... 39871 457...... 38748 1218...... 42017 7...... 39168 26 CFR Proposed Rules: 1219...... 43308 Proposed Rules: 50...... 42362 1220...... 43308 1...... 38700 1192...... 43748 73...... 42363 1500...... 43308 53...... 38700 37 CFR 405...... 40040 1508...... 43107 54 ...... 38700, 41726, 43330 409...... 40040, 43236 1509...... 43107 301...... 38700 201...... 43825 410...... 40040 602...... 38700, 43330 Proposed Rules: 17 CFR 411...... 40040 Proposed Rules: 386...... 39891 413...... 40040 200...... 42270, 42599 54...... 41787, 43109 414...... 40040 38 CFR 275...... 41018 300...... 43110 415...... 40040 Proposed Rules: 3...... 39843, 41092 418...... 43236 16...... 41775 27 CFR 424...... 40040, 43236 39 CFR 38...... 42633 9...... 42601 484...... 43236 39...... 42633 40...... 42605 111...... 41989 488...... 39641 40...... 42633 41...... 42605 3050...... 38725 489...... 43236 240...... 42984 44...... 42605 3055...... 38725 242...... 39626 46...... 42605 Proposed Rules: 44 CFR 270...... 42984 71...... 42605 20...... 39475 64...... 38749

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67...... 43418 73...... 41123, 43897 516...... 41093 Proposed Rules: Proposed Rules: 90...... 38959 552...... 41093 105...... 43898 67...... 43479 101...... 38959 3002...... 41097 107...... 43898 3007...... 41097 171 ...... 42364, 43898, 43906 45 CFR 48 CFR 3009...... 41097 173...... 42364 147...... 41726, 43330 Ch. I...... 38674, 38691, 39414, 3016...... 41097 177...... 43906 301...... 38612 39420 3034...... 41097 231...... 38432 302...... 38612 2...... 38675, 38683 3035...... 41097 395...... 40765 303...... 38612 4 ...... 38675, 38683, 38684, 3052...... 41097 611...... 39492 305...... 38612 39414 Proposed Rules: 308...... 38612 7...... 38683 901...... 38042 50 CFR 614...... 40754 10...... 38683 902...... 38042 1186...... 39133 12...... 39414 903...... 38042 17 ...... 42490, 43844, 43853 Proposed Rules: 13...... 38683 904...... 38042 622...... 39638 94...... 42362 15...... 38675 906...... 38042 635...... 41995 160...... 40868 18...... 38683 907...... 38042 648 ...... 38935, 39170, 41996, 164...... 40868 19...... 38687 908...... 38042 43090 22...... 38689 909...... 38042 660 ...... 38030, 39178, 41383, 47 CFR 25...... 38689 911...... 38042 42610 1...... 41932 26...... 38683 914...... 38042 679 ...... 38430, 38936, 38937, 24...... 43088 31...... 38675 915...... 38042 38938, 38939, 38940, 39183, 27...... 43088 32...... 38675 916...... 38042 39638, 39639, 39861, 41999, 64...... 39859 42...... 38675, 39414 917...... 38042 42336, 42337, 42338, 43090 73 ...... 41092, 41093, 41932 45...... 38675 952...... 38042 Proposed Rules: 90...... 41381 52 ...... 38675, 38683, 38684, 16...... 38069 95...... 43423 38689, 39414, 43090 49 CFR 17 ...... 38441, 42033, 42040, 101...... 41932 205...... 40714 39...... 38878 42054, 42059 Proposed Rules: 210...... 40714 40...... 38422 216...... 38070 1...... 38959, 41338 212...... 40712 209...... 43840 300...... 38758 22...... 38959 216...... 40716 213...... 41282 679 ...... 38452, 38454, 39892, 24...... 38959 232...... 40712 237...... 41282 41123, 41424, 43118 27...... 38959 252...... 40712, 40717 387...... 38423 680...... 39892

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pamphlet) form from the S. 1508/P.L. 111–204 enacted public laws. To Superintendent of Documents, Improper Payments Elimination subscribe, go to http:// LIST OF PUBLIC LAWS U.S. Government Printing and Recovery Act of 2010 listserv.gsa.gov/archives/ (July 22, 2010; 124 Stat. This is a continuing list of Office, Washington, DC 20402 publaws-l.html 2224) public bills from the current (phone, 202–512–1808). The text will also be made H.R. 4213/P.L. 111–205 session of Congress which Note: This service is strictly available on the Internet from Unemployment Compensation have become Federal laws. It for E-mail notification of new GPO Access at http:// Extension Act of 2010 (July may be used in conjunction laws. The text of laws is not with ‘‘P L U S’’ (Public Laws www.gpoaccess.gov/plaws/ 22, 2010; 124 Stat. 2236) available through this service. Update Service) on 202–741– index.html. Some laws may Last List July 16, 2010 6043. This list is also not yet be available. PENS cannot respond to available online at http:// specific inquiries sent to this www.archives.gov/federal- Public Laws Electronic address. H.R. 4173/P.L. 111–203 register/laws.html. Notification Service The text of laws is not Dodd-Frank Wall Street (PENS) published in the Federal Reform and Consumer Register but may be ordered Protection Act (July 21, 2010; PENS is a free electronic mail in ‘‘slip law’’ (individual 124 Stat. 1376) notification service of newly

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