5–7–09 Thursday Vol. 74 No. 87 May 7, 2009
Pages 21245–21532
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Contents Federal Register Vol. 74, No. 87
Thursday, May 7, 2009
Advisory Council on Historic Preservation NOTICES See Historic Preservation, Advisory Council Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21332–21333 Agriculture Department Meetings: See Animal and Plant Health Inspection Service Defense Advisory Board for Employer Support of the See Natural Resources Conservation Service Guard and Reserve; Cancellation, 21333
Animal and Plant Health Inspection Service Education Department NOTICES NOTICES Changes to Quarantined Area; Update: Agency Information Collection Activities; Proposals, Pale Cyst Nematode, 21313–21314 Submissions, and Approvals, 21334–21335 Environmental Assessment, etc.: Demonstration and Training Programs––Braille Training Arundo donax, 21311–21312 Program, 21335–21338 Evaluation of Highly Pathogenic Avian Influenza Subtype Proposed Priorities for Rehabilitation Research Training H5N1 Status of Suffolk and Norfolk Counties in and Engineering Research Centers , 21338–21349 England, 21312–21313 Record of Decision: Employment and Training Administration Use of Genetically Engineered Fruit Fly and Pink NOTICES Bollworm in APHIS Plant Pest Control Programs, Adjustment Assistance; Applications, Determinations, etc. , 21314–21316 21405–21407 Termination of Investigation: Antitrust Division Aida America Corp., Dayton, OH, 21407 NOTICES ASML, Boise, ID, 21407–21408 National Cooperative Research and Production Act (1993): Cessna Aircraft, Formerly Columbia Aircraft, Bend, OR, American Society of Mechanical Engineers, 21402–21403 21408 Cooperative Research Group on Clean Diesel V, 21403 CME, LLC, Mt. Pleasant, MI, 21408 Conoco–Phillips, Ponca City, OK, 21408 Army Department Cummins Filtration, Findlay, OH, 21408 See Engineers Corps Daimler Trucks North America/Gastonia Components and NOTICES Logistics; Gastonia, NC, 21408 Agency Information Collection Activities; Proposals, Data Technology d/b/a Gerber Innovations, Inc., a Gerber Submissions, and Approvals, 21333 Scientific Co., Wilmington, MA, 21408 DHL Express, San Francisco, CA, 21409 Centers for Disease Control and Prevention Doranco, Inc., Mansfield, MA, 21409 NOTICES Ethan Allen Operations, Inc., Beecher Falls, VT, 21409 Agency Information Collection Activities; Proposals, Findlay Industries, Inc., Findlay and Springfield, OH, Submissions, and Approvals, 21369–21370 21409 Flabeg Corp., Brackenridge, PA, 21409 Children and Families Administration Ford Motor Co., Dearborn Truck Plant; Dearborn, MI, NOTICES 21409 Agency Information Collection Activities; Proposals, Greenkote IPC, St. Louis, MO, 21410 Submissions, and Approvals, 21370–21371 Johnstown Specialty Castings, Inc., Johnstown, PA, 21410 Maine Woods Co., Portage Lake, ME, 21410 Civil Rights Commission Maverick Tube LLC, D/B/A Texas Arai, Houston, TX, NOTICES 21410 Meetings; Sunshine Act, 21317 MEI LLC, Albany, OR, 21410 Neocork Technologies, Conover, NC, 21410 Commerce Department New Castle E Coating Plus, LLC, New Castle, IN, 21410– See International Trade Administration 21411 Orhan North America, Inc., Rochester Hills, MI, 21411 Commodity Futures Trading Commission Ortho Pharmaceutical, a Division of Janssen Ortho, LLC, PROPOSED RULES Manati, PR, 21411 Revised Adjusted Net Capital Requirements for Futures Philips Oral Healthcare, Snoqualmie, WA, 21411 Commission Merchants and Introducing Brokers, Pinehurst Manufacturing, Inc., Albemarle, NC, 21411 21290–21294 Prior Coated Metals, Inc., Allentown, PA, 21411 NOTICES Rockwell Automation, Inc., Engineered to Order Division, Meetings; Sunshine Act, 21332 Richland Center, WI, 21411 Trim Masters, Inc., Nicholasville, KY, 21412 Defense Department United Airlines, Inc., United Services Maintenance See Army Department Center, San Francisco, CA, 21412 See Engineers Corps Yazaki North America, Cantor, MI, 21412
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Energy Department Federal Election Commission See Federal Energy Regulatory Commission NOTICES Meetings; Sunshine Act, 21366 Engineers Corps NOTICES Federal Emergency Management Agency Environmental Impact Statements; Availability, etc.: RULES Rock Mining in the Lake Belt Region of Miami–Dade Changes in Flood Elevation Determinations, 21271–21272 County, FL (Lake Belt SEIS), 21333–21334 Suspensions of Community Eligibility, 21267–21271 Federal Energy Regulatory Commission Environmental Protection Agency NOTICES RULES Agency Information Collection Activities; Proposals, Pesticide Tolerances: Submissions, and Approvals, 21349–21351 Metconazole, 21260–21267 PROPOSED RULES Applications: Approval and Promulgation of Implementation Plans: Bison Pipeline LLC, 21351–21352 Ohio, 21295–21300 Green Island Power Authority, 21352–21353 NOTICES Combined Notice of Filings, 21353–21355 8-Hour Ozone Motor Vehicle Emission Budgets for Petitions To Amend: Transportation Conformity Purposes: El Paso Natural Gas Co., 21355–21356 Crittenden County, AR, 21356–21357 Draft EPA Region 4 National Pollutant Discharge Federal Mediation and Conciliation Service Elimination System General Permit for Stormwater NOTICES Discharges: Agency Information Collection Activities; Proposals, Construction Activities, 21357–21361 Submissions, and Approvals, 21366–21367 Draft Toxicological Review of 1,4–Dioxane: Support of the Summary Information in the Integrated Federal Motor Carrier Safety Administration Risk Information System (IRIS), 21361–21362 NOTICES Draft Toxicological Review of Pentachlorophenol: Qualification of Drivers; Exemption Applications: Support of the Summary Information in the Integrated Vision, 21427–21429 Risk Information System (IRIS), 21362–21363 Meetings: Federal Reserve System Small Drinking Water System Variances, etc., 21363– RULES 21364 Availability of Funds and Collection of Checks, 21245– 21246 NOTICES Executive Office of the President Formations of, Acquisitions by, and Mergers of Bank See Presidential Documents Holding Companies, 21367 See Trade Representative, Office of United States Fish and Wildlife Service Federal Aviation Administration PROPOSED RULES RULES Endangered and Threatened Wildlife and Plants: Airworthiness Directives: 90-Day Finding on a Petition To List the American Pika BAE Systems (Operations) Limited (Jetstream) Model as Threatened or Endangered with Critical Habitat, 4101 Airplanes, 21246–21249 21301–21310 Boeing Model 737–100, –200, –200C, –300, –400, and –500 Series Airplanes, 21251–21255 Food and Drug Administration Boeing Model 747 Airplanes, 21249–21251 NOTICES PROPOSED RULES Availability of Information Related to the Sentinel Airworthiness Directives: Initiative, 21371–21372 Airbus Model A310 203 and 222 Airplanes and Model A300 B4 620 Airplanes, 21274–21278 General Services Administration BAE Systems (Operations) Limited Model BAe 146 100A RULES and 146 200A Series Airplanes, 21281–21284 General Services Administration Acquisition Regulations: Boeing Model 737–300 and 737–400 Series Airplanes, Termination of Contracts, 21272–21273 21278–21281 NOTICES Boeing Model 777–200 Series Airplanes, 21284–21285 Privacy Act; Systems of Records, 21367–21368 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190 Airplanes, 21285–21287 Health and Human Services Department Repair Stations; Withdrawal, 21287–21290 See Centers for Disease Control and Prevention See Children and Families Administration Federal Communications Commission See Food and Drug Administration NOTICES See National Institutes of Health IP-Enabled Services: See Substance Abuse and Mental Health Services Access to Telecommunications Service, Administration Telecommunications Equipment and Customer NOTICES Premises Equipment by Persons with Disabilities, Meetings: etc., 21364–21366 National Vacine Advisory Committee, 21368–21369
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Historic Preservation, Advisory Council Maritime Administration NOTICES NOTICES Meetings: Requested Administrative Waiver of the Coastwise Trade Advisory Council on Historic Preservation, 21311 Laws: Belvedere Blue, 21429 Homeland Security Department See Federal Emergency Management Agency National Highway Traffic Safety Administration NOTICES Housing and Urban Development Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 21430–21431 Funding Availability for Fiscal Year 2009 Neighborhood Stabilization Program Technical Assistance, 21377 National Institutes of Health Funding Availability for the Neighborhood Stabilization NOTICES Program 2, etc. , 21377 Agency Information Collection Activities; Proposals, Funding Awards for Fiscal Year 2008; Housing Choice Submissions, and Approvals, 21372 Voucher Program, 21377–21383 Government-Owned Inventions; Availability for Licensing, Implementation of the Tax Credit Assistance Program 21372–21374 (TCAP); Availability, 21383 Meetings: Centers for Scientific Review, 21374 Interior Department Eunice Kennedy Shriver National Institute of Child See Fish and Wildlife Service Health and Human Development, 21375 National Institute of Neurological Disorders and Stroke, See National Park Service 21375 See Reclamation Bureau National Institute on Aging, 21375 Internal Revenue Service Office of the Director, National Institutes of Health, 21375–21376 RULES Allocation and Reporting of Mortgage Insurance Premiums, National Park Service 21256–21258 NOTICES Use of Actuarial Tables in Valuing Annuities, Interests for Intent to Repatriate Cultural Items: Life or Terms of Years, etc., 21438–21518 U.S. Department of Agriculture, Forest Service, Tongass PROPOSED RULES National Forest, Petersburg, AK, 21383–21384 Allocation and Reporting of Mortgage Insurance Premiums, Inventory Completion: 21295 Arizona State Museum, University of Arizona, Tucson, Use of Actuarial Tables in Valuing Annuities, Interests for AZ, 21384–21385 Life or Terms of Years, etc., 21519–21521 Bureau of Land Management, Spokane District Office, NOTICES Spokane, WA and Museum of Anthropology at Meetings: Washington State University, Pullman, WA, 21398– Taxpayer Advocacy Panel Joint Committee; Correction, 21399 21432 Chelan County Public Utility District, Wenatchee, WA and Museum of Anthropology at Washington State International Trade Administration University, Pullman, WA, 21391 NOTICES Colorado Historical Society, Denver, CO, 21385–21388, Antidumping: 21391–21397 Activated Carbon from the People’s Republic of China, Department of the Interior, Bureau of Indian Affairs, 21317–21330 Washington, DC and New York University College of Carbon and Certain Alloy Steel Wire Rod from Trinidad Dentistry, New York, NY , 21388 and Tobago, 21330–21331 Montclair Art Museum, Montclair, NJ, 21388–21389 Folding Metal Tables and Chairs from the People’s New York University College of Dentistry, New York, NY, Republic of China, 21332 21397 Polyethylene Retail Carrier Bags from the Socialist San Francisco State University, San Francisco, CA, 21398 Republic of Vietnam, 21331 Virginia Department of Conservation and Recreation, Division of State Parks, Richmond, VA, et al., 21389– Justice Department 21390 See Antitrust Division Warren Anatomical Museum, Harvard University, Boston, See Parole Commission MA, 21390–21391, 21399–21400 NOTICES Lodging of Consent Decree Under the Comprehensive Natural Resources Conservation Service Environmental Response, Compensation, and Liability NOTICES Act, 21402 Availability of Proposed Changes in the Virginia NRCS State Technical Guide for Review and Comment, Labor Department 21316–21317 See Employment and Training Administration NOTICES Nuclear Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 21403–21405 Agency Information Collection Activities; Proposals, Delegation of Authority and Assignment of Responsibilities Submissions, and Approvals, 21412 to the Employee Benefits Security Administration, Applications: 21524 Calvert Cliffs Nuclear Power Plant, Inc., 21413–21414
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Environmental Assessments, etc.: Surface Transportation Board Sigma–Aldrich Co., St. Louis, MO, 21414–21417 NOTICES Exemptions: Exemptions: Exelon Generation Co., LLC; Byron Station (Unit No. 2), Buckingham Branch Railroad Co.; Rail Line in Nottoway, 21418–21421 Lunenburg, Charlotte and Mecklenberg Counties, VA, Request to Amend A License for the Export of Radioactive 21431 Waste, 21421 Thrift Supervision Office Office of United States Trade Representative NOTICES See Trade Representative, Office of United States Appointment of Receiver: First Bank of Idaho, FSB, Ketchum, ID, 21432
Parole Commission Trade Representative, Office of United States NOTICES NOTICES Meetings; Sunshine Act, 21403 WTO Dispute Settlement Proceeding Regarding United States: Presidential Documents Certain Measures Affecting Imports of Poultry from PROCLAMATIONS China, 21421–21422 Special Observances: National Charter Schools Week (Proc. 8372), 21529– Transportation Department 21530 See Federal Aviation Administration Older Americans Month (Proc. 8371), 21525–21528 See Federal Motor Carrier Safety Administration ADMINISTRATIVE ORDERS See Maritime Administration Energy Independence and Security Act of 2007; Biofuels See National Highway Traffic Safety Administration and Rural Economic Development (Memorandum of See Surface Transportation Board May 5, 2009), 21531–21532 Treasury Department Reclamation Bureau See Internal Revenue Service NOTICES See Thrift Supervision Office Intent to Contract for Hydroelectric Power Development: NOTICES Carter Lake Dam Outlet, a feature of the Colorado–Big Agency Information Collection Activities; Proposals, Thompson Project (C–BTP), Colorado, 21400–21402 Submissions, and Approvals, 21431–21432
Veterans Affairs Department Securities and Exchange Commission RULES RULES Interactive Data for Mutual Fund Risk/Return Summary: Presumptive Service Connection for Disease Associated Correction, 21255–21256 With Exposure to Certain Herbicide Agents: NOTICES AL Amyloidosis, 21258–21260 Order of Suspension of Trading NOTICES Harvard Industries, Inc., et al. , 21423 Privacy Act; Systems of Records, 21432–21435 Roundtable on Short Selling Price Test Restrictions and Short Sale Circuit Breakers, 21423–21424 Self-Regulatory Organizations; Proposed Rule Changes: Separate Parts In This Issue NASDAQ OMX PHLX, Inc., 21424–21425 Part II Small Business Administration Treasury Department, Internal Revenue Service, 21438– NOTICES 21521 Action Subject to Intergovernmental Review (Under Executive Order 12372), 21425–21426 Part III Labor Department, 21524 State Department NOTICES Part IV Culturally Significant Objects Imported for Exhibition Presidential Documents, 21525–21532 Determinations: ‘In and Out of Amsterdam: Travels in Conceptual Art, 1960–1976’, 21426–21427 Reader Aids ‘Projects 90: Song Dong’, 21427 Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, Substance Abuse and Mental Health Services and notice of recently enacted public laws. Administration To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Agency Information Collection Activities; Proposals, archives, FEDREGTOC-L, Join or leave the list (or change Submissions, and Approvals, 21376–21377 settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 8371...... 21527 8372...... 21529 Administrative Orders: Memorandums: Memorandum of May 5, 2009 ...... 21531 12 CFR 229...... 21245 14 CFR 39 (4 documents) ...... 21246, 21249, 21251, 21254 Proposed Rules: 39 (5 documents) ...... 21274, 21278, 21281, 21284, 21285 145...... 21287 17 CFR 230...... 21255 232...... 21255 239...... 21255 274...... 21255 Proposed Rules: 1...... 21290 26 CFR 1 (2 documents) ...... 21256, 21438 20...... 21438 25...... 21438 Proposed Rules: 1 (2 documents) ...... 21295, 21519 20...... 21519 25...... 21519 38 CFR 3...... 21258 40 CFR 180...... 21260 Proposed Rules: 52...... 21295 44 CFR 64...... 21267 65...... 21271 48 CFR 501...... 21272 549...... 21272 552...... 21272 50 CFR Proposed Rules: 17...... 21301
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Rules and Regulations Federal Register Vol. 74, No. 87
Thursday, May 7, 2009
This section of the FEDERAL REGISTER (202/452–3900), Legal Division. For the Board is amending the list of routing contains regulatory documents having general users of Telecommunications Devices symbols in appendix A associated with applicability and legal effect, most of which for the Deaf (TDD) only, contact 202/ the Federal Reserve Bank of San are keyed to and codified in the Code of 263–4869. Francisco to reflect the transfer of Federal Regulations, which is published under check-processing operations from the 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: Regulation CC establishes the maximum period a Seattle branch office to the Los Angeles The Code of Federal Regulations is sold by depositary bank may wait between branch office. The Board is also the Superintendent of Documents. Prices of receiving a deposit and making the amending the lists of routing symbols in new books are listed in the first FEDERAL deposited funds available for appendix A associated with the Federal REGISTER issue of each week. withdrawal.1 A depositary bank Reserve Banks of Kansas City, Dallas, generally must provide faster and San Francisco to reflect the transfer availability for funds deposited by a of check-processing operations from the FEDERAL RESERVE SYSTEM ‘‘local check’’ than by a ‘‘nonlocal Denver branch office to the Los Angeles check.’’ A check is considered local if it branch office and the Dallas head office. 12 CFR Part 229 is payable by or at or through a bank Specifically, the Denver branch office [Regulation CC; Docket No. R–1355] located in the same Federal Reserve routing symbols formerly associated check-processing region as the with the Salt Lake City branch office Availability of Funds and Collection of depositary bank. (1240, 1241, 1242, 1243, 3240, 3241, Checks Appendix A to Regulation CC 3242, 3243) will be listed under the Los contains a routing number guide that Angeles branch office, and the AGENCY: Board of Governors of the remainder of the Denver branch office Federal Reserve System. assists banks in identifying local and nonlocal banks and thereby determining routing symbols, including the routing ACTION: Final rule; technical the maximum permissible hold periods symbols formerly associated with the amendment. for most deposited checks. The Helena branch office (0920, 0921, 0929, SUMMARY: The Board of Governors appendix includes a list of each Federal 2920, 2921, 2929, 1020, 1021, 1022, (Board) is amending the routing number Reserve check-processing office and the 1023, 1070, 3020, 3021, 3022, 3023, guide to next-day availability checks first four digits of the routing number, 3070), will be listed under the Dallas and local checks in Regulation CC to known as the Federal Reserve routing head office. To coincide with the delete the reference to the Seattle symbol, of each bank that is served by effective date of the underlying check- branch office of the Federal Reserve that office for check-processing processing changes, the amendments to Bank of San Francisco and to reassign purposes. Banks whose Federal Reserve appendix A regarding the transfer of the Federal Reserve routing symbols routing symbols are grouped under the check-processing operations from currently listed under that office to the same office are in the same check- Seattle to Los Angeles are effective June Los Angeles branch office of the Federal processing region and thus are local to 20, 2009. The amendments to the Reserve Bank of San Francisco. The one another. appendix regarding the transfer of Board is also amending the routing On June 20, 2009, the Reserve Banks check-processing operations from number guide to delete the reference to will transfer the check-processing Denver to Los Angeles and Dallas are the Denver branch office of the Federal operations of the Seattle branch office of effective June 27, 2009. The Board is Reserve Bank of Kansas City and to the Federal Reserve Bank of San providing notice of the amendments at reassign the routing symbols currently Francisco to the Los Angeles branch this time to give affected banks ample listed under that office to the Los office of the Federal Reserve Bank of time to make any needed processing Angeles branch office of the Federal San Francisco. On June 27, 2009, the changes. Early notice also will enable Reserve Bank of San Francisco and to Reserve Banks will transfer the check- affected banks to amend their the head office of the Federal Reserve processing operations of the Denver availability schedules and related Bank of Dallas. These amendments branch office of the Federal Reserve disclosures if necessary and provide reflect the restructuring of check- Bank of Kansas City to the Los Angeles their customers with notice of these processing operations within the branch office of the Federal Reserve changes.2 Federal Reserve System. Bank of San Francisco and to the head Administrative Procedure Act DATES: The effective date for office of the Federal Reserve Bank of amendatory instruction 2, amending 12 Dallas. As a result of these changes, The Board has not followed the CFR Part 229 Appendix A is June 20, some checks that are drawn on and provisions of 5 U.S.C. 553(b) relating to 2009, and the effective date for deposited at banks located in the notice and public participation in amendatory instruction 3, further affected check-processing regions and connection with the adoption of the amending 12 CFR Part 229 Appendix A that currently are nonlocal checks will final rule. The revisions to appendix A is June 27, 2009. become local checks subject to faster are technical in nature and are required FOR FURTHER INFORMATION CONTACT: availability schedules. To assist banks by the statutory and regulatory Jeffrey S. H. Yeganeh, Financial Services in identifying local and nonlocal checks definitions of ‘‘check-processing Manager (202/728–5801), or Joseph P. and making funds availability decisions, region.’’ Because there is no substantive Baressi, Financial Services Project 1 For purposes of Regulation CC, the term ‘‘bank’’ 2 Section 229.18(e) of Regulation CC requires that Leader (202/452–3959), Division of refers to any depository institution, including banks notify account holders who are consumers Reserve Bank Operations and Payment commercial banks, savings institutions, and credit within 30 days after implementing a change that Systems; or Dena L. Milligan, Attorney unions. improves the availability of funds.
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change on which to seek public input, Appendix A to Part 229—Routing 1211 3211 the Board has determined that the Number Guide to Next-Day Availability 1212 3212 § 553(b) notice and comment procedures Checks and Local Checks 1213 3213 1220 3220 are unnecessary. In addition, the * * * * * underlying consolidation of Federal 1221 3221 Twelfth Federal Reserve District 1222 3222 Reserve Bank check-processing offices 1223 3223 involves a matter relating to agency [Federal Reserve Bank of San Francisco] 1224 3224 management, which is exempt from Los Angeles Branch 1230 3230 notice and comment procedures. 1210 3210 1231 3231 1232 3232 Paperwork Reduction Act 1211 3211 1212 3212 1233 3233 1240 3240 In accordance with the Paperwork 1213 3213 1220 3220 1241 3241 Reduction Act of 1995 (44 U.S.C. 3506; 1242 3242 5 CFR 1320 Appendix A.1), the Board 1221 3221 1222 3222 1243 3243 has reviewed the final rule under 1223 3223 1250 3250 authority delegated to the Board by the 1224 3224 1251 3251 Office of Management and Budget. The 1230 3230 1252 3252 technical amendments to appendix A of 1231 3231 * * * * * Regulation CC will (i) delete the 1232 3232 reference to the Seattle branch office of 1233 3233 By order of the Board of Governors of the Federal Reserve System, May 1, 2009. the Federal Reserve Bank of San 1250 3250 Francisco and reassign the routing 1251 3251 Jennifer J. Johnson, 1252 3252 symbols listed under that office to the Secretary of the Board. Los Angeles branch office of the Federal * * * * * [FR Doc. E9–10507 Filed 5–6–09; 8:45 am] Reserve Bank of San Francisco, and (ii) ■ 3. Effective June 27, 2009, the Tenth, BILLING CODE 6210–01–P delete the reference to the Denver Eleventh, and Twelfth District routing branch office of the Federal Reserve symbol lists in appendix A are amended Bank of Kansas City and reassign the by removing the headings and listings DEPARTMENT OF TRANSPORTATION routing symbols listed under that office for the Tenth Federal Reserve District to the Los Angeles branch office of the and revising the listings for the Eleventh Federal Aviation Administration Federal Reserve Bank of San Francisco and Twelfth Federal Reserve Districts to and to the head office of the Federal read as follows: 14 CFR Part 39 Reserve Bank of Dallas. The depository * * * * * [Docket No. FAA–2008–1214; Directorate institutions that are located in the Identifier 2007–NM–259–AD; Amendment affected check-processing regions and Eleventh Federal Reserve District 39–15897; AD 2009–10–02] that include the routing numbers in [Federal Reserve Bank of Dallas] their disclosure statements would be RIN 2120–AA64 Head Office required to notify customers of the Airworthiness Directives; BAE resulting change in availability under 0920 2920 0921 2921 Systems (Operations) Limited § 229.18(e). However, all paperwork (Jetstream) Model 4101 Airplanes collection procedures associated with 0929 2929 1010 3010 Regulation CC already are in place, and AGENCY: 1011 3011 Federal Aviation the Board accordingly anticipates that 1012 3012 Administration (FAA), Department of no additional burden will be imposed as 1019 3019 Transportation (DOT). a result of this rulemaking. 1020 3020 ACTION: Final rule. 1021 3021 List of Subjects in 12 CFR Part 229 1022 3022 SUMMARY: The FAA is superseding an Banks, Banking, Reporting and 1023 3023 existing airworthiness directive (AD), 1030 3030 recordkeeping requirements. which applies to all BAE Systems 1031 3031 (Operations) Limited (Jetstream) Model Authority and Issuance 1039 3039 4101 airplanes. That AD currently 1070 3070 requires operators to determine the ■ For the reasons set forth in the 1110 3110 1111 3111 number of flight cycles accumulated on preamble, the Board is amending 12 1113 3113 each component of the main landing CFR part 229 to read as follows: 1119 3119 gear (MLG) and the nose landing gear 1120 3120 (NLG), and to replace each component PART 229—AVAILABILITY OF FUNDS 1122 3122 that reaches its life limit with a AND COLLECTION OF CHECKS 1123 3123 serviceable component. The existing AD (REGULATION CC) 1130 3130 also requires operators to revise the 1131 3131 Airworthiness Limitations (AWL) ■ 1140 3140 1. The authority citation for part 229 section of the Instructions for Continued continues to read as follows: 1149 3149 1163 3163 Airworthiness (ICA) in the aircraft Authority: 12 U.S.C. 4001–4010, 12 U.S.C. maintenance manual to reflect the new 5001–5018. Twelfth Federal Reserve District life limits for structurally significant [Federal Reserve Bank of San Francisco] items. This new AD requires a new ■ 2. Effective June 20, 2009, the Twelfth revision of the AWL section of the ICA District routing symbol list in appendix Los Angeles Branch to incorporate revised life limits for A is revised to read as follows: 1210 3210 structurally significant items,
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operational and functional tests of www.regulations.gov; or in person at the main landing gear and the nose landing certain systems, and instructions to Docket Management Facility between 9 gear, and to replace each component retain critical ignition source prevention a.m. and 5 p.m., Monday through that reaches its life limit with a features during configuration changes. Friday, except Federal holidays. The AD serviceable component. That NPRM also This AD results from mandatory docket contains this AD, the regulatory proposed to continue to require continuing airworthiness information evaluation, any comments received, and operators to revise the Airworthiness (MCAI) originated by an aviation other information. The address for the Limitations (AWL) section of the authority of another country. We are Docket Office (telephone 800–647–5527) Instructions for Continued issuing this AD to prevent failure of is the Document Management Facility, Airworthiness (ICA) in the aircraft certain structurally significant items, U.S. Department of Transportation, maintenance manual to reflect the new including the MLG and the NLG, which Docket Operations, M–30, West life limits for structurally significant could result in reduced structural Building Ground Floor, Room W12–140, items. That NPRM also proposed to integrity of the airplane; and to prevent 1200 New Jersey Avenue, SE., require a new revision of the AWL fuel vapor ignition sources, which could Washington, DC 20590. section of the ICA to incorporate revised result in fuel tank explosion and FOR FURTHER INFORMATION CONTACT: life limits for structurally significant consequent loss of the airplane. Todd Thompson, Aerospace Engineer, items, operational and functional tests DATES: This AD becomes effective June International Branch, ANM–116, of certain systems, and instructions to 11, 2009. Transport Airplane Directorate, FAA, retain critical ignition source prevention The Director of the Federal Register 1601 Lind Avenue, SW., Renton, features during configuration changes. approved the incorporation by reference Washington 98057–3356; telephone of a certain publication listed in the AD Comments (425) 227–1175; fax (425) 227–1149. as of June 11, 2009. SUPPLEMENTARY INFORMATION: We provided the public the The Director of the Federal Register opportunity to participate in the approved the incorporation by reference Discussion development of this AD. No comments of certain other publications as of have been received on the NPRM or on October 26, 2005 (70 FR 55230, The FAA issued a notice of proposed the determination of the cost to the September 21, 2005). rulemaking (NPRM) to amend 14 CFR public. ADDRESSES: For service information part 39 to include an AD that identified in this AD, contact BAE supersedes AD 2005–19–15, amendment Conclusion Systems Regional Aircraft, 13850 39–14280 (70 FR 55230, September 21, McLearen Road, Herndon, Virginia 2005). The existing AD applies to all We have carefully reviewed the 20171; telephone 703–736–1080; e-mail BAE Systems (Operations) Limited available data and determined that air [email protected]; Internet (Jetstream) Model 4101 airplanes. That safety and the public interest require http://www.baesystems.com/Businesses/ NPRM was published in the Federal adopting the AD as proposed. RegionalAircraft/index.htm. Register on November 17, 2008 (73 FR Costs of Compliance 67817). That NPRM proposed to Examining the AD Docket continue to require operators to The following table provides the You may examine the AD docket on determine the number of flight cycles estimated costs for U.S. operators to the Internet at http:// accumulated on each component of the comply with this AD.
ESTIMATED COSTS
Number of Action Work hour Average labor Cost per U.S.-registered Fleet cost rate per hour airplane airplanes
AWL revision (required by AD 2005–19–15) ...... 1 $80 $80 3 $240 AWL revision (new action) ...... 1 80 80 3 240
Authority for This Rulemaking is within the scope of that authority (1) Is not a ‘‘significant regulatory Title 49 of the United States Code because it addresses an unsafe condition action’’ under Executive Order 12866; specifies the FAA’s authority to issue that is likely to exist or develop on (2) Is not a ‘‘significant rule’’ under rules on aviation safety. Subtitle I, products identified in this rulemaking DOT Regulatory Policies and Procedures Section 106, describes the authority of action. (44 FR 11034, February 26, 1979); and the FAA Administrator. Subtitle VII, Regulatory Findings (3) Will not have a significant Aviation Programs, describes in more economic impact, positive or negative, detail the scope of the Agency’s We have determined that this AD will on a substantial number of small entities authority. not have federalism implications under We are issuing this rulemaking under under the criteria of the Regulatory Executive Order 13132. This AD will Flexibility Act. the authority described in Subtitle VII, not have a substantial direct effect on Part A, Subpart III, Section 44701, the States, on the relationship between We prepared a regulatory evaluation ‘‘General requirements.’’ Under that the national government and the States, of the estimated costs to comply with section, Congress charges the FAA with or on the distribution of power and this AD and placed it in the AD docket. promoting safe flight of civil aircraft in responsibilities among the various See the ADDRESSES section for a location air commerce by prescribing regulations levels of government. to examine the regulatory evaluation. for practices, methods, and procedures the Administrator finds necessary for For the reasons discussed above, I safety in air commerce. This regulation certify that this AD:
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List of Subjects in 14 CFR Part 39 originated by an aviation authority of another AMM, Revision 31, dated February 15, 2009. country. We are issuing this AD to prevent Thereafter, except as provided in paragraph Air transportation, Aircraft, Aviation failure of certain structurally significant (i) of this AD, no alternative replacement safety, Incorporation by reference, items, including the main landing gear and times or inspection intervals may be Safety. the nose landing gear, which could result in approved for any affected component. The reduced structural integrity of the airplane; Adoption of the Amendment revised Chapter 05–10–10 replaces the and to prevent fuel vapor ignition sources, corresponding chapter specified in paragraph which could result in fuel tank explosion and ■ Accordingly, under the authority (f) of this AD. consequent loss of the airplane. delegated to me by the Administrator, (h) Where paragraph 2.A.(2) of Subject 05– the FAA amends 14 CFR part 39 as Compliance 10–10 of the BAE Systems (Operations) follows: (e) You are responsible for having the Limited Jetstream Series 4100 AMM, actions required by this AD performed within Revision 31, dated February 15, 2009, PART 39—AIRWORTHINESS the compliance times specified, unless the specifies that certain landing gear units DIRECTIVES actions have already been done. ‘‘must be removed before 31st March 2008,’’ this AD requires compliance within 60 days ■ 1. The authority citation for part 39 Certain Requirement of AD 2005–19–15: after the effective date of this AD. continues to read as follows: Revise Aircraft Maintenance Manual (AMM) Alternative Methods of Compliance Authority: 49 U.S.C. 106(g), 40113, 44701. (f) Within 30 days after October 26, 2005 (the effective date of AD 2005–19–15): Revise (AMOCs) § 39.13 [Amended] the Airworthiness Limitations (AWL) section (i) The Manager, International Branch, ■ 2. The Federal Aviation of the Instructions for Continued ANM–116, Transport Airplane Directorate, Airworthiness of the BAE Systems Administration (FAA) amends § 39.13 FAA, has the authority to approve AMOCs (Operations) Limited J41 AMM to include the for this AD, if requested using the procedures by removing amendment 39–14280 (70 life limits of the components listed in found in 14 CFR 39.19. Send information to FR 55230, September 21, 2005) and by Chapter 05–10–10, Airworthiness ATTN: Todd Thompson, Aerospace adding the following new airworthiness Limitations—Description and Operation Engineer, International Branch, ANM–116, directive (AD): Section, Revision 23, dated February 15, Transport Airplane Directorate, FAA, 1601 2005, of the AMM. This may be 2009–10–02 BAE Systems (Operations) Lind Avenue, SW., Renton, Washington accomplished by inserting a copy into the Limited (Formerly British Aerospace 98057–3356; telephone (425) 227–1175; fax AWL section of the Instructions for Regional Aircraft): Amendment 39– (425) 227–1149. Before using any approved Continued Airworthiness. Thereafter, except 15897. Docket No. FAA–2008–1214; AMOC on any airplane to which the AMOC as provided in paragraph (i) of this AD, no Directorate Identifier 2007–NM–259–AD. applies, notify your appropriate principal alternative replacement times may be Effective Date approved for any affected component. inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your (a) This AD becomes effective June 11, New Requirements of This AD: Revise AWL local FSDO. 2009. Section of Instructions for Continued Related Information Affected ADs Airworthiness (j) European Aviation Safety Agency (b) This AD supersedes AD 2005–19–15. (g) Within 90 days after the effective date of this AD: Revise the AWL section of the airworthiness directive 2008–0094, dated Applicability Instructions for Continued Airworthiness by May 16, 2008, also addresses the subject of (c) This AD applies to all BAE Systems incorporating the instructions of Subjects 05– this AD. 10–10, ‘‘Airworthiness Limitations,’’ 05–10– (Operations) Limited Model Jetstream 4101 Material Incorporated by Reference airplanes, certificated in any category. 20, ‘‘Certification Maintenance Requirements,’’ and 05–10–30, ‘‘Critical (k) You must use the service information Unsafe Condition Design Configuration Control Limitations contained in Table 1 of this AD to do the (d) This AD results from mandatory (CDCCL)—Fuel System’’ of the BAE Systems actions required by this AD, unless the AD continuing airworthiness information (MCAI) (Operations) Limited Jetstream Series 4100 specifies otherwise.
TABLE 1—ALL MATERIAL INCORPORATED BY REFERENCE
Document Revision Date
BAE Systems (Operations) Limited J41 (AMM) ...... 23 ...... February 15, 2005. Subject 05–10–10 of the BAE Systems (Operations) Limited Jetstream Series 4100 AMM ...... 31 ...... February 15, 2009. Subject 05–10–20 of the BAE Systems (Operations) Limited Jetstream Series 4100 AMM ...... 31 ...... February 15, 2009. Subject 05–10–30 of the BAE Systems (Operations) Limited Jetstream Series 4100 AMM ...... 31 ...... February 15, 2009.
Chapter 05 of the BAE Systems (Operations) Limited Jetstream Series 4100 AMM contains the following effective pages:
TABLE 2—EFFECTIVE PAGES OF CHAPTER 05 [List of effective pages]
Date shown Page title/description Page number(s) Revision number on page(s)
AMM Title Page ...... None shown ...... Not shown on page* .. February 15, 2009
AMM Publications Transmittal
1 ...... 31 ...... February 15, 2009. 2–3 ...... Not shown on page* .. February 15, 2009.
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TABLE 2—EFFECTIVE PAGES OF CHAPTER 05—Continued [List of effective pages]
Date shown Page title/description Page number(s) Revision number on page(s)
Chapter 05 Airworthiness Limitations List of Effective Pages 1–2 ...... Not shown on page* .. February 15, 2009.
Subject 05–10–10: Airworthiness Limitations
1–4 ...... Not shown on page* .. September 15, 2004. 5 ...... Not shown on page* .. February 15, 2006. 6–10 ...... Not shown on page* .. February 15, 2005. 12, 16, 18–40, 45 ...... Not shown on page* .. February 15, 2009. 11, 13–15, 17, 41-44, 46, 47 ...... Not shown on page* .. February 15, 2007.
Subject 05–10–20: Certification Maintenance Requirements
1, 5 ...... Not shown on page* .. December 1, 1997. 2–3 ...... Not shown on page* .. September 15, 2004. 4 ...... Not shown on page* .. October 15, 1999.
Subject 05–10–30: Critical Design Configuration Control Limitations (CDCCL)—Fuel System
1–2 ...... Not shown on page* .. February 15, 2008. *Page 1 of the Publications Transmittal of the BAE Systems (Operations) Limited Jetstream Series 4100 AMM is the only page that shows the revision level of this document.
(1) The Director of the Federal Register DEPARTMENT OF TRANSPORTATION ADDRESSES: For service information approved the incorporation by reference of identified in this AD, contact Boeing Subject 05–10–10, Subject 05–10–20, and Federal Aviation Administration Commercial Airplanes, Attention: Data Subject 05–10–30 of the BAE Systems & Services Management, P.O. Box 3707, (Operations) Limited Jetstream Series 4100 14 CFR Part 39 MC 2H–65, Seattle, Washington 98124– AMM, Revision 31, dated February 15, 2009, 2207; telephone 206–544–5000, under 5 U.S.C. 552(a) and 1 CFR part 51. [Docket No. FAA–2008–1239; Directorate extension 1; fax 206–766–5680; e-mail (2) The Director of the Federal Register Identifier 2008–NM–131–AD; Amendment [email protected]; Internet 39–15894; AD 2009–09–08] previously approved the incorporation by https://www.myboeingfleet.com. reference of the BAE Systems (Operations) RIN 2120–AA64 Limited J41 AMM, Revision 23, dated Examining the AD Docket February 15, 2005, on October 26, 2005 (70 Airworthiness Directives; Boeing You may examine the AD docket on FR 55230, September 21, 2005). Model 747 Airplanes the Internet at http:// (3) For service information identified in www.regulations.gov; or in person at the this AD, contact BAE Systems Regional AGENCY: Federal Aviation Docket Management Facility between 9 Aircraft, 13850 McLearen Road, Herndon, Administration (FAA), DOT. a.m. and 5 p.m., Monday through Virginia 20171; telephone 703–736–1080; e- ACTION: Final rule. Friday, except Federal holidays. The AD mail [email protected]; Internet docket contains this AD, the regulatory http://www.baesystems.com/Businesses/ SUMMARY: We are adopting a new evaluation, any comments received, and RegionalAircraft/index.htm. airworthiness directive (AD) for certain other information. The address for the (4) You may review copies of the service Boeing Model 747 airplanes. This AD Docket Office (telephone 800–647–5527) information at the FAA, Transport Airplane requires repetitive external surface high is the Document Management Facility, Directorate, 1601 Lind Avenue, SW., Renton, frequency eddy current inspections to U.S. Department of Transportation, Washington. For information on the detect cracks in the radius detail of the Docket Operations, M–30, West availability of this material at the FAA, call upper lobe doubler on both sides of the Building Ground Floor, Room W12–140, 425–227–1221 or 425–227–1152. airplane, and applicable corrective 1200 New Jersey Avenue, SE., (5) You may also review copies of the action. This AD results from reports of Washington, DC 20590. service information that is incorporated by cracks in the radius detail of the upper FOR FURTHER INFORMATION CONTACT: Ivan reference at the National Archives and lobe doublers. We are issuing this AD to Records Administration (NARA). For Li, Aerospace Engineer, Airframe detect and correct cracks in the upper Branch, ANM–120S, FAA, Seattle information on the availability of this lobe doublers. Such cracks could result material at NARA, call 202–741–6030, or go Aircraft Certification Office, 1601 Lind in significant degradation of the fuselage to: http://www.archives.gov/federal_register/ Avenue, SW., Renton, Washington structure and reduce its ability to carry code_of_federal_regulations/ 98057–3356; telephone (425) 917–6437; ibr_locations.html. flight loads from the vertical stabilizer, fax (425) 917–6590. which could adversely affect the SUPPLEMENTARY INFORMATION: Issued in Renton, Washington, on April 27, controllability of the airplane. 2009. DATES: This AD is effective June 11, Discussion Stephen P. Boyd, 2009. We issued a notice of proposed Acting Manager, Transport Airplane The Director of the Federal Register rulemaking (NPRM) to amend 14 CFR Directorate, Aircraft Certification Service. approved the incorporation by reference part 39 to include an airworthiness [FR Doc. E9–10425 Filed 5–6–09; 8:45 am] of a certain publication listed in the AD directive (AD) that would apply to BILLING CODE 4910–13–P as of June 11, 2009. certain Boeing Model 747 airplanes.
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That NPRM was published in the STA 2521.’’ The existing text is a will not increase the economic burden Federal Register on November 26, 2008 typographical error in ‘‘Part 3— on any operator or increase the scope of (73 FR 71963). That NPRM proposed to Restoration’’ of the Work Instructions of the AD. require repetitive external surface high Boeing Alert Service Bulletin 747– frequency eddy current (HFEC) 53A2651, dated June 12, 2008, and it is Costs of Compliance inspections to detect cracks in the related to the location of a sealant We estimate that this AD will affect radius detail of the upper lobe doubler application. The service bulletin does 164 airplanes of U.S. registry. We also on both sides of the airplane, and define the inspection area as ‘‘between estimate that it will take 9 work-hours applicable corrective action. STA 2491 and STA 2521’’ in the Action per product to comply with this AD. paragraph and the service bulletin The average labor rate is $80 per work- Comments shows the same area to be inspected in hour. Based on these figures, we We gave the public the opportunity to the figures. It is Boeing’s intent in the estimate the cost of this AD to the U.S. participate in developing this AD. We service bulletin to apply sealant to the operators to be $118,080, or $720 per considered the comments received from inspected area. We have clarified this product, per inspection cycle. the two commenters. issue by adding a new paragraph (g) to Support for Proposed AD this final rule and re-identified Authority for This Rulemaking subsequent paragraphs accordingly. Boeing concurs with the contents of Title 49 of the United States Code the proposed AD. Northwest Airlines Request To Change Work Hours specifies the FAA’s authority to issue (NWA) has no technical objection to the NWA requests that we change the rules on aviation safety. Subtitle I, initial and repetitive HFEC inspections work-hour estimate provided in the section 106, describes the authority of and corrective actions specified in the proposed AD to include the time to the FAA Administrator. ‘‘Subtitle VII: proposed AD. remove and restore the sealant—for a Aviation Programs,’’ describes in more total of 25 work hours. Request To Include Service Bulletin detail the scope of the Agency’s We disagree. The cost information authority. Information Notice describes only the direct costs of the We are issuing this rulemaking under NWA requests that the information in specific actions required by this AD. the authority described in ‘‘Subtitle VII, Boeing Service Bulletin Information Based on the best data available, the Part A, Subpart III, Section 44701: Notice (IN) 747–53A2651 IN 01, dated manufacturer provided the number of General requirements.’’ Under that November 6, 2008, be acknowledged work hours necessary to do the required section, Congress charges the FAA with and accounted for in the final rule. actions. This number represents the promoting safe flight of civil aircraft in We partially agree. Changes to Boeing time necessary to perform only the air commerce by prescribing regulations Alert Service Bulletin 747–53A2651, actions actually required by this AD. dated June 12, 2008, are discussed Removing the sealant is addressed in for practices, methods, and procedures below, along with our response to the paragraph 3.B. ‘‘Part 1—Access,’’ of the Administrator finds necessary for commenter about these changes. Boeing Alert Service Bulletin 747– safety in air commerce. This regulation • The IN notes that in Figures 1 and 53A2651, dated June 12, 2008, and is within the scope of that authority 2, footnote (b), of Boeing Alert Service restoration of the sealant is addressed in because it addresses an unsafe condition Bulletin 747–53A2651, dated June 12, paragraph 3.B. ‘‘Part 3—Restoration,’’ in that is likely to exist or develop on 2008, the existing probe part number the Work Instructions of the service products identified in this rulemaking ‘‘MMP950–50’’ should be ‘‘MMP905– bulletin. We recognize that, in doing the action. 50.’’ The existing part number of the actions required by an AD, operators Regulatory Findings probe (for the HFEC inspection) in the might incur incidental costs in addition service bulletin has a typographical to the direct costs. The cost analysis in This AD will not have federalism error. The part number is provided in AD rulemaking actions, however, implications under Executive Order Boeing Alert Service Bulletin 747– typically does not include incidental 13132. This AD will not have a 53A2651, dated June 12, 2008, only as costs such as the time required to gain substantial direct effect on the States, on an example of an acceptable probe, and access and close up. Those incidental the relationship between the national is not mandated by this AD. Therefore, costs, which might vary significantly government and the States, or on the we have not changed this AD regarding among operators, are almost impossible distribution of power and this issue. • to calculate. This AD has not been responsibilities among the various The IN also notes that in Figures 1 changed regarding this issue. levels of government. and 2, footnote (b), of Boeing Alert Service Bulletin 747–53A2651, dated Explanation of Change to Paragraph (f) For the reasons discussed above, I June 12, 2008, additional examples of of This AD certify that this AD: the small diameter probe part numbers We have revised paragraph (f) of this (1) Is not a ‘‘significant regulatory ‘‘MMP901–50’’ and ‘‘MMP–60’’ should AD to clarify that there is an initial action’’ under Executive Order 12866, be added, and that Boeing wants to inspection that must be done for all (2) Is not a ‘‘significant rule’’ under provide the operators with more airplanes and that the repetitive DOT Regulatory Policies and Procedures examples of acceptable probes. As use inspections must be done for airplanes (44 FR 11034, February 26, 1979), and of a specific small diameter probe is not on which no cracking is found. mandated, this AD has not been (3) Will not have a significant changed regarding this issue. Conclusion economic impact, positive or negative, • The IN also notes that in Paragraph We reviewed the relevant data, on a substantial number of small entities 3.B., Work Instructions, PART 3, Step 1, considered the comments received, and under the criteria of the Regulatory of Boeing Alert Service Bulletin 747– determined that air safety and the Flexibility Act. 53A2651, dated June 12, 2008, the public interest require adopting the AD You can find our regulatory existing text ‘‘from STA 2520 to STA with the changes described previously. evaluation and the estimated costs of 2521’’ should be ‘‘from STA 2491 to We also determined that these changes compliance in the AD Docket.
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List of Subjects in 14 CFR Part 39 repeat the inspection thereafter at the Seattle, Washington 98124–2207; telephone applicable times specified in paragraph 1.E., 206–544–5000, extension 1; fax 206–766– Air transportation, Aircraft, Aviation ‘‘Compliance,’’ of Boeing Alert Service 5680; e-mail [email protected]; safety, Incorporation by reference, Bulletin 747–53A2651, dated June 12, 2008. Internet https://www.myboeingfleet.com. Safety. (g) Where Boeing Alert Service Bulletin (3) You may review copies of the service Adoption of the Amendment 747–53A2651, dated June 12, 2008, information at the FAA, Transport Airplane paragraph 3.B., Work Instructions, PART 3, Directorate, 1601 Lind Avenue, SW., Renton, ■ Accordingly, under the authority Step 1, specifies a sealant application ‘‘from Washington. For information on the delegated to me by the Administrator, STA 2520 to STA 2521,’’ this AD requires a availability of this material at the FAA, call the FAA amends 14 CFR part 39 as sealant application ‘‘from STA 2491 to STA 425–227–1221 or 425–227–1152. follows: 2521’’ on both sides of the airplane. (4) You may also review copies of the (h) Where Boeing Alert Service Bulletin service information that is incorporated by PART 39—AIRWORTHINESS 747–53A2651, dated June 12, 2008, specifies reference at the National Archives and to contact Boeing for repair instructions Records Administration (NARA). For DIRECTIVES instead of repairing or replacing any cracked information on the availability of this ■ 1. The authority citation for part 39 upper lobe doubler in accordance with the material at NARA, call 202–741–6030, or go _ continues to read as follows: service bulletin, this AD requires, before to: http://www.archives.gov/federal register/ further flight, repairing any cracked upper code_of_federal_regulations/ Authority: 49 U.S.C. 106(g), 40113, 44701. lobe doubler using a method approved in ibr_locations.html. accordance with the procedures specified in § 39.13 [Amended] Issued in Renton, Washington, on April 22, paragraph (j) of this AD. 2009. ■ 2. The FAA amends § 39.13 by adding (i) Where Boeing Alert Service Bulletin the following new AD: 747–53A2651, dated June 12, 2008, specifies Stephen P. Boyd, a compliance time after the date on the Acting Manager, Transport Airplane 2009–09–08 Boeing: Amendment 39–15894. service bulletin, this AD requires compliance Directorate, Aircraft Certification Service. Docket No. FAA–2008–1239; Directorate within the specified compliance time after [FR Doc. E9–9925 Filed 5–6–09; 8:45 am] Identifier 2008–NM–131–AD. the effective date of this AD. BILLING CODE 4910–13–P Effective Date Alternative Methods of Compliance (a) This airworthiness directive (AD) is (AMOCs) effective June 11, 2009. (j)(1) The Manager, Seattle Aircraft DEPARTMENT OF TRANSPORTATION Certification Office (ACO), FAA, has the Affected ADs Federal Aviation Administration (b) None. authority to approve AMOCs for this AD, if requested using the procedures found in 14 Applicability CFR 39.19. Send information to ATTN: Ivan 14 CFR Part 39 (c) This AD applies to Boeing Model 747– Li, Aerospace Engineer, Airframe Branch, [Docket No. FAA–2008–1070; Directorate 100, 747–100B, 747–100B SUD, 747–200B, ANM–120S, FAA, Seattle ACO, 1601 Lind Identifier 2008–NM–087–AD; Amendment 747–200C, 747–200F, 747–300, 747–400, Avenue, SW., Renton, Washington 98057– 39–15893; AD 2009–09–07] 747–400D, 747–400F, 747SR, and 747SP 3356; telephone (425) 917–6437; fax (425) series airplanes, certificated in any category; 917–6590. RIN 2120–AA64 as identified in Boeing Alert Service Bulletin (2) To request a different method of 747–53A2651, dated June 12, 2008. compliance or a different compliance time Airworthiness Directives; Boeing for this AD, follow the procedures in 14 CFR Model 737–100, –200, –200C, –300, Unsafe Condition 39.19. Before using any approved AMOC on –400, and –500 Series Airplanes (d) This AD results from reports of cracks any airplane to which the AMOC applies, in the radius detail of the upper lobe notify your principal maintenance inspector AGENCY: Federal Aviation doublers. We are issuing this AD to detect (PMI) or principal avionics inspector (PAI), Administration (FAA), DOT. and correct cracks in the upper lobe as appropriate, or lacking a principal ACTION: Final rule. doublers. Such cracks could result in inspector, your local Flight Standards District significant degradation of the fuselage Office. The AMOC approval letter must SUMMARY: We are adopting a new structure and reduce its ability to carry flight specifically reference this AD. airworthiness directive (AD) for all loads from the vertical stabilizer, which (3) An AMOC that provides an acceptable Boeing Model 737–100, –200, –200C, could adversely affect the controllability of level of safety may be used for any repair –300, –400, and –500 series airplanes. the airplane. required by this AD, if it is approved by an Authorized Representative for the Boeing For all airplanes, this AD requires Compliance Commercial Airplanes Delegation Option repetitive overhaul of the retract (e) Comply with this AD within the Authorization Organization who has been actuator beam of the main landing gear compliance times specified, unless already authorized by the Manager, Seattle ACO, to (MLG). For certain airplanes, this AD done. make those findings. For a repair method to requires repetitive inspections for be approved, the repair must meet the Inspection(s) and Corrective Action damage of the retract actuator beam, and certification basis of the airplane, and the related investigative and corrective (f) At the applicable times specified in approval must specifically refer to this AD. actions if necessary. This AD results paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 747–53A2651, dated Material Incorporated by Reference from reports of broken retract actuator June 12, 2008, except as required by (k) You must use Boeing Alert Service beams of the MLG and the subsequent paragraph (i) of this AD, do an external Bulletin 747–53A2651, dated June 12, 2008, failure of the MLG to fully retract. We surface high frequency eddy current to do the actions required by this AD, unless are issuing this AD to detect and correct inspection to detect cracks in the radius the AD specifies otherwise. broken retract actuator beams of the detail of the upper lobe doubler on both sides (1) The Director of the Federal Register MLG, which could cause damage to the of the airplane, and the applicable corrective approved the incorporation by reference of beam arm, hydraulic tubing, and flight action, by accomplishing all the applicable this service information under 5 U.S.C. control cables. Damage to the flight actions specified in the Accomplishment 552(a) and 1 CFR part 51. control cables could result in loss of Instructions of the service bulletin, except as (2) For service information identified in required by paragraphs (g) and (h) of this AD. this AD, contact Boeing Commercial control of the airplane. The applicable corrective action must be Airplanes, Attention: Data & Services DATES: This AD is effective June 11, done before further flight. As applicable, Management, P.O. Box 3707, MC 2H–65, 2009.
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The Director of the Federal Register related investigative and corrective • The shot peening of the entire part approved the incorporation by reference actions if necessary. specified in Step 12 of Figure 2 should of a certain publication listed in the AD be limited to the machined areas of the Comments as of June 11, 2009. part since the geometry of the actuator ADDRESSES: For service information We gave the public the opportunity to beam does not allow for effective shot identified in this AD, contact Boeing participate in developing this AD. We peening of the entire area. Commercial Airplanes, P.O. Box 3707, considered the comments received from • A caution note for arc burns Seattle, Washington 98124–2207; the commenters. associated with grounding (similar to telephone 206–544–9990; fax 206–766– Support for the NPRM Step 14) should be included in Step 13 5682; e-mail [email protected]; Boeing concurs with the contents of of Figure 2. Internet https:// the NPRM. We disagree that using the www.myboeingfleet.com. instructions specified in the Request To Change Overhaul Examining the AD Docket Accomplishment Instructions of Boeing Requirements You may examine the AD docket on Service Bulletin 737–32A1355, Revision Continental Airlines (CAL) asks that the Internet at http:// 2, dated March 5, 2008, to perform the we not mandate overhaul of the retract www.regulations.gov; or in person at the overhaul of the retract actuator beam actuator beam using the instructions Docket Management Facility between 9 should not be mandated. Revision 2 of specified in the Accomplishment a.m. and 5 p.m., Monday through Boeing Service Bulletin 737–32A1355 Instructions of Boeing Service Bulletin Friday, except Federal holidays. The AD references improved overhaul 737–32A1355, Revision 2, dated March docket contains this AD, the regulatory procedures, and those procedures are 5, 2008. CAL states that the reason for evaluation, any comments received, and required by this AD. However, release of Boeing Service Bulletin 737– other information. The address for the according to the provisions of paragraph 32A1355, Revision 2, is Boeing’s Docket Office (telephone 800–647–5527) (i) of this AD, we may approve a request concern regarding shop process is the Document Management Facility, for using different overhaul procedures deficiencies at some repair facilities U.S. Department of Transportation, if the request includes data that prove where correct overhaul procedures were Docket Operations, M–30, West that those procedures would provide an not followed. CAL finds this reasoning Building Ground Floor, Room W12–140, acceptable level of safety. We have not detrimental to all operators that follow changed the AD in this regard. 1200 New Jersey Avenue, SE., correct overhaul procedures at their Washington, DC 20590. We acknowledge the request for repair facilities. changes to Boeing Service Bulletin 737– FOR FURTHER INFORMATION CONTACT: CAL landing gear components, 32A1355, Revision 2. At the present Nancy Marsh, Aerospace Engineer, including the retract actuator beams of time, Boeing has not issued a revised Airframe Branch, ANM–120S, FAA, the left and right main landing gear, are service bulletin with the changes. Seattle Aircraft Certification Office, time controlled per the Boeing 737–300/ However, if Boeing Service Bulletin 1601 Lind Avenue, SW., Renton, –500 Maintenance Program and are 737–32A1355, Revision 2, is revised Washington 98057–3356; telephone scheduled to be overhauled at 10-year after issuance of this AD, we might (425) 917–6440; fax (425) 917–6590. intervals at an FAA-approved landing consider approving the revised service SUPPLEMENTARY INFORMATION: gear overhaul facility. CAL also makes bulletin as an alternative method of Discussion the following recommendations regarding Boeing Service Bulletin 737– compliance (AMOC) with the We issued a notice of proposed 32A1355, Revision 2: requirements of this AD. We have not rulemaking (NPRM) to amend 14 CFR • The stripping of all chrome and changed the AD in this regard. part 39 to include an airworthiness nickel plating specified in Step 4 of Conclusion directive (AD) that would apply to all Figure 2 should be included as an Boeing Model 737–100, –200, –200C, option, as in the Boeing 737 Component We reviewed the relevant data, –300, –400, and –500 series airplanes. Maintenance Manual (CMM), Section considered the comments received, and That NPRM was published in the 32–00–05. determined that air safety and the Federal Register on October 8, 2008 (73 • The nital etch inspection of public interest require adopting the AD FR 58906). For all airplanes, that NPRM machined surfaces specified only in as proposed. proposed to require repetitive overhaul Step 9 of Figure 2 should not be limited Costs of Compliance of the retract actuator beam of the main to machined surfaces. landing gear (MLG). For certain • The stress relieving of the part We estimate that this AD affects 652 airplanes, that NPRM proposed to specified in Step 10 of Figure 2 should airplanes of U.S. registry. The following require repetitive inspections for be an optional step, as specified in table provides the estimated costs for damage of the retract actuator beam, and Boeing 737 CMM, Section 32–00–05. U.S. operators to comply with this AD.
ESTIMATED COSTS
Number of Action/airplane group Work hours Average labor Parts cost Cost per product U.S.-registered Fleet cost rate per hour airplanes
Overhaul for Group 1; Con- 64 $80 None ...... $5,120, per overhaul cycle .. 652 $3,338,240 figurations 1, 2, and 3. Inspection for Group 1, Con- 1 80 None ...... $80, per inspection cycle ..... 525 42,000 figuration 3.
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Authority for This Rulemaking § 39.13 [Amended] paragraph (f) of this AD be done on airplanes ■ 2. The FAA amends § 39.13 by adding with any MLG retract actuator beam having Title 49 of the United States Code those P/Ns. specifies the FAA’s authority to issue the following new AD: rules on aviation safety. Subtitle I, 2009–09–07 Boeing: Amendment 39–15893. Alternative Methods of Compliance section 106, describes the authority of Docket No. FAA–2008–1070; Directorate (AMOCs) the FAA Administrator. ‘‘Subtitle VII: Identifier 2008–NM–087–AD. (i)(1) The Manager, Seattle Aircraft Aviation Programs,’’ describes in more Effective Date Certification Office (ACO), FAA, has the detail the scope of the Agency’s authority to approve AMOCs for this AD, if (a) This airworthiness directive (AD) is authority. effective June 11, 2009. requested using the procedures found in 14 We are issuing this rulemaking under CFR 39.19. Send information to ATTN: the authority described in ‘‘Subtitle VII, Affected ADs Nancy Marsh, Aerospace Engineer, Airframe Part A, Subpart III, Section 44701: (b) None. Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., General requirements.’’ Under that Applicability section, Congress charges the FAA with Renton, Washington 98057–3356; telephone (c) This AD applies to all Boeing Model promoting safe flight of civil aircraft in (425) 917–6440; fax (425) 917–6590; or e-mail 737–100, –200, –200C, –300, –400, and –500 information to 9-ANM-Seattle-ACO-AMOC- air commerce by prescribing regulations series airplanes, certificated in any category. for practices, methods, and procedures [email protected]. the Administrator finds necessary for Unsafe Condition (2) To request a different method of safety in air commerce. This regulation (d) This AD results from reports of broken compliance or a different compliance time is within the scope of that authority retract actuator beams of the main landing for this AD, follow the procedures in 14 CFR because it addresses an unsafe condition gear (MLG) and the subsequent failure of the 39.19. Before using any approved AMOC on MLG to fully retract. We are issuing this AD any airplane to which the AMOC applies, that is likely to exist or develop on to detect and correct broken retract actuator products identified in this rulemaking notify your principal maintenance inspector beams of the MLG, which could result in (PMI) or principal avionics inspector (PAI), action. damage to the beam arm, hydraulic tubing, as appropriate, or lacking a principal Regulatory Findings and flight control cables. Damage to the flight inspector, your local Flight Standards District control cables could result in loss of control Office. This AD will not have federalism of the airplane. (3) An AMOC that provides an acceptable implications under Executive Order Compliance level of safety may be used for any repair 13132. This AD will not have a (e) Comply with this AD within the required by this AD, if it is approved by an substantial direct effect on the States, on compliance times specified, unless already Authorized Representative for the Boeing the relationship between the national done. Commercial Airplanes Delegation Option government and the States, or on the Authorization Organization who has been distribution of power and Inspection and Related Investigative and Corrective Actions/Overhaul authorized by the Manager, Seattle ACO, to responsibilities among the various make those findings. For a repair method to (f) Except as provided by paragraphs (g) levels of government. be approved the repair must meet the For the reasons discussed above, I and (h) of this AD: At the applicable times specified in paragraph 1.E. of Boeing Service certification basis of the airplane, and the certify that this AD: Bulletin 737–32A1355, Revision 2, dated approval must specifically refer to this AD. (1) Is not a ‘‘significant regulatory March 5, 2008, inspect for damage of the Material Incorporated by Reference action’’ under Executive Order 12866, retract actuator beam of the MLG and (2) Is not a ‘‘significant rule’’ under overhaul the retract actuator beam, as (j) You must use Boeing Service Bulletin DOT Regulatory Policies and Procedures applicable, by doing all the applicable 737–32A1355, Revision 2, dated March 5, (44 FR 11034, February 26, 1979), and actions specified in the Accomplishment 2008, to do the actions required by this AD, (3) Will not have a significant Instructions of Boeing Service Bulletin 737– unless the AD specifies otherwise. economic impact, positive or negative, 32A1355, Revision 2, dated March 5, 2008. (1) The Director of the Federal Register Do all applicable related investigative and approved the incorporation by reference of on a substantial number of small entities corrective actions before further flight. under the criteria of the Regulatory this service information under 5 U.S.C. Repeat the applicable inspection or overhaul 552(a) and 1 CFR part 51. Flexibility Act. thereafter at the applicable time specified in (2) For service information identified in You can find our regulatory paragraph 1.E. of Boeing Service Bulletin this AD, contact Boeing Commercial evaluation and the estimated costs of 737–32A1355, Revision 2, dated March 5, Airplanes, P.O. Box 3707, Seattle, compliance in the AD Docket. 2008. Washington 98124–2207; telephone 206– List of Subjects in 14 CFR Part 39 Exceptions to Service Information 544–9990; fax 206–766–5682; e-mail (g) Where Boeing Service Bulletin 737– [email protected]; Internet https:// Air transportation, Aircraft, Aviation 32A1355, Revision 2, dated March 5, 2008, www.myboeingfleet.com. safety, Incorporation by reference, specifies a compliance time after ‘‘* * * the (3) You may review copies of the service Safety. date on this service bulletin,’’ this AD information at the FAA, Transport Airplane Adoption of the Amendment requires compliance within the specified Directorate, 1601 Lind Avenue, SW., Renton, compliance time after the effective date of Washington. For information on the ■ Accordingly, under the authority this AD. availability of this material at the FAA, call delegated to me by the Administrator, (h) Boeing Service Bulletin 737–32A1355, 425–227–1221 or 425–227–1152. Revision 2, dated March 5, 2008, specifies the FAA amends 14 CFR part 39 as (4) You may also review copies of the that the actions are for airplanes with new service information that is incorporated by follows: MLG retract actuator beams that have not reference at the National Archives and PART 39—AIRWORTHINESS been overhauled having part number (P/N) 65–46108–15 and subsequent dash numbers; Records Administration (NARA). For DIRECTIVES and new or overhauled MLG retract actuator information on the availability of this material at NARA, call 202–741–6030, or go ■ 1. The authority citation for part 39 beams having P/N 65–46108–14 and previous dash numbers. However, this AD is not to: http://www.archives.gov/federal_register/ continues to read as follows: limited to new or overhauled beams. This AD code_of_federal_regulations/ Authority: 49 U.S.C. 106(g), 40113, 44701. requires that the actions required by ibr_locations.html.
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Issued in Renton, Washington, on April 22, www.regulations.gov; or in person at the provisions of paragraph (h) of the final 2009. Docket Management Facility between 9 rule we may approve requests for Stephen P. Boyd, a.m. and 5 p.m., Monday through different compliance methods if the Acting Manager, Transport Airplane Friday, except Federal holidays. The AD requests include data that prove that the Directorate, Aircraft Certification Service. docket contains this AD, the regulatory new methods would provide an [FR Doc. E9–9926 Filed 5–6–09; 8:45 am] evaluation, any comments received, and acceptable level of safety. BILLING CODE 4910–13–P other information. The address for the Docket Office (telephone 800–647–5527) Conclusion is the Document Management Facility, We reviewed the relevant data, DEPARTMENT OF TRANSPORTATION U.S. Department of Transportation, considered the comments received, and Docket Operations, M–30, West determined that air safety and the Federal Aviation Administration Building Ground Floor, Room W12–140, public interest require adopting the AD 1200 New Jersey Avenue, SE., as proposed. 14 CFR Part 39 Washington, DC 20590. Costs of Compliance FOR FURTHER INFORMATION CONTACT: [Docket No. FAA–2008–1275; Directorate There are 1,712 airplanes of the Identifier 2007–NM–167–AD; Amendment Alan Pohl, Aerospace Engineer, 39–15892; AD 2009–09–06] Airframe Branch, ANM–120S, FAA, affected design in the worldwide fleet. Seattle Aircraft Certification Office, This AD affects 509 airplanes of U.S. RIN 2120–AA64 1601 Lind Avenue, SW., Renton, registry. The inspections take 2 work Washington 98057–3356; telephone hours per airplane, at an average labor Airworthiness Directives; Boeing rate of $80 per work hour. Based on Model 737–100, –200, –200C, –300, (425) 917–6450; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: these figures, the estimated cost of the –400, and –500 Series Airplanes AD for U.S. operators is $81,440, or Discussion AGENCY: Federal Aviation $160 per airplane, per inspection cycle. Administration (FAA), DOT. We issued a notice of proposed The optional terminating action, if done, would take 9 work hours, at an ACTION: Final rule. rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness average labor rate of $80 per work hour. SUMMARY: We are adopting a new directive (AD) that would apply to Required parts cost between $533 and airworthiness directive (AD) for certain certain Boeing Model 737–100, –200, $566 per airplane, depending on the Boeing Model 737–100, –200, –200C, –200C, –300, –400, and –500 series airplane configuration. Based on these –300, –400, and –500 series airplanes. airplanes. That NPRM was published in figures, the estimated cost of the This AD requires repetitive detailed and the Federal Register on December 5, optional terminating action would range high frequency eddy current inspections 2008 (73 FR 74080). That NPRM between $1,253 and $1,286 per airplane, to detect cracks of the backup proposed to require repetitive detailed depending on the airplane intercostals and the upper sill of the and high frequency eddy current configuration. forward airstair doorway, and inspections to detect cracks of the Authority for This Rulemaking applicable corrective actions. This AD backup intercostals and the upper sill of Title 49 of the United States Code also provides for an optional the forward airstair doorway, and specifies the FAA’s authority to issue terminating action, which would applicable corrective actions. That rules on aviation safety. Subtitle I, eliminate the need for repetitive NPRM also provided an optional section 106, describes the authority of inspections. This AD results from a terminating action, which would the FAA Administrator. ‘‘Subtitle VII: report indicating that cracks were found eliminate the need for repetitive Aviation Programs,’’ describes in more in the backup intercostals and upper sill inspections. detail the scope of the Agency’s web of the forward airstair doorway. We Comments authority. are issuing this AD to detect and correct We are issuing this rulemaking under fatigue cracking of the backup We gave the public the opportunity to the authority described in ‘‘Subtitle VII, intercostals and upper sill web of the participate in developing this AD. We Part A, Subpart III, Section 44701: forward airstair doorway, which could considered the comments received from General requirements.’’ Under that result in a rapid loss of cabin pressure. the two commenters. section, Congress charges the FAA with DATES: This AD is effective June 11, Support for the NPRM promoting safe flight of civil aircraft in 2009. Boeing concurs with the contents of air commerce by prescribing regulations The Director of the Federal Register the NPRM. for practices, methods, and procedures approved the incorporation by reference the Administrator finds necessary for of a certain publication listed in the AD Request for Clarification safety in air commerce. This regulation as of June 11, 2009. Southwest Airlines requests more is within the scope of that authority ADDRESSES: For service information information regarding alternative because it addresses an unsafe condition identified in this AD, contact Boeing procedures for airplanes that have had that is likely to exist or develop on Commercial Airplanes, Attention: Data the airstair door deactivated per Boeing products identified in this rulemaking & Services Management, P.O. Box 3707, Service Bulletin 737–52–1092. action. MC 2H–65, Seattle, Washington 98124– Southwest Airlines asks whether 2207; telephone 206–544–5000, instructions developed by operators, for Regulatory Findings extension 1; fax 206–766–5680; e-mail open and close of an airstair door after This AD will not have federalism [email protected]; Internet&fnl; deactivation per Boeing Service Bulletin implications under Executive Order https://www.myboeingfleet.com. 737–52–1092, will be considered 13132. This AD will not have a approved equivalent procedures. substantial direct effect on the States, on Examining the AD Docket No alternative procedures have been the relationship between the national You may examine the AD docket on established that have general FAA government and the States, or on the the Internet at http:// approval; however, according to the distribution of power and
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responsibilities among the various Inspections FAA, to make those findings. For a repair levels of government. (f) At the applicable compliance times and method to be approved, the repair must meet For the reasons discussed above, I repeat intervals listed in the tables of the certification basis of the airplane, and the certify that this AD: paragraph 1.E., ‘‘Compliance,’’ of Boeing approval must specifically refer to this AD. (1) Is not a ‘‘significant regulatory Alert Service Bulletin 737–53A1269, dated Material Incorporated by Reference May 17, 2007 (hereafter ‘‘the service action’’ under Executive Order 12866, (i) You must use Boeing Alert Service (2) Is not a ‘‘significant rule’’ under bulletin’’), except as provided by paragraphs (f)(1), (f)(2), and (f)(3) of this AD: Do Bulletin 737–53A1269, dated May 17, 2007, DOT Regulatory Policies and Procedures repetitive detailed and high frequency eddy to do the actions required by this AD, unless (44 FR 11034, February 26, 1979), and current inspections to detect cracks of the the AD specifies otherwise. The optional (3) Will not have a significant backup intercostals and the upper sill of the actions specified by this AD, if economic impact, positive or negative, forward airstair doorway, and applicable accomplished, must also be done in on a substantial number of small entities corrective actions by accomplishing all the accordance with Boeing Alert Service under the criteria of the Regulatory applicable actions specified in the Bulletin 737–53A1269, dated May 17, 2007. Accomplishment Instructions of the service (1) The Director of the Federal Register Flexibility Act. approved the incorporation by reference of You can find our regulatory bulletin. Do the applicable corrective actions before further flight. this service information under 5 U.S.C. evaluation and the estimated costs of (1) Where the service bulletin specifies a 552(a) and 1 CFR part 51. compliance in the AD Docket. compliance time from the release date of the (2) For service information identified in this AD, contact Boeing Commercial List of Subjects in 14 CFR Part 39 service bulletin, this AD requires compliance within the specified compliance time after Airplanes, Attention: Data & Services Air transportation, Aircraft, Aviation the effective date of this AD. Management, P.O. Box 3707, MC 2H–65, safety, Incorporation by reference, (2) Where the columns identified as Seattle, Washington 98124–2207; telephone Safety. ‘‘Airplane Flight Cycles’’ in the tables of the 206–544–5000, extension 1; fax 206–766– service bulletin specify less than 45,000 total 5680; e-mail [email protected]; Adoption of the Amendment flight cycles for certain actions, this AD Internet https://www.myboeingfleet.com. affects airplanes having less than or equal to (3) You may review copies of the service ■ Accordingly, under the authority 45,000 total flight cycles. information at the FAA, Transport Airplane delegated to me by the Administrator, (3) Where the columns identified as Directorate, 1601 Lind Avenue, SW., Renton, the FAA amends 14 CFR part 39 as ‘‘Repeat Interval’’ in the tables of the service Washington. For information on the follows: bulletin specify an interval of 4,500 flight availability of this material at the FAA, call cycles for all conditions, this AD requires 425–227–1221 or 425–227–1152. PART 39—AIRWORTHINESS repetitive inspections only if no crack is (4) You may also review copies of the DIRECTIVES found during any inspection required by service information that is incorporated by paragraph (f) of this AD. reference at the National Archives and ■ 1. The authority citation for part 39 Records Administration (NARA). For continues to read as follows: Optional Terminating Action information on the availability of this (g) Accomplishing the backup intercostal material at NARA, call 202–741–6030, or go Authority: 49 U.S.C. 106(g), 40113, 44701. repair/preventative modification and/or the to: http://www.archives.gov/federal_register/ _ _ _ § 39.13 [Amended] upper door sill web repair, in accordance code of federal regulations/ with the Accomplishment Instructions of ibr_locations.html. ■ 2. The FAA amends § 39.13 by adding Boeing Alert Service Bulletin 737–53A1269, Issued in Renton, Washington, on April 22, the following new AD: dated May 17, 2007, terminates all the 2009. corresponding repetitive inspection 2009–09–06 Boeing: Amendment 39–15892. requirements of paragraph (f) of this AD. Stephen P. Boyd, Docket No. FAA–2008–1275; Directorate Assistant Manager, Transport Airplane Identifier 2007–NM–167–AD. Alternative Methods of Compliance Directorate, Aircraft Certification Service. (AMOCs) Effective Date [FR Doc. E9–9947 Filed 5–6–09; 8:45 am] (h)(1) The Manager, Seattle Aircraft (a) This airworthiness directive (AD) is BILLING CODE 4910–13–P Certification Office (ACO), FAA, has the effective June 11, 2009. authority to approve AMOCs for this AD, if Affected ADs requested using the procedures found in 14 SECURITIES AND EXCHANGE (b) None. CFR 39.19. Send information to ATTN: Alan Pohl, Aerospace Engineer, Airframe Branch, COMMISSION Applicability ANM–120S, FAA, Seattle ACO, 1601 Lind (c) This AD applies to Boeing Model 737– Avenue, SW., Renton, Washington 98057– 17 CFR Part 232 3356; telephone (917) 917–6450; fax (425) 100, –200, –200C, –300, –400, and –500 [Release Nos. 33–9006A; 34–59391A; 39– 917–6590. series airplanes, certificated in any category; 2462A; IC–28617A; File No. S7–12–08] as identified in Boeing Alert Service Bulletin (2) To request a different method of 737–53A1269, dated May 17, 2007. compliance or a different compliance time RIN 3235–AK13 for this AD, follow the procedures in 14 CFR Unsafe Condition 39.19. Before using any approved AMOC on Interactive Data for Mutual Fund Risk/ (d) This AD results from a report indicating any airplane to which the AMOC applies, Return Summary; Correction that cracks were found in the backup notify your principal maintenance inspector intercostals and upper sill web of the forward (PMI) or principal avionics inspector (PAI), AGENCY: Securities and Exchange airstair doorway. We are issuing this AD to as appropriate, or lacking a principal Commission. inspector, your local Flight Standards District detect and correct fatigue cracking of the ACTION: Final rule; correction. backup intercostals and upper sill web of the Office. The AMOC approval letter must forward airstair doorway, which could result specifically reference this AD. SUMMARY: The Securities and Exchange in a rapid loss of cabin pressure. (3) An AMOC that provides an acceptable Commission is making technical level of safety may be used for any repair Compliance required by this AD, if it is approved by an corrections to rule amendments adopted (e) You are responsible for having the Authorized Representative for the Boeing in Release No. 33–9006 (February 11, actions required by this AD performed within Commercial Airplanes Delegation Option 2009), which appeared in the Federal the compliance times specified, unless the Authorization Organization who has been Register on February 19, 2009 (74 FR actions have already been done. authorized by the Manager, Seattle ACO, 7748). Specifically, the Commission is
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making certain corrections to conform to Instructions to Form 6–K, or General Code (Code). The temporary regulations technical amendments adopted in Instruction C.3.(g) of Form N–1A, as also provide guidance to reporting Release No. 33–9002A (April 1, 2009), applicable, as an exhibit to:’’ entities receiving premiums, including which appeared in the Federal Register 3. On page 7775, in the third column, prepaid premiums, for mortgage on April 7, 2009 (74 FR 15666). paragraph (a)(3) of § 232.405 is corrected insurance. The temporary regulations DATES: Effective Date: July 15, 2009. to read as follows: reflect changes to the law made by the Tax Relief and Health Care Act of 2006 FOR FURTHER INFORMATION CONTACT: ‘‘(3) Be submitted in accordance with and the Mortgage Forgiveness Debt Deborah D. Skeens, Senior Counsel, the EDGAR Filer Manual and, as Relief Act of 2007. The text of the Office of Disclosure Regulation, at (202) applicable, either Item 601(b)(101) of temporary regulations also serves as the 551–6784, Division of Investment Regulation S–K, paragraph (101) of Part text of the proposed regulations set forth Management, Securities and Exchange II—Information Not Required to be in the notice of proposed rulemaking on Commission, 100 F Street, NE., Delivered to Offerees or Purchasers of this subject in the Proposed Rules Washington, DC 20549–5720. either Form F–9 or Form F–10, paragraph 101 of the Instructions as to section of this issue of the Federal SUPPLEMENTARY INFORMATION: The Exhibits of Form 20–F, paragraph B.(15) Register. Commission is making the following of the General Instructions to Form 40– DATES: Effective Date: These regulations corrections to Release No. 33–9006 F, paragraph C.(6) of the General (February 11, 2009), which was are effective on May 7, 2009. Instructions to Form 6–K, or General Applicability Dates: For dates of published in FR Doc E9–3359 appearing Instruction C.3.(g) of Form N–1A; and’’ applicability, see §§ 1.163–11T(d) and on page 7748 in the Federal Register on 4. Beginning on page 7775, third 1.6050H–3T(e). February 19, 2009. We are correcting column and continuing on page 7776 in cross-references in preliminary note 1 FOR FURTHER INFORMATION CONTACT: 1 the first column, paragraph (a)(4) of Concerning § 1.163–11T, Angela and paragraph (a) of Rule 405 of § 232.405 is corrected to read as follows: Regulation S–T.2 Warren, (202) 622–4950; concerning ‘‘(4) Be posted on the electronic filer’s § 1.6050H–3T, Stephen Coleman (202) § 232.405 [Corrected] corporate Web site, if any, in accordance 622–4910 (not toll-free numbers). 1. Beginning on page 7775, second with, as applicable, either Item SUPPLEMENTARY INFORMATION: 601(b)(101) of Regulation S–K, column and continuing on the third Background column, the last nineteen lines of paragraph (101) of Part II—Information Preliminary Note 1 to § 232.405 are Not Required to be Delivered to Offerees Section 419 of the Tax Relief and corrected to read as follows: or Purchasers of either Form F–9 or Health Care Act of 2006, Public Law ‘‘paragraph (101) of Part II— Form F–10, paragraph 101 of the 109–432 (120 Stat. 2967) (2006 Act), Information Not Required to be Instructions as to Exhibits of Form 20– added sections 163(h)(3)(E), (h)(4)(E), Delivered to Offerees or Purchasers of F, paragraph B.(15) of the General and (h)(4)(F) to the Code. Section 3 of both Form F–9 (§ 239.39 of this chapter) Instructions to Form 40–F, paragraph the Mortgage Forgiveness Debt Relief and Form F–10 (§ 239.40 of this C.(6) of the General Instructions to Form Act of 2007, Public Law 110–142 (121 chapter), paragraph 101 of the 6–K, or General Instruction C.3.(g) of Stat. 1803) (2007), amended section Instructions as to Exhibits of Form 20– Form N–1A.’’ 163(h)(3)(E)(iv). In general, these new F (§ 249.220f of this chapter), paragraph Dated: May 1, 2009. provisions treat certain qualified B.(15) of the General Instructions to Elizabeth M. Murphy, mortgage insurance premiums as Form 40–F (§ 249.240f of this chapter), Secretary. qualified residence interest. This treatment applies only to certain paragraph C.(6) of the General [FR Doc. E9–10525 Filed 5–6–09; 8:45 am] qualified mortgage insurance premiums Instructions to Form 6–K (§ 249.306 of BILLING CODE P this chapter), and General Instruction paid or accrued on or after January 1, C.3.(g) of Form N–1A (§§ 239.15A and 2007, and on or before December 31, 274.11A of this chapter) specify when 2010, on mortgage insurance contracts DEPARTMENT OF THE TREASURY electronic filers are required or issued on or after January 1, 2007. Section 163(h)(3)(E)(i) provides that permitted to submit or post an Internal Revenue Service Interactive Data File (§ 232.11), as premiums paid or accrued for qualified mortgage insurance in connection with further described in the Note to 26 CFR Part 1 § 232.405.’’ acquisition indebtedness for a qualified 2. On page 7775, third column, the [TD 9449] residence are treated as qualified introductory text of paragraph (a)(2) of residence interest for purposes of RIN 1545–BH84 § 232.405 is corrected to read as follows: section 163. Section 163(h)(4)(E) defines ‘‘(2) Be submitted only by an qualified mortgage insurance as (i) Allocation and Reporting of Mortgage mortgage insurance provided by the electronic filer either required or Insurance Premiums permitted to submit an Interactive Data Veterans Administration (VA), the File as specified by Item 601(b)(101) of AGENCY: Internal Revenue Service (IRS), Federal Housing Administration (FHA), Regulation S–K, paragraph (101) of Part Treasury. or the Rural Housing Administration (Rural Housing),1 and (ii) private II—Information Not Required to be ACTION: Temporary regulations. Delivered to Offerees or Purchasers of mortgage insurance (as defined by either Form F–9 or Form F–10, SUMMARY: This document contains section 2 of the Homeowners Protection paragraph 101 of the Instructions as to temporary regulations that explain how Act of 1998 (12 U.S.C. 4901) as in effect Exhibits of Form 20–F, paragraph B.(15) to allocate prepaid qualified mortgage on December 20, 2006). The amount of the General Instructions to Form 40– insurance premiums to determine the amount of the prepaid premium that is 1 References in section 163(h)(4)(E)(i) to the F, paragraph C.(6) of the General Veterans Administration and Rural Housing treated as qualified residence interest Administration are interpreted to mean their 1 17 CFR 232.405. each taxable year under section respective successors, the Department of Veterans 2 17 CFR 232.10 et seq. 163(h)(4)(F) of the Internal Revenue Affairs and Rural Housing Service.
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treated as qualified residence interest receive mortgage insurance premiums of taxable year are in Publication 936, may be reduced or eliminated under $600 or more in 2007 may report either ‘‘Home Mortgage Interest Deduction.’’ section 163(h)(3)(E)(ii), which provides the portion of the amount received that The Treasury Department and the IRS that the amount allowed as a deduction is allocable to 2007, the amount actually received several comments in response is phased out ratably by 10 percent for received, or the amount determined to Notice 2008–15 concerning the each $1,000 ($500 in the case of a under an 84-month allocation method. appropriate reporting requirement. married individual filing a separate The notice requested comments Some commenters suggested that return) that the taxpayer’s adjusted gross regarding the appropriate allocation mortgage servicers be required to report income exceeds $100,000 ($50,000 in method and reporting requirements that all mortgage insurance premiums the case of a married individual filing a should apply to future years. received during the taxable year, separate return). including prepayments. Others Section 163(h)(4)(F) states that any Summary of Comments on Notice 2008– suggested allowing mortgage servicers to amount paid by the taxpayer for 15 and Explanation of Provisions report either (1) the amount of mortgage qualified mortgage insurance that is In response to Notice 2008–15, the insurance premiums received, or (2) the properly allocable to any mortgage the Treasury Department and the IRS amount disbursed during the taxable payment of which extends to periods received several comments concerning year to the issuer of the mortgage that are after the close of the taxable the appropriate allocation methodology insurance policy. year in which the amount is paid shall for prepaid qualified mortgage After consideration of these be chargeable to capital account and insurance premiums that are treated as comments, the Treasury Department shall be treated as paid in the periods qualified residence interest under and the IRS are adopting a rule to which the amount is allocated. No section 163(h)(3)(E). One commenter requiring mortgage servicers to report deduction shall be allowed for the recommended adopting the rule from the amount of all mortgage insurance unamortized balance of the account if Notice 2008–15 permitting taxpayers to premiums, including prepaid mortgage the mortgage is satisfied before the end allocate a prepaid premium ratably over insurance premiums, received in the of its term. The allocation rules in the shorter of (1) the stated term of the calendar year. The temporary section 163(h)(4)(F) do not apply to mortgage, or (2) 84 months. According regulations accordingly add a new provision to the regulations under amounts paid for qualified mortgage to this commenter, an 84-month section 6050H. Section 1.6050H–3T insurance provided by the VA or Rural allocation rule closely approximates the provides that a reporting entity that Housing. Additionally, section actual duration of the average mortgage receives mortgage insurance premiums 163(h)(3)(E)(iv)(II) disallows a insurance contract. Another commenter of $600 or more from an individual deduction for amounts allocable to any suggested adopting a three-year taxpayer during a calendar year shall period after December 31, 2010. allocation period to coincide with the Section 419 of the 2006 Act also make an information return setting forth Department of Housing and Urban added section 6050H(h) to the Code, the total amount received from that Development’s (HUD) policy of which generally provides that any individual during the calendar year refunding prepaid premiums on FHA person who, in the course of a trade or pursuant to the forms and instructions loans. Under this policy, HUD refunds business, receives from an individual prescribed by the Secretary (currently premiums for mortgage insurance prepaid FHA mortgage insurance reported in Box 4 of Form 1098 aggregating $600 or more for any premiums if the borrower refinances the ‘‘Mortgage Interest Statement’’). calendar year, shall make an mortgage through another FHA loan Several commenters suggested information return in the form within the first three years of the clarifying that there are separate $600 prescribed by the Secretary. As defined original loan term. thresholds for reporting mortgage in section 6050H(h)(3)(B), the term After consideration of these interest under section 6050H(a) and mortgage insurance has the same comments, the Treasury Department mortgage insurance premiums under meaning as qualified mortgage and the IRS are adopting the rule from section 6050H(h). Several commenters insurance in section 163(h)(4)(E). See Notice 2008–15 concerning allocation of also requested inclusion of a separate also Tax Technical Corrections Act of prepaid qualified mortgage insurance standard for penalty relief for reporting 2007, Public Law 110–172 (121 Stat. premiums based on the understanding mortgage insurance premiums in 2473) § 11(b)(2). that the average life of a mortgage compliance with section 6050H(h). On January 8, 2008, the IRS and the insurance contract on home mortgages Such guidance is unnecessary, as Treasury Department published Notice generally is seven years (84 months). sections 6050H(a) and 6050H(h) set 2008–15 (2008–4 IRB 4) (see Accordingly, the temporary regulations forth separate $600 reporting thresholds § 601.601(d)(2)(ii)(b)) to provide add a new provision to the regulations for mortgage interest received and guidance to individual taxpayers in under section 163. Notwithstanding the mortgage insurance premiums received, determining the amount of prepaid general rules for the treatment of and the good faith standard for penalty qualified mortgage insurance premiums qualified residence interest (for relief in § 301.6724–1(a)(2)(i) applies to that is treated as qualified residence example, the period over which certain the reporting of mortgage insurance interest under section 163(h)(3)(E) that points paid to refinance a mortgage are premiums. may be deducted in 2007, and to allocable), § 1.163–11T provides that an reporting entities receiving premiums, individual taxpayer may allocate Special Analyses including prepaid premiums, for prepaid qualified mortgage insurance It has been determined that this mortgage insurance in 2007. The notice premiums that are treated as qualified Treasury decision is not a significant provides that an individual taxpayer residence interest under section regulatory action as defined in may allocate the prepaid premium 163(h)(3)(E) over the shorter of (a) the Executive Order 12866. Therefore, a ratably over the shorter of (1) the stated stated term of the mortgage, or (b) a regulatory assessment is not required. It term of the mortgage, or (2) 84 months, period of 84 months. Instructions for also has been determined that section beginning with the month in which the calculating the portion of prepaid 553(b) of the Administrative Procedure insurance was obtained. The notice also qualified mortgage insurance premiums Act (5 U.S.C. chapter 5) does not apply provides that reporting entities that that are deductible in a particular to these regulations. For applicability of
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the Regulatory Flexibility Act (5 U.S.C. (2) Limitation. If a mortgage is to the receipt of all payments of chapter 5), please refer to the Special satisfied before the end of its stated mortgage insurance premiums, by cash Analyses section in the preamble to the term, no deduction as qualified or financing, without regard to source. cross-referenced notice of proposed residence interest shall be allowed for (c) Aggregation. Whether a person rulemaking published in the Proposed any amount of the premium that is receives $600 or more of mortgage Rules section in this issue of the Federal allocable to periods after the mortgage is insurance premiums is determined on a Register. Pursuant to section 7805(f) of satisfied. mortgage-by-mortgage basis. A recipient the Code, these regulations have been (b) Scope. The allocation requirement need not aggregate mortgage insurance submitted to the Chief Counsel for in paragraph (a) of this section applies premiums received on all of the Advocacy of the Small Business only to mortgage insurance provided by mortgages of an individual to determine Administration for comment on their the Federal Housing Administration or whether the $600 threshold is met. impact on small business. private mortgage insurance (as defined Therefore, a recipient need not report by section 2 of the Homeowners mortgage insurance premiums of less Drafting Information Protection Act of 1998 (12 U.S.C. 4901) than $600 received on a mortgage, even The principal authors of these as in effect on December 20, 2006). It though it receives a total of $600 or regulations are Angella Warren, Office does not apply to mortgage insurance more of mortgage insurance premiums of the Associate Chief Counsel (Income provided by the Department of Veterans on all of the mortgages for an individual Tax and Accounting), and Stephen Affairs or the Rural Housing Service. for a calendar year. Coleman, Office of the Associate Chief Paragraph (a) of this section applies (d) Cross reference. For rules Counsel (Procedure and whether the qualified mortgage concerning the allocation of certain Administration). However, other insurance premiums are paid in cash or prepaid qualified mortgage insurance personnel from the IRS and the Treasury are financed, without regard to source. premiums, see § 1.163–11T of this Department participated in their (c) Cross reference. For rules chapter. development. concerning the information reporting of (e) Effective/applicability date. This section applies to mortgage insurance List of Subjects in 26 CFR Part 1 premiums, including prepaid premiums, for mortgage insurance, see premiums received on or after January Income taxes, Reporting and § 1.6050H–3T. 1, 2008. recordkeeping requirements. (d) Effective/applicability date. This (f) Expiration date. The applicability Amendments to the Regulations section applies to prepaid qualified of this section expires on May 4, 2012. mortgage insurance premiums described Linda E. Stiff, ■ Accordingly, 26 CFR part 1 is in paragraph (a) of this section paid or amended as follows: Deputy Commissioner for Services and accrued on or after January 1, 2008, and Enforcement. on or before December 31, 2010, for PART 1—INCOME TAXES Approved: April 23, 2009. mortgage insurance provided by the Bernard J. Knight, Jr, ■ Paragraph 1. The authority citation Federal Housing Administration or for part 1 continues to read in part as private mortgage insurers issued on or Acting General Counsel of the Treasury. follows: after January 1, 2007. [FR Doc. E9–10662 Filed 5–6–09; 8:45 am] BILLING CODE 4830–01–P Authority: 26 U.S.C. 7805 * * * (e) Expiration date. The applicability of this section expires on May 7, 2012. ■ Par. 2. Section 1.163–11T is added to read as follows: ■ Par. 3. Section 1.6050H–3T is added DEPARTMENT OF VETERANS to read as follows: AFFAIRS § 1.163–11T Allocation of certain prepaid § 1.6050H–3T Information reporting of qualified mortgage insurance premiums 38 CFR Part 3 (temporary). mortgage insurance premiums (temporary). (a) Allocation—(1) In general. As (a) Information reporting RIN 2900–AN01 provided in section 163(h)(3)(E), requirements. Any person who, in the Presumptive Service Connection for premiums paid or accrued for qualified course of a trade or business receives Disease Associated With Exposure to mortgage insurance during the taxable premiums, including prepaid Certain Herbicide Agents: AL year in connection with acquisition premiums, for mortgage insurance (as Amyloidosis indebtedness with respect to a qualified described in paragraph (b) of this residence (as defined in section section) from any individual aggregating AGENCY: Department of Veterans Affairs. 163(h)(4)(A)) of the taxpayer shall be $600 or more for any calendar year, ACTION: Final rule. treated as qualified residence interest shall make an information return setting (as defined in section 163(h)(3)(A)). If an forth the total amount received from SUMMARY: This document amends the individual taxpayer pays such a that individual during the calendar year Department of Veterans Affairs (VA) premium that is properly allocable to a pursuant to the forms and instructions adjudication regulations concerning mortgage the payment of which extends prescribed by the Secretary. presumptive service connection for a to periods beyond the close of the (b) Scope. Paragraph (a) of this section certain disease based on the most recent taxable year (prepaid premium), the applies to mortgage insurance provided National Academy of Sciences (NAS) taxpayer must allocate the premium to by the Federal Housing Administration, Institute of Medicine committee report, determine the amount treated as Department of Veterans Affairs, or the ‘‘Veterans and Agent Orange: Update qualified residence interest for each Rural Housing Service (or their 2006’’ (Update 2006). This amendment taxable year. The premium must be successor organizations), or to private is necessary to implement a decision of allocated ratably over the shorter of— mortgage insurance (as defined by the Secretary of Veterans Affairs that (i) The stated term of the mortgage; or section 2 of the Homeowners Protection there is a positive association between (ii) A period of 84 months, beginning Act of 1998 (12 U.S.C. 4901) as in effect exposure to herbicides used in the with the month in which the insurance on December 20, 2006). The rule stated Republic of Vietnam during the Vietnam was obtained. in paragraph (a) of this section applies era and the subsequent development of
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AL amyloidosis. The intended effect of plasma cells and production of between herbicide exposure and the this amendment is to establish abnormal amounts of immunoglobulins. disease.’’ Public Law 102–4, section presumptive service connection for AL The commenter stated that, in the 3(d)(1)(C). It appears that the NAS may amyloidosis based on herbicide alternative, the proposed rule should be have placed significant weight on the exposure. withdrawn because there is no evidence evidence of biologic plausibility in this DATES: Effective Date: This amendment that this disease entity is associated instance in part because it is unlikely is effective May 7, 2009. with exposure to herbicides. that other forms of relevant evidence for Applicability Date: The provisions of Response or against an association will ever this regulation amendment apply to all become available. However, the applications for benefits pending before As stated in the proposed rule, the determinations by NAS and VA VA on or received after May 7, 2009. Secretary’s determination regarding concerning Al amyloidosis cannot They also apply to review of certain establishing presumptive service reasonably be construed to reflect a shift connection for AL amyloidosis is based previously denied claims to the extent in policy deviating from the on NAS’ evaluation and its conclusion provided in 38 CFR 3.816. requirements of section 1116(b), or to that there is limited or suggestive suggest that epidemiologic evidence is FOR FURTHER INFORMATION CONTACT: evidence of an association between Maya Ferrandino, Regulations Staff irrelevant to determinations concerning herbicide exposure and AL amyloidosis. other diseases. (211D), Compensation and Pension The Secretary did not make any Service, Veterans Benefits To the extent the commenter suggests determination concerning any disease an amendment to section 1116(b), such Administration, Department of Veterans other than AL amyloidosis. In this Affairs, 810 Vermont Avenue, NW., action would require legislation and is regard, the Secretary has followed the beyond the scope of this rule. We Washington, DC 20420, (727) 319–5847. standards in section 1116(b) regarding (This is not a toll-free number.) therefore make no change based on this establishing presumptive service comment. SUPPLEMENTARY INFORMATION: On connection for a disease associated with VA appreciates the comment November 3, 2008, VA published in the herbicide exposure. The comment states submitted in response to the proposed Federal Register at 73 FR 65280 a that this rule amends the ‘‘causality’’ rule. Based on the rationale set forth in proposal to amend 38 CFR 3.309(e) to criteria of section 1116(b). However, as the proposed rule and the rationale add AL amyloidosis to the list of shown in Update 2006, after quoting the contained in this document, we are diseases presumed service connected criteria from section 1116(b), ‘‘[the NAS adopting the provisions of the proposed based on exposure to herbicide agents. committee’s] congressional mandate and rule as a final rule without change. Interested persons were invited to its statement of task are phrased in such submit written comments on or before a way that the target of evaluation is Administrative Procedures Act January 2, 2009. We received one ‘association,’ not ‘causality,’ between Substantive changes made by this comment. exposure and health outcomes.’’ Update final rule are required to be effective the Comment 2006, p. 2. date of issuance pursuant to 38 U.S.C. The commenter’s suggestion that this 1116(c)(2). Accordingly, we are The commenter stated that the rule is contrary to section 1116(b) rests dispensing with the delayed effective proposed rule represents an ideological on the premise that the rule implicitly date provisions of 5 U.S.C. 553. shift in disease categorization. The establishes a presumption for a group of commenter stated that the proposed rule related diseases, rather than for a Paperwork Reduction Act does not reflect the current criteria for specific disease. We do not agree with This document contains no provisions causality contained in 38 U.S.C. that premise. As noted above, the NAS constituting a collection of information 1116(b), which he stated requires direct and VA each made a finding specific to under the Paperwork Reduction Act (44 evidence between exposure to an AL amyloidosis. As the commenter U.S.C. 3501–3521). herbicide agent and the occurrence of a noted, the NAS relied primarily upon disease in humans. The commenter studies showing that AL amyloidosis is Regulatory Flexibility Act stated that the evidence that multiple pathophysiologically related to other The Secretary hereby certifies that myeloma and other lymphomas were diseases that are currently presumed to this final rule will not have a significant connected to herbicide exposure was be associated with herbicide exposure. economic impact on a substantial used by the Secretary to connect AL That analysis, however, should not be number of small entities as they are amyloidosis with herbicide exposure interpreted to mean that an association defined in the Regulatory Flexibility and that this process by the Secretary between herbicide exposure and a Act, 5 U.S.C. 601–612. This final rule reflects a policy of providing service particular disease justifies a finding of will not affect any small entities. Only connection for disease groups rather such an association for all similar or VA beneficiaries could be directly than for separate diseases. He noted that related diseases. Rather, the NAS and affected. Therefore, pursuant to 5 U.S.C. section 1116(b) allows for service VA necessarily evaluate the body of 605(b), this final rule is exempt from the connection for a specific disease rather relevant evidence for each disease. initial and final regulatory flexibility than for a group of diseases. The The NAS noted that, because AL analysis requirements of sections 603 commenter stated that should the amyloidosis is a rare condition, ‘‘it is and 604. proposed rule go forward, section not likely that population-based 1116(b) and § 3.309(e) should be revised epidemiology will ever provide Executive Order 12866 to include service connection for substantial direct evidence regarding its Executive Order 12866 directs disease entities and that regulations that causation.’’ Update 2006, p. 474. By agencies to assess all costs and benefits refer to individual diseases should be statute, the NAS is directed to assess not of available regulatory alternatives and, reviewed and revised. He stated that the only statistical associations based on when regulation is necessary, to select proposed rule could be revised to reflect epidemiologic studies, but also other regulatory approaches that maximize a presumption of service connection for factors such as ‘‘whether there exists a net benefits (including potential all diseases characterized by clonal plausible biological mechanism or other economic, environmental, public health hyperproliferation of B-cell derived evidence of a causal relationship and safety, and other advantages;
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distributive impacts; and equity). The Approved: April 3, 2009. response to the approval of crisis Executive Order classifies a ‘‘significant John R. Gingrich, exemptions declared by the states of regulatory action,’’ requiring review by Chief of Staff, Department of Veterans Affairs. Florida and Louisiana under section 18 the Office of Management and Budget ■ For the reasons set forth in the of the Federal Insecticide, Fungicide, (OMB), as any regulatory action that is preamble, 38 CFR part 3 is amended as and Rodenticide Act (FIFRA) authorizing the quarantine use of the likely to result in a rule that may: (1) follows: Have an annual effect on the economy fungicide on sugarcane to control the of $100 million or more or adversely PART 3—ADJUDICATION fungal pathogen, Puccinia kuehnii. This affect in a material way the economy, a regulation establishes a maximum ■ 1. The authority citation for part 3, permissible level of residues in this food sector of the economy, productivity, subpart A, continues to read as follows: commodity. The time-limited tolerances competition, jobs, the environment, expire and are revoked on December 31, public health or safety, or State, local, Authority: 38 U.S.C. 501(a), unless otherwise noted. 2011. or tribal governments or communities; DATES: This regulation is effective May (2) create a serious inconsistency or Subpart A—Pension, Compensation, 7, 2009. Objections and requests for otherwise interfere with an action taken and Dependency and Indemnity hearings must be received on or before or planned by another agency; (3) Compensation July 6, 2009, and must be filed in materially alter the budgetary impact of § 3.309 [Amended] accordance with the instructions entitlements, grants, user fees, or loan provided in 40 CFR part 178 (see also programs or the rights and obligations of ■ 2. In § 3.309(e), the listing of diseases Unit I.C. of the SUPPLEMENTARY recipients thereof; or (4) raise novel is amended by adding ‘‘AL INFORMATION). legal or policy issues arising out of legal amyloidosis’’ immediately preceding ADDRESSES: EPA has established a mandates, the President’s priorities, or ‘‘Chloracne or other acneform disease docket for these actions under docket the principles set forth in the Executive consistent with chloracne.’’ identification (ID) number EPA–HQ– Order. [FR Doc. E9–10627 Filed 5–6–09; 8:45 am] OPP–2007–0514 (for BASF Corporation The economic, interagency, BILLING CODE P requested tolerances) and EPA–HQ– budgetary, legal, and policy OPP–2008–0718 (for Valent U.S.A. implications of this final rule have been Corporation requested tolerances). All examined and it has been determined to ENVIRONMENTAL PROTECTION documents in the docket are listed in be a significant regulatory action under AGENCY the docket index available at http:// the Executive Order because it is likely www.regulations.gov. Although listed in to result in a rule that may raise novel 40 CFR Part 180 the index, some information is not publicly available, e.g., Confidential legal or policy issues arising out of legal [EPA–HQ–OPP–2007–0514; FRL–8408–6] mandates, the President’s priorities, or Business Information (CBI) or other information whose disclosure is the principles set forth in the Executive Metconazole; Pesticide Tolerances restricted by statute. Certain other Order. AGENCY: Environmental Protection material, such as copyrighted material, Unfunded Mandates Agency (EPA). is not placed on the Internet and will be ACTION: Final rule. publicly available only in hard copy The Unfunded Mandates Reform Act form. Publicly available docket of 1995 requires, at 2 U.S.C. 1532, that SUMMARY: This regulation establishes materials are available in the electronic agencies prepare an assessment of tolerances for the residues of docket at http://www.regulations.gov, anticipated costs and benefits before metconazole, including its metabolites or, if only available in hard copy, at the issuing any rule that may result in the and degradates, in or on corn, field, OPP Regulatory Public Docket in Rm. S– expenditure by State, local, and tribal forage; corn, field, grain; corn, field, 4400, One Potomac Yard (South Bldg.), governments, in the aggregate, or by the stover; corn, pop, grain; corn, pop, 2777 S. Crystal Dr., Arlington, VA. The private sector, of $100 million or more stover; corn, sweet, forage; corn, sweet, Docket Facility is open from 8:30 a.m. (adjusted annually for inflation) in any kernel plus cob with husks removed; to 4 p.m., Monday through Friday, year. This final rule would have no such corn, sweet, stover; cotton, undelinted excluding legal holidays. The Docket effect on State, local, and tribal seed; and cotton, gin byproducts. BASF Facility telephone number is (703) 305– governments, or on the private sector. Corporation requested these tolerances 5805. under the Federal Food, Drug, and FOR FURTHER INFORMATION CONTACT: For Catalog of Federal Domestic Assistance Cosmetic Act (FFDCA). This regulation further information regarding the Numbers and Titles also establishes tolerances for residues tolerances requested by BASF The Catalog of Federal Domestic of metconazole, including its Corporation or Valent U.S.A. metabolites and degradates, in or on Corporation, please contact Tracy Assistance program numbers and titles canola seed, and eggs. Valent U.S.A. Keigwin, Registration Division (7505P), for this rule are 64.109, Veterans Corporation requested the tolerance for Office of Pesticide Programs, Compensation for Service-Connected canola seed under the FFDCA. EPA Environmental Protection Agency, 1200 Disability, and 64.110, Veterans required an additional tolerance for eggs Pennsylvania Ave., NW., Washington, Dependency and Indemnity based on findings in the studies DC 20460–0001; telephone number: Compensation for Service-Connected submitted by the registrant. (703) 305–6605; e-mail address: Death. In addition, this action establishes [email protected]. For further List of Subjects in 38 CFR Part 3 time-limited tolerances for the residues information regarding the time-limited of metconazole, including its tolerance for the use of metconazole on Administrative practice and metabolites and degradates, in or on sugarcane, please contact Libby procedure, Claims, Disability benefits, sugarcane, cane at 1.6 ppm and Pemberton, Registration Division Health care, Veterans, Vietnam. sugarcane, molasses at 3.2 ppm, in (7505P), Office of Pesticide Programs,
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Environmental Protection Agency, 1200 provided in 40 CFR part 178. To ensure on the food commodities corn, field, Pennsylvania Ave., NW., Washington, proper receipt by EPA, you must aspirated grain fractions at 0.05 parts DC 20460–0001; telephone number: identify docket ID number EPA–HQ– per million (ppm); corn, field, forage at (703) 308–9364; e-mail address: OPP–2007–0514 (for BASF Corporation 3.5 ppm; corn, field, grain at 0.02 ppm; [email protected]. requested tolerances) and EPA–HQ– corn, field, stover at 4.5 ppm; corn, pop, SUPPLEMENTARY INFORMATION: OPP–2008–0718 (for Valent U.S.A. grain at 0.02 ppm; corn, pop, stover at Corporation requested tolerances) in the 4.5 ppm; corn, sweet, forage at 3.5 ppm; I. General Information subject line on the first page of your corn, sweet, kernel plus cob with husks A. Does this Action Apply to Me? submission. All requests must be in removed at 0.01 ppm; corn, sweet, writing, and must be mailed or stover at 4.5 ppm; cotton, undelinted You may be potentially affected by delivered to the Hearing Clerk as seed at 0.25 ppm; and cotton, gin this action if you are an agricultural required by 40 CFR part 178 on or byproducts at 8.0 ppm. That notice producer, food manufacturer, or before July 6, 2009. referenced a summary of the petition pesticide manufacturer. Potentially In addition to filing an objection or prepared by BASF Corporation, the affected entities may include, but are hearing request with the Hearing Clerk registrant, which is available to the not limited to those engaged in the as described in 40 CFR part 178, please public in the docket, http:// following activities: submit a copy of the filing that does not www.regulations.gov. Comments were • Crop production (NAICS code 111). contain any CBI for inclusion in the received on the notice of filing. EPA’s • Animal production (NAICS code public docket that is described in response to these comments is 112). ADDRESSES. Information not marked discussed in Unit IV.C. • Food manufacturing (NAICS code confidential pursuant to 40 CFR part 2 Additionally, in the Federal Register 311). may be disclosed publicly by EPA of November 5, 2008 (73 FR 65849), • Pesticide manufacturing (NAICS without prior notice. Submit this copy, EPA issued a notice pursuant to section code 32532). identified by docket ID number EPA– 408(d)(3) of FFDCA, 21 U.S.C. This listing is not intended to be HQ–OPP–2007–0514 (for BASF 346a(d)(3), announcing the filing of a exhaustive, but rather to provide a guide Corporation requested tolerances) and pesticide petition (PP 7F7292) by Valent for readers regarding entities likely to be EPA–HQ–OPP–2008–0718 (for Valent U.S.A. Company, 1600 Riviera Ave., affected by this action. Other types of U.S.A. Corporation requested Suite 200, Walnut Creek, CA 94596– entities not listed in this unit could also tolerances), by one of the following 8025. The petition requested that 40 be affected. The North American methods: CFR 180.617 be amended by Industrial Classification System • Federal eRulemaking Portal: http:// establishing a tolerance for residues of (NAICS) codes have been provided to www.regulations.gov. Follow the on-line the fungicide metconazole, 5-[(4- assist you and others in determining instructions for submitting comments. chlorophenyl)-methyl]-2,2-dimethyl-1- whether this action might apply to • Mail: Office of Pesticide Programs (1H-1,2,4-triazol-1- certain entities. If you have any (OPP) Regulatory Public Docket (7502P), ylmethyl)cyclopentanol, measured as questions regarding the applicability of Environmental Protection Agency, 1200 the sum of cis- and trans-isomers in or this action to a particular entity, consult Pennsylvania Ave., NW., Washington, on the food commodity canola seed at the person listed under FOR FURTHER DC 20460–0001. 0.04 ppm. That notice referenced a INFORMATION CONTACT. • Delivery: OPP Regulatory Public summary of the petition prepared by Docket (7502P), Environmental Valent U.S.A. Corporation, the B. How Can I Access Electronic Copies Protection Agency, Rm. S–4400, One registrant, which is available to the of this Document? Potomac Yard (South Bldg.), 2777 S. public in the docket, http:// In addition to accessing electronically Crystal Dr., Arlington, VA. Deliveries www.regulations.gov. Comments were available documents at http:// are only accepted during the Docket received on the notice of filing. EPA’s www.regulations.gov, you may access Facility’s normal hours of operation response to these comments is this Federal Register document (8:30 a.m. to 4 p.m., Monday through discussed in Unit IV.C. electronically through the EPA Internet Friday, excluding legal holidays). Based upon review of the data under the ‘‘Federal Register’’ listings at Special arrangements should be made supporting the petition, EPA has http://www.epa.gov/fedrgstr. You may for deliveries of boxed information. The modified the proposed tolerance levels also access a frequently updated Docket Facility telephone number is as follows: Corn, field, forage and corn, electronic version of EPA’s tolerance (703) 305–5805. sweet, forage decreased to 3.0 ppm. regulations at 40 CFR part 180 through Additionally, no specific tolerance for II. Petition for Tolerance the Government Printing Office’s e-CFR corn, field, aspirated grain fractions is site at http://www.gpoaccess.gov/ecfr. In the Federal Register of November needed since residues from this To access the OPPTS Harmonized 5, 2008 (73 FR 65849) (FRL–8385–1), commodity are covered under the 7.0 Guidelines referenced in this document, EPA issued a notice pursuant to section ppm tolerance for ‘‘grain, aspirated go directly to the guidelines at http:// 408(d)(3) of FFDCA, 21 U.S.C. grain fractions’’ already established www.epa.gpo/opptsfrs/home/ 346a(d)(3), announcing the filing of a under § 180.617. Finally, a tolerance is guidelin.htm. pesticide petition (PP 7F7221) by BASF required for metconazole residues in egg Corporation, 26 Davis Drive, P.O. Box at 0.04 ppm. EPA has also modified the C. Can I File an Objection or Hearing 13528, Research Triangle Park, NC tolerance expression to clarify the scope Request? 27709–3528. The petition requested that of the tolerance and how compliance Under section 408(g) of FFDCA, 21 40 CFR 180.617 be amended by with the tolerance levels is to be U.S.C. 346a, any person may file an establishing tolerances for residues of determined. objection to any aspect of this regulation the fungicide metconazole, 5-[(4- The reason for these changes is and may also request a hearing on those chlorophenyl)-methyl]-2,2-dimethyl-1- explained in Unit IV.D. objections. You must file your objection (1H-1,2,4-triazol-1- At this time, EPA is also establishing or request a hearing on this regulation ylmethyl)cyclopentanol), measured as time-limited tolerances for the residues in accordance with the instructions the sum of cis- and trans- isomers in or of metconazole, including its
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metabolites and degradates, in or on Louisiana to use this pesticide on these A. Toxicological Profile sugarcane, cane at 1.6 ppm and crops under FIFRA section 18 absent the EPA has evaluated the available sugarcane, molasses at 3.2 ppm. These issuance of an emergency exemption toxicity data and considered its validity, tolerances expire and are revoked on applicable within that State. For completeness, and reliability as well as December 31, 2011. The Agency is additional information regarding the the relationship of the results of the establishing these time-limited emergency exemption for metconazole, studies to human risk. EPA has also tolerances in response to a crisis contact the Agency’s Registration considered available information exemption request under FIFRA section Division at the address provided under concerning the variability of the 18 on behalf of the Florida Department FOR FURTHER INFORMATION CONTACT. sensitivities of major identifiable of Agriculture & Consumer Services and subgroups of consumers, including the Louisiana Department of Agriculture III. Aggregate Risk Assessment and Determination of Safety infants and children. & Forestry for emergency use of Acute oral and dermal toxicities to metconazole as a quarantine use on Section 408(b)(2)(A)(i) of FFDCA metconazole are moderate, while acute sugarcane to control fungal growth of allows EPA to establish a tolerance (the inhalation toxicity is low. Metconazole Puccinia kuehnii. legal limit for a pesticide chemical is a moderate eye irritant and a mild As part of its evaluation of the residue in or on a food) only if EPA emergency exemption application, EPA skin irritant. It is not a skin sensitizer. determines that the tolerance is ‘‘safe.’’ The liver is the primary target organ in assessed the potential risks presented by Section 408(b)(2)(A)(ii) of FFDCA residues of metconazole in or on the mouse, rat and dog following oral defines ‘‘safe’’ to mean that ‘‘there is a exposure to metconazole via subchronic sugarcane, cane and sugarcane, reasonable certainty that no harm will molasses. In doing so, EPA considered or chronic exposure durations. result from aggregate exposure to the Developmental studies in rats and the safety standard in section 408(b)(2) pesticide chemical residue, including of FFDCA, and EPA decided that the rabbits show some evidence of all anticipated dietary exposures and all developmental effects, but only at dose necessary tolerances under section other exposures for which there is 408(l)(6) of FFDCA would be consistent levels that are maternally toxic. reliable information.’’ This includes Metconazole did not demonstrate the with the safety standard and with exposure through drinking water and in FIFRA section 18. Consistent with the potential for neurotoxicity in the four residential settings, but does not include species (mouse, rat, dog and rabbit) need to move quickly on the emergency occupational exposure. Section exemption in order to address an urgent tested. Metconazole is considered 408(b)(2)(C) of FFDCA requires EPA to nongenotoxic and liver tumors seen in non-routine situation and to ensure that give special consideration to exposure the resulting food is safe and lawful, a chronic mouse study appear to have of infants and children to the pesticide been formed via a mitogenic mode of EPA is issuing these tolerances without chemical residue in establishing a notice and opportunity for public action and therefore, metconazole is tolerance and to ‘‘ensure that there is a classified as ‘‘not likely to be comment as provided in section reasonable certainty that no harm will 408(l)(6) of FFDCA. Although these carcinogenic to humans’’ at levels that result to infants and children from time-limited tolerances expire and are do not cause mitogenesis. aggregate exposure to the pesticide revoked on December 31, 2011, under Specific information on the studies chemical residue....’’ section 408(l)(5) of FFDCA, residues of received and the nature of the adverse the pesticide not in excess of the Consistent with FFDCA section effects caused by metconazole as well as amounts specified in the tolerances 408(b)(2)(D), and the factors specified in the no-observed-adverse-effect-level remaining in or on sugarcane, cane and FFDCA section 408(b)(2)(D), EPA has (NOAEL) and the lowest-observed- sugarcane, molasses after that date will reviewed the available scientific data adverse-effect-level (LOAEL) from the not be unlawful, provided the pesticide and other relevant information in toxicity studies can be found at http:// was applied in a manner that was lawful support of this action. EPA has www.regulations.gov under docket ID under FIFRA, and the residues do not sufficient data to assess the hazards of number EPA–HQ–OPP–2006–0855. and to make a determination on exceed a level that was authorized by B. Toxicological Endpoints these time-limited tolerances at the time aggregate exposure for the residues of of that application. EPA will take action metconazole, including its metabolites For hazards that have a threshold to revoke these time-limited tolerances and degradates, in or on corn, field, below which there is no appreciable earlier if any experience with, scientific forage; corn, field, grain; corn, field, risk, a toxicological point of departure data on, or other relevant information stover; corn, pop, grain; corn, pop, (POD) is identified as the basis for on this pesticide indicate that the stover; corn, sweet, forage; corn, sweet, derivation of reference values for risk residues are not safe. kernel plus cob with husks removed; assessment. The POD may be defined as Because these time-limited tolerances corn, sweet, stover; cotton, undelinted the highest dose at which no adverse are being approved under emergency seed; cotton, gin byproducts; canola effects are observed (the NOAEL) in the conditions, EPA has not made any seed, and eggs. Additionally, EPA has toxicology study identified as decisions about whether metconazole sufficient data to assess the hazards of appropriate for use in risk assessment. meets FIFRA’s registration requirements and to make a determination on However, if a NOAEL cannot be for use in or on sugarcane, cane and aggregate exposure expected as a result determined, the lowest dose at which sugarcane, molasses or whether of the additional emergency exemption adverse effects of concern are identified permanent tolerances for this use would request and the time-limited tolerances (the LOAEL) or a Benchmark Dose be appropriate. Under these for the residues of metconazole (BMD) approach is sometimes used for circumstances, EPA does not believe including its metabolites and risk assessment. Uncertainty/safety that these time-limited tolerances serve degradates, in or on sugarcane, cane at factors (UFs) are used in conjunction as a basis for registration of metconazole 1.6 ppm and sugarcane, molasses at 3.2 with the POD to take into account by a State for Special Local Needs under ppm. EPA’s assessment of exposures uncertainties inherent in the FIFRA section 24(c). Nor does this and risks associated with establishing extrapolation from laboratory animal tolerance serve as the basis for persons the permanent and time-limited data to humans and in the variations in in any State other than Florida and tolerances follows. sensitivity among members of the
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human population as well as other commodities), maximum residue values Modeled estimates of drinking water unknowns. Safety is assessed for acute for the metabolites from field trials were concentrations were directly entered and chronic dietary risks by comparing added to the metconazole tolerance into the dietary exposure model. For aggregate food and water exposure to levels. Default concentration factors acute dietary risk assessment, the water the pesticide to the acute population were used for processed commodities concentration value of 45 ppb was used adjusted dose (aPAD) and chronic that do not have tolerances. to assess the contribution to drinking population adjusted dose (cPAD). The ii. Chronic exposure. In conducting water. For chronic dietary risk aPAD and cPAD are calculated by the chronic dietary exposure assessment assessment, the water concentration dividing the POD by all applicable UFs. EPA used the same assumptions as value of 31 ppb was used to assess the Aggregate short-term, intermediate-term, stated in Unit C.1.i. for acute exposure. contribution to drinking water. and chronic-term risks are evaluated by iii. Cancer. Metconazole is classified 3. From non-dietary exposure. The comparing food, water, and residential as ‘‘not likely to be carcinogenic to term ‘‘residential exposure’’ is used in exposure to the POD to ensure that the humans’’ at levels that do not cause this document to refer to non- margin of exposure (MOE) called for by mitogenesis. The cPAD would be occupational, non-dietary exposure the product of all applicable UFs is not protective of mitogenesis/carcinogenesis (e.g., for lawn and garden pest control, exceeded. This latter value is referred to and the chronic exposure assessment is indoor pest control, termiticides, and as the Level of Concern (LOC). appropriate for evaluating cancer risk. flea and tick control on pets). For non-threshold risks, the Agency iv. Anticipated residue information. Metconazole is currently registered assumes that any amount of exposure Section 408(b)(2)(E) of FFDCA for the following residential non-dietary sites: Turf and ornamentals. Adult will lead to some degree of risk. Thus, authorizes EPA to use available data and residential handlers may be exposed to the Agency estimates risk in terms of the information on the anticipated residue metconazole as a result of applying probability of an occurrence of the levels of pesticide residues in food and metconazole to turf and ornamentals. adverse effect greater than that expected the actual levels of pesticide residues Because dermal toxicity endpoints for in a lifetime. For more information on that have been measured in food. If EPA the appropriate duration of exposure the general principles EPA uses in risk relies on such information, EPA must were not identified, only residential characterization and a complete require pursuant to FFDCA section handler inhalation short-term exposures description of the risk assessment 408(f)(1) that data be provided 5 years process, see http://www.epa.gov/ were assessed. Additionally, adults and after the tolerance is established, pesticides/factsheets/riskassess.htm. adolescents may experience short-term modified, or left in effect, demonstrating A summary of the toxicological and intermediate-term dermal post- endpoints for metconazole used for that the levels in food are not above the application exposure from golfing and human risk assessment is discussed in levels anticipated. For the present other activities on treated turf. Toddlers Unit III.B. of the final rule published in action, EPA will issue such data call-ins may experience short-term and the Federal Register of April 28, 2008 as are required by FFDCA section intermediate-term dermal and (73 FR 22823) (FRL–8360–5). 408(b)(2)(E) and authorized under incidental oral exposure from activities FFDCA section 408(f)(1). Data will be on treated turf. However, because C. Exposure Assessment required to be submitted no later than dermal toxicity endpoints for the 1. Dietary exposure from food and 5 years from the date of issuance of appropriate durations of exposure were feed uses. In evaluating dietary these tolerances. not identified, and because inhalation exposure to metconazole, EPA 2. Dietary exposure from drinking exposure is considered to be considered exposure under the water. The Agency used screening level insignificant for post-application petitioned-for tolerances as well as all water exposure models in the dietary exposures, only toddler incidental oral existing metconazole tolerances in 40 exposure analysis and risk assessment post-application exposures were CFR 180.617. EPA assessed dietary for metconazole in drinking water. assessed. exposures from metconazole and its These simulation models take into 4. Cumulative effects from substances metabolites, in food as follows: account data on the physical, chemical, with a common mechanism of toxicity. i. Acute exposure. Quantitative acute and fate/transport characteristics of Section 408(b)(2)(D)(v) of FFDCA dietary exposure and risk assessments metconazole. Further information requires that, when considering whether are performed for a food-use pesticide, regarding EPA drinking water models to establish, modify, or revoke a if a toxicological study has indicated the used in pesticide exposure assessment tolerance, the Agency consider possibility of an effect of concern can be found at http://www.epa.gov/ ‘‘available information’’ concerning the occurring as a result of a 1–day or single oppefed1/models/water/index.htm. cumulative effects of a particular exposure. Based on the Pesticide Root Zone pesticide’s residues and ‘‘other In estimating acute dietary exposure, Model/Exposure Analysis Modeling substances that have a common EPA used food consumption System (PRZM/EXAMS) and Screening mechanism of toxicity.’’ information from the United States Concentration in Ground Water (SCI- Metconazole is a member of the Department of Agriculture (USDA) GROW) models, the estimated triazole-containing class of pesticides. 1994–1996 and 1998 Nationwide environmental concentrations (EECs) of Although conazoles act similarly in Continuing Surveys of Food Intake by metconazole for acute exposures are plants (fungi) by inhibiting ergosterol Individuals (CSFII). An acute dietary estimated to be 45 parts per billion biosynthesis, there is not necessarily a (food and drinking water) analysis for (ppb) for surface water and 0.38 ppb for relationship between their pesticidal metconazole was conducted using ground water. The EECs for chronic activity and their mechanism of toxicity tolerance level residues (for parent exposures for non-cancer assessments in mammals. Structural similarities do compound) and 100 percent crop are estimated to be 31 ppb for surface not constitute a common mechanism of treated (%CT) for all existing and water and 0.38 ppb for ground water. toxicity. Evidence is needed to establish proposed uses. For commodities that The EECs for chronic exposures for that the chemicals operate by the same, include metabolites as residues of cancer assessments are estimated to be or essentially the same, sequence of concern in the risk assessment (i.e., 22 ppb for surface water and 0.38 ppb major biochemical events. In conazoles, cereal grains and livestock for ground water. however, a variable pattern of
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toxicological responses is found. Some (canola, corn, cotton, and sugarcane; splenic effects including increased are hepatotoxic and hepatocarcinogenic PP#s 7F7221, 7F7292, 08FL03), spleen weight and spleen congestion are in mice. Some induce thyroid tumors in propiconazole (beets, parsley, and likely a secondary effect of increased rats. Some induce developmental, pineapple; PP# 7F7300), erythropoiesis due to a reduction in reproductive, and neurological effects in prothioconazole (wheat and barley; PP# erythroctyes. The Agency does not rodents. Furthermore, the conazoles 7F7279), and tetraconazole (grapes; PP# believe that conducting an produce a diverse range of biochemical 7E7273). These updated dietary and immunotoxicity study (OPPTS events including altered cholesterol aggregate assessments are below the 870.7800) will result in a NOAEL lower levels, stress responses, and altered Agency’s LOC. These updated triazole than 4.3 mg/kg/day, which is presently DNA methylation. It is not clearly risk assessments can be found in the used as the chronic Reference dose understood whether these biochemical dockets associated with this Rule at (cRfD) point of departure. An additional events are directly connected to their http://www.regulations.gov (Docket IDs uncertainty factor for database toxicological outcomes. Thus, there is EPA–HQ–OPP–2007–0514 and EPA– uncertainties (UFDB) does not need to currently no evidence to indicate that HQ–OPP–2008–0718). be applied. conazoles share common mechanisms of 4. Conclusion. EPA has determined D. Safety Factor for Infants and that reliable data show the safety of toxicity and EPA is not following a Children cumulative risk approach based on a infants and children would be common mechanism of toxicity for the 1. In general. Section 408(b)(2)(c) of adequately protected if the FQPA SF conazoles. For information regarding FFDCA provides that EPA shall apply were reduced to 1X. That decision is EPA’s procedures for cumulating effects an additional tenfold (10X) margin of based on the following findings: from substances found to have a safety for infants and children in the i. The toxicity database for common mechanism of toxicity, see case of threshold effects to account for metconazole is complete except for EPA’s website at http://www.epa.gov/ prenatal and postnatal toxicity and the immunotoxicity testing. EPA began pesticides/cumulative. completeness of the database on toxicity requiring functional immunotoxicity and exposure unless EPA determines testing of all food and non-food use Triazole-derived pesticides can form based on reliable data that a different pesticides on December 26, 2007. Since the common metabolite, 1,2,4-triazole margin of safety will be safe for infants this requirement went into effect after and three triazole conjugates (triazole and children. This additional margin of the tolerance petition was submitted, alanine, triazole acetic acid, and safety is commonly referred to as the these studies are not yet available for triazolylpyruvic acid). To support FQPA SF. In applying this provision, metconazole. The Agency has evaluated existing tolerances and to establish new EPA either retains the default value of the available metconazole toxicity tolerances for triazole-derivative 10X, or uses a different additional SF database and has determined there is no pesticides, including metconazole, EPA when reliable data available to EPA evidence of immunotoxicity. Due to the conducted a human health risk support the choice of a different factor. lack of evidence of immunotoxicity for assessment for exposure to 1,2,4- 2. Prenatal and postnatal sensitivity. metconazole, EPA does not believe that triazole, triazole alanine, and triazole Acceptable developmental toxicity conducting immunotoxicity testing will acetic acid resulting from the use of all studies are available in the rat and result in a NOAEL less than the NOAEL current and pending uses of any rabbit as well as a 2–generation of 4.3 mg/kg/day, which is already triazole-derived fungicide as of reproductive toxicity study in the rat. established as the cRfD point of September 1, 2005. The risk assessment There is no evidence of susceptibility departure for metconazole. An is a highly conservative, screening-level following in utero exposure in the additional factor (UFDB) for database evaluation in terms of hazards rabbit. In the rat there is qualitative uncertainties is not needed to account associated with common metabolites evidence of susceptibility, however the for potential immunotoxicity. (e.g., use of a maximum combination of concern is low since the developmental ii. There was no evidence of uncertainty factors) and potential effects are characterized as variations neurotoxicity observed in the toxicology dietary and non-dietary exposures (i.e., (not malformations), occur in the database and there is no need for a high end estimates of both dietary and presence of maternal toxicity, the developmental neurotoxicity study or non-dietary exposures). In addition, the NOAELs are well defined, and the dose/ additional uncertainty factors to account Agency retained the additional 10X endpoint is used for acute dietary risk for neurotoxicity. FQPA safety factor (SF) for the assessment for the sensitive population. iii. There is no evidence of protection of infants and children. The There is no evidence of increased susceptibility following in utero assessment included evaluations of risks susceptibility in the offspring based on exposure in the rabbit or in young rats for various subgroups, including those the result of the 2–generation in the 2–generation reproduction study. comprised of infants and children. The reproduction study. In the rat there is qualitative evidence Agency’s September 1, 2005 risk 3. Immunotoxicity. An of susceptibility, however the concern is assessment can be found in the immunotoxicity study is one of the new low since the developmental effects are propiconazole reregistration docket at 40 CFR Part 158 toxicological data characterized as variations (not http://www.regulations.gov, Docket requirements. The Agency has evaluated malformations), occur in the presence of Identification Number EPA–HQ–OPP– the available metconazole toxicity maternal toxicity, the NOAELs are well 2005–0497. In October and December of database and has determined there is no defined, and the dose/endpoint is used 2008, EPA updated the dietary and evidence of immunotoxicity. Splenic for acute dietary risk assessment for the aggregate risk assessments for exposure effects were observed in the subchronic sensitive population. to 1,2,4-triazole, triazole alanine, and chronic rat (19.2 and 56.2 iv. There are no residual uncertainties triazole acetic acid, and triazolylpyruvic milligrams/kilogram/day (mg/kg/day), identified in the exposure databases. acid resulting from the use of all current respectively), subchronic and cancer Dietary exposure assessments were and pending uses of any triazole- mouse (50.5 and 56.2 mg/kg/day, conducted using tolerance level derived fungicide to support existing respectively) and subchronic and residues and assumed 100% crop tolerances and to establish new chronic dog (22.5 and 114 mg/kg/day, treated for all crops. Therefore, the acute tolerances for new uses of metconazole respectively). However, the observed and chronic dietary, food only, exposure
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is considered an upper bound result in short-term residential exposure IV. Other Considerations conservative estimate. Acute and and the Agency has determined that it A. Analytical Enforcement Methodology chronic exposure estimates in this is appropriate to aggregate chronic food, analysis are unlikely to underestimate water, and short-term exposures for the Adequate enforcement methodology actual exposure. The drinking water residues of metconazole, including its (gas chromatography/nitrogen- component of the dietary assessment metabolites and degradates. phosphorus detection (GC/NPD) and utilizes water concentration values liquid chromatography/mass Using the exposure assumptions spectrometry/mass spectrometry (LC/ generated by model and associated described in this unit for short-term modeling parameters which are MS/MS) Method) is available to enforce exposures, EPA has concluded that designed to provide conservative, health the tolerance expression. The methods short-term aggregate MOE from dietary protective, high-end estimates of water may be requested from: Chief, exposure (food + drinking water) and concentrations which will not likely be Analytical Chemistry Branch, non-occupational/residential handler exceeded. While there is potential for Environmental Science Center, 701 post application residential exposure, exposure (inhalation) for adults is 1,900. Mapes Rd., Ft. Meade, MD 20755–5350; the Agency used the current The short-term aggregate MOE from telephone number: (410) 305–2905; e- conservative approaches for residential dietary exposure (food + drinking water) mail address: [email protected]. and non-occupational/residential assessment. The Agency believes that B. International Residue Limits the calculated risks represent exposure (incidental oral) for children conservative estimates of exposure 1–2 years old is 430. These MOEs are There are currently no Codex, because maximum application rates are not of concern to the Agency since they Canadian, or Mexican MRLs established used to define residue levels upon are greater than the LOC of 100. for metconazole. which the calculations are based. 4. Intermediate-term risk. C. Response to Comments E. Aggregate Risks and Determination of Intermediate-term risk takes into account residential exposure plus EPA received a total of three Safety comments with regard to either EPA– chronic exposure to food and water HQ–OPP–2007–0514 or EPA–HQ–OPP– EPA determines whether acute and (considered to be a background 2008–0718. One of the comments chronic pesticide exposures are safe by exposure level). Metconazole is appeared to have been filed in error as comparing aggregate exposure estimates currently registered for uses that could it discussed the security requirements to the aPAD and cPAD. The aPAD and result in intermediate-term residential for aircraft exceeding 12,500 lbs. The cPAD represent the highest safe exposure and the Agency has remaining two comments expressed exposures, taking into account all determined that it is appropriate to concern regarding the potential for appropriate SFs. EPA calculates the aggregate chronic food, water, and residues of metconazole to remain in the aPAD and cPAD by dividing the POD by intermediate-term exposures for the human body and the potential for all applicable UFs. For linear cancer residues of metconazole, including its risks, EPA calculates the probability of adverse effects from pesticide metabolites and degradates. additional cancer cases given the application. EPA responds that before a estimated aggregate exposure. Short- Using the exposure assumptions chemical is registered for a particular term, intermediate-term, and chronic- described in this unit for intermediate- use pattern a registrant is required to term risks are evaluated by comparing term exposures, EPA has concluded that submit extensive data regarding the the estimated aggregate food, water, and intermediate-term aggregate MOEs from nature of the chemical and the potential residential exposure to the POD to dietary exposure (food + drinking water) for adverse effects on either the human ensure that the MOE called for by the and non-occupational/residential or ecological population. This data is product of all applicable UFs is not handler exposure (inhalation) for adults evaluated using the most conservative exceeded. is 1,400. The intermediate-term and stringent methods of safety, 1. Acute risk. Using the exposure aggregate MOE from dietary exposure including the addition of extra SFs assumptions discussed in this unit for (food + drinking water) and non- established for the protection of infants acute exposure, the acute dietary occupational/residential exposure and children in order to ensure the well- exposure from food and water to the (incidental oral) for children 1–2 years being of the general U.S. population and residues of metconazole, including its old is 480. These MOEs are not of various population subgroups. metabolites and degradates, will occupy concern to the Agency since they are D. Revisions to Petitioned-For 3.7% of the aPAD for the population greater than the LOC of 100. Tolerances group (females 13–49 years old) 5. Aggregate cancer risk for U.S. Based upon review of the data receiving the greatest exposure. population. Metconazole is classified as 2. Chronic risk. Using the exposure supporting the petition for tolerance for ‘‘not likely to be carcinogenic to assumptions described in this unit for corn commodities, EPA has modified humans’’ at levels that do not cause chronic exposure, EPA has concluded the proposed tolerance levels for corn mitogenesis. As explained above, the that exposure to the residues of commodites as follows: Corn, field, cPAD is protective of mitogenesis and metconazole, including its metabolites forage decreased from 3.5 ppm to 3.0 because the chronic risk assessment for and degradates, from food and water ppm and corn, sweet, forage decreased metconazole shows exposure to be will utilize 5.6% of the cPAD for the from 3.5 ppm to 3.0 ppm. EPA revised below the cPAD, there is no cancer U.S. population and 12% of the cPAD these tolerance levels based on analysis concern. for the most highly exposed population of the residue field trial data using the group (children 1–2 years old). 6. Determination of safety. Based on Agency’s Tolerance Spreadsheet in 3. Short-term risk. Short-term risk these risk assessments, EPA concludes accordance with the Agency’s Guidance takes into account residential exposure that there is a reasonable certainty that for Setting Pesticide Tolerances Based plus chronic exposure to food and water no harm will result to the general on Field Trial Data Standard Operating (considered to be a background population, or to infants and children Procedure (SOP). Additionally, no exposure level). Metconazole is from aggregate exposure to metconazole specific tolerance for corn, field, currently registered for uses that could residues. aspirated grain fractions is required
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since residues from this commodity are Executive Order 12866, this rule is not VII. Congressional Review Act covered under the established 7.0 ppm subject to Executive Order 13211, The Congressional Review Act, 5 tolerance for ‘‘grain, aspirated grain Actions Concerning Regulations That U.S.C. 801 et seq., generally provides fractions.’’ EPA is establishing a Significantly Affect Energy Supply, that before a rule may take effect, the tolerance for metconazole residues in Distribution, or Use (66 FR 28355, May agency promulgating the rule must egg at 0.04 ppm because quantifiable 22, 2001) or Executive Order 13045, submit a rule report to each House of residues of cis-metconazole were found entitled Protection of Children from the Congress and to the Comptroller in eggs in the animal feed study Environmental Health Risks and Safety General of the United States. EPA will involving hens. Finally, EPA is Risks (62 FR 19885, April 23, 1997). submit a report containing this rule and modifying the tolerance expression for This final rule does not contain any other required information to the U.S. metconazole, as it applies to the newly- information collections subject to OMB Senate, the U.S. House of established tolerances, to clarify the approval under the Paperwork Representatives, and the Comptroller scope of the tolerance and how Reduction Act (PRA), 44 U.S.C. 3501 et General of the United States prior to compliance with the tolerance levels is seq., nor does it require any special publication of this final rule in the to be determined. The revised tolerance considerations under Executive Order Federal Register. This final rule is not expression makes clear that the 12898, entitled Federal Actions to a ‘‘major rule’’ as defined by 5 U.S.C. tolerance covers metconazole, including Address Environmental Justice in 804(2). all of its metabolites and degradates, Minority Populations and Low-Income although compliance with the residue Populations (59 FR 7629, February 16, List of Subjects in 40 CFR Part 180 levels specified in the tolerance is to be determined by measuring only 1994). Environmental protection, metconazole (5-[4(-chlorophenyl)- Since tolerances and exemptions that Administrative practice and procedure, methyl]-2, 2-dimethyl-1-(1H-1,2,4- are established on the basis of a petition Agricultural commodities, Pesticides triazol-1-ylmethyl)cyclopentanol) as the under section 408(d) of FFDCA, such as and pests, Reporting and recordkeeping sum of its cis- and trans-isomers. The the tolerance in this final rule, do not requirements. new tolerances will be included in a require the issuance of a proposed rule, new paragraph with the revised the requirements of the Regulatory Dated: April 24, 2009. tolerance expression. This revised Flexibility Act (RFA) (5 U.S.C. 601 et Daniel J. Rosenblatt, expression is meant to capture more seq.) do not apply. Acting Director, Registration Division, Office of Pesticide Programs. precisely EPA’s intent with regard to the This final rule directly regulates tolerance expression for the exisiting ■ growers, food processors, food handlers, Therefore, 40 CFR chapter I is tolerances. EPA plans to update the amended as follows: and food retailers, not States or tribes, tolerance expression for the existing nor does this action alter the tolerances in its next metconazole PART 180—[AMENDED] tolerance action. relationships or distribution of power and responsibilities established by ■ 1. The authority citation for part 180 V. Conclusion Congress in the preemption provisions continues to read as follows: Therefore, tolerances are established of section 408(n)(4) of FFDCA. As such, Authority: 21 U.S.C. 321(q), 346a and 371. for the residues of metconazole, 5-[(4- the Agency has determined that this ■ 2. Section 180. 617 is amended by: chlorophenyl)-methyl]-2,2-dimethyl-1- action will not have a substantial direct i. Redesignating paragraph (a) as (1H-1,2,4-triazol-1- effect on States or tribal governments, paragraph (a)(1); ylmethyl)cyclopentanol, including its on the relationship between the national ii. Adding paragraph (a)(2); and metabolites and degradates, in or on government and the States or tribal iii. Revising paragraph (b) to read as canola seed at 0.04 ppm; corn, field, governments, or on the distribution of follows: forage at 3.0 ppm; corn, field, grain at power and responsibilities among the 0.02 ppm; corn, field, stover at 4.5 ppm; § 180.617 Metconazole; tolerances for various levels of government or between residues. corn, pop, grain at 0.02 ppm; corn, pop, the Federal Government and Indian stover at 4.5 ppm; corn, sweet, forage at tribes. Thus, the Agency has determined (a) General. (1) * * *. (2). Tolerances are established for the 3.0 ppm; corn, sweet, kernel plus cob that Executive Order 13132, entitled residues of the fungicide metconazole, with husks removed at 0.01 ppm; corn, Federalism (64 FR 43255, August 10, including its metabolites and sweet, stover at 4.5 ppm; cotton, 1999) and Executive Order 13175, degradates, in or on commodities in the undelinted seed at 0.25 ppm; cotton, gin entitled Consultation and Coordination following table. Compliance with the byproducts at 8.0 ppm; egg at 0.04 ppm; with Indian Tribal Governments (65 FR and time-limited tolerances for tolerance levels specified in the table is 67249, November 9, 2000) do not apply to be determined by measuring only sugarcane, cane at 1.6 ppm and to this rule. In addition, This rule does sugarcane, molasses at 3.2 ppm. metconazole, 5-[(4-chlorophenyl)- not impose any enforceable duty or methyl]-2,2-dimethyl-1-(1H-1,2,4- VI. Statutory and Executive Order contain any unfunded mandate as triazol-1-ylmethyl)cyclopentanol) as the Reviews described under Title II of the Unfunded sum of its cis- and trans- isomers in or Mandates Reform Act of 1995 (UMRA) This final rule establishes tolerances on the following commodities: (Public Law 104–4). under section 408(d) of FFDCA in response to a petition submitted to the This action does not involve any Agency. The Office of Management and technical standards that would require Commodity Parts per million Agency consideration of voluntary Budget (OMB) has exempted these types Canola seed ...... 0.04 of actions from review under Executive consensus standards pursuant to section Corn, field, forage ...... 3.0 Order 12866, entitled Regulatory 12(d) of the National Technology Corn, field, grain ...... 0.02 Planning and Review (58 FR 51735, Transfer and Advancement Act of 1995 Corn, field, stover ...... 4.5 October 4, 1993). Because this rule has (NTTAA), Public Law 104–113, section Corn, pop, grain ...... 0.02 been exempted from review under 12(d) (15 U.S.C. 272 note). Corn, pop, stover ...... 4.5
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Commodity Parts per million (b) Section 18 emergency exemptions. dates specified in the following table. Time-limited tolerances are established Compliance with the tolerance levels Corn, sweet, forage ...... 3.0 for the residues of the fungicide specified below is to be determined by Corn, sweet, kernel plus metconazole, including its metabolites measuring only metconazole (5-[(4- cob with husks re- and degradates, in or on the chlorophenyl)-methyl]-2,2-dimethyl-1- moved ...... 0.01 commodities listed in the following (1H-1,2,4-triazol-1- Corn, sweet, stover ...... 4.5 table in connection with the use of the Cotton, undelinted seed 0.25 ylmethyl)cyclopentanol) as the sum of pesticide under section 18 emergency Cotton, gin byproducts ... 8.0 its cis- and trans-isomers in or on the Egg ...... 0.04 exemptions granted by EPA. The following commodities: tolerances expire and are revoked on the
Expiration/revoca- Commodity Parts per million tion date
Sugarcane, cane ...... 1.6 12/31/11 Sugarcane, molasses ...... 3.2 12/31/11
* * * * * Emergency Management Agency, 500 C construction or acquisition of buildings [FR Doc. E9–10500 Filed 5–6–09; 8:45 am] Street, SW., Washington, DC 20472, in identified SFHAs for communities BILLING CODE 6560–50–S (202) 646–2953. not participating in the NFIP and SUPPLEMENTARY INFORMATION: The NFIP identified for more than a year, on enables property owners to purchase FEMA’s initial flood insurance map of DEPARTMENT OF HOMELAND flood insurance which is generally not the community as having flood-prone SECURITY otherwise available. In return, areas (section 202(a) of the Flood communities agree to adopt and Disaster Protection Act of 1973, 42 Federal Emergency Management administer local floodplain management U.S.C. 4106(a), as amended). This Agency aimed at protecting lives and new prohibition against certain types of construction from future flooding. Federal assistance becomes effective for 44 CFR Part 64 Section 1315 of the National Flood the communities listed on the date [Docket ID FEMA–2008–0020; Internal Insurance Act of 1968, as amended, 42 shown in the last column. The Agency Docket No. FEMA–8073] U.S.C. 4022, prohibits flood insurance Administrator finds that notice and coverage as authorized under the NFIP, public comment under 5 U.S.C. 553(b) Suspension of Community Eligibility 42 U.S.C. 4001 et seq.; unless an are impracticable and unnecessary appropriate public body adopts because communities listed in this final AGENCY: Federal Emergency adequate floodplain management rule have been adequately notified. Management Agency, DHS. measures with effective enforcement Each community receives 6-month, ACTION: Final rule. measures. The communities listed in 90-day, and 30-day notification letters this document no longer meet that SUMMARY: This rule identifies addressed to the Chief Executive Officer statutory requirement for compliance communities, where the sale of flood stating that the community will be with program regulations, 44 CFR part insurance has been authorized under suspended unless the required 59. Accordingly, the communities will the National Flood Insurance Program floodplain management measures are be suspended on the effective date in (NFIP), that are scheduled for met prior to the effective suspension the third column. As of that date, flood suspension on the effective dates listed date. Since these notifications were insurance will no longer be available in within this rule because of made, this final rule may take effect the community. However, some of these within less than 30 days. noncompliance with the floodplain communities may adopt and submit the management requirements of the required documentation of legally National Environmental Policy Act. program. If the Federal Emergency enforceable floodplain management This rule is categorically excluded from Management Agency (FEMA) receives measures after this rule is published but the requirements of 44 CFR part 10, documentation that the community has prior to the actual suspension date. Environmental Considerations. No adopted the required floodplain These communities will not be environmental impact assessment has management measures prior to the suspended and will continue their been prepared. effective suspension date given in this eligibility for the sale of insurance. A Regulatory Flexibility Act. The rule, the suspension will not occur and notice withdrawing the suspension of Administrator has determined that this a notice of this will be provided by the communities will be published in rule is exempt from the requirements of publication in the Federal Register on a the Federal Register. the Regulatory Flexibility Act because subsequent date. In addition, FEMA has identified the the National Flood Insurance Act of DATES: Effective Dates: The effective Special Flood Hazard Areas (SFHAs) in 1968, as amended, 42 U.S.C. 4022, date of each community’s scheduled these communities by publishing a prohibits flood insurance coverage suspension is the third date (‘‘Susp.’’) Flood Insurance Rate Map (FIRM). The unless an appropriate public body listed in the third column of the date of the FIRM, if one has been adopts adequate floodplain management following tables. published, is indicated in the fourth measures with effective enforcement FOR FURTHER INFORMATION CONTACT: If column of the table. No direct Federal measures. The communities listed no you want to determine whether a financial assistance (except assistance longer comply with the statutory particular community was suspended pursuant to the Robert T. Stafford requirements, and after the effective on the suspension date or for further Disaster Relief and Emergency date, flood insurance will no longer be information, contact David Stearrett, Assistance Act not in connection with a available in the communities unless Mitigation Directorate, Federal flood) may legally be provided for remedial action takes place.
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Regulatory Classification. This final Paperwork Reduction Act. This rule PART 64—[AMENDED] rule is not a significant regulatory action does not involve any collection of under the criteria of section 3(f) of information for purposes of the ■ 1. The authority citation for part 64 Executive Order 12866 of September 30, Paperwork Reduction Act, 44 U.S.C. continues to read as follows: 1993, Regulatory Planning and Review, 3501 et seq. Authority: 42 U.S.C. 4001 et seq.; 58 FR 51735. Reorganization Plan No. 3 of 1978, 3 CFR, Executive Order 13132, Federalism. List of Subjects in 44 CFR Part 64 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, This rule involves no policies that have 3 CFR, 1979 Comp.; p. 376. Flood insurance, Floodplains. federalism implications under Executive § 64.6 [Amended] Order 13132. ■ Accordingly, 44 CFR part 64 is Executive Order 12988, Civil Justice amended as follows: ■ 2. The tables published under the Reform. This rule meets the applicable authority of § 64.6 are amended as standards of Executive Order 12988. follows:
Date certain fed- Community Effective date authorization/cancellation of Current effective eral assistance State and location No. sale of flood insurance in community map date no longer avail- able in SFHAs
Region III Pennsylvania: Bellefonte, Borough of, Centre County 420257 March 30, 1973, Emerg; February 2, 1977, May 4, 2009 ..... May 7, 3009. Reg; May 7, 3009, Susp. Benner, Township of, Centre County .... 421460 April 7, 1975, Emerg; February 2, 1977, ...... do* ...... Do. Reg; May 7, 3009, Susp. Boggs, Township of, Centre County ..... 421193 September 16, 1975, Emerg; August 15, ...... do ...... Do. 1989, Reg; May 7, 3009, Susp. Burnside, Township of, Centre County 421461 April 17, 1975, Emerg; January 17, 1986, ...... do ...... Do. Reg; May 7, 3009, Susp. Collge, Township of, Centre County ..... 420259 April 19, 1973, Emerg; July 4, 1989, Reg; ...... do ...... Do. May 7, 3009, Susp. Curtin, Township of, Centre County ...... 421462 November 15, 1974, Emerg; June 5, 1989, ...... do ...... Do. Reg; May 7, 3009, Susp. Ferguson, Township of, Centre County 420260 May 17, 1973, Emerg; July 17, 1989, Reg; ...... do ...... Do. May 7, 3009, Susp. Gregg, Township of, Centre County ..... 421194 April 29, 1975, Emerg; November 2, 1984, ...... do ...... Do. Reg; May 7, 3009, Susp. Haines, Township of, Centre County .... 420261 March 30, 1973, Emerg; August 1, 1978, ...... do ...... Do. Reg; May 7, 3009, Susp. Halfmoon, Township of, Centre County 421463 April 30, 1975, Emerg; October 13, 1978, ...... do ...... Do. Reg; May 7, 3009, Susp. Harris, Township of, Centre County ...... 420262 June 6, 1973, Emerg; June 5, 1989, Reg; ...... do ...... Do. May 7, 3009, Susp. Howard, Borough of, Centre County..... 420263 May 13, 1975, Emerg; August 3, 1989, ...... do ...... Do. Reg; May 7, 3009, Susp. Howard, Township of, Centre County ... 421464 February 9, 1976, Emerg; August 3, 1989, ...... do ...... Do. Reg; May 7, 3009, Susp. Huston, Township of, Centre County .... 421195 September 15, 1975, Emerg; June 5, 1989, ...... do ...... Do. Reg; May 7, 3009, Susp. Liberty, Township of, Centre County ..... 421196 April 13, 1976, Emerg; June 5, 1989, Reg; ...... do ...... Do. May 7, 3009, Susp. Marion, Township of, Centre County .... 421465 July 29, 1975, Emerg; November 2, 1984, ...... do ...... Do. Reg; May 7, 3009, Susp. Miles, Township of, Centre County...... 421197 March 10, 1975, Emerg; December 4, ...... do ...... Do. 1985, Reg; May 7, 3009, Susp. Milesburg, Borough of, Centre County .. 420264 June 17, 1975, Emerg; February 2, 1977, ...... do ...... Do. Reg; May 7, 3009, Susp. Millheim, Borough of, Centre County .... 420265 July 3, 1975, Emerg; June 5, 1989, Reg; ...... do ...... Do. May 7, 3009, Susp. Patton, Township of, Centre County ..... 420266 June 6, 1973, Emerg; February 19, 1986, ...... do ...... Do. Reg; May 7, 3009, Susp. Penn, Township of, Centre County ...... 421466 September 24, 1974, Emerg; October 17, ...... do ...... Do. 1989, Reg; May 7, 3009, Susp. Philipsburg, Borough of, Centre County 420267 August 15, 1974, Emerg; August 15, 1990, ...... do ...... Do. Reg; May 7, 3009, Susp. Port Matilda, Borough of, Centre Coun- 420268 January 7, 1975, Emerg; November 3, ...... do ...... Do. ty. 1989, Reg; May 7, 3009, Susp. Potter, Township of, Centre County ...... 421467 July 7, 1975, Emerg; February 5, 1986, ...... do ...... Do. Reg; May 7, 3009, Susp. Rush, Township of, Centre County ...... 421468 February 11, 1975, Emerg; November 16, ...... do ...... Do. 1990, Reg; May 7, 3009, Susp. Snow Shoe, Borough of, Centre County 421459 February 18, 1976, Emerg; August 10, ...... do ...... Do. 1979, Reg; May 7, 3009, Susp. Snow Shoe, Township of, Centre Coun- 421198 February 18, 1976, Emerg; June 19, 1989, ...... do ...... Do. ty. Reg; May 7, 3009, Susp.
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Date certain fed- Community Effective date authorization/cancellation of Current effective eral assistance State and location No. sale of flood insurance in community map date no longer avail- able in SFHAs
Spring, Township of, Centre County ..... 420269 October 13, 1972, Emerg; April 15, 1977, ...... do ...... Do. Reg; May 7, 3009, Susp. State College, Borough of, Centre 420270 May 25, 1973, Emerg; June 30, 1976, Reg; ...... do ...... Do. County. May 7, 3009, Susp. Taylor, Township of, Centre County ..... 421469 June 24, 1981, Emerg; January 3, 1986, ...... do ...... Do. Reg; May 7, 3009, Susp. Union, Township of, Centre County ...... 421470 July 23, 1975, Emerg; July 17, 1989, Reg; ...... do ...... Do. May 7, 3009, Susp. Unionville, Borough of, Centre County .. 420272 November 11, 1975, Emerg; November 3, ...... do ...... Do. 1989, Reg; May 7, 3009, Susp. Walker, Township of, Centre County .... 421471 September 16, 1974, Emerg; July 17, 1989, ...... do ...... Do. Reg; May 7, 3009, Susp. Worth, Township of, Centre County...... 421472 December 8, 1975, Emerg; August 15, ...... do ...... Do. 1989, Reg; May 7, 3009, Susp. Virginia: Virginia Beach, City of, Inde- 515531 September 11, 1970, Emerg; April 23, ...... do ...... Do. pendent City 1971, Reg; May 7, 3009, Susp. Region IV Florida: Perry, City of, Taylor County ...... 120303 January 30, 1975, Emerg; May 17, 1982, ...... do ...... Do. Reg; May 7, 3009, Susp. Taylor County, Unincorporated Areas ... 120302 April 25, 1975, Emerg; November 16, 1983, ...... do ...... Do. Reg; May 7, 3009, Susp. Georgia: Gray, City of, Jones County ...... 130237 May 29, 1975, Emerg; May 21, 1982, Reg; ...... do ...... Do. May 7, 3009, Susp. Jones County, Unincorporated Areas ... 130434 November 10, 1987, Emerg; September 1, ...... do ...... Do. 1990, Reg; May 7, 3009, Susp. North Carolina: Macon County, Unincor- 370150 November 21, 2000, Emerg; June 1, 2001, ...... do ...... Do. porated Areas Reg; May 7, 3009, Susp. Tennessee: Anderson County, Unincorporated 470217 August 5, 1975, Emerg; September 5, ...... do ...... Do. Areas. 1984, Reg; May 7, 3009, Susp. Atoka, Town of, Tipton County...... 470419 NA, Emerg; May 8, 2001, Reg; May 7, ...... do ...... Do. 3009, Susp. Calhoun, City of, McMinn County ...... 470232 July 31, 1975, Emerg; July 3, 1986, Reg; ...... do ...... Do. May 7, 3009, Susp. Chester County, Unincorporated Areas 470348 November 17, 1994, Emerg; September 28, ...... do ...... Do. 2007, Reg; May 7, 3009, Susp. Clinton, City of, Anderson County ...... 470001 July 28, 1972, Emerg; July 18, 1977, Reg; ...... do ...... Do. May 7, 3009, Susp. Henderson, City of, Chester County ..... 470029 July 25, 1975, Emerg; March 18, 1986, ...... do ...... Do. Reg; May 7, 3009, Susp. Lake City, Town of, Anderson County .. 475436 October 23, 1970, Emerg; February 26, ...... do ...... Do. 1971, Reg; May 7, 3009, Susp. Maury County, Unincorporated Areas ... 470123 November 29, 1985, Emerg; November 3, ...... do ...... Do. 1989, Reg; May 7, 3009, Susp. Munford, City of, Tipton County ...... 470422 NA, Emerg; June 30, 2003, Reg; May 7, ...... do ...... Do. 3009, Susp. Norris, City of, Anderson County ...... 470003 March 11, 1975, Emerg; June 25, 1976, ...... do ...... Do. Reg; May 7, 3009, Susp. Oak Ridge, City of, Anderson, Roane 475441 December 17, 1971, Emerg; October 27, ...... do ...... Do. Counties. 1972, Reg; May 7, 3009, Susp. Tipton County, Unincorporated Areas ... 470340 July 3, 1975, Emerg; April 2, 1991, Reg; ...... do ...... Do. May 7, 3009, Susp. Region V Illinois: Cairo, City of, Alexander County...... 170004 November 5, 1971, Emerg; February 1, ...... do ...... Do. 1978, Reg; May 7, 3009, Susp. East Cape Girardeau, Village of, Alex- 170916 May 5, 1976, Emerg; December 4, 1985, ...... do ...... Do. ander County. Reg; May 7, 3009, Susp. Menard County, Unincorporated Areas 170505 May 1, 1975, Emerg; September 2, 1988, ...... do ...... Do. Reg; May 7, 3009, Susp. Petersburg, City of, Menard County...... 170506 August 11, 1975, Emerg; September 18, ...... do ...... Do. 1975, Reg; May 7, 3009, Susp. Tallula, Village of, Menard County ...... 170803 June 3, 1976, Emerg; May 25, 1978, Reg; ...... do ...... Do. May 7, 3009, Susp. Michigan: Baltimore, Township of, Barry County .. 260666 March 12, 1976, Emerg; July 18, 1985, ...... do ...... Do. Reg; May 7, 3009, Susp.
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Date certain fed- Community Effective date authorization/cancellation of Current effective eral assistance State and location No. sale of flood insurance in community map date no longer avail- able in SFHAs
Castleton, Township of, Barry County .. 260641 September 26, 1975, Emerg; May 17, 1988, ...... do ...... Do. Reg; May 7, 3009, Susp. Hastings, City of, Barry County...... 260314 January 22, 1976, Emerg; February 18, ...... do ...... Do. 1981, Reg; May 7, 3009, Susp. Hastings, Township of, Barry County .... 260648 November 19, 1975, Emerg; June 15, 1981, ...... do ...... Do. Reg; May 7, 3009, Susp. Homer, Township of, Midland County ... 260989 May 14, 1997, Emerg; NA, Reg; May 7, ...... do ...... Do. 3009, Susp. Hope, Township of, Barry County ...... 260681 June 7, 1976, Emerg; February 6, 1984, ...... do ...... Do. Reg; May 7, 3009, Susp. Irving, Township of, Barry County ...... 260354 January 31, 1991, Emerg; January 1, 1992, ...... do ...... Do. Reg; May 7, 3009, Susp. Johnstown, Township of, Barry County 260355 July 15, 1976, Emerg; April 2, 1986, Reg; ...... do ...... Do. May 7, 3009, Susp. Maple Grove, Township of, Barry Coun- 260644 October 30, 1975, Emerg; February 1, ...... do ...... Do. ty. 1986, Reg; May 7, 3009, Susp. Midland, City of, Midland, Bay Counties 260140 January 20, 1975, Emerg; June 15, 1984, ...... do ...... Do. Reg; May 7, 3009, Susp. Midland, Township of, Midland County 260857 April 12, 2007, Emerg; NA, Reg; May 7, ...... do ...... Do. 3009, Susp. Nashville, Village of, Barry County ...... 260902 July 29, 1992, Emerg; December 6, 1999, ...... do ...... Do. Reg; May 7, 3009, Susp. Rutland, Township of, Barry County..... 260656 February 13, 1976, Emerg; August 19, ...... do ...... Do. 1986, Reg; May 7, 3009, Susp. Thornapple, Township of, Barry County 260630 August 26, 1975, Emerg; February 1, 1986, ...... do ...... Do. Reg; May 7, 3009, Susp. Ohio: Bowerston, Village of, Harrison County 390257 August 8, 1975, Emerg; March 4, 1987, ...... do ...... Do. Reg; May 7, 3009, Susp. Harrison County, Unincorporated Areas 390255 July 6, 1976, Emerg; NA, Reg; May 7, ...... do ...... Do. 3009, Susp. Jewett, Village of, Harrison County ...... 390259 June 17, 1975, Emerg; July 4, 1988, Reg; ...... do ...... Do. May 7, 3009, Susp. Scio, Village of, Harrison County ...... 390261 May 30, 1975, Emerg; March 4, 1987, Reg; ...... do ...... Do. May 7, 3009, Susp. Region VII Missouri: Morgan County, Unincorporated Areas 290244 February 28, 1997, Emerg; December 1, ...... do ...... Do. 2001, Reg; May 7, 3009, Susp. Versailles, City of, Morgan County ...... 290247 November 11, 1975, Emerg; September 18, ...... do ...... Do. 1985, Reg; May 7, 3009, Susp. Nebraska: Dodge County, Unincorporated Areas .. 310068 April 18, 1975, Emerg; August 17, 1981, ...... do ...... Do. Reg; May 7, 3009, Susp. Hooper, City of, Dodge County ...... 310379 March 15, 1976, Emerg; August 4, 1987, ...... do ...... Do. Reg; May 7, 3009, Susp. Scribner, City of, Dodge County ...... 310071 May 30, 1975, Emerg; November 1, 1979, ...... do ...... Do. Reg; May 7, 3009, Susp. Winslow, Village of, Dodge County ...... 310410 March 7, 1975, Emerg; December 4, 1979, ...... do ...... Do. Reg; May 7, 3009, Susp. Region IX California: Mill Valley, City of, Marin County ...... 060177 January 21, 1972, Emerg; January 3, 1979, ...... do ...... Do. Reg; May 7, 3009, Susp. Tehama County, Unincorporated Areas 065064 April 23, 1971, Emerg; June 1, 1982, Reg; ...... do ...... Do. May 7, 3009, Susp. * do =Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Dated: April 23, 2009. at the office of the Chief Executive other Federal, State, or regional entities. Michael K. Buckley, Officer of each community. The The changes in BFEs are in accordance Acting Assistant Administrator, Mitigation respective addresses are listed in the with 44 CFR 65.4. Directorate, Department of Homeland table below. National Environmental Policy Act. Security, Federal Emergency Management FOR FURTHER INFORMATION CONTACT: This interim rule is categorically Agency. William R. Blanton Jr., Engineering excluded from the requirements of 44 [FR Doc. E9–10602 Filed 5–6–09; 8:45 am] Management Branch, Mitigation CFR part 10, Environmental BILLING CODE 9110–12–P Directorate, Federal Emergency Consideration. An environmental Management Agency, 500 C Street, SW., impact assessment has not been Washington, DC 20472, (202) 646–3151. prepared. DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: SECURITY The Regulatory Flexibility Act. As flood modified BFEs are not listed for each elevation determinations are not within Federal Emergency Management community in this interim rule. the scope of the Regulatory Flexibility Agency However, the address of the Chief Act, 5 U.S.C. 601–612, a regulatory Executive Officer of the community flexibility analysis is not required. 44 CFR Part 65 where the modified BFE determinations Regulatory Classification. This are available for inspection is provided. interim rule is not a significant [Docket ID FEMA–2008–0020; Internal Any request for reconsideration must Agency Docket No. FEMA–B–1048] regulatory action under the criteria of be based on knowledge of changed section 3(f) of Executive Order 12866 of Changes in Flood Elevation conditions or new scientific or technical September 30, 1993, Regulatory Determinations data. Planning and Review, 58 FR 51735. The modifications are made pursuant Executive Order 13132, Federalism. AGENCY: Federal Emergency to section 201 of the Flood Disaster This interim rule involves no policies Management Agency, DHS. Protection Act of 1973, 42 U.S.C. 4105, that have federalism implications under ACTION: and are in accordance with the National Interim rule. Executive Order 13132, Federalism. Flood Insurance Act of 1968, 42 U.S.C. SUMMARY: This interim rule lists 4001 et seq., and with 44 CFR part 65. Executive Order 12988, Civil Justice communities where modification of the For rating purposes, the currently Reform. This interim rule meets the Base (1% annual-chance) Flood effective community number is shown applicable standards of Executive Order Elevations (BFEs) is appropriate because and must be used for all new policies 12988. of new scientific or technical data. New and renewals. List of Subjects in 44 CFR Part 65 flood insurance premium rates will be The modified BFEs are the basis for calculated from the modified BFEs for the floodplain management measures Flood insurance, Floodplains, new buildings and their contents. that the community is required to either Reporting and recordkeeping DATES: These modified BFEs are adopt or to show evidence of being requirements. currently in effect on the dates listed in already in effect in order to qualify or ■ Accordingly, 44 CFR part 65 is the table below and revise the Flood to remain qualified for participation in amended to read as follows: Insurance Rate Maps (FIRMs) in effect the National Flood Insurance Program prior to this determination for the listed (NFIP). PART 65—[AMENDED] communities. These modified BFEs, together with From the date of the second the floodplain management criteria ■ 1. The authority citation for part 65 publication of these changes in a required by 44 CFR 60.3, are the continues to read as follows: newspaper of local circulation, any minimum that are required. They Authority: 42 U.S.C. 4001 et seq.; person has ninety (90) days in which to should not be construed to mean that Reorganization Plan No. 3 of 1978, 3 CFR, request through the community that the the community must change any 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Mitigation Assistant Administrator of existing ordinances that are more 3 CFR, 1979 Comp., p. 376. FEMA reconsider the changes. The stringent in their floodplain § 65.4 [Amended] modified BFEs may be changed during management requirements. The the 90-day period. community may at any time enact ■ 2. The tables published under the ADDRESSES: The modified BFEs for each stricter requirements of its own, or authority of § 65.4 are amended as community are available for inspection pursuant to policies established by the follows:
Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.
Arizona: Yavapai ...... City of Cottonwood March 13, 2009; March 20, The Honorable Diane Joens, Mayor, City July 20, 2009 ...... 040096 (08–09–1293P). 2009; Prescott Daily Courier. of Cottonwood, 827 North Main Street, Cottonwood, AZ 86326. Colorado: Boulder ...... City of Longmont March 12, 2009; March 19, The Honorable Roger Lange, Mayor, July 17, 2009 ...... 080027 (08–08–0011P). 2009; Longmont Times-Call. City of Longmont, 350 Kimbark Street, Longmont, CO 80501. El Paso ...... Unincorporated March 18, 2009; March 25, The Honorable Dennis Hisey, Chairman, July 23, 2009 ...... 080059 areas of El Paso 2009; El Paso County Ad- El Paso County, Board of Commis- County (08–08– vertiser. sioners, 27 East Vermijo Avenue, Col- 0541P). orado Springs, CO 80903–2208. Jefferson ...... City of Westminster March 12, 2009; March 19, The Honorable Nancy McNally, Mayor, July 17, 2009 ...... 080008 (09–08–0055P). 2009; Westminster Window. City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031.
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Location and case Date and name of newspaper Effective date of Community State and county No. where notice was published Chief executive officer of community modification No.
Teller ...... Unincorporated March 11, 2009; March 18, The Honorable James Ignatius, Chair- July 16, 2009 ...... 080173 areas of Teller 2009; Pikes Peak Courier man, Teller County, Board of Commis- County (08–08– View. sioners, 112 North A Street, Cripple 0921P). Creek, CO 80813. Teller ...... Town of Woodland March 11, 2009; March 18, The Honorable Steve Randolph, Mayor, July 16, 2009 ...... 080175 Park (08–08– 2009; Pikes Peak Courier City of Woodland Park, 220 West 0921P). View. South Avenue, Woodland Park, CO 80866. Georgia: Barrow ...... Unincorporated March 25, 2009; April 1, 2009; The Honorable Daniel Yearwood Jr., July 30, 2009 ...... 130497 areas of Barrow Barrow County News. Chairman, Barrow County, Board of County (07–04– Commissioners, 233 East Broad 5359P). Street, Winder, GA 30680. Columbia ...... Unincorporated March 15, 2009; March 22, The Honorable Ron C. Cross, Chairman, July 20, 2009 ...... 130059 areas of Colum- 2009; Columbia County Columbia County, Board of Commis- bia County (08– News-Times. sioners, P.O. Box 498, Evans, GA 04–3574P). 30809. Hawaii: Hawaii ...... Unincorporated March 12, 2009; March 19, The Honorable William P. Kenoi, Mayor, July 17, 2009 ...... 155166 areas of Hawaii 2009; Hawaii Tribune-Her- Hawaii County, 25 Aupuni Street, Hilo, County (08–09– ald. HI 96720. 1568P). Illinois: McHenry ...... Village of Algonquin March 20, 2009; March 27, The Honorable John Schmitt, President, July 27, 2009 ...... 170474 (08–05–3751P). 2009; Northwest Herald. Village of Algonquin, 2200 Harnish Drive, Algonquin, IL 60102. Missouri: St. Charles City of St. Peters March 13, 2009; March 20, The Honorable Len Pagano, Mayor, City July 20, 2009 ...... 290319 (08–07–1439P). 2009; St. Louis Post Dis- of St. Peters, One St. Peters Centre patch. Boulevard, St. Peters, MO 63376. Ohio: Lorain ...... City of Avon Lake March 12, 2009; March 19, The Honorable Karl J. Zuber, Mayor, February 27, 2009 ...... 390602 (08–05–5004P). 2009; Morning Journal. City of Avon Lake, 150 Avon Belden Road, Avon Lake, OH 44012. Oregon: Lane ...... Unincorporated March 20, 2009; March 27, The Honorable Faye Stewart II, Chair- July 27, 2009 ...... 415591 areas of Lane 2009; The Register-Guard. man, Lane County, Board of Commis- County (08–10– sioners, Lane County Public Service 0649P). Building, 125 East Eighth Street, Eu- gene, OR 97401. South Carolina: Jasper ...... Town of Hardeeville February 4, 2009; February The Honorable A. Brooks Willis, Mayor, June 11, 2009 ...... 450113 (07–04–6247P). 11, 2009; Jasper County Town of Hardeeville, 205 East Main Sun. Street, Hardeeville, SC 29927. Jasper ...... Unincorporated February 4, 2009; February The Honorable George Hood, Chairman, June 11, 2009 ...... 450112 areas of Jasper 11, 2009; Jasper County Jasper County Council, P.O. Box County (07–04– Sun. 1149, Ridgeland, SC 29936. 6247P).
(Catalog of Federal Domestic Assistance No. ACTION: Final rule. GSAR 549.502, Termination for 97.022, ‘‘Flood Insurance.’’) convenience of the Government, for two SUMMARY: Dated: April 30, 2009. The General Services outdated clauses. The clause at GSAR Administration (GSA) is amending the Deborah S. Ingram, 552.249–70, Termination for General Services Administration Convenience of the Government (Fixed- Acting Deputy Assistant Administrator for Acquisition Regulation (GSAR) to revise Mitigation, Department of Homeland Price)(Short Form), and the clause at Security, Federal Emergency Management the language that provides requirements 552.249–71, Submission of Termination Agency. for termination of contracts. Liability Schedule, are being deleted. [FR Doc. E9–10635 Filed 5–6–09; 8:45 am] DATES: Effective Date: June 8, 2009. These are two GSA-unique clauses for BILLING CODE 9110–12–P FOR FURTHER INFORMATION CONTACT: For acquisition and maintenance of clarification of content, contact Ms. telephone systems funded through the Jeritta Parnell at (202) 501–4082. For Information Technology (IT) Fund. This GENERAL SERVICES information pertaining to the status or fund no longer exists. These clauses are ADMINISTRATION publication schedules, contact the obsolete. Regulatory Secretariat (VPR), Room This is not a significant regulatory 48 CFR Parts 501, 549, and 552 4041, 1800 F Street, NW, Washington, action and, therefore, was not subject to DC 20405, (202) 501–4755. Please cite [GSAR Amendment 2009–05; GSAR Case review under Section 6(b) of Executive 2008–G515 (Change 31); Docket 2008–0007; GSAR case 2008–G515. Order 12866, Regulatory Planning and Sequence 5] SUPPLEMENTARY INFORMATION: Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. RIN 3090–AI62 A. Background 804. The GSA published a proposed rule General Services Administration B. Regulatory Flexibility Act Acquisition Regulation; GSAR Case with request for comments in the 2008–G515; Rewrite of GSAR Part 549, Federal Register at 73 FR 47123 on The General Services Administration Termination of Contracts August 13, 2008. No comments were certifies that this final rule will not have received in response to the proposed a significant economic impact on a AGENCIES: General Services rule. This final rule revises GSAR Part substantial number of small entities Administration (GSA), Office of the 549, Termination of Contracts, by within the meaning of the Regulatory Chief Acquisition Officer. deleting the prescriptive language in Flexibility Act, 5 U.S.C. 601, et seq.,
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because the revisions are not considered Dated: April 28, 2009. corresponding OMB Control Number substantive. The revisions delete Rodney P. Lantier, 3090–0227. obsolete coverage. Acting Senior Procurement Executive, Office of the Chief Acquisition Officer, General PART 549—TERMINATION OF C. Paperwork Reduction Act Services Administration. CONTRACTS The Paperwork Reduction Act does ■ Therefore, GSA amends 48 CFR parts 549.5 [Removed and Reserved] not apply because the changes to the 501, 549, and 552 as set forth below: ■ 3. Remove and reserve Subpart 549.5, GSAR do not impose recordkeeping or which consists of section 549.502. information collection requirements, or PART 501—GENERAL SERVICES otherwise collect information from ADMINISTRATION ACQUISITION PART 552—SOLICITATION REGULATION SYSTEM offerors, contractors, or members of the PROVISIONS AND CONTRACT CLAUSES public that require approval of the ■ 1. The authority citation for 48 CFR Office of Management and Budget under parts 501 and 549 is revised to read as ■ 4. The authority citation for 48 CFR 44 U.S.C. Chapter 35, et seq. follows: part 552 continues to read as follows: List of Subjects in 48 CFR Parts 501, Authority: 40 U.S.C. 121(c). Authority: 40 U.S.C. 121(c). 549, and 552 501.106 [Amended] 552.249–70 [Removed] Government procurement. ■ 2. Amend section 501.106, in the ■ 6. Remove section 552.249–70. table, by removing the GSAR reference number ‘‘549.502(b)’’ and its 552.249–71 [Removed] corresponding OMB Control Number ■ 7. Remove section 552.249–71. ‘‘3090–0027’’; and the GSAR reference [FR Doc. E9–10532 Filed 5–6–09; 8:45 am] number ‘‘552.249–71’’, and its BILLING CODE 6820–EP–S
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Proposed Rules Federal Register Vol. 74, No. 87
Thursday, May 7, 2009
This section of the FEDERAL REGISTER DATES: We must receive comments on Comments Invited contains notices to the public of the proposed this proposed AD by June 8, 2009. We invite you to send any written issuance of rules and regulations. The purpose of these notices is to give interested ADDRESSES: You may send comments by relevant data, views, or arguments about persons an opportunity to participate in the any of the following methods: this proposed AD. Send your comments rule making prior to the adoption of the final • Federal eRulemaking Portal: Go to to an address listed under the rules. http://www.regulations.gov. Follow the ADDRESSES section. Include ‘‘Docket No. instructions for submitting comments. FAA–2009–0431; Directorate Identifier 2007–NM–174–AD’’ at the beginning of • DEPARTMENT OF TRANSPORTATION Fax: (202) 493–2251. your comments. We specifically invite • Mail: U.S. Department of comments on the overall regulatory, Federal Aviation Administration Transportation, Docket Operations, economic, environmental, and energy M–30, West Building Ground Floor, aspects of this proposed AD. We will 14 CFR Part 39 Room W12–140, 1200 New Jersey consider all comments received by the [Docket No. FAA–2009–0431; Directorate Avenue, SE., Washington, DC 20590. closing date and may amend this Identifier 2007–NM–174–AD] • Hand Delivery: U.S. Department of proposed AD based on those comments. We will post all comments we RIN 2120–AA64 Transportation, Docket Operations, M–30, West Building Ground Floor, receive, without change, to http:// Airworthiness Directives; Airbus Model Room W12–40, 1200 New Jersey www.regulations.gov, including any A310–203 and –222 Airplanes and Avenue, SE., Washington, DC, between personal information you provide. We Model A300 B4–620 Airplanes 9 a.m. and 5 p.m., Monday through will also post a report summarizing each Friday, except Federal holidays. substantive verbal contact we receive AGENCY: Federal Aviation about this proposed AD. Administration (FAA), DOT. For service information identified in this proposed AD, contact Airbus SAS— Discussion ACTION: Notice of proposed rulemaking EAW (Airworthiness Office), 1 Rond (NPRM). On March 3, 1988, we issued AD 88– Point Maurice Bellonte, 31707 Blagnac 06–03, Amendment 39–5871 (53 FR SUMMARY: We propose to adopt a new Cedex, France; telephone +33 5 61 93 36 7730, March 10, 1988). That AD airworthiness directive (AD) for the 96; fax +33 5 61 93 44 51; e-mail: required actions intended to address an products listed above that would [email protected]; unsafe condition on the products listed supersede an existing AD. This Internet http://www.airbus.com. You above. proposed AD results from mandatory may review copies of the referenced Since we issued AD 88–06–03, the continuing airworthiness information service information at the FAA, European Aviation Safety Agency (MCAI) originated by an aviation Transport Airplane Directorate, 1601 (EASA), which is the Technical Agent authority of another country to identify Lind Avenue, SW., Renton, Washington. for the Member States of the European and correct an unsafe condition on an For information on the availability of Community, advised that, due to life aviation product. The MCAI describes this material at the FAA, call 425–227– extension activities linked to the A310 the unsafe condition as: 1221 or 425–227–1152. program and stress analysis conducted in the frame of the life extension DGAC [Direction Ge´ne´rale de l’Aviation Examining the AD Docket Civile] France AD 86–102–74(B) [which activities of the A300–600 program, the corresponds to FAA AD 88–06–03, You may examine the AD docket on repetitive inspection interval for the amendment 39–5871] was issued to prevent the Internet at http:// attachment angles of the rear pressure development of damage, which was www.regulations.gov; or in person at the bulkhead has been reduced from 12,000 discovered during [a] fatigue test in the Docket Operations office between 9 a.m. flight cycles to 9,000 flight cycles for attachment angles of the rear pressure and 5 p.m., Monday through Friday, Model A310–203 and –222 airplanes bulkhead (fuselage frame 80/82). except Federal holidays. The AD docket and Model A300 B4–620 airplanes. Following the life extension activities contains this proposed AD, the EASA has issued Airworthiness linked to the A310 program, the interval of Directive 2007–0297R1, dated inspection for A310–200 aircraft series was regulatory evaluation, any comments reduced from 12000 flight cycles (FC) to 9000 received, and other information. The September 17, 2008 (referred to after FC * * *. street address for the Docket Operations this as ‘‘the MCAI’’), to correct an unsafe Some stress analysis conducted in the office (telephone (800) 647–5527) is in condition for the specified products. frame of the life extension activities of the the ADDRESSES section. Comments will The MCAI states: A300–600 program leads the manufacturer to be available in the AD docket shortly DGAC [Direction Ge´ne´rale de l’Aviation reduce as well the interval of inspection after receipt. Civile] France AD 86–102–74(B) [which applicable to A300B4–620 and A300C4–620 corresponds to FAA AD 88–06–03] was aircraft models. FOR FURTHER INFORMATION CONTACT: Tom issued to prevent development of damage, Stafford, Aerospace Engineer, The unsafe condition is cracking in the which was discovered during [a] fatigue test International Branch, ANM–116, attachment angles of the rear pressure in the attachment angles of the rear pressure Transport Airplane Directorate, FAA, bulkhead (fuselage frame 80/82). bulkhead, which could result in failure 1601 Lind Avenue, SW., Renton, Following the life extension activities of the rear pressure bulkhead. The Washington 98057–3356; telephone linked to the A310 program, the interval of proposed AD would require actions that (425) 227–1622; fax (425) 227–1149. inspection for A310–200 aircraft series was are intended to address the unsafe reduced from 12000 flight cycles (FC) to 9000 condition described in the MCAI. SUPPLEMENTARY INFORMATION: FC, which prompted the issuance of EASA
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AD 2007–0157, superseding DGAC France damaged filler. The corrective action is protection and drainage, and a related AD 86–102–74(B). removing any damaged filler and the concurrent action. Some stress analysis conducted in the adjacent area around the damage. The related concurrent action frame of the life extension activities of the We have removed Airbus Model A300–600 program leads the manufacturer to specified in paragraph (h) of AD 2006– reduce as well the interval of inspection A310–221 airplanes having serial 22–03 is a modification of the aft applicable to A300B4–620 and A300C4–620 numbers 295 and 0306 from the pressure bulkhead in accordance with aircraft models. applicability of this proposed AD. The Airbus Service Bulletin A310–53–2025, EASA AD 2007–02977 superseded EASA MCAI does not include Airbus Model Revision 06, dated August 3, 2006, and AD 2007–0157, retaining for A310 aircraft the A310–221 in its applicability as it has Airbus Service Bulletin A300–53–6006, requirements of EASA AD 2007–0157 and been determined that those airplanes are Revision 3, dated March 24, 1989, as requiring the application of Airbus Service not subject to the identified unsafe Bulletin (SB) A300–53–6005 Revision 4 on applicable (which is the same Airbus A300–600 aircraft, reducing the condition addressed by the relevant modification that this NPRM would inspection interval from 12000 FC to 9000 service information listed below. require). The compliance time to do the FC. However, those airplanes are subject to modification specified in paragraph (h) [EASA] AD [2007–0297] has been revised certain other actions required by AD of AD 2006–22–03 is prior to or to remove an inappropriate reference 2006–22–03, amendment 39–14800 (71 concurrent with the actions specified in regarding the normal inspection program FR 62890, October 27, 2006), as from the Compliance section, Note 3. paragraph (g) of AD 2006–22–03; the specified in the ‘‘Other Relevant compliance time for paragraph (g) of AD The unsafe condition is cracking in Rulemaking’’ paragraph below. 2006–22–03 is within 60 months after the attachment angles of the rear You may obtain further information December 1, 2006 (the effective date of pressure bulkhead, which could result by examining the MCAI in the AD AD 2006–22–03). This NPRM would in failure of the rear pressure bulkhead. docket. supersede AD 2006–22–03 to require The required actions include a Relevant Service Information that the modification of the aft pressure modification of the rear pressure bulkhead be done before the bulkhead to improve the fatigue life of Airbus has issued the following accumulation of 12,000 total flight the attachment angles at frame (FR) 80/ service bulletins: • cycles since first flight, or within 1,500 82, and, for certain airplanes, repetitive Airbus Service Bulletin A310–53– flight cycles, whichever occurs later. inspections for cracks in the rear 2024, Revision 05, dated October 13, pressure bulkhead and repair if 2006. Certain airplanes affected by AD necessary. • Airbus Service Bulletin A310–53– 2006–22–03 are also affected by this The modification includes installing 2025, Revision 06, dated August 3, NPRM, and therefore, the requirements additional attachment angles on the 2006. of this NPRM would necessitate that circumference of FR 80/82; installing a • Airbus Service Bulletin A300–53– some operators do the modification filler; installing additional supports 6005, Revision 04, dated July 18, 2007. required by paragraph (h) of AD 2006– between the aft pressure bulkhead and • Airbus Service Bulletin A300–53– 22–03 early. Accomplishing the FR 80/82; installing an additional frame 6006, Revision 3, dated March 24, 1989. modification within the compliance stiffener and support between the aft The actions described in this service time specified in paragraph (f)(2) of this pressure bulkhead and FR 79 at stringer information are intended to correct the NPRM is necessary to address cracking (STGR) 13; modifying the aft lavatories; unsafe condition identified in the in the attachment angles of the rear applying surface protection to the MCAI. pressure bulkhead, which could result modified area of the aft pressure in failure of the rear pressure bulkhead. Other Relevant Rulemaking bulkhead; modifying, reidentifying, and Other Corrosion and Fatigue ADs installing the heat and sound insulation We issued AD 2006–22–03 to prevent in the area of STGR 9 and STGR 13 and corrosion on the inner rim angle and Operators should note that we have between FR 79 and FR 80/82, left and cleat profile splice of the aft pressure also issued other ADs that involve work right; and for certain airplanes, doing bulkhead. That AD applies to Airbus in the area of the aft pressure bulkhead. related investigative and corrective Model A310 and A300–600 series We issued those ADs to address unsafe actions if necessary. airplanes, except airplanes on which conditions related to either corrosion or The related investigative action is Airbus Modification 6788 has been fatigue in the aft pressure bulkhead. The doing a visual inspection around the incorporated in production. That AD following table, titled ‘‘Other relevant entire circumference between FR 80/82 requires modification of the aft pressure rulemaking,’’ provides an overview of and the aft pressure bulkhead for bulkhead for improved corrosion all those issued ADs.
TABLE—OTHER RELEVANT RULEMAKING
AD— Refers to Airbus Service Bulletin— Requiring— Addressing—
88–06–03 (would be superseded by A310–53–2024, Revision 1, dated June 20, 1986; Repetitive inspections ... Fatigue. this proposed AD). and Revision 3, February 17, 1987. A310–53–2025, original issue, dated April 21, Modification ...... Fatigue. 1986; and Revision 3, April 7, 1987. 98–19–22, amendment 39–10763 (63 A300–53–6066, dated October 16, 1996; and Re- Repetitive inspections ... Corrosion. FR 49656, September 17, 1998) vision 01, dated March 11, 1998. (superseded by AD 2005–26–16). A310–53–2092, dated October 16, 1996; and Re- Repetitive inspections ... Corrosion. vision 01, dated March 11, 1998. 2005–26–16, amendment 39–14437 A300–53–6136, Revision 01, dated July 18, 2005 Repetitive inspections ... Corrosion. (70 FR 77307, December 30, 2005). A310–53–2114, Revision 01, dated September 1, Repetitive inspections ... Corrosion. 2005.
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TABLE—OTHER RELEVANT RULEMAKING—Continued
AD— Refers to Airbus Service Bulletin— Requiring— Addressing—
2006–22–03, amendment 39–14800 A300–53–6017, Revision 02, dated February 25, Modification ...... Corrosion. (71 FR 62890, October 27, 2006). 2004. A310–53–2036, Revision 02, dated February 25, Modification ...... Corrosion. 2004. A300–53–6006, Revision 3, March 24, 1989 ...... Modification ...... Fatigue. A310–53–2025, Revision 06, August 3, 2006 ...... Modification ...... Fatigue.
FAA’s Determination and Requirements Authority for This Rulemaking The Proposed Amendment of This Proposed AD Title 49 of the United States Code Accordingly, under the authority This product has been approved by specifies the FAA’s authority to issue delegated to me by the Administrator, the aviation authority of another rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part country, and is approved for operation section 106, describes the authority of 39 as follows: in the United States. Pursuant to our the FAA Administrator. ‘‘Subtitle VII: bilateral agreement with the State of Aviation Programs,’’ describes in more PART 39—AIRWORTHINESS Design Authority, we have been notified detail the scope of the Agency’s DIRECTIVES of the unsafe condition described in the authority. 1. The authority citation for part 39 MCAI and service information We are issuing this rulemaking under continues to read as follows: referenced above. We are proposing this the authority described in ‘‘Subtitle VII, AD because we evaluated all pertinent Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. information and determined an unsafe General requirements.’’ Under that § 39.13 [Amended] condition exists and is likely to exist or section, Congress charges the FAA with 2. The FAA amends § 39.13 by develop on other products of the same promoting safe flight of civil aircraft in removing Amendment 39–5871 (53 FR type design. air commerce by prescribing regulations 7730, March 10, 1988) and adding the Differences Between This AD and the for practices, methods, and procedures following new AD: MCAI or Service Information the Administrator finds necessary for safety in air commerce. This regulation Airbus: Docket No. FAA–2009–0431; Directorate Identifier 2007–NM–174–AD. We have reviewed the MCAI and is within the scope of that authority related service information and, in because it addresses an unsafe condition Comments Due Date general, agree with their substance. But that is likely to exist or develop on (a) We must receive comments by June 8, we might have found it necessary to use products identified in this rulemaking 2009. different words from those in the MCAI action. to ensure the AD is clear for U.S. Affected ADs operators and is enforceable. In making Regulatory Findings (b) The proposed AD supersedes AD 88– these changes, we do not intend to differ We determined that this proposed AD 06–03, Amendment 39–5871. substantively from the information would not have federalism implications Applicability provided in the MCAI and related under Executive Order 13132. This (c) This AD applies to Airbus Model A310– service information. proposed AD would not have a 203 and –222 airplanes, and Model A300 B4– We might also have proposed substantial direct effect on the States, on 620 airplanes; certificated in any category; all different actions in this AD from those the relationship between the national serial numbers except airplanes on which in the MCAI in order to follow FAA Government and the States, or on the Airbus Modification 05526 has been policies. Any such differences are distribution of power and incorporated in production. highlighted in a NOTE within the responsibilities among the various Subject proposed AD. levels of government. (d) Air Transport Association (ATA) of Costs of Compliance For the reasons discussed above, I America Code 53: Fuselage. certify this proposed regulation: Based on the service information, we 1. Is not a ‘‘significant regulatory Reason estimate that this proposed AD would action’’ under Executive Order 12866; (e) The mandatory continuing affect about 32 products of U.S. registry. 2. Is not a ‘‘significant rule’’ under the airworthiness information (MCAI) states: We also estimate that it would take 668 DOT Regulatory Policies and Procedures DGAC (Direction Ge´ne´rale de l’Aviation work-hours per product to comply with Civile) France AD 86–102–74(B) [which (44 FR 11034, February 26, 1979); and corresponds to FAA AD 88–06–03, the basic requirements of this proposed 3. Will not have a significant AD. The average labor rate is $80 per amendment 39–5871] was issued to prevent economic impact, positive or negative, development of damage, which was work-hour. Required parts would cost on a substantial number of small entities discovered during [a] fatigue test in the about $15,322 per product. Where the under the criteria of the Regulatory attachment angles of the rear pressure service information lists required parts Flexibility Act. bulkhead (fuselage frame 80/82). costs that are covered under warranty, We prepared a regulatory evaluation Following the life extension activities we have assumed that there will be no of the estimated costs to comply with linked to the A310 program, the interval of charge for these costs. As we do not this proposed AD and placed it in the inspection for A310–200 aircraft series was reduced from 12000 flight cycles (FC) to 9000 control warranty coverage for affected AD docket. parties, some parties may incur costs FC, which prompted the issuance of EASA List of Subjects in 14 CFR Part 39 AD 2007–0157, superseding DGAC France higher than estimated here. Based on AD 86–102–74(B). these figures, we estimate the cost of the Air transportation, Aircraft, Aviation Some stress analysis conducted in the proposed AD on U.S. operators to be safety, Incorporation by reference, frame of the life extension activities of the $2,200,384, or $68,762 per product. Safety. A300–600 program leads the manufacturer to
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reduce as well the interval of inspection aft pressure bulkhead to improve the fatigue 2007; or Airbus Service Bulletin A310–53– applicable to A300B4–620 and A300C4–620 life of the attachment angles at frame 80/82 2024, Revision 05, dated October 13, 2006; as aircraft models. and do all applicable related investigative applicable. EASA AD 2007–0297 superseded EASA and corrective actions, in accordance with (i) Before or concurrently with the AD 2007–0157, retaining for A310 aircraft the the Accomplishment Instructions of Airbus modification required by paragraph (f)(1) or requirements of EASA AD 2007–0157 and Service Bulletin A300–53–6006, Revision 3, (f)(2) of this AD, as applicable; and requiring the application of Airbus Service dated March 24, 1989; or Airbus Service (ii) Before the accumulation of 18,000 total Bulletin (SB) A300–53–6005 Revision 4 on Bulletin A310–53–2025, Revision 06, dated flight cycles since first flight, or within 1,500 Airbus A300–600 aircraft, reducing the August 3, 2006; as applicable. Do all inspection interval from 12000 FC to 9000 applicable related investigative and flight cycles after the effective date of this FC. corrective actions before further flight. AD, whichever occurs later; and thereafter at [EASA] AD [2007–0297] has been revised (2) For airplanes identified in paragraph (c) intervals not to exceed 9,000 flight cycles. to remove an inappropriate reference of AD 2006–22–03, amendment 39–14800: At (4) For airplanes on which the regarding the normal inspection program the earlier of the compliance times specified modification required by paragraph (f)(1) or from the Compliance section, Note 3. in paragraphs (f)(2)(i) and (f)(2)(ii) of this AD, (f)(2) of this AD is done at or before the The unsafe condition is cracking in the do the actions specified in paragraph (f)(1) of accumulation of 6,000 total flight cycles attachment angles of the rear pressure this AD. since first flight: Before the accumulation of bulkhead, which could result in failure of the (i) Before the accumulation of 12,000 total 18,000 total flight cycles since first flight, or rear pressure bulkhead. The required actions flight cycles since first flight, or within 1,500 within 1,500 flight cycles after the effective include a modification of the rear pressure flight cycles after the effective date of this date of this AD, whichever occurs later, do bulkhead to improve the fatigue life of the AD, whichever occurs later. an eddy current inspection for any cracking attachment angles at frame (FR) 80/82; (ii) At the compliance time specified in in the critical area of the rear pressure applicable related investigative and paragraph (h) of AD 2006–22–03. bulkhead between stringers 8 and 18, and corrective actions; and, for certain airplanes, Inspections and Corrective Action repair all cracking before further flight, in repetitive inspections for cracks in the rear accordance with the Accomplishment (3) For airplanes on which the pressure bulkhead and repair if necessary. Instructions of Airbus A300–53–6005, modification required by paragraph (f)(1) or Requirements of This AD: Actions and (f)(2) of this AD is done after the Revision 04, dated July 18, 2007; or Airbus Compliance accumulation of 6,000 total flight cycles Service Bulletin A310–53–2024, Revision 05, dated October 13, 2006; as applicable. Repeat (f) Unless already done, do the following since first flight: At the times specified in actions. paragraphs (f)(3)(i) and (f)(3)(ii) of this AD, the inspection thereafter at intervals not to do an eddy current inspection for any exceed 9,000 flight cycles. Modification cracking in the critical area of the rear (5) Modifications done before the effective (1) Except as required by paragraph (f)(2) pressure bulkhead between stringers 8 and date of this AD in accordance with the of this AD: Before the accumulation of 12,000 18, and repair all cracking before further service bulletins identified in Table 1 of this total flight cycles since first flight, or within flight, in accordance with the AD are acceptable for compliance with the 1,500 flight cycles after the effective date of Accomplishment Instructions of Airbus requirements of paragraph (f)(1) and (f)(2) of this AD, whichever occurs later, modify the A300–53–6005, Revision 04, dated July 18, this AD.
TABLE 1—MODIFICATIONS DONE USING PREVIOUS SERVICE BULLETINS
Airbus Service Model Bulletin Revision Dated
A300 B4–620 airplanes ...... A300–53–6006 Original ...... May 6, 1986. A300–53–6006 1 ...... September 19, 1986. A300–53–6006 2 ...... August 11, 1988. A310–203 and –222 airplanes ...... A310–53–2025 Original ...... April 21, 1986. A310–53–2025 1 ...... September 19, 1986. A310–53–2025 2 ...... February 16, 1987. A310–53–2025 3 ...... April 7, 1987. A310–53–2025 4 ...... October 20, 1987. A310–53–2025 5 ...... March 24, 1989.
(6) Inspections done before the effective AD are acceptable for compliance with the date of this AD in accordance with the requirements of paragraph (f)(3) of this AD. service bulletins identified in Table 2 of this
TABLE 2—INSPECTIONS DONE WITH PREVIOUS SERVICE BULLETINS
Airbus Service Model Bulletin Revision Dated
A300 B4–620 airplanes ...... A300–53–6005 Original ...... May 6, 1986. A300–53–6005 1 ...... June 20, 1986. A300–53–6005 2 ...... September 22, 1986. A300–53–6005 3 ...... April 22, 1987. A310–203 and –222 airplanes ...... A310–53–2024 Original ...... April 21, 1986. A310–53–2024 1 ...... June 20, 1986. A310–53–2024 2 ...... October 2, 1986. A310–53–2024 3 ...... February 17, 1987. A310–53–2024 4 ...... February 2, 1988.
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(7) Modification of the aft pressure Other FAA AD Provisions (2) Airworthy Product: For any bulkhead to improve the fatigue life of the (g) The following provisions also apply to requirement in this AD to obtain corrective attachment angles at frame (FR) 80/82 in this AD: actions from a manufacturer or other source, accordance with paragraph (h) of AD 2006– (1) Alternative Methods of Compliance use these actions if they are FAA-approved. 22–03, is acceptable for compliance with the Corrective actions are considered FAA- corresponding requirement of paragraphs (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane approved if they are approved by the State (f)(1) and (f)(2) of this AD. of Design Authority (or their delegated Directorate, FAA, has the authority to agent). You are required to assure the product FAA AD Differences approve AMOCs for this AD, if requested is airworthy before it is returned to service. Note 1: This AD differs from the MCAI using the procedures found in 14 CFR 39.19. (3) Reporting Requirements: For any and/or service information as follows: This Send information to ATTN: Tom Stafford, reporting requirement in this AD, under the AD includes a compliance time specified in Aerospace Engineer, International Branch, provisions of the Paperwork Reduction Act, paragraph (f)(2) of this AD for airplanes that ANM–116, Transport Airplane Directorate, are also affected by AD 2006–22–03. We the Office of Management and Budget (OMB) FAA, 1601 Lind Avenue, SW., Renton, has approved the information collection realize that the requirements of this AD will Washington 98057–3356; telephone (425) necessitate that some operators do the requirements and has assigned OMB Control 227–1622; fax (425) 227–1149. Before using modification required by paragraph (h) of AD Number 2120–0056. 2006–22–03 early. However, accomplishing any approved AMOC on any airplane to Related Information the modification within the compliance time which the AMOC applies, notify your specified in this AD is required to address principal maintenance inspector (PMI) or (h) Refer to MCAI EASA Airworthiness cracking in the attachment angles of the rear principal avionics inspector (PAI), as Directive 2007–0297R1, dated September 17, pressure bulkhead, which could result in appropriate, or lacking a principal inspector, 2008, and the service bulletins listed in Table failure of the rear pressure bulkhead. your local Flight Standards District Office. 3 of this AD, for related information.
TABLE 3—RELATED SERVICE BULLETINS
Airbus Service Bulletin Revision Date
A310-53-2024 ...... 05 October 13, 2006. A310-53-2025 ...... 06 August 3, 2006. A300-53-6005 ...... 04 July 18, 2007. A300-53-6006 ...... 3 March 24, 1989.
Issued in Renton, Washington, on May 1, detect and correct cracking in the aft Lind Avenue, SW., Renton, Washington. 2009. fuselage skin along the longitudinal For information on the availability of Stephen P. Boyd, edges of the bonded skin doubler, which this material at the FAA, call 425–227– Acting Manager, Transport Airplane could result in reduced structural 1221 or 425–227–1152. Directorate, Aircraft Certification Service. integrity of the airplane. Examining the AD Docket [FR Doc. E9–10614 Filed 5–6–09; 8:45 am] DATES: We must receive comments on BILLING CODE 4910–13–P this proposed AD by June 22, 2009. You may examine the AD docket on the Internet at http:// ADDRESSES: You may send comments by www.regulations.gov; or in person at the DEPARTMENT OF TRANSPORTATION any of the following methods: • Federal eRulemaking Portal: Go to Docket Management Facility between 9 a.m. and 5 p.m., Monday through Federal Aviation Administration http://www.regulations.gov. Follow the instructions for submitting comments. Friday, except Federal holidays. The AD docket contains this proposed AD, the 14 CFR Part 39 • Fax: 202–493–2251. • Mail: U.S. Department of regulatory evaluation, any comments [Docket No. FAA–2009–0429; Directorate Transportation, Docket Operations, M– received, and other information. The Identifier 2007–NM–059–AD] 30, West Building Ground Floor, Room street address for the Docket Office RIN 2120–AA64 W12–140, 1200 New Jersey Avenue, SE., (telephone 800–647–5527) is in the Washington, DC 20590. ADDRESSES section. Comments will be Airworthiness Directives; Boeing • Hand Delivery: U.S. Department of available in the AD docket shortly after Model 737–300 and 737–400 Series Transportation, Docket Operations, M– receipt. Airplanes 30, West Building Ground Floor, Room FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer, AGENCY: Federal Aviation W12–140, 1200 New Jersey Avenue, SE., Administration (FAA), DOT. Washington, DC 20590, between 9 a.m. Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office, ACTION: and 5 p.m., Monday through Friday, Notice of proposed rulemaking 1601 Lind Avenue, SW., Renton, (NPRM). except Federal holidays. For service information identified in Washington 98057–3356; telephone SUMMARY: We propose to adopt a new this AD, contact Boeing Commercial (425) 917–6447; fax (425) 917–6590. airworthiness directive (AD) for certain Airplanes, Attention: Data & Services SUPPLEMENTARY INFORMATION: Boeing Model 737–300 and 737–400 Management, P.O. Box 3707, MC 2H–65, series airplanes. This proposed AD Seattle, Washington 98124–2207; Comments Invited would require repetitive inspections to telephone 206–544–5000, extension 1, We invite you to send any written detect cracking of the aft fuselage skin, fax 206–766–5680; e-mail relevant data, views, or arguments about and related investigative/corrective [email protected]; Internet this proposed AD. Send your comments actions if necessary. This proposed AD https://www.myboeingfleet.com. You to an address listed under the results from reports of cracks in the aft may review copies of the referenced ADDRESSES section. Include ‘‘Docket No. fuselage skin on both sides of the service information at the FAA, FAA–2009–0429; Directorate Identifier airplane. We are proposing this AD to Transport Airplane Directorate, 1601 2007–NM–059–AD’’ at the beginning of
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your comments. We specifically invite panel assembly just above stringer 25R installed previously, the inspections comments on the overall regulatory, between BS 727+10 and BS 727, and include: External general visual economic, environmental, and energy between stringers 23R and 24R. inspections of the surface of the skin aspects of this proposed AD. We will On the existing skin panel assembly, panels for evidence of loose fasteners or consider all comments received by the the doubler is bonded to the skin. At skin cracking; and a one-time subsurface closing date and may amend this these skin panel locations on the eddy current inspection for evidence of proposed AD because of those airplane, the in-service loads cause a loose fasteners or skin cracks. condition that allows cracks to occur comments. For all airplanes, related investigative We will post all comments we along the longitudinal edges of the skin and corrective actions include the receive, without change, to http:// where it bonded to the doubler. following: Internal general visual and www.regulations.gov, including any Cracking, if not corrected, could result high frequency eddy current inspections personal information you provide. We in reduced structural integrity of the for disbonding and cracking of the will also post a report summarizing each airplane. bonded doubler; repair or replacement substantive verbal contact we receive Relevant Service Information of the skin panel; an internal inspection about this proposed AD. We have reviewed Boeing Service of the chem-milled step in the skin area Discussion Bulletin 737–53–1168, Revision 3, dated covered by the doubler; replacement of We have received 159 reports of November 28, 2006 (for Model 737–300 the skin panel and splice plate between cracks in the fuselage skin aft of the series airplanes); and Boeing Service body stations (BS) 727 and 907 and wing on 68 Model 737–300 series Bulletin 737–53–1187, Revision 2, dated between Stringers 20 and 25; and airplanes with between 16,400 and May 9, 2007 (for Model 737–400 series sending any positive inspection results 48,000 total flight cycles. Of those airplanes). The service bulletins to Boeing. cracks, 120 were found between body describe procedures for repetitive In addition, the service bulletins station (BS) 727D and BS 747 and inspections to detect cracking of the aft describe procedures for doing a time- between stringers 14 and 25, on both fuselage skin; and related investigative limited repair, including a detailed sides of the airplanes. One crack was and corrective actions, if necessary. inspection for cracking of the fuselage found above stringer 25 right (R) at BS For Model 737–300 series airplanes, skin, and installing a repair doubler; 913. Several of the cracks occurred in in areas without modification stiffeners repeating inspections of repaired areas; multiple adjacent bays. The remaining installed previously, and for Model repairing any cracking; making the cracks were scattered between BS 727 737–400 series airplanes, the inspection repairs permanent within a specified and BS 1016. technique to be used depends on the compliance time; and replacing any A total of 29 cracks have been inspection zone. The inspection loose fasteners. reported on 29 Model 737–400 series techniques include: External detailed airplanes with between 22,500 and and external subsurface eddy current; The service bulletins also specify that 44,600 total flight cycles. The cracks on external general visual (in areas not repeat inspections are terminated in these airplanes were found on both the covered by fairings); external detailed or areas where the skin panel replacement left and right sides of the airplanes subsurface eddy current (in areas had been done, and in repaired areas between BS 727 and BS 947 in the skin covered by fairings); or external that meet the requirements specified in panels between stringers 20 and 25. The detailed, and either external subsurface Table 1 of paragraph 1.E. of the service cracks ranged in length between 0.25 eddy current or magneto optical bulletins. and 5.5 inches. One operator reported a imaging. The compliance times specified in the crack on an airplane with 22,500 total For Model 737–300 series airplanes, service bulletins are identified in the flight cycles. The crack was in the skin in areas with modification stiffeners tables below.
TABLE—COMPLIANCE TIMES FOR UNMODIFIED AREAS
Action Inspection zone 1 Inspection zone 2 Inspection zone 3
Zone and initial inspections ...... Before accumulating 22,000 total flight cycles, or within 4,500 flight cycles after the release date of the service bulletin, whichever is later.
Repetitive inspections ...... Option 1: Intervals not to exceed Intervals not to exceed 4,500 Option 1: Intervals not to exceed 3,700 flight cycles after the pre- flight cycles after the previous 3,700 flight cycles after the pre- vious inspection; or inspection. vious inspection; or Option 2: Intervals not to exceed ...... Option 2: Intervals not to exceed 2,100 flight cycles after the pre- 2,100 flight cycles after the pre- vious inspection. vious inspection.
TABLE—COMPLIANCE TIMES FOR MODIFIED AREAS
Action Compliance times for all zones
Zone and initial inspections ...... Before accumulating 22,000 total flight cycles or within 4,500 flight cycles after the release date of the service bulletin, whichever is later. Repetitive inspections ...... Intervals not to exceed 4,500 flight cycles after the previous inspection. Terminating action ...... Not before 20,000 flight cycles following modification (Figure 5 of Boeing Service Bulletin 737–53– 1168, Revision 3).
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TABLE—FOLLOW-ON ACTIONS AND COMPLIANCE TIMES IF THE TIME-LIMITED REPAIR IS DONE
If you do the time-limited repair, you must— At this compliance time—
Do a detailed inspection of the fastener ...... At intervals not to exceed 3,000 flight cycles following the repair. Replace a blind fastener with a solid fastener ...... Before the repair has reached 10,000 total flight cycles. Do an internal inspection of the tear strap for disbonding and cracks .... Within 4,500 flight cycles following the repair.
FAA’s Determination and Requirements Differences Between the Proposed AD Organization whom we have authorized of This Proposed AD and Service Information to make those findings. The service bulletins specify to Although the service bulletins We are proposing this AD because we contact the manufacturer for referenced in this proposed AD specify evaluated all relevant information and instructions on how to repair certain to submit information to the determined the unsafe condition conditions, but this proposed AD would manufacturer, this proposed AD does described previously is likely to exist or require repairing those conditions in not include such a requirement. develop in other products of the(se) one of the following ways: Costs of Compliance same type design(s). This proposed AD • Using a method that we approve; or would require accomplishing the • Using data that meet the We estimate that this proposed AD actions specified in the service certification basis of the airplane, and would affect 516 airplanes of U.S. information described previously, that have been approved by an registry. The following table provides except as discussed under ‘‘Differences Authorized Representative for the the estimated costs for U.S. operators to Between the Proposed AD and Service Boeing Commercial Airplanes comply with this proposed AD. The Information.’’ Delegation Option Authorization average labor rate is $80 per work hour.
ESTIMATED COSTS
Number of U.S.- Action Work hours Parts Cost per product registered Fleet cost airplanes
Inspection to determine inspec- 1 ...... $0 $80 ...... 516 $41,280. tion zones. Repetitive inspections—Option 64 ...... 0 $5,120, per inspection cycle ..... 516 Up to $2,641,920. 1. Repetitive inspections—Option 62 ...... 0 $4,960, per inspection cycle ..... 516 Up to $2,559,360. 2. Internal inspection ...... 5, per inspec- 0 $1,200 ...... 516 $619,200. tion zone (3 zones).
Authority for This Rulemaking Regulatory Findings List of Subjects in 14 CFR Part 39 Title 49 of the United States Code We determined that this proposed AD Air transportation, Aircraft, Aviation specifies the FAA’s authority to issue would not have federalism implications safety, Incorporation by reference, rules on aviation safety. Subtitle I, under Executive Order 13132. This Safety. proposed AD would not have a section 106, describes the authority of The Proposed Amendment the FAA Administrator. ‘‘Subtitle VII: substantial direct effect on the States, on Aviation Programs,’’ describes in more the relationship between the national Accordingly, under the authority Government and the States, or on the detail the scope of the Agency’s delegated to me by the Administrator, distribution of power and the FAA proposes to amend 14 CFR part authority. responsibilities among the various 39 as follows: We are issuing this rulemaking under levels of government. the authority described in ‘‘Subtitle VII, For the reasons discussed above, I PART 39—AIRWORTHINESS Part A, Subpart III, Section 44701: certify this proposed regulation: DIRECTIVES General requirements.’’ Under that 1. Is not a ‘‘significant regulatory section, Congress charges the FAA with 1. The authority citation for part 39 action’’ under Executive Order 12866, continues to read as follows: promoting safe flight of civil aircraft in 2. Is not a ‘‘significant rule’’ under the air commerce by prescribing regulations DOT Regulatory Policies and Procedures Authority: 49 U.S.C. 106(g), 40113, 44701. for practices, methods, and procedures (44 FR 11034, February 26, 1979), and § 39.13 [Amended] the Administrator finds necessary for 3. Will not have a significant 2. The FAA amends § 39.13 by adding safety in air commerce. This regulation economic impact, positive or negative, the following new AD: is within the scope of that authority on a substantial number of small entities because it addresses an unsafe condition under the criteria of the Regulatory Boeing: Docket No. FAA–2009–0429; that is likely to exist or develop on Flexibility Act. Directorate Identifier 2007–NM–059–AD. products identified in this rulemaking You can find our regulatory Comments Due Date action. evaluation and the estimated costs of (a) We must receive comments by June 22, compliance in the AD Docket. 2009.
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Affected ADs Boeing Service Bulletin 737–53–1187, for this AD, follow the procedures in 14 CFR (b) None. Revision 2, dated May 9, 2007 (for Model 39.19. Before using any approved AMOC on 737–400 series airplanes); except, where any airplane to which the AMOC applies, Applicability Boeing Service Bulletin 737–53–1168, notify your principal maintenance inspector (c) This AD applies to the airplanes Revision 3, dated November 28, 2006; or (PMI) or principal avionics inspector (PAI), identified in paragraphs (c)(1) and (c)(2) of Boeing Service Bulletin 737–53–1187, as appropriate, or lacking a principal this AD, certified in any category. Revision 2, dated May 9, 2007; as applicable; inspector, your local Flight Standards District (1) Boeing Model 737–300 series airplanes specifies to contact Boeing, before further Office. The AMOC approval letter must as identified in Boeing Service Bulletin 737– flight, repair according to a method approved specifically reference this AD. 53–1168, Revision 3, dated November 28, in accordance with the procedures specified (3) An AMOC that provides an acceptable 2006. in paragraph (m) of this AD. level of safety may be used for any repair (2) Boeing Model 737–400 series airplanes (i) If any cracking of a repaired area is required by this AD, if it is approved by an as identified in Boeing Service Bulletin 737– found during any inspection required by this Authorized Representative for the Boeing 53–1187, Revision 2, dated May 9, 2007. AD, and Boeing Service Bulletin 737–53– Commercial Airplanes Delegation Option 1168, Revision 3, dated November 28, 2006 Authorization Organization who has been Subject (for Model 737–300 series airplanes); or authorized by the Manager, Seattle ACO, to (d) Air Transport Association (ATA) of Boeing Service Bulletin 737–53–1187, make those findings. For a repair method to America Code 53: Fuselage. Revision 2, dated May 9, 2007 (for Model be approved, the repair must meet the 737–400 series airplanes); specifies certification basis of the airplane, and the Unsafe Condition contacting Boeing for appropriate action: approval must specifically refer to this AD. (e) This AD results from reports of cracks Before further flight, repair the cracking using a method approved in accordance with Issued in Renton, Washington, on May 1, in the aft fuselage skin on both sides of the 2009. airplane. We are issuing this AD to detect the procedures specified in paragraph (m) of and correct cracking in the aft fuselage skin this AD. Stephen P. Boyd, along the longitudinal edges of the bonded Optional Terminating Action Acting Manager, Transport Airplane skin doubler, which could result in reduced Directorate, Aircraft Certification Service. (j) Doing the skin panel replacement in structural integrity of the airplane. [FR Doc. E9–10612 Filed 5–6–09; 8:45 am] accordance with Part 3 of the Compliance Accomplishment Instructions of Boeing BILLING CODE 4910–13–P (f) Comply with this AD within the Service Bulletin 737–53–1168, Revision 3, compliance times specified, unless already dated November 28, 2006 (for Model 737–300 done. series airplanes); or Part III of the DEPARTMENT OF TRANSPORTATION Accomplishment Instructions of Boeing Inspections, Related Investigative and Service Bulletin 737–53–1187, Revision 2, Federal Aviation Administration Corrective Actions dated May 9, 2007 (for Model 737–400 series (g) At the applicable times specified in airplanes); terminates the inspection 14 CFR Part 39 Tables 1 and 2 of paragraph 1.E. requirements of paragraph (g) of this AD for ‘‘Compliance,’’ of Boeing Service Bulletin that skin panel only. [Docket No. FAA–2009–0432; Directorate Identifier 2008–NM–168–AD] 737–53–1168, Revision 3, dated November Exception to Service Bulletin 28, 2006 (for Model 737–300 series airplanes); or Boeing Service Bulletin 737– (k) Where Boeing Service Bulletin 737–53– RIN 2120–AA64 53–1187, Revision 2, dated May 9, 2007 (for 1168, Revision 3, dated November 28, 2006 (for Model 737–300 series airplanes); or Model 737–400 series airplanes); except as Airworthiness Directives; BAE Boeing Service Bulletin 737–53–1187, provided by paragraph (k) of this AD: Do the Systems (Operations) Limited Model Revision 2, dated May 9, 2007 (for Model applicable inspections and related BAe 146–100A and 146–200A Series 737–400 series airplanes); specifies investigative actions to detect cracks in the Airplanes compliance times after the release date of aft fuselage skin panels, by accomplishing all those service bulletins, this AD requires that of the applicable actions specified in the AGENCY: Federal Aviation the specified actions be done within the Accomplishment Instructions of Boeing Administration (FAA), DOT. specified compliance times after the effective Service Bulletin 737–53–1168, Revision 3, date of this AD. ACTION: Notice of proposed rulemaking dated November 28, 2006; or Boeing Service (NPRM). Bulletin 737–53–1187, Revision 2, dated May No Reporting Required 9, 2007; as applicable, including Note (f) of (l) Although Boeing Service Bulletin 737– SUMMARY: We propose to adopt a new Table 1 of paragraph 1.E. And, do the 53–1168, Revision 3, dated November 28, airworthiness directive (AD) for the applicable corrective actions specified in the 2006 (for Model 737–300 series airplanes); products listed above. This proposed Accomplishment Instructions of Boeing and Boeing Service Bulletin 737–53–1187, AD results from mandatory continuing Service Bulletin 737–53–1168, Revision 3, Revision 2, dated May 9, 2007 (for Model dated November 28, 2006; or Boeing Service airworthiness information (MCAI) 737–400 series airplanes); specify to submit originated by an aviation authority of Bulletin 737–53–1187, Revision 2, dated May information to the manufacturer, this AD 9, 2007; as applicable; except as provided by does not include such a requirement. another country to identify and correct paragraphs (h), (i), and (l) of this AD. Repeat an unsafe condition on an aviation the applicable inspections and related Alternative Methods of Compliance product. The MCAI describes the unsafe investigative actions thereafter at the (AMOCs) condition as: applicable intervals specified in Tables 1 and (m)(1) The Manager, Seattle Aircraft BAE Systems (Operations) Ltd has 2 of paragraph 1.E. of Boeing Service Bulletin Certification Office (ACO), FAA, has the 737–53–1168, Revision 3, dated November authority to approve AMOCs for this AD, if determined that in order to assure the 28, 2006; or Boeing Service Bulletin 737–53– requested using the procedures found in 14 continued structural integrity of the 1187, Revision 2, dated May 9, 2007; as CFR 39.19. Send information to ATTN: horizontal stabilizer lower skin and joint applicable. Wayne Lockett, Aerospace Engineer, plates in the rib 1 area of certain BAe 146 (h) If any crack is found during any Airframe Branch, ANM–120S, 1601 Lind aircraft, a revised inspection programme for inspection or corrective action required by Avenue, SW., Renton, Washington 98057– this area is considered necessary. The this AD, before further flight, repair in 3356; telephone (425) 917–6447; fax (425) disbonding of joints can lead to corrosion accordance with the Accomplishment 917–6590. Or, e-mail information to 9–ANM– which, if undetected, could result in Instructions of Boeing Service Bulletin 737– Seattle-ACO–AMOC–[email protected]. degradation of the structural integrity of the 53–1168, Revision 3, dated November 28, (2) To request a different method of horizontal stabilizer. 2006 (for Model 737–300 series airplanes); or compliance or a different compliance time * * * * *
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The proposed AD would require ADDRESSES section. Include ‘‘Docket No. doing the repair. Doing a repair of the actions that are intended to address the FAA–2009–0432; Directorate Identifier horizontal stabilizer (which consists of unsafe condition described in the MCAI. 2008–NM–168–AD’’ at the beginning of partially replacing the lower skin from DATES: We must receive comments on your comments. We specifically invite the center line to inboard of rib 3) ends this proposed AD by June 8, 2009. comments on the overall regulatory, the repetitive inspections. ADDRESSES: You may send comments by economic, environmental, and energy You may obtain further information any of the following methods: aspects of this proposed AD. We will by examining the MCAI in the AD • Federal eRulemaking Portal: Go to consider all comments received by the docket. closing date and may amend this http://www.regulations.gov. Follow the Relevant Service Information instructions for submitting comments. proposed AD based on those comments. BAE Systems (Operations) Limited • Fax: (202) 493–2251. We will post all comments we • Mail: U.S. Department of receive, without change, to http:// has issued Inspection Service Bulletin Transportation, Docket Operations, M– www.regulations.gov, including any ISB.55–020, dated December 11, 2007; 30, West Building Ground Floor, Room personal information you provide. We and Repair Instruction Leaflet W12–140, 1200 New Jersey Avenue, SE., will also post a report summarizing each HC551H9061, Issue 3, dated January 31, Washington, DC 20590. substantive verbal contact we receive 2008. The actions described in this • Hand Delivery: U.S. Department of about this proposed AD. service information are intended to correct the unsafe condition identified Transportation, Docket Operations, M– Discussion in the MCAI. 30, West Building Ground Floor, Room The European Aviation Safety Agency W12–40, 1200 New Jersey Avenue, SE., (EASA), which is the Technical Agent FAA’s Determination and Requirements Washington, DC, between 9 a.m. and 5 for the Member States of the European of This Proposed AD p.m., Monday through Friday, except Community, has issued EASA This product has been approved by Federal holidays. Airworthiness Directive 2008–0167, the aviation authority of another For service information identified in dated September 2, 2008 (referred to country, and is approved for operation this proposed AD, contact BAE Systems after this as ‘‘the MCAI’’), to correct an in the United States. Pursuant to our Regional Aircraft, 13850 McLearen unsafe condition for the specified bilateral agreement with the State of Road, Herndon, Virginia 20171; products. The MCAI states: Design Authority, we have been notified telephone 703–736–1080; e-mail of the unsafe condition described in the [email protected]; Internet BAE Systems (Operations) Ltd has MCAI and service information http://www.baesystems.com/Businesses/ determined that in order to assure the continued structural integrity of the referenced above. We are proposing this RegionalAircraft/index.htm. You may horizontal stabilizer lower skin and joint AD because we evaluated all pertinent review copies of the referenced service plates in the rib 1 area of certain BAe 146 information and determined an unsafe information at the FAA, Transport aircraft, a revised inspection programme for condition exists and is likely to exist or Airplane Directorate, 1601 Lind this area is considered necessary. The develop on other products of the same Avenue, SW., Renton, Washington. For disbonding of joints can lead to corrosion, type design. information on the availability of this which, if undetected, could result in material at the FAA, call 425–227–1221 degradation of the structural integrity of the Differences Between This AD and the horizontal stabilizer. or 425–227–1152. For the reasons described above, this EASA MCAI or Service Information Examining the AD Docket AD requires the implementation of repetitive We have reviewed the MCAI and inspections and corrective actions, related service information and, in You may examine the AD docket on depending on findings. It also provides an general, agree with their substance. But the Internet at http:// approved repair as optional terminating we might have found it necessary to use action for the repetitive inspections. www.regulations.gov; or in person at the different words from those in the MCAI Docket Operations office between 9 a.m. The repetitive inspections for damage to ensure the AD is clear for U.S. and 5 p.m., Monday through Friday, of the left and right side of the operators and is enforceable. In making except Federal holidays. The AD docket horizontal stabilizer lower skin and these changes, we do not intend to differ contains this proposed AD, the joint plates include a detailed visual substantively from the information regulatory evaluation, any comments inspection for damage (including provided in the MCAI and related received, and other information. The distortion, loose or distorted fasteners, service information. street address for the Docket Operations and corrosion) of the horizontal We might also have proposed office (telephone (800) 647–5527) is in stabilizer lower skin, a borescopic different actions in this AD from those the ADDRESSES section. Comments will inspection for damage (including in the MCAI in order to follow FAA be available in the AD docket shortly staining, debris around the stringer and policies. Any such differences are after receipt. joint plate edges, cracked or broken highlighted in a NOTE within the FOR FURTHER INFORMATION CONTACT: stringers, and distortion or corrosion in proposed AD. Todd Thompson, Aerospace Engineer, rivet holes) of the internal structure of International Branch, ANM–116, the horizontal stabilizer, and a low Costs of Compliance Transport Airplane Directorate, FAA, frequency eddy current inspection for Based on the service information, we 1601 Lind Avenue, SW., Renton, damage (including corrosion) of the estimate that this proposed AD would Washington 98057–3356; telephone horizontal stabilizer lower skin. For affect about 5 products of U.S. registry. (425) 227–1175; fax (425) 227–1149. airplanes on which no damage is found, We also estimate that it would take SUPPLEMENTARY INFORMATION: the required actions include drilling and about 9 work-hours per product to reaming four holes and doing a detailed comply with the basic requirements of Comments Invited visual inspection of the holes for this proposed AD. The average labor We invite you to send any written distortion and corrosion. Corrective rate is $80 per work-hour. Based on relevant data, views, or arguments about actions include installing rivets, and these figures, we estimate the cost of the this proposed AD. Send your comments contacting BAE Systems (Operations) proposed AD on U.S. operators to be to an address listed under the Limited for repair instructions and $3,600, or $720 per product.
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Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Actions and Compliance Title 49 of the United States Code § 39.13 [Amended] (f) Unless already done, do the following specifies the FAA’s authority to issue actions. 2. The FAA amends § 39.13 by adding (1) Within 6 months after the effective date rules on aviation safety. Subtitle I, the following new AD: of this AD, inspect for damage of the section 106, describes the authority of BAE Systems (Operations) Limited horizontal stabilizer lower skin and joint the FAA Administrator. ‘‘Subtitle VII: (Formerly British Aerospace Regional plates, in accordance with paragraphs 2.C.(1) Aviation Programs,’’ describes in more Aircraft): Docket No. FAA–2009–0432; through 2.C.(3) of BAE Systems (Operations) detail the scope of the Agency’s Directorate Identifier 2008–NM–168–AD. Limited Inspection Service Bulletin ISB.55– authority. 020, dated December 11, 2007 (the ‘‘service We are issuing this rulemaking under Comments Due Date bulletin’’); and, if no damage is found, drill the authority described in ‘‘Subtitle VII, (a) We must receive comments by June 8, and ream four holes in accordance with Part A, Subpart III, Section 44701: 2009. paragraph 2.C.(4)(a) of the service bulletin, and do a detailed visual inspection of the General requirements.’’ Under that Affected ADs holes for distortion and corrosion, in section, Congress charges the FAA with (b) None. accordance with paragraph 2.C.(4)(b) of the promoting safe flight of civil aircraft in service bulletin. Applicability air commerce by prescribing regulations (i) If any distortion or corrosion is found for practices, methods, and procedures (c) This AD applies to BAE Systems in any rivet hole, before further flight, contact the Administrator finds necessary for (Operations) Limited Model BAe 146–100A BAE Systems (Operations) Limited for and 146–200A series airplanes, certificated in approved repair instructions and do the safety in air commerce. This regulation any category, as identified in BAE Systems is within the scope of that authority repair prior to the fitment of the rivets. (Operations) Limited Inspection Service (ii) If no distortion and no corrosion is because it addresses an unsafe condition Bulletin ISB.55–020, dated December 11, found, before further flight, install the four that is likely to exist or develop on 2007. rivets in accordance with paragraph 2.C.(4)(c) products identified in this rulemaking Subject of the service bulletin. action. (2) Repeat the inspection for damage of the (d) Air Transport Association (ATA) of horizontal stabilizer lower skin and joint Regulatory Findings America Code 55: Stabilizers. plates required by paragraph (f)(1) of this AD We determined that this proposed AD Reason thereafter at intervals not to exceed 24 months. would not have federalism implications (e) The mandatory continuing (3) If damage is found during any under Executive Order 13132. This airworthiness information (MCAI) states: inspection required by paragraph (f)(1) or BAE Systems (Operations) Ltd has proposed AD would not have a (f)(2) of this AD, before further flight, contact determined that in order to assure the substantial direct effect on the States, on BAE Systems (Operations) Limited in continued structural integrity of the the relationship between the national accordance with paragraph 2.C.(5) of BAE horizontal stabilizer lower skin and joint Government and the States, or on the Systems (Operations) Limited Inspection plates in the rib 1 area of certain BAe 146 distribution of power and aircraft, a revised inspection programme for Service Bulletin ISB.55–020, dated December responsibilities among the various this area is considered necessary. The 11, 2007 (‘‘the service bulletin’’), and levels of government. disbonding of joints can lead to corrosion, accomplish an approved repair in accordance For the reasons discussed above, I which, if undetected, could result in with paragraph 2.C.(6) of the service bulletin. degradation of the structural integrity of the (4) Doing the repair of the horizontal certify this proposed regulation: stabilizer in accordance with BAE Systems 1. Is not a ‘‘significant regulatory horizontal stabilizer. For the reasons described above, this EASA (Operations) Limited Repair Instruction action’’ under Executive Order 12866; Leaflet (RIL) HC551H9061, Issue 3, dated 2. Is not a ‘‘significant rule’’ under the AD requires the implementation of repetitive inspections and corrective actions, January 31, 2008, on the left and right sides DOT Regulatory Policies and Procedures depending on findings. It also provides an of the horizontal stabilizer, terminates the (44 FR 11034, February 26, 1979); and approved repair as optional terminating repetitive inspections required by paragraph 3. Will not have a significant action for the repetitive inspections. (f)(2) of this AD. economic impact, positive or negative, The repetitive inspections for damage of (5) Actions accomplished before the on a substantial number of small entities the left and right side of the horizontal effective date of this AD according to BAE Systems (Operations) Limited RIL under the criteria of the Regulatory stabilizer lower skin and joint plates include a detailed visual inspection for damage HC551H9061, Issue 2, dated November 16, Flexibility Act. 2007, are considered acceptable for We prepared a regulatory evaluation (including distortion, loose or distorted fasteners, and corrosion) of the horizontal compliance with the corresponding action of the estimated costs to comply with stabilizer lower skin, a borescopic inspection specified in this AD. this proposed AD and placed it in the for damage (including staining, debris around FAA AD Differences AD docket. the stringer and joint plate edges, cracked or broken stringers, and distortion or corrosion Note: This AD differs from the MCAI and/ List of Subjects in 14 CFR Part 39 in rivet holes) of the internal structure of the or service information as follows: No Air transportation, Aircraft, Aviation horizontal stabilizer, and a low frequency differences. eddy current inspection for damage safety, Incorporation by reference, Other FAA AD Provisions Safety. (including corrosion) of the horizontal stabilizer lower skin. For airplanes on which (g) The following provisions also apply to The Proposed Amendment no damage is found, the required actions this AD: include drilling and reaming four holes and (1) Alternative Methods of Compliance Accordingly, under the authority doing a detailed visual inspection of the (AMOCs): The Manager, International delegated to me by the Administrator, holes for distortion and corrosion. Corrective Branch, ANM–116, Transport Airplane the FAA proposes to amend 14 CFR part actions include installing rivets, and Directorate, FAA, has the authority to 39 as follows: contacting BAE Systems (Operations) approve AMOCs for this AD, if requested Limited for repair instructions and doing the using the procedures found in 14 CFR 39.19. PART 39—AIRWORTHINESS repair. Doing a repair of the horizontal Send information to ATTN: Todd Thompson, DIRECTIVES stabilizer (which consists of partially Aerospace Engineer, International Branch, replacing the lower skin from the center line ANM–116, Transport Airplane Directorate, 1. The authority citation for part 39 to inboard of rib 3) ends the repetitive FAA, 1601 Lind Avenue, SW., Renton, continues to read as follows: inspections. Washington 98057–3356; telephone (425)
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227–1175; fax (425) 227–1149. Before using engine core compartment; the fire 1601 Lind Avenue, SW., Renton, any approved AMOC on any airplane to progressed into the latch beam cavity Washington 98057–3356; telephone which the AMOC applies, notify your and was fueled by oil from a damaged (425) 917–6500; fax (425) 917–6590. principal maintenance inspector (PMI) or integrated drive generator oil line. We principal avionics inspector (PAI), as SUPPLEMENTARY INFORMATION: appropriate, or lacking a principal inspector, are proposing this AD to prevent a fire your local Flight Standards District Office. from entering the cowl or strut area, Comments Invited (2) Airworthy Product: For any which could weaken T/R parts and requirement in this AD to obtain corrective result in reduced structural integrity of We invite you to send any written actions from a manufacturer or other source, the T/R, possible separation of T/R parts relevant data, views, or arguments about use these actions if they are FAA-approved. during flight, and consequent damage to this proposed AD. Send your comments Corrective actions are considered FAA- the airplane and injury to people or to an address listed under the approved if they are approved by the State damage to property on the ground. ADDRESSES section. Include ‘‘Docket No. of Design Authority (or their delegated agent). You are required to assure the product DATES: We must receive comments on FAA–2009–0430; Directorate Identifier is airworthy before it is returned to service. this proposed AD by June 22, 2009. 2008–NM–148–AD’’ at the beginning of (3) Reporting Requirements: For any ADDRESSES: You may send comments by your comments. We specifically invite reporting requirement in this AD, under the any of the following methods: comments on the overall regulatory, provisions of the Paperwork Reduction Act, • Federal eRulemaking Portal: Go to economic, environmental, and energy the Office of Management and Budget (OMB) aspects of this proposed AD. We will has approved the information collection http://www.regulations.gov. Follow the instructions for submitting comments. consider all comments received by the requirements and has assigned OMB Control • Number 2120–0056. Fax: 202–493–2251. closing date and may amend this • Mail: U.S. Department of proposed AD because of those Related Information Transportation, Docket Operations, M– comments. (h) Refer to MCAI European Aviation 30, West Building Ground Floor, Room Safety Agency (EASA) Airworthiness We will post all comments we W12–140, 1200 New Jersey Avenue, SE., receive, without change, to http:// Directive 2008–0167, dated September 2, Washington, DC 20590. www.regulations.gov, including any 2008; BAE Systems (Operations) Limited • Hand Delivery: U.S. Department of Service Bulletin ISB.55–020, dated December personal information you provide. We Transportation, Docket Operations, M– 11, 2007; and BAE Systems (Operations) will also post a report summarizing each 30, West Building Ground Floor, Room Limited Repair Instruction Leaflet substantive verbal contact we receive HC551H9061, Issue 3, dated January 31, W12–140, 1200 New Jersey Avenue, SE., 2008; for related information. Washington, DC 20590, between 9 a.m. about this proposed AD. Issued in Renton, Washington, on May 1, and 5 p.m., Monday through Friday, Discussion 2009. except Federal holidays. Stephen P. Boyd, For service information identified in We have received a report of an in- this AD, contact Boeing Commercial flight shutdown due to an engine fire Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. Airplanes, Attention: Data & Services indication; an under-cowl engine fire Management, P.O. Box 3707, MC 2H–65, [FR Doc. E9–10615 Filed 5–6–09; 8:45 am] was extinguished after landing. The Seattle, Washington 98124–2207; cause of the fire was uncontained failure BILLING CODE 4910–13–P telephone 206–544–5000, extension 1, of the starter in the engine core fax 206–766–5680; e-mail compartment; the fire progressed into DEPARTMENT OF TRANSPORTATION [email protected]; Internet the latch beam cavity and was fueled by https://www.myboeingfleet.com. You oil from a damaged integrated drive Federal Aviation Administration may review copies of the referenced generator oil line. The fire breached the service information at the FAA, bolt on the aluminum plate on the rear 14 CFR Part 39 Transport Airplane Directorate, 1601 of the latch beam firewall and moved Lind Avenue, SW., Renton, Washington. inside the translating sleeve. Installation [Docket No. FAA–2009–0430; Directorate For information on the availability of Identifier 2008–NM–148–AD] of a thermal insulation blanket over the this material at the FAA, call 425–227– bolt on the aluminum plate area at the RIN 2120–AA64 1221 or 425–227–1152. rear of the latch beam will protect that Airworthiness Directives; Boeing Examining the AD Docket area of the firewall so it is not breached Model 777–200 Series Airplanes You may examine the AD docket on by fire. A fire entering the cowl or strut the Internet at http:// area could weaken thrust reverser (T/R) AGENCY: Federal Aviation parts and result in reduced structural Administration (FAA), DOT. www.regulations.gov; or in person at the Docket Management Facility between 9 integrity of the T/R, possible separation ACTION: Notice of proposed rulemaking a.m. and 5 p.m., Monday through of T/R parts during flight, and (NPRM). Friday, except Federal holidays. The AD consequent damage to the airplane and injury to people or damage to property SUMMARY: We propose to adopt a new docket contains this proposed AD, the airworthiness directive (AD) for certain regulatory evaluation, any comments on the ground. Boeing Model 777–200 series airplanes. received, and other information. The Relevant Service Information This proposed AD would require street address for the Docket Office installing a new insulation blanket on (telephone 800–647–5527) is in the We have reviewed Boeing Service the latch beam firewall of each thrust ADDRESSES section. Comments will be Bulletin 777–78A0066, Revision 1, reverser (T/R) half. This proposed AD available in the AD docket shortly after dated March 12, 2009. The service results from an in-flight shutdown due receipt. bulletin describes procedures for to an engine fire indication; an under- FOR FURTHER INFORMATION CONTACT: installing bonded studs and a new cowl engine fire was extinguished after Margaret Langsted, Aerospace Engineer, thermal insulation blanket with sealant landing. The cause of the fire was Propulsion Branch, ANM–140S, FAA, on the latch beam firewall of each T/R uncontained failure of the starter in the Seattle Aircraft Certification Office, half.
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FAA’s Determination and Requirements 3. Will not have a significant Installation of Insulation Blanket of This Proposed AD economic impact, positive or negative, (g) Within 60 months or 4,500 flight cycles We are proposing this AD because we on a substantial number of small entities after the effective date of this AD, whichever evaluated all relevant information and under the criteria of the Regulatory is first: Install a new insulation blanket on the latch beam firewall of each T/R half by determined the unsafe condition Flexibility Act. You can find our regulatory doing all the applicable actions specified in described previously is likely to exist or the Accomplishment Instructions of Boeing develop in other products of the same evaluation and the estimated costs of Service Bulletin 777–78A0066, Revision 1, type design. This proposed AD would compliance in the AD Docket. dated March 12, 2009. require accomplishing the actions List of Subjects in 14 CFR Part 39 Credit for Actions Done Using Previous specified in the service information Service Information described previously. Air transportation, Aircraft, Aviation safety, Incorporation by reference, (h) Actions done before the effective date Costs of Compliance Safety. of this AD in accordance with Boeing Alert We estimate that this proposed AD Service Bulletin 777–78A0066, dated June 5, The Proposed Amendment 2008, are acceptable for compliance with the would affect 25 airplanes of U.S. corresponding requirements of paragraph (g) registry. We also estimate that it would Accordingly, under the authority of this AD. take about 7 work-hours per product to delegated to me by the Administrator, comply with this proposed AD. The the FAA proposes to amend 14 CFR part Alternative Methods of Compliance (AMOCs) average labor rate is $80 per work-hour. 39 as follows: Required parts would cost between (i)(1) The Manager, Seattle Aircraft $3,546 and $5,253 per product. Based PART 39—AIRWORTHINESS Certification Office (ACO), FAA, has the on these figures, we estimate the cost of DIRECTIVES authority to approve AMOCs for this AD, if requested using the procedures found in 14 this proposed AD to the U.S. operators CFR 39.19. Send information to ATTN: to be between $102,650 and 145,325, or 1. The authority citation for part 39 continues to read as follows: Margaret Langsted, Aerospace Engineer, between $4,106 and $5,813 per product. Propulsion Branch, ANM–140S, FAA, Seattle Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking ACO, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) Title 49 of the United States Code § 39.13 [Amended] 917–6500; fax (425) 917–6590. Or, e-mail specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding information to 9-ANM-Seattle-ACO-AMOC- rules on aviation safety. Subtitle I, the following new AD: [email protected]. (2) To request a different method of section 106, describes the authority of Boeing: Docket No. FAA–2009–0430; the FAA Administrator. ‘‘Subtitle VII: compliance or a different compliance time Directorate Identifier 2008–NM–148–AD. for this AD, follow the procedures in 14 CFR Aviation Programs,’’ describes in more Comments Due Date 39.19. Before using any approved AMOC on detail the scope of the Agency’s any airplane to which the AMOC applies, authority. (a) We must receive comments by June 22, notify your principal maintenance inspector We are issuing this rulemaking under 2009. (PMI) or principal avionics inspector (PAI), the authority described in ‘‘Subtitle VII, Affected ADs as appropriate, or lacking a principal inspector, your local Flight Standards District Part A, Subpart III, Section 44701: (b) None. General requirements.’’ Under that Office. The AMOC approval letter must section, Congress charges the FAA with Applicability specifically reference this AD. promoting safe flight of civil aircraft in (c) This AD applies to Boeing Model 777– Issued in Renton, Washington, on May 1, air commerce by prescribing regulations 200 series airplanes, certificated in any 2009. for practices, methods, and procedures category; as identified in Boeing Service Stephen P. Boyd, the Administrator finds necessary for Bulletin 777–78A0066, Revision 1, dated Acting Manager, Transport Airplane safety in air commerce. This regulation March 12, 2009. Directorate, Aircraft Certification Service. is within the scope of that authority Unsafe Condition [FR Doc. E9–10613 Filed 5–6–09; 8:45 am] because it addresses an unsafe condition (d) This AD results from an in-flight BILLING CODE 4910–13–P that is likely to exist or develop on shutdown due to an engine fire indication; an products identified in this rulemaking under-cowl engine fire was extinguished action. after landing. The cause of the fire was DEPARTMENT OF TRANSPORTATION uncontained failure of the starter in the Regulatory Findings engine core compartment; the fire progressed Federal Aviation Administration We determined that this proposed AD into the latch beam cavity and was fueled by would not have federalism implications oil supplied by a damaged integrated drive 14 CFR Part 39 under Executive Order 13132. This generator oil line. We are issuing this AD to prevent a fire from entering the cowl or strut [Docket No. FAA–2009–0418; Directorate proposed AD would not have a area, which could weaken thrust reverser (T/ Identifier 2009–NM–020–AD] substantial direct effect on the States, on R) parts and result in reduced structural RIN 2120–AA64 the relationship between the national integrity of the T/R, possible separation of T/ Government and the States, or on the R parts during flight, and consequent damage Airworthiness Directives; Empresa distribution of power and to the airplane and injury to people or damage to property on the ground. Brasileira de Aeronautica S.A. responsibilities among the various (EMBRAER) Model ERJ 190 Airplanes levels of government. Subject For the reasons discussed above, I AGENCY: Federal Aviation certify this proposed regulation: (e) Air Transport Association (ATA) of America Code 78: Exhaust. Administration (FAA), DOT. 1. Is not a ‘‘significant regulatory ACTION: Notice of proposed rulemaking action’’ under Executive Order 12866, Compliance (NPRM). 2. Is not a ‘‘significant rule’’ under the (f) Comply with this AD within the DOT Regulatory Policies and Procedures compliance times specified, unless already SUMMARY: We propose to adopt a new (44 FR 11034, February 26, 1979), and done. airworthiness directive (AD) for the
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products listed above. This proposed contains this proposed AD, the Relevant Service Information AD results from mandatory continuing regulatory evaluation, any comments Embraer has issued Service Bulletin airworthiness information (MCAI) received, and other information. The 190–57–0023, dated June 9, 2008. The originated by an aviation authority of street address for the Docket Operations actions described in this service another country to identify and correct office (telephone (800) 647–5527) is in information are intended to correct the an unsafe condition on an aviation the ADDRESSES section. Comments will unsafe condition identified in the product. The MCAI describes the unsafe be available in the AD docket shortly MCAI. condition as: after receipt. FAA’s Determination and Requirements FOR FURTHER INFORMATION CONTACT: During routine inspection procedures on of This Proposed AD the wing assembly line it was identified the Kenny Kaulia, Aerospace Engineer, possibility of cracks and deformation International Branch, ANM–116, This product has been approved by developing during assembly on the internal Transport Airplane Directorate, FAA, the aviation authority of another wing spars and rib flanges, causing a safe[ty] 1601 Lind Avenue, SW., Renton, country, and is approved for operation margin reduction. Washington 98057–3356; telephone in the United States. Pursuant to our * * * * * (425) 227–2848; fax (425) 227–1149. bilateral agreement with the State of The unsafe condition is cracking and SUPPLEMENTARY INFORMATION: Design Authority, we have been notified deformation of wing spar and rib of the unsafe condition described in the flanges, which could result in loss of Comments Invited MCAI and service information structural integrity of the wing. The We invite you to send any written referenced above. We are proposing this proposed AD would require actions that relevant data, views, or arguments about AD because we evaluated all pertinent are intended to address the unsafe this proposed AD. Send your comments information and determined an unsafe condition described in the MCAI. to an address listed under the condition exists and is likely to exist or DATES: We must receive comments on ADDRESSES section. Include ‘‘Docket No. develop on other products of the same this proposed AD by June 8, 2009. FAA–2009–0418; Directorate Identifier type design. ADDRESSES: You may send comments by 2009–NM–020–AD’’ at the beginning of Differences Between This AD and the any of the following methods: your comments. We specifically invite MCAI or Service Information • comments on the overall regulatory, Federal eRulemaking Portal: Go to We have reviewed the MCAI and economic, environmental, and energy http://www.regulations.gov. Follow the related service information and, in aspects of this proposed AD. We will instructions for submitting comments. general, agree with their substance. But • consider all comments received by the Fax: (202) 493–2251. we might have found it necessary to use • closing date and may amend this Mail: U.S. Department of different words from those in the MCAI proposed AD based on those comments. Transportation, Docket Operations, M– to ensure the AD is clear for U.S. We will post all comments we 30, West Building Ground Floor, Room operators and is enforceable. In making receive, without change, to http:// W12–140, 1200 New Jersey Avenue, SE., these changes, we do not intend to differ www.regulations.gov, including any Washington, DC 20590. substantively from the information • personal information you provide. We Hand Delivery: U.S. Department of provided in the MCAI and related will also post a report summarizing each Transportation, Docket Operations, M– service information. 30, West Building Ground Floor, Room substantive verbal contact we receive We might also have proposed W12–40, 1200 New Jersey Avenue, SE., about this proposed AD. different actions in this AD from those Washington, DC, between 9 a.m. and 5 Discussion in the MCAI in order to follow FAA p.m., Monday through Friday, except policies. Any such differences are The Ageˆncia Nacional de Aviac¸a˜o Federal holidays. highlighted in a NOTE within the Civil (ANAC), which is the aviation For service information identified in proposed AD. this proposed AD, contact Empresa authority for Brazil, has issued Brazilian Brasileira de Aeronautica S.A. Airworthiness Directive 2008–10–03, Costs of Compliance (EMBRAER), Technical Publications effective October 21, 2008 (referred to Based on the service information, we Section (PC 060), Av. Brigadeiro Faria after this as ‘‘the MCAI’’), to correct an estimate that this proposed AD would Lima, 2170—Putim—12227–901 Sa˜o unsafe condition for the specified affect 27 products of U.S. registry. We Jose dos Campos-SP—BRASIL; products. The MCAI states: also estimate that it would take 10 work- telephone: +55 12 3927–5852 or +55 12 During routine inspection procedures on hours per product to comply with the 3309–0732; fax: +55 12 3927–7546; e- the wing assembly line it was identified the basic requirements of this proposed AD. mail: [email protected]; Internet: possibility of cracks and deformation The average labor rate is $80 per work- http://www.flyembraer.com. You may developing during assembly on the internal hour. Based on these figures, we review copies of the referenced service wing spars and rib flanges, causing a safe[ty] estimate the cost of the proposed AD on margin reduction. information at the FAA, Transport U.S. operators to be $21,600, or $800 per Airplane Directorate, 1601 Lind * * * * * product. Avenue, SW., Renton, Washington. For The unsafe condition is cracking and information on the availability of this deformation of wing spar and rib Authority for This Rulemaking material at the FAA, call 425–227–1221 flanges, which could result in loss of Title 49 of the United States Code or 425–227–1152. structural integrity of the wing. specifies the FAA’s authority to issue Corrective actions include performing a rules on aviation safety. Subtitle I, Examining the AD Docket detailed inspection for damage on wing section 106, describes the authority of You may examine the AD docket on spar I, II, and III flanges and on certain the FAA Administrator. ‘‘Subtitle VII: the Internet at http:// rib flanges, and contacting ANAC (or its Aviation Programs,’’ describes in more www.regulations.gov; or in person at the delegated agent) and Embraer for an detail the scope of the Agency’s Docket Operations office between 9 a.m. approved repair. You may obtain further authority. and 5 p.m., Monday through Friday, information by examining the MCAI in We are issuing this rulemaking under except Federal holidays. The AD docket the AD docket. the authority described in ‘‘Subtitle VII,
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Part A, Subpart III, Section 44701: Affected ADs Aerospace Engineer, International Branch, General requirements.’’ Under that (b) None. ANM–116, Transport Airplane Directorate, section, Congress charges the FAA with FAA, 1601 Lind Avenue, SW., Renton, Applicability promoting safe flight of civil aircraft in Washington 98057–3356; telephone (425) (c) This AD applies to EMBRAER Model 227–2848; fax (425) 227–1149. Before using air commerce by prescribing regulations any approved AMOC on any airplane to for practices, methods, and procedures ERJ 190–100 ECJ, –100 LR, –100 IGW, –100 STD, –200 STD, –200 LR, and –200 IGW which the AMOC applies, notify your the Administrator finds necessary for airplanes, certificated in any category, serial principal maintenance inspector (PMI) or safety in air commerce. This regulation numbers 19000002, 19000004, and 19000006 principal avionics inspector (PAI), as is within the scope of that authority through 19000062 inclusive. appropriate, or lacking a principal inspector, because it addresses an unsafe condition your local Flight Standards District Office. Subject that is likely to exist or develop on (2) Airworthy Product: For any products identified in this rulemaking (d) Air Transport Association (ATA) of requirement in this AD to obtain corrective America Code 57: Wings. actions from a manufacturer or other source, action. use these actions if they are FAA-approved. Reason Regulatory Findings Corrective actions are considered FAA- (e) The mandatory continuing approved if they are approved by the State We determined that this proposed AD airworthiness information (MCAI) states: of Design Authority (or their delegated would not have federalism implications During routine inspection procedures on agent). You are required to assure the product under Executive Order 13132. This the wing assembly line it was identified the is airworthy before it is returned to service. proposed AD would not have a possibility of cracks and deformation (3) Reporting Requirements: For any substantial direct effect on the States, on developing during assembly on the internal reporting requirement in this AD, under the the relationship between the national wing spars and rib flanges, causing a safe[ty] provisions of the Paperwork Reduction Act, margin reduction. the Office of Management and Budget (OMB) Government and the States, or on the has approved the information collection distribution of power and * * * * * The unsafe condition is cracking and requirements and has assigned OMB Control responsibilities among the various Number 2120–0056. levels of government. deformation of wing spar and rib flanges, which could result in loss of structural Related Information For the reasons discussed above, I integrity of the wing. Corrective actions (h) Refer to MCAI Brazilian Airworthiness certify this proposed regulation: include performing a detailed inspection for Directive 2008–10–03, effective October 21, 1. Is not a ‘‘significant regulatory damage on wing spar I, II, and III flanges and 2008; and Embraer Service Bulletin 190–57– action’’ under Executive Order 12866; on certain rib flanges, and contacting Ageˆncia 0023, dated June 9, 2008; for related 2. Is not a ‘‘significant rule’’ under the Nacional de Aviac¸a˜o Civil (ANAC) (or its information. DOT Regulatory Policies and Procedures delegated agent) and Embraer for an (44 FR 11034, February 26, 1979); and approved repair. Issued in Renton, Washington, on April 30, 2009. 3. Will not have a significant Actions and Compliance economic impact, positive or negative, Stephen P. Boyd, (f) Unless already done, do the following Acting Manager, Transport Airplane on a substantial number of small entities actions. Directorate, Aircraft Certification Service. under the criteria of the Regulatory (1) Before 5,000 total flight cycles on the Flexibility Act. airplane, or within 1,000 flight cycles after [FR Doc. E9–10624 Filed 5–6–09; 8:45 am] We prepared a regulatory evaluation the effective date of this AD, whichever BILLING CODE 4910–13–P of the estimated costs to comply with occurs later: Perform a detailed inspection of this proposed AD and placed it in the the left and right wing rib and spars I, II, and AD docket. III flanges, in accordance with the DEPARTMENT OF TRANSPORTATION Accomplishment Instructions of Embraer List of Subjects in 14 CFR Part 39 Service Bulletin 190–57–0023, dated June 9, Federal Aviation Administration Air transportation, Aircraft, Aviation 2008. (2) If any cracking or deformation is 14 CFR Part 145 safety, Incorporation by reference, detected during the inspection required by Safety. paragraph (f)(1) of this AD, before further [Docket No. FAA–2006–26408] The Proposed Amendment flight, send the inspection results and request for repair instructions to ANAC (or its RIN 2120–AI53 Accordingly, under the authority delegated agent) and Embraer Technical delegated to me by the Administrator, Support; e-mail [email protected]; Repair Stations; Withdrawal the FAA proposes to amend 14 CFR part and do the repair. AGENCY: Federal Aviation 39 as follows: FAA AD Differences Administration (FAA), DOT. ACTION: PART 39—AIRWORTHINESS Note 1: This AD differs from the MCAI Notice of proposed rulemaking DIRECTIVES and/or service information as follows: (NPRM); withdrawal. Although the MCAI or service information 1. The authority citation for part 39 allows further flight after cracks are found SUMMARY: The FAA is withdrawing a continues to read as follows: during compliance with the required action, previously published NPRM that paragraph (f)(2) of this AD requires that you proposed to revise the system of ratings Authority: 49 U.S.C. 106(g), 40113, 44701. repair the crack(s) before further flight. and require repair stations to establish § 39.13 [Amended] a quality program. The NPRM also Other FAA AD Provisions proposed to require each repair station 2. The FAA amends § 39.13 by adding (g) The following provisions also apply to the following new AD: to maintain a capability list, designate a this AD: chief inspector, and have permanent Empresa Brasileira de Aeronautica S.A. (1) Alternative Methods of Compliance housing for facilities, equipment, (AMOCs): The Manager, International (Embraer): Docket No. FAA–2009–0418; materials, and personnel. The proposal Directorate Identifier 2009–NM–020–AD. Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to would have specified additional Comments Due Date approve AMOCs for this AD, if requested instances where the FAA may deny a (a) We must receive comments by June 8, using the procedures found in 14 CFR 39.19. repair station certificate, and clarified 2009. Send information to ATTN: Kenny Kaulia, some existing repair station regulations.
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We are withdrawing the NPRM because for which they are rated. The list would Oversight and Inconsistent Application we have determined that it does not identify each article by manufacturer Comments received from the adequately address the current repair and the type, make, model, category or International Brotherhood of Teamsters, station environment, and because of the other nomenclature designated by the Professional Airways Systems significant issues commenters raised. article’s manufacturer. Repair stations Specialists, and Transportation Trades DATES: The proposed rule published on with an Avionics or a Component rating Department generally support the December 1, 2006 (71 FR 70254), is would be required to organize their lists proposal. The unions did argue, withdrawn as of May 7, 2009. by category of the article. however, that the agency did not go far • FOR FURTHER INFORMATION CONTACT: The FAA would revise the ratings enough in certain areas involving George W. Bean, Repair Station Branch, and classes that may be issued to a oversight and surveillance. While the AFS–340, Federal Aviation certificated repair station. The proposed issues they raised were outside the Administration, 955 L’Enfant Plaza, amendments included ones that would scope of the proposal, various legislative SW., Washington, DC 20024; telephone discontinue the issuance of limited proposals under consideration by the 202–385–6405; facsimile (202) 385– ratings, and instead allow issuance of Congress may address these issues in 6474, e-mail [email protected]. limitations to the rating the certificated the future. repair station holds. SUPPLEMENTARY INFORMATION: • The FAA would require repair Ratings Background stations to establish a quality system Several commenters, including In 1989, the FAA held four public that includes an internal evaluation Southern Avionics & Communications, meetings to provide a forum for the system that reviews the complete repair Executive AutoPilots, Inc., Genesis public to comment on possible revisions station once a year. Aviation, Aircom Avionics, American • to the rules governing repair stations. Applicants for a repair station Airlines, Turbine Weld, Inc., and others, After considering the comments and certificate would include a letter of expressed general disapproval of the data collected from these meetings, the compliance as part of their application. proposed rating system. Spirit Avionics, Ltd., believes to FAA published the Repair Stations • A certificate holder would be combine the proposed new avionics notice of proposed rulemaking (NPRM) required to provide permanent housing rating with current market forces will in June 1999.1 Subsequently, in August for its facilities, equipment, materials, negatively affect the ability of avionics- 2001, the FAA published the Repair and personnel. only repair stations to remain viable. Stations; final rule with request for • Certificate holders would be required to designate a chief inspector. The commenter said the NPRM does not comments and direct final rule with recognize that avionics service facilities 2 • The FAA would use certification request for comments; final rule. The are transitioning to flight line repairs from an authority ‘‘acceptable to the FAA requested comments on the and avionics upgrades as main sources FAA’’ as a basis for issuing a certificate paperwork burden and on removing of revenue. The commenter also said the 3 to a person located outside the United appendix A from part 145, which the NPRM does not recognize that avionics FAA had not originally proposed. States. • repair stations’ ability to perform such On October 19, 2001, the FAA tasked The FAA would identify reasons it services are based primarily on the the Aviation Rulemaking Advisory could use to deny the issuance of a avionics equipment onboard the aircraft Committee (ARAC) to address ratings repair station certificate. rather than on the type, make, or model and quality assurance for repair of the aircraft. 4 Discussion of Comments stations. ARAC provided its Midcoast Aviation said while it recommendations in May 2002.5 The FAA received more than 500 believes including electrical equipment On December 1, 2006, the FAA comments to the NPRM. While there as part of an avionics rating to be published the NPRM entitled Repair was general support for the need to appropriate, it does not see legitimacy Stations 6 that considered ARAC’s revise the repair station rules, several in removing those [electrical] systems/ recommendations. The comment period commenters asked us to withdraw the components from the aircraft or closed on March 1, 2007. However, the rule. Many other commenters expressed powerplant rating. FAA received a request from the concerns related to ratings (particularly Goodrich Aviation Technical Services Aeronautical Repair Station Association avionics rating), capability list, quality said the proposed rule does not (ARSA) to extend the comment period. system, letter of compliance, chief adequately define the type of work In a notice published in the Federal inspector, housing and facilities, the required for the avionics rating. It said Register on February 27, 2007, the FAA FAA’s denial of a repair station a repair station with an aircraft, granted a 45-day comment period certificate, and some were out of scope. powerplant, or propeller rating should extension to April 16, 2007.7 Requests To Withdraw the NPRM not be required to obtain a separate The December 1, 2006 NPRM, avionics rating to maintain articles applicable to repair station operators The ARSA, Aircraft Electronics associated with its ratings and and applicants, proposed the following Association (AEA), AGC Incorporated, capabilities. Midcoast Aviation changes to part 145: Spirit Avionics, Ltd., Temple commented similarly. • Repair stations would establish and Electronics Company, and Lynden Air Spirit Avionics, Ltd., and Griffin maintain a capability list of all articles Cargo recommended withdrawal of the Avionics, Inc., commented the change rule. While ARSA commended the FAA from an airframe to an aircraft rating is 1 64 FR 33142; June 21, 1999. for attempting to clarify and simplify ambiguous and completely unnecessary. 2 66 FR 41088; August 6, 2001. the rating system, it suggested the FAA These commenters argued that this 3 This Appendix set forth job functions and issue a supplemental notice of proposed change is unwarranted and would result equipment requirements for repair stations. rulemaking that considers the comments in dramatic increases in administrative 4 66 FR 53281; October 19, 2001. 5 http://www.faa.gov/regulations_policies/ to the NPRM. The other commenters costs, without improving aircraft rulemaking/committees/arac/. recommended withdrawal because there maintenance safety or capability. 6 71 FR 70254; December 1, 2006. has been too much regulation of repair ARSA said since all ratings would 7 72 FR 8641; February 27, 2007. stations within the past few years. require a capabilities list under the
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proposal, there does not appear to be a AEA and Temple Electronics Aerospace, and several individual need for class ratings. It also said it does Company believe the stated benefit of commenters expressed support for the not agree with the limitations of some the quality system requirements is based above sentiments. of the ratings or the proposed on ‘‘false premises’’ because the FAA Housing and Facilities requirement for capabilities listing. cited different cost-benefit estimates in Other commenters expressed a similar prior repair station rules. They The NATA, Midcoast Aviation, and disagreement with the limitations and commented that the FAA removed the Spirit Avionics, Ltd., said if the aircraft privileges of some ratings, stating the quality assurance requirements and personnel are protected during the limitations do not appear consistent. proposed in the 1999 NPRM from the repair or maintenance process, there is subsequent 2001 final rule because the no need to build or lease an expensive Capability List requirements were overly burdensome hangar, which may prove to be Eighteen commenters, including and not cost effective. The commenters financially unsound. Chromalloy Connecticut, Southern further said that, despite removal of United Airlines and Islip Avionics, Avionics and Communication, Avionics these requirements from the 2001 final Inc., disagreed with the proposed Shop, Inc., Turbine Weld, Inc., rule, the FAA introduced similar permanent housing provision. They said Association of Asia Pacific Airlines, requirements in the 2006 NPRM, they disagreed because not all repair or National Air Transportation Association without taking time to assess whether maintenance work requires a fully (NATA), and others, stated strong the prior rule had proven successful. enclosed facility as some operations can opposition to the proposed capability Spirit Avionics, Ltd., Weld Avionics, be performed at the maintenance list requirement. These commenters Inc., Southern Avionics & terminal, instead of at the hangar. Also, expressed concern that the proposed Communications, Executive AutoPilots, they said that some repair stations are requirement would cause chaos and Inc., Vero Beach Avionics, Inc., Aircraft located at airports that are publicly bankruptcy. They said such Owners and Pilots Association, and two owned. requirements are not justified, are individual commenters said if a repair General Electric Company, Aviation unnecessary, are irrelevant, and are station properly performs maintenance Services, Boeing, and Aerospace economically punitive, without offering according to FAA-approved processes, Industries commented that repair further safety benefits. maintaining a Quality Assurance stations holding aircraft ratings with Boeing believes the capability list System would be extremely burdensome limitations must not be subject to the would require a significant amount of and would have little merit. undue burden of obtaining permanent housing. These commenters said the administrative resources to be kept Letter of Compliance current and would require excessive housing requirements should be in line ARSA, AEA, Temple Electronics with the appropriate ratings limitations. amounts of information to be Company, and Aeropro, Inc., said a documented and tracked, particularly mandatory Letter of Compliance would Denial of a Repair Station Certificate for larger repair stations. Boeing sees be burdensome, unnecessary, and Aviation Services, Inc., (ASI) does not minimal to no safety benefits from these redundant. AEA said the letter is a agree that a person who has had a repair proposed requirements. carryover from the period when the station certificate revoked and met the Airbus believes the requirement for a repair station manual was simply a other applicable conditions should be capability list is implicitly included in statement of commitment to comply permanently ineligible for issuance of a § 145.211. While it fully understands with the regulations. Aeropro, Inc., repair station certificate, as proposed in the need for a standardized format for commented that because something has § 145.53. ASI expressed concern that the such a list, the details as proposed in been a long standing practice is not primary basis for the FAA’s proposed § 145.215 seem to go beyond a practical sufficient reason to include it as a permanent revocation is based on one documentation under an approved mandatory provision in the rule. It said incident that ASI believes is not system. including language similar to that in representative. It said if a permanent A number of commenters, including § 119.35, for certificate applications, revocation is appropriate, it should United Airlines, Turbine Weld, Inc., would be more appropriate. apply only to repair stations that Griffin Avionics, Inc., AEA, and Temple perform work for persons who operate Chief Inspector Electronics Company object to the under parts 121 and 135. proposed capability list because it could ARSA asked the FAA to withdraw the Aviation Suppliers Association require having several hundred types of proposed requirement for a chief (ASA), AEA, Temple Electronics ratings attached to a single repair station inspector, unless the agency can provide Company, and Aeropro, Inc., believe aircraft rating. a specific definition of the position and proposed § 145.53(c) would apply Quality System justify the position’s expenses against overly severe punishment. AEA and an increase in safety. Similarly, Temple Electronics Company suggested ARSA commented that the majority of Aerospace Industries Association of that any revocation should be bound by repair stations have not instituted America commented that its member some time frame and should be quality assurance systems and most do companies cannot support the proposed included as part of the enforcement not use computers. Therefore, requirement to create a chief inspector action that revoked the certificate. reviewing, changing, and maintaining post in every repair station. The NPRM An individual commenter said, while the proposed quality system would be does not clearly define the functional the rule punishes inappropriate expensive. Also, ARSA said repair responsibilities, accountability, and behavior, it does little to positively stations cannot be held responsible for authority of the position, nor are the reinforce the safety culture created and compliance with all part 145 benefits of having such a position sustained by top management. regulations. But, can be held clearly defined. accountable only for ensuring Several other commenters, including Reason for Withdrawal compliance with those requirements Chromalloy Gas Turbine Corp., Boeing, We are withdrawing the December under their specific responsibility and TCI Inc., Aeropro, Inc., British Airways, 2006 Repair Station NPRM because it control. Vero Beach Avionics, Inc., Marshall does not adequately address the current
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repair station operating environment. Issued in Washington, DC, on April 30, advisability of increasing the ANC Also, we are withdrawing it because of 2009. requirement for FCMs that are also the many significant issues commenters Chester D. Dalbey, securities brokers and dealers by the to the NPRM raised, which the FAA Deputy Director, Flight Standards Service. amount of net capital required by the needs to consider in developing a better [FR Doc. E9–10638 Filed 5–6–09; 8:45 am] Securities and Exchange Commission proposal. BILLING CODE 4910–13–P (‘‘SEC’’) Rule 15c3–1(a). The current NPRM is based on DATES: Submit comments on or before recommendations developed in 2001 by July 6, 2009. ARAC. At that time, air carriers COMMODITY FUTURES TRADING ADDRESSES: You may submit comments, performed the majority of their COMMISSION identified by RIN number, by any of the maintenance work in-house. Since then, following methods: air carriers have increasingly contracted 17 CFR Part 1 • Federal eRulemaking Portal: http:// their maintenance. According to an RIN 3038–AC66 www.regulations.gov. Follow the analysis by the Office of Inspector instructions for submitting comments. General in 2003, the nine major air Revised Adjusted Net Capital • Agency Web Site: http:// carriers were contracting 34 percent of Requirements for Futures Commission www.cftc.gov. Follow the instructions their heavy airframe maintenance Merchants and Introducing Brokers for submitting comments on the Web checks to repair stations. By 2007, this site. figure had increased to 71 percent.8 The AGENCY: Commodity Futures Trading • Commission. E-mail: [email protected]. Include NPRM as written does not address this the RIN number in the subject line of ACTION: Notice of proposed rulemaking; changing operational dynamic. the message. request for comments. In their comments to the NPRM, many • Fax: 202–418–5521. small repair station operators said the SUMMARY: The Commodity Futures • Mail: David A. Stawick, Secretary of proposal takes a ‘‘one-size-fits-all’’ Trading Commission (‘‘Commission’’) the Commission, Commodity Futures approach. This approach, they argue, proposes to amend its regulations that Trading Commission, Three Lafayette does not adequately address the prescribe minimum adjusted net capital Centre, 1155 21st Street, NW., operational differences between large (‘‘ANC’’) requirements for futures Washington, DC 20581. and small repair stations. As a result, commission merchants (‘‘FCMs’’) and Hand Delivery/Courier: Same as mail the commenters said, the NPRM would introducing brokers (‘‘IBs’’). The above. place a substantial economic and proposed amendments would increase FOR FURTHER INFORMATION CONTACT: administrative burden on their the required minimum dollar amount of Thelma Diaz, Associate Director, operations. ANC, as defined in the regulations, that Division of Clearing and Intermediary Many commenters, as noted in the an FCM must maintain from $250,000 to Oversight, 1155 21st Street, NW., Discussion of Comments section of this $1,000,000. The proposed amendments Washington, DC 20581. Telephone document, argued against adopting key also would increase the required number: 202–418–5137; facsimile portions of the NPRM for a variety of minimum dollar amount of ANC that number: 202–418–5547; and electronic reasons. Several commenters asked us to IBs must maintain from $30,000 to mail: [email protected] or Mark Bretscher, withdraw the NPRM in its entirety. For $45,000. The Commission also is Special Counsel, Division of Clearing the reasons we have discussed, we proposing to amend the computation of and Intermediary Oversight, Commodity believe the best course of action is to an FCM’s margin-based minimum ANC Futures Trading Commission, 525 W. withdraw the NPRM. Withdrawal will requirement to incorporate into the Monroe, Suite 1100, Chicago, Illinois give us time to thoroughly review and calculation customer and noncustomer 60661. Telephone number: 312–596– properly address the substantial changes positions in over-the-counter derivative 0529; facsimile number: 312–596–0714; in the repair station operating instruments that are submitted for and electronic mail: environment and the many issues raised clearing by the FCM to derivatives [email protected]. by commenters. clearing organizations (‘‘DCOs’’) or other SUPPLEMENTARY INFORMATION: Conclusion clearing organizations (‘‘cleared OTC derivative positions’’). In addition, the I. Minimum Financial Requirements for Withdrawal of the December 1, 2006, Commission is proposing to amend the FCMs and IBs Repair Stations; Proposed Rule does not regulations to require that FCM Section 4f(b) of the Commodity preclude the FAA from issuing another proprietary cleared OTC derivative Exchange Act (‘‘Act’’) provides that proposal on the subject. In fact, we have positions be subject to capital FCMs and IBs must meet the minimum initiated rulemaking to update and deductions in a manner that is financial requirements that the revise the regulations for repair stations consistent with the capital deductions Commission ‘‘may by regulation to more fully address the significant required by the Commission’s prescribe as necessary to insure’’ that changes in the repair station business regulations for FCM proprietary FCMs and IBs meet their obligations as model. The new proposed rule will positions in exchange-traded futures registrants.1 FCMs are subject to higher address concerns from the 2006 NPRM, contracts and options contracts. Further, capital requirements than IBs because as well as other issues related to the Commission proposes to amend the the Act permits FCMs, but not IBs, to bringing the repair station regulations FCM capital computation to increase the hold funds of customers trading on up-to-date with industry practice. The applicable percentage of the total designated contract markets and to clear public will be provided the opportunity margin-based requirement for futures, such positions with a DCO. In addition, for public comment on this rulemaking options and cleared OTC derivative Section 4d of the Act and the through the NPRM process. positions in customer accounts from Commission’s regulations provide eight percent to ten percent and in 8 Air Carriers’ Outsourcing of Aircraft Maintenance, OIG Report Number: AV–2008–090, noncustomer accounts from four percent 1 The Act is codified at 7 U.S.C. 1 et seq. The September 30, 2008—http://www.oig.dot.gov/ to ten percent. Lastly, the Commission Commission regulations cited herein may be found item.jsp?id=2364. solicits public comments on the at 17 CFR Ch. I (2008).
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further protection for customer funds by approximately $30 billion of segregated Regulation 1.17(a)(1)(i)(A) to raise the requiring that they be held as and secured amount funds were minimum dollar amount of required ‘‘segregated’’ funds that are separate and required to be held by FCMs for their ANC for FCMs to $1,000,000. The apart from the FCM’s own proprietary customers, at a time when there were Commission is also proposing funds. Part 30 of the Commission’s 255 FCMs. As of December 31, 2008, the additional increases to ANC regulations also requires FCMs to hold total amount of such funds had requirements for FCMs, as discussed ‘‘secured amount’’ funds for U.S. escalated to approximately $200 billion, below. which 134 FCMs were required to hold customers trading in non-U.S. futures II. Proposed Amendment To Include for their customers. Thus, not only has markets. Cleared OTC Positions in the As specified in Commission there been a dramatic increase in the Calculation of an FCM’s Minimum Net Regulation 1.17(a), the minimum dollar amount that FCMs must hold as Capital Requirement amount of ANC that FCMs and IBs must segregated and secured amount funds maintain is $250,000 and $30,000, for their customers, but those funds The Commission’s minimum financial respectively. The minimum ANC have become concentrated among far requirements provide protection to requirements in Commission Regulation fewer FCMs, further supporting customers and other market participants 1.17(a) also set forth other computations additional measures to ensure the sound by requiring FCMs and IBs to maintain which, if greater, will increase the financial strength of such firms.3 minimum levels of liquid assets in minimum capital requirement for the Other considerations also support the excess of their liabilities to finance their FCM or IB. Specifically, the relevant proposed increase in FCM and IB business activities. In 2004, the provisions of Regulation 1.17(a)(1)(i) minimum dollar amount ANC Commission amended Regulation require an FCM to maintain ANC equal requirements. As noted above, one of 1.17(a)(1)(i)(B) to include a ‘‘risk-based’’ to or in excess of the greatest of: the factors in determining the minimum computation based on the margin, or $250,000; the FCM’s margin-based or ANC requirements for FCMs and IBs is performance bond, requirements for the ‘‘risk-based’’ capital requirement, which the minimum requirement imposed by a FCM’s customers and noncustomers. is computed by adding together eight registered futures association of which Specifically, Commission Regulation percent of the total risk margin the FCM or IB is a member. The 1.17(a)(1)(i)(B) requires an FCM to requirement for positions in customer National Futures Association (‘‘NFA’’) is compute its risk-based capital accounts, plus four percent of the total the only registered futures association, requirement as the sum of: (1) Eight 4 risk margin requirement for positions and Commission Regulation 170.15(a) percent of the total risk margin carried in noncustomer accounts; the requires each registered FCM to be a requirement for positions carried by the amount of ANC required by a registered member of a registered futures FCM in ‘‘customer accounts’’, as defined futures association of which the FCM is association. All registered IBs are also in Regulation 1.17(b)(7), and (2) four a member; or, if the FCM is also a members of the NFA. On July 31, 2006, percent of the total risk margin securities broker and dealer registered NFA’s amendments to Section 1 of its requirement for positions carried by the with the U.S. Securities and Exchange Financial Requirements became FCM in ‘‘noncustomer accounts’’, as Commission (‘‘SEC’’), the amount of net effective, increasing its FCM members’ defined in Regulation 1.17(b)(4). The capital required by SEC Rule 15c3–1(a), minimum ANC requirement from Commission did not revise its 17 CFR 240.15c3–1(a). For an IB, $250,000 to $500,000, and increasing regulations with respect to proprietary Commission Regulation 1.17(a)(1)(iii) the required minimum dollar amount of futures and granted options positions of requires ANC that equals or exceeds the ANC for member IBs from $30,000 to FCMs, as such positions were already greatest of: $30,000; the amount of ANC $45,000. Consequently, when the NFA subject to capital deductions under required by a registered futures amended the minimum dollar amount Commission Regulation 1.17(c)(5)(x). In association of which the IB is a member; of ANC required of its member FCMs general, an FCM’s proprietary futures or for an IB also registered with the SEC and IBs on July 31, 2006, the required and granted options positions are as securities broker and dealer, the dollar level of minimum ANC for all subject to a deduction equal to 100 amount of net capital required by SEC FCMs and IBs increased to $500,000 and percent of the maintenance margin Rule 15c3–1(a). $45,000 respectively. Therefore, the requirement for positions that are The minimum ANC requirements of Commission’s proposal to increase the cleared by clearing organizations of $30,000 for IBs and $250,000 for FCMs minimum dollar ANC requirement of which the FCM is a clearing member, were adopted by the Commission over IBs to $45,000 merely harmonizes its and 150 percent of the maintenance a decade ago,2 and are no longer regulations with NFA rules, which will margin requirement for positions that consistent with the regulatory objective simplify the capital calculations of IBs. are cleared by clearing organizations of of requiring these registrants to maintain Lastly, Commission staff notes that the which the FCM is not a clearing a minimum base of liquid capital from number of FCMs that may have to add member. capital as a result of the proposed ANC which to meet their current financial In adopting risk-based capital requirement of $1,000,000 is minimal obligations, including obligations to requirements in Regulation 1.17 with and that the proposed increased ANC customers. Adopting increased respect to the futures and options requirement is appropriate for the minimum ANC requirements for positions of FCM customers and reasons discussed above. Accordingly, registrants whose customers engage in noncustomers, the Commission noted the Commission is proposing to amend exchange-traded futures activity would that the amendments included any Regulation 1.17(a)(1)(iii)(A) to raise the recognize the striking increase over the customer positions, including non- minimum dollar amount of required past decade in the amount of funds that futures positions, that were held in ANC to $45,000 for IBs, and to amend such customers have deposited with customer segregated accounts their FCMs. As of August 31, 1995, established in accordance with the 3 The Commission also notes that Congress provisions of Section 4d of the Act and recently recognized the importance of appropriate 2 The Commission increased the minimum ANC minimum capital requirements for registrants with Commission regulations. Various DCOs, requirements of IBs and FCMs to $30,000 and obligations to customers by establishing a $20 $250,000 in May of 1996. See 61 FR 19177 (May million capital requirement for retail over-the- 4 The term ‘‘risk margin’’ is defined at 1, 1996). counter forex firms. Commission Regulation 1.17(b)(8).
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as part of their increasing efforts to clear all cleared OTC derivative positions the their proprietary futures and options OTC derivative instruments,5 have FCM carries for customers, whether or positions. The Commission notes that requested Commission orders not included in a Section 4d segregated pursuant to the proposed rulemaking, authorizing their clearing FCMs to customer account, in the FCM’s risk- capital deductions to be applied to commingle customers’ money, based capital calculations. The cleared OTC derivative positions in securities, and other property margining proposed amendments would apply to proprietary accounts do not apply to OTC-cleared derivative positions with OTC derivative instruments cleared in ‘‘covered’’ positions, as that term is the money, securities, and other either the U.S. or abroad by any defined in Commission Regulation property deposited by said customers to organization that is permitted to clear 1.17(j). Therefore, the Commission is margin futures and options positions in such products under the laws of the soliciting comments on the advisability segregated accounts established relevant jurisdiction.7 As drafted, the of revising Commission Regulation pursuant to Section 4d of the Act.6 proposed capital requirements would 1.17(j) to reflect that cleared OTC Therefore, the risk exposure of clearing also apply to credit default swaps, if positions in proprietary accounts may OTC derivative instruments extends not these OTC derivative instruments are be covered by positions which would only to the FCM, but also to the submitted for clearing on any U.S. DCO qualify as cover for proprietary futures segregated funds of its OTC, futures and or foreign clearing organization and and options positions. options customers. Where OTC carried in accounts on the books of the The proposed amendments continue customer funds are commingled with FCM. the Commission’s efforts to enhance and the funds of futures and options The Commission is proposing these update the Commission’s ANC customers, the Commission deemed it amendments because FCMs and DCOs regulation to reflect the increasing necessary to include OTC customer have become significant clearers of OTC diversity of positions that are submitted positions in the definition of ‘‘customer derivative instruments. This has for clearing by clearing FCMs for their accounts’’ for purposes of computing an increased the risk exposure of FCMs in customers and noncustomers. In FCM’s risk-based capital requirement. a manner that is not currently reflected contemplation of this proposed rule The Commission now proposes in Regulation 1.17. Therefore, the making, the Commission notes that the further amendments to Regulation 1.17, Commission proposes to amend clearinghouses that clear these OTC in order to require FCMs to account for Regulation 1.17 in order to expand the derivative instruments typically already definitions of ‘‘customer account’’ in require margin for both exchange-traded 5 OTC derivative instrument is defined by Section Regulation 1.17(b)(7), ‘‘noncustomer and OTC positions, regardless of 408(2) of the Federal Deposit Insurance Corporation account’’ in Regulation 1.17(b)(4), and whether the positions are held in Improvement Act, 12 U.S.C.A. 4421. As defined ‘‘proprietary account’’ in Regulation customer segregated accounts. there, the term ‘‘over-the-counter derivative 1.17(b)(3) to include cleared OTC Furthermore, the margin requirements instrument’’ includes ‘‘(A) any agreement, contract, or transaction, including the terms and conditions derivative positions. Cleared OTC for cleared OTC derivative positions are incorporated by reference in any such agreement, derivative positions would be defined in often calculated in the same manner as contract, or transaction, which is an interest rate proposed Regulation 1.17(b)(9) as over that for exchange-traded products. As swap, option, or forward agreement, including a the counter derivative instrument such, it is quite appropriate to include rate floor, rate cap, rate collar, cross-currency rate 8 swap, basis swap, and forward rate agreement; a positions of any person in accounts cleared OTC derivative positions in the same day-tomorrow, tomorrow-next, forward, or carried on the books of the FCM and calculation of an FCM’s minimum ANC. other foreign exchange or precious metals cleared by any organization permitted to However, to ensure adequate capital agreement; a currency swap, option, or forward clear such instruments under the laws requirements where the clearinghouse agreement; an equity index or equity swap, option, or forward agreement; a debt index or debt swap, of the relevant jurisdiction. imposes margin or performance bond option, or forward agreement; a credit spread or Additionally, Commission Regulation requirements only for clearing level credit swap, option, or forward agreement; a 1.17(b)(2) is proposed to be amended to accounts but does not prescribe commodity index or commodity swap, option, or include references to ‘‘cleared OTC minimum margin requirements for forward agreement; and a weather swap, weather customers’’, which would be defined in customer or noncustomer accounts at derivative, or weather option; (B) any agreement, contract or transaction similar to any other a proposed new paragraph (b)(10) to the FCM level, the Commission also agreement, contract, or transaction referred to in mean any person that is not a proposes to amend the definition of this clause that is presently, or in the future proprietary person as defined in ‘‘risk margin’’ in Commission becomes, regularly entered into by parties that Commission Regulation § 1.3(y) and for Regulation 1.17(b)(8) to mean ‘‘the level participate in swap transactions (including terms and conditions incorporated by reference in the whom the FCM carries on its books one of maintenance margin or performance agreement) and that is a forward, swap, or option or more accounts for such person’s bond required for the customer or on one or more occurrences of any event, rates, OTC-cleared derivative positions. noncustomer positions by the applicable currencies, commodities, equity securities or other Finally, the Commission is also exchanges or clearing organizations, equity instruments, debt securities or other debt instruments, economic or other indices or measures proposing to amend Regulation and, where margin or performance bond of economic or other risk or value; (C) any 1.17(c)(5)(x) to require FCMs to take is required only for accounts at the agreement, contract, or transaction excluded from proprietary capital deductions for their clearing organization, for purposes of the Commodity Exchange Act under section 2(c), cleared OTC derivative positions similar the FCM’s risk-based capital 2(d), 2(f), or 2(g) of such Act, or exempted under section 2(h) or 4(c) of such Act; and (D) any option to the capital deductions required for calculations applying the same margin to enter into any, or any combination of, or performance bond requirements to agreements, contracts or transactions referred to in 7 Some examples of OTC-clearing by foreign customer and noncustomer positions in this subparagraph.’’ clearing organizations include ICE, which clears accounts carried by the FCM.’’ 6 Examples of Commission orders under Section through IceClear Europe, and Bclear, an exchange 4d of the Act related to OTC clearing by DCOs service launched by Euronext/Liffe, which brings III. Proposed Amendment To Increase include an Order dated May 30, 2002 regarding derivatives transactions to LCH.Clearnet for Applicable Percentage for Customer Treatment of Funds Held in Connection with the clearing. The proposed rule would also include Clearing of Over-the-Counter Products by the New OTC-clearing by multilateral clearing organizations and Noncustomer Positions York Mercantile Exchange, and also Orders dated authorized under Section 409 of the Federal Deposit As noted above, currently, an FCM’s March 3, 2006 and September 26, 2008 regarding Insurance Corporation Improvement Act and any Treatment of Funds Held in Connection with the securities clearing organization. risk-based capital calculations includes Clearing of Over-the-Counter Products by Chicago 8 The term ‘‘person’’ is defined in CFTC a lower required percentage of risk Mercantile Exchange, Inc. Regulation. 1.3(u). maintenance margin for noncustomer
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positions (four percent) than the V. Solicitation of Comments such entities at that time.10 The required percentage for the same The Commission requests comments proposed amendment to the minimum positions in customer accounts (eight on each of the proposed amendments to ANC requirement for an IB would percent). The Commission believes that Regulation 1.17 that are described in conform the Commission’s requirement rigorous standards for FCM financial this release, and also as to the proposed to that of the NFA and, therefore, should strength support the increase of the effective date. The Commission is have no impact on an IB’s financial required percentages. As such, the further soliciting comments on the operations. Thus, if adopted, the Commission is proposing to amend advisability of expanding ANC proposal would not have a significant Regulation 1.17 so that an FCM’s risk- requirements for FCMs that are also economic impact on a substantial based capital requirement is ten percent securities brokers and dealers (‘‘FCM/ number of IBs. Therefore, pursuant to of the total risk margin requirement for BDs’’), by increasing their ANC by the Section 3(a) of the RFA, 5 U.S.C. 605(b), positions carried by the FCM in both amount of net capital required by SEC the Chairman certifies that these ‘‘customer accounts’’, as defined in Rule 15c3–1(a). Currently, Commission proposed rule amendments will not Regulation 1.17(b)(7), and Regulation 1.17 and SEC Regulation have a significant economic impact on ‘‘noncustomer accounts’’, as defined in 15c3–1 require FCM/BDs to compare the a substantial number of small entities. Regulation 1.17(b)(4). amounts of capital required under the B. Paperwork Reduction Act With respect to noncustomer SEC’s and Commission’s regulations, The Paperwork Reduction Act of accounts, the Commission notes that in and to maintain capital in excess of 1990, (‘‘PRA’’) 44 U.S.C. 3501 et seq., general non-customers are persons whichever amount is greater. imposes certain requirements on affiliated with the FCM including The Commission notes that in event Federal agencies (including the certain employees and officers of the of liquidation, the adjusted net capital Commission) in connection with their FCM. In adopting this lower percentage of an FCM that is also a securities broker conducting or sponsoring any collection for noncustomer positions, the and dealer is available to satisfy any of information as defined by the PRA. Commission noted that these unsecured claims of creditors, including The proposed inclusion of OTC-cleared percentages were the same as those any unsecured claims of both its futures products in the risk-based net capital contained in the self-regulatory and securities customers. The equity calculation requires no change in line organization rules upon which the available to satisfy such unsecured item 22A of the Statement of the Commission’s regulation was modeled, claims of customers, would be increased Computation of Minimum Capital and that it was the belief of these self- if the FCM/BD’s capital requirement Requirements on Form 1–FR–FCM. regulatory organizations that was not based only on the higher of the There is a change to Line 22.B as a noncustomers’ accounts reflected less CFTC’s or SEC’s requirements, but result of increasing the minimum dollar credit risk to FCMs and the clearing rather the combined requirements of the requirement to $1,000,000, however, system. In more recent times, the two regulations. This would help ensure this is a minor change and would not Commission has observed that the risk that the FCM/BD’s capital requirements alter the reporting burden. The associated with noncustomer accounts reflected more fully the scope of proposed increase in the percentage may not necessarily be less than the risk customer activity by both its securities requirements applicable to risk margin associated with customer accounts and futures customers. Therefore, the requirements for customer and under conditions of financial stress for Commission is soliciting comments on noncustomer positions included in risk- the FCM. Therefore, to increase the the advisability of increasing ANC based capital calculation constitutes a financial integrity of the futures requirements of FCMs that are also minor change to line item 22 of the markets, the Commission is proposing securities brokers and dealers by the Form 1–FR–FCM, as does the minor to amend Regulation 1.17 to apply the amount of net capital required by SEC change to Line 16 to include OTC- same percentage requirement for both Rule 15c3–1(a). cleared products, but neither change customer and noncustomer accounts. As VI. Related Matters would alter the related reporting part of its assessment of the proposed burden. Therefore, the amendments amendments, the Commission has been A. Regulatory Flexibility Act proposed herein have minimal burden. advised by staff that, based on the The Regulatory Flexibility Act Persons wishing to comment on the information included in financial (‘‘RFA’’), 5 U.S.C. 601 et seq., requires estimated paperwork burden associated reports filed by FCMs with the that agencies, in proposing rules, with these proposed rule amendments Commission, it appears that some FCMs consider the impact of those rules on should contact Mark Bretscher, Division whose minimum capital requirements small businesses. The rule amendments of Clearing and Intermediary Oversight, are determined under the risk-based proposed herein would affect FCMs and 525 W. Monroe St., Chicago, IL 60661, computations do not currently hold non-guaranteed IBs. The Commission (312) 596–0529. sufficient levels of capital to satisfy the has previously determined that, based proposed amended requirements, but upon the fiduciary nature of FCM/ C. Cost-Benefit Analysis that the overwhelming majority do hold customer relationships, as well as the Section 15(a) of the Act, as amended levels of capital that are sufficient to requirement that FCMs meet minimum by Section 119 of the Commodity satisfy the proposed new requirements. financial requirements, FCMs should be Futures Modernization Act,11 requires IV. Proposed Effective Date excluded from the definition of small the Commission to consider the costs entity.9 and benefits of its action before issuing Because some FCMs may need time to With respect to IBs, the Commission a new regulation under the Act. By its raise additional capital, the Commission stated that it is appropriate to evaluate terms, Section 15(a) as amended does is contemplating making the effective within the context of a particular rule not require the Commission to quantify date for any final rule amendments to proposal whether some or all IBs should the costs and benefits of a new Regulation 1.17 that it adopts effective be considered to be small entities and, regulation or to determine whether the 60 days from the date of publication of if so, to analyze the economic impact on the final regulations in the Federal 10 See 48 FR 35248, 35275–78 (Aug. 3, 1983). Register. 9 See 47 FR 18618, 18619 (Apr. 30, 1982). 11 7 U.S.C. 19(a).
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benefits of the proposed regulation Commission hereby proposes to amend options or cleared over the counter outweigh its costs. Rather, Section 15(a) 17 CFR part 1 as follows: derivative positions are carried on the simply requires the Commission to books of the applicant or registrant ‘‘consider the costs and benefits’’ of its PART 1—GENERAL REGULATIONS which is either: UNDER THE COMMODITY EXCHANGE action. * * * * * Section 15(a) further specifies that ACT (8) Risk Margin for an account means costs and benefits shall be evaluated in 1. The authority citation for Part 1 the level of maintenance margin or light of five broad areas of market and continues to read as follows: public concern: Protection of market performance bond required for the participants and the public; efficiency, Authority: 7 U.S.C. 1a, 2, 5, 6, 6a, 6b, 6c, customer or noncustomer positions by 6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m, 6n, 6o, the applicable exchanges or clearing competitiveness, and financial integrity 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a, 13a–1, of futures markets; price discovery; 16, 16a, 19, 21, 23 and 24, as amended by organizations, and, where margin or sound risk management practices; and the Commodity Futures Modernization Act of performance bond is required only for other public interest considerations. The 2000, appendix E of Pub. L. 106–554, 114 accounts at the clearing organization, for Commission, in its discretion, can Stat. 2763 (2000). purposes of the FCM’s risk-based capital choose to give greater weight to any one 2. Section 1.17 is amended by: calculations applying the same margin of the five enumerated areas and a. Revising paragraphs (a)(1)(i)(A), or performance bond requirements to determine that, notwithstanding its (a)(1)(i)(B), and (a)(1)(iii)(A); customer and noncustomer positions in costs, a particular regulation is b. Revising paragraphs (b)(2), (b)(3), accounts carried by the FCM, subject to necessary or appropriate to protect the introductory text of (b)(4), introductory the following. public interest or to effectuate any of the text of (b)(7) and introductory text of * * * * * provisions or to accomplish any of the (b)(8), purposes of the Act. c. Adding new paragraphs (b)(9) and (9) Cleared over the counter derivative The proposed amendments will result (b)(10), and positions means ‘‘over the counter in additional protection of market d. Revising paragraph (c)(5)(x) to read derivative instrument’’ (as defined in 12 participants and the public, as follows: U.S.C. 4421) positions of any person in enhancements to sound risk § 1.17 Minimum financial requirements for accounts carried on the books of the management practices, enhanced futures commission merchants and futures commission merchant and financial integrity of futures markets introducing brokers. cleared by any organization permitted to and other public interest considerations (a)(1)(i) * * * clear such instruments under the laws and should have no effect on the (A) $1,000,000; of the relevant jurisdiction. following areas: efficiency, (B) The futures commission (10) Cleared over the counter competitiveness or price discovery. merchant’s risk-based capital customer means any person that is not Specifically, if adopted, the proposed requirement, computed as ten percent of a proprietary person as defined in amendments will increase the minimum the total risk margin requirement for required dollar amount of ANC for § 1.3(y) and for whom the futures positions carried by the futures commission merchant carries on its FCMs from $250,000 to $1,000,000; commission merchant in customer books one or more accounts for the over increase the minimum required dollar accounts and noncustomer accounts. amount of ANC for IBs from $30,000 to the counter-cleared derivative positions * * * * * of such person. $45,000; require an FCM’s risk based (iii) * * * capital computation to include risk (A) $45,000; (c) * * * margin for OTC-cleared positions; and * * * * * (5) * * * increase from 4 percent and 8 percent to (b) * * * (x) In the case of open futures 10 percent the applicable percentage of (2) Customer means customer (as contracts or cleared OTC derivative risk margin for all noncustomer and defined in § 1.3(k)), option customer (as customer positions held by the FCM defined in § 1.3(jj) and in § 32.1(c) of positions and granted (sold) commodity respectively. this chapter), cleared over the counter options held in proprietary accounts After considering these factors, the customer (as defined in § 1.17(b)(10)), carried by the applicant or registrant Commission has determined to propose and includes a foreign futures, foreign which are not covered by a position the amendments to Regulation 1.17 options customer (as defined in § 30.1(c) held by the applicant or registrant or discussed above. The Commission of this chapter). which are not the result of a ‘‘changer invites public comment on its (3) Proprietary account means an trade’’ made in accordance with the application of the cost-benefit provision. account in which commodity futures, rules of a contract market: Commenters also are invited to submit options or cleared over the counter * * * * * any data that they may have quantifying derivative positions are carried on the the costs and benefits of the proposed books of the applicant or registrant for Issued in Washington, DC, on April 30, amendments with their comment letters. the applicant or registrant itself, or for 2009 by the Commission. David A. Stawick, List of Subjects in 17 CFR Part 1 general partners in the applicant or registrant. Secretary of the Commission. Brokers, Commodity futures, (4) Noncustomer account means an [FR Doc. E9–10459 Filed 5–6–09; 8:45 am] Minimum financial requirements, account in which commodity futures, BILLING CODE P Reporting and recordkeeping options or cleared over the counter requirements. derivative positions are carried on the In consideration of the foregoing and books of the applicant or registrant pursuant to the authority contained in which is either: the Commodity Exchange Act and, in * * * * * particular, Sections 4f, 4g and 8a(5) (7) Customer account means an thereof, 7 U.S.C. 6f, 6g and 12a(5), the account in which commodity futures,
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DEPARTMENT OF THE TREASURY Background and Explanation of List of Subjects in 26 CFR Part 1 Provisions Income taxes, Reporting and Internal Revenue Service Temporary regulations in the Rules recordkeeping requirements. and Regulations section of this issue of 26 CFR Part 1 Proposed Amendments to the the Federal Register amend the Regulations [REG–107271–08] regulations under 26 CFR Part 1 relating Accordingly, 26 CFR part 1 is RIN 1545–BH83 to sections 163(h) and 6050H(h). The temporary regulations add rules relating proposed to be amended as follows: Allocation and Reporting of Mortgage to the proper allocation of prepaid PART 1—INCOME TAXES Insurance Premiums qualified mortgage insurance premiums and provide guidance to reporting Paragraph 1. The authority citation AGENCY: Internal Revenue Service (IRS), entities receiving mortgage insurance for part 1 continues to read in part as Treasury. premiums. The text of those temporary follows: ACTION: Notice of proposed rulemaking regulations also serves as the text of by cross-reference to temporary these proposed regulations. The Authority: 26 U.S.C. 7805 * * * regulations. preamble to the temporary regulations Par. 2. Section 1.163–11 is added to explains the amendments. read as follows: SUMMARY: In the Rules and Regulations section of this issue of the Federal Special Analyses § 1.163–11 Allocation of certain prepaid qualified mortgage insurance premiums. Register, the IRS is issuing temporary It has been determined that this notice regulations relating to prepaid qualified of proposed rulemaking is not a [The text of this section is the same mortgage insurance premiums. The significant regulatory action as defined as the text of § 1.163–11T(a) through (d) temporary regulations reflect changes to in Executive Order 12866. Therefore, a published elsewhere in this issue of the the law made by the Tax Relief and regulatory assessment is not required. It Federal Register]. Health Care Act of 2006 and the also has been determined that section Par. 3. Section 1.6050H–3 is added to Mortgage Forgiveness Debt Relief Act of 553(b) of the Administrative Procedure read as follows: 2007. The temporary regulations explain Act (5 U.S.C. chapter 5) does not apply how to allocate prepaid qualified § 1.6050H–3 Information reporting of to these regulations. Because the mortgage insurance premiums. mortgage insurance premiums to regulations do not impose a collection [The text of this section is the same determine the amount of the prepaid of information on small entities, the as the text of § 1.6050H–3T(a) through premium that is treated as qualified Regulatory Flexibility Act (5 U.S.C. (e) published elsewhere in this issue of residence interest each taxable year chapter 6) does not apply. Pursuant to the Federal Register]. under section 163(h)(4)(F) of the section 7805(f) of the Code, these Internal Revenue Code (Code). The regulations have been submitted to the Linda E. Stiff, temporary regulations also provide Chief Counsel for Advocacy of the Small Deputy Commissioner for Services and guidance to reporting entities receiving Business Administration for comment Enforcement. premiums, including prepaid on its impact on small business. [FR Doc. E9–10664 Filed 5–6–09; 8:45 am] premiums, for mortgage insurance. The BILLING CODE 4830–01–P text of those temporary regulations also Comments and Requests for a Public serves as the text of these proposed Hearing regulations. Before these proposed regulations are ENVIRONMENTAL PROTECTION DATES: Written or electronic comments adopted as final regulations, AGENCY and requests for a public hearing must consideration will be given to any be received by August 5, 2009. written (a signed original and eight (8) 40 CFR Part 52 copies) or electronic comments that are ADDRESSES: Send submissions to: [EPA–R05–OAR–2008–0812; FRL–8902–3] CC:PA:LPD:PR (REG–107271–08), Room submitted timely to the IRS. The IRS 5203, Internal Revenue Service, P.O. and the Treasury Department request Approval and Promulgation of Box 7604, Ben Franklin Station, comments on the clarity of the proposed Implementation Plans; Ohio; Volatile Washington, DC 20044. Submissions rules and how they can be made easier Organic Compound Emission Control may be hand delivered Monday through to understand. All comments will be Measures for Cleveland Friday between the hours of 8 a.m. and available for public inspection and 4 p.m. to: CC:PA:LPD:PR (REG–107271– copying. AGENCY: Environmental Protection 08), Courier’s Desk, Internal Revenue A public hearing will be scheduled if Agency (EPA). Service, 1111 Constitution Avenue, requested in writing by any person that ACTION: Proposed rule. NW., Washington, DC, or sent timely submits comments. If a public SUMMARY: electronically via the Federal hearing is scheduled, notice of the date, On March 23, 2009, the Ohio eRulemaking Portal at http:// time and place for the public hearing Environmental Protection Agency (Ohio www.regulations.gov (IRS REG–107271– will be published in the Federal EPA) submitted several volatile organic 08). Register. compound (VOC) rules for approval into the State Implementation Plan (SIP). FOR FURTHER INFORMATION CONTACT: Drafting Information The purpose of these rules is to satisfy Concerning the proposed regulations, The principal author of these the VOC reasonably available control Angella Warren (202) 622–4950; regulations is Angella Warren, Office of technology (RACT) requirement for the concerning submission of comments or the Associate Chief Counsel (Income Cleveland-Akron 8-hour ozone a request for a public hearing, Funmi Tax and Accounting). However, other nonattainment area. These rules are Taylor at (202) 622–7180 (not toll-free personnel from the IRS and the Treasury approvable because they satisfy the numbers). Department participated in their control and enforceability requirements SUPPLEMENTARY INFORMATION: development. of RACT, including Ohio’s requirement
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to adopt VOC RACT rules for the technical difficulties and cannot contact 4. Describe any assumptions and Control Technique Guideline (CTG) you for clarification, EPA may not be provide any technical information documents issued by EPA in 2006 and able to consider your comment. and/or data that you used. 2007. Electronic files should avoid the use of 5. If you estimate potential costs or DATES: Comments must be received on special characters, any form of burdens, explain how you arrived at or before June 8, 2009. encryption, and be free of any defects or your estimate in sufficient detail to allow for it to be reproduced. ADDRESSES: Submit your comments, viruses. For additional instructions on 6. Provide specific examples to identified by Docket ID No. EPA–R05– submitting comments, go to Section I of illustrate your concerns, and suggest OAR–2008–0812, by one of the the SUPPLEMENTARY INFORMATION section alternatives. following methods: of this document. • Docket: All documents in the docket 7. Explain your views as clearly as http://www.regulations.gov: Follow possible, avoiding the use of profanity the on-line instructions for submitting are listed in the http:// www.regulations.gov index. Although or personal threats. comments. 8. Make sure to submit your • E-mail: [email protected]. listed in the index, some information is • not publicly available, e.g., CBI or other comments by the comment period Fax: (312) 692–2551. deadline identified. • Mail: John M. Mooney, Chief, information whose disclosure is Criteria Pollutant Section, Air Programs restricted by statute. Certain other II. What Action Is EPA Taking Today? Branch (AR–18J), U.S. Environmental material, such as copyrighted material, EPA is proposing to approve several Protection Agency, 77 West Jackson will be publicly available only in hard revised and new VOC rules into the Boulevard, Chicago, Illinois 60604. copy. Publicly available docket Ohio SIP. Several rule revisions expand • Hand Delivery: John M. Mooney, materials are available either applicability to include sources in the Chief, Criteria Pollutant Section, Air electronically in http:// Cleveland-Akron 8-hour ozone Programs Branch (AR–18J), U.S. www.regulations.gov or in hard copy at nonattainment area, in particular for Environmental Protection Agency, 77 the Environmental Protection Agency, commercial bakery oven facilities, West Jackson Boulevard, 18th floor, Region 5, Air and Radiation Division, 77 synthetic organic chemical Chicago, Illinois 60604. Such deliveries West Jackson Boulevard, Chicago, manufacturing industry (SOCMI) are only accepted during the Regional Illinois 60604. This facility is open from reactors and distillation units, process Office’s normal hours of operation, and 8:30 a.m. to 4:30 p.m., Monday through vents in batch operations, wood special arrangements should be made Friday, excluding Federal holidays. We furniture manufacturing operations, and for deliveries of boxed information. The recommend that you telephone Steven industrial wastewater operations. Ohio Regional Office official hours of Rosenthal at (312) 886–6052 before adopted new rules for aerospace business are Monday through Friday, visiting the Region 5 office. manufacturing and rework facilities, 8:30 a.m. to 4:30 p.m., excluding FOR FURTHER INFORMATION CONTACT: ship building and ship repair Federal holidays. Steven Rosenthal, Environmental operations, plastic parts coating, and the Instructions: Direct your comments to Engineer, Criteria Pollutant Section, Air storage of volatile organic liquids. In Docket ID No. EPA–R05–OAR–2008– Programs Branch (AR–18J), U.S. addition, Ohio adopted new rules and 0812. EPA’s policy is that all comments Environmental Protection Agency, revisions to existing rules to address the received will be included in the public Region 5, 77 West Jackson Boulevard, CTGs issued by EPA in 2006 and 2007. docket without change and may be Chicago, Illinois 60604, (312) 886–6052. These CTG categories are lithographic made available online at http:// SUPPLEMENTARY INFORMATION: printing, industrial solvent cleaning, flat www.regulations.gov, including any Throughout this document whenever wood paneling, paper coating, metal personal information provided, unless ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean furniture coating, large appliance the comment includes information EPA. This supplementary information coating, and flexible package printing. claimed to be Confidential Business section is arranged as follows: Ohio adopted several other minor Information (CBI) or other information revisions. whose disclosure is restricted by statute. I. What Should I Consider as I Prepare My Comments for EPA? III. What Is the Purpose of This Action? Do not submit information that you II. What Action is EPA Taking Today? consider to be CBI or otherwise III. What is the Purpose of this Action? The primary purpose of these rules is protected through http:// IV. What is EPA’s Analysis of Ohio’s to satisfy the requirement in section www.regulations.gov or e-mail. The Submitted VOC Rules? 182(b) of Part D of title I of the Clean http://www.regulations.gov website is V. Statutory and Executive Order Reviews Air Act (CAA) that VOC RACT rules be an ‘‘anonymous access’’ system, which I. What Should I Consider as I Prepare adopted for the Cleveland-Akron 8-hour means EPA will not know your identity My Comments for EPA? ozone nonattainment area. These rules or contact information unless you satisfy the requirement for VOC RACT provide it in the body of your comment. When submitting comments, rules for existing, pre-2006, CTG and If you send an e-mail comment directly remember to: major non-CTG source categories which to EPA without going through http:// 1. Identify the rulemaking by docket were due on September 15, 2006, as www.regulations.gov your e-mail number and other identifying well as the requirement to adopt VOC address will be automatically captured information (subject heading, Federal RACT rules for the CTG documents and included as part of the comment Register date, and page number). issued by EPA in 2006 and 2007. that is placed in the public docket and 2. Follow directions—The EPA may On March 24, 2008 (73 FR 15416), made available on the Internet. If you ask you to respond to specific questions EPA made a finding that Ohio failed to submit an electronic comment, EPA or organize comments by referencing a submit those VOC RACT rules which recommends that you include your Code of Federal Regulations (CFR) part were due on September 15, 2006, for the name and other contact information in or section number. Cleveland-Akron 8-hour ozone the body of your comment and with any 3. Explain why you agree or disagree; nonattainment area. Ohio submitted the disk or CD–ROM you submit. If EPA suggest alternatives and substitute fully adopted required VOC RACT rules cannot read your comment due to language for your requested changes. to EPA on September 4, 2008. In a
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November 19, 2008, letter to Ohio, EPA EPA RACT policy and is therefore (I) Metal Furniture Coating confirmed that Ohio’s September 4, approvable. (I)(4)—This section adds additional 2008, submittal satisfies the requirement (5) 3745–21–08—Control of Carbon control requirements for metal furniture for VOC RACT for existing, pre-2006, coating lines in the Cleveland-Akron 8- CTG and major non-CTG source Monoxide Emissions From Stationary Sources hour ozone nonattainment area. categories which was due on September (I)(4)(a)—This section specifies VOC 15, 2006. Failure to submit a complete The requirement that the waste gas coating limits for both air-dried and VOC RACT submittal would have stream from a catalyst regeneration baked metal furniture coating lines, triggered the offset sanction identified process associated with a petroleum including limits that are expressed in in CAA section 179(b)(2) on September cracking system be burned at 1300 terms of pounds of VOC per gallon of 24, 2009, and the highway funding degrees Fahrenheit was deleted because coating solids. These limits allow the sanction in accordance with CAA a conflicting, but more appropriate, use of low VOC coatings or a section 179(b)(1) on March 24, 2010. control requirement is in effect for these combination of coatings and add-on EPA will be required by CAA section units in the New Source Performance control equipment to meet the mass of 110(c) to promulgate a Federal VOC per volume of coating solids limits. Implementation Plan (FIP) if it has not Standards and the National Emission Section 3745–21–9(B)(7) also allows approved these VOC RACT rules into Standards for Hazardous Air Pollutants compliance to be achieved with a Ohio’s SIP by March 24, 2010. for Petroleum Refineries. This section is Finalization of the action proposed therefore approvable. control system that achieves an overall here would end any obligation for EPA reduction of 90 percent from the coating (6) 3745–21–09—Control of VOCs From line and in which the control device has to promulgate a FIP addressing this VOC Stationary Sources RACT requirement. an efficiency of not less than 90 percent. After September 4, 2008, Ohio (A) Applicability—The applicability (I)(4)(b)—This section exempts the completed additional rulemaking on provisions in this paragraph are metal furniture coating lines at a facility rules to address CTGs issued in consistent with EPA guidance and are if the combined emissions from all lines September 2006 and September 2007. therefore approvable. Section (A)(6), are less than 15 pounds per day of VOC. Ohio’s submittal of March 23, 2009, which applies to paragraph (HH) for It also exempts stencil coatings, safety indicating coatings, solid film incorporates the rule revisions plastic parts coating (a non-CTG source lubricants, touch-up and repair coatings, submitted September 4, 2008, as well as category until September 2008), and coating application utilizing hand- the VOC rule revisions adopted correctly specifies the way to establish held aerosol cans. thereafter. applicability for major non-CTG (I)(4)(c)—This section requires the use sources. Major non-CTG applicability is IV. What Is EPA’s Analysis of Ohio’s of coating application methods with determined by adding the potential VOC Submitted VOC Rules? good transfer efficiency such as emissions from all non-CTG sources at electrostatic application, flow coating, (1) 3745–21–01—Definitions a facility to the unregulated VOC dip coating, and high volume, low Revisions to this section primarily emissions at a facility. For moderate pressure (HVLP) application equipment. consist of new definitions that are ozone nonattainment areas, such as the (I)(4)(d) and (e)—These sections needed to support the new and revised Cleveland-Akron 8-hour ozone specify work practice standards for rules. These definitions are consistent nonattainment area that is the subject of coating-related activities and cleaning with EPA RACT guidance and are this state rule, the non-CTG sources at materials. approvable. such a facility are subject to RACT if the The metal furniture control (2) 3745–21–02—Ambient Air Quality combined unregulated CTG and non- requirements in paragraph (I) are Standards and Guidelines CTG potential VOC emissions equal or consistent with those contained in the exceed 100 tons per year. This section is approvable because the 2007 CTG for Metal Furniture Coating carbon monoxide and 8-hour ozone (F) Paper Coating and are therefore approvable. standards are consistent with EPA (K) Large Appliance Coating standards. (F)(2)—This section adds additional control requirements to paper coating (K)(6)—This section adds additional (3) 3745–21–03—Methods of Ambient lines in the Cleveland-Akron 8-hour control requirements to large appliance Air Quality Measurement ozone nonattainment area. coating lines in the Cleveland-Akron 8- This section is approvable because the (F)(2)(a) requires that any paper hour ozone nonattainment area. carbon monoxide and ozone coating line with potential emissions (K)(6)(a)—This section specifies VOC measurement methods follow EPA equal to or greater than 25.0 tons per coating limits for both air-dried and procedures. year of VOC before the application of baked large appliance coating lines. It also contains VOC content limits for (4) 3745–21–04—Compliance Schedules capture and control devices shall either: (i) Employ a control system in order to both air-dried and baked coatings that and 3745–21–06—Classification of have the units of pounds of VOC per Regions reduce total VOC emissions from the paper coating line by at least 90 percent gallon of coating solids. These units Section 3745–21–04 requires that or maintain an outlet concentration of allow the use of low-VOC coatings or a compliance be achieved by April 2, 20 parts per million by volume (ppmv) combination of coatings and add-on 2010, for the new paper coating, metal or (ii) employ low VOC coatings. control equipment to meet the mass of furniture coating, large appliance VOC per volume of coating solids limits. coating, cold cleaning, and packaging (F)(2)(b) contains work practice Section 3745–21–9(B)(7) also allows rotogravure control requirements in standards for cleaning materials. compliance to be achieved with a 3745–21–09. This allows sources to These revisions to paragraph (F) are control system that achieves an overall achieve compliance within one year consistent with those contained in the reduction of 90 percent from the coating after the effective date of these new 2007 CTG for Paper, Film, and Foil line and in which the control device has requirements, which is consistent with Coating and are therefore approvable. an efficiency of not less than 90 percent.
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(K)(6)(b)—This section exempts the (U)(2)(f)—This section allows Ohio to (DDD) Gasoline Dispensing Facilities metal furniture coating lines at a facility grant less stringent miscellaneous metal (4)(e)—This section exempts any if the combined emissions from all lines coating limits if the limits in (U)(1) are gasoline dispensing pump used solely are less than 15 pounds per day of VOC. technically or economically infeasible. for dispensing gasoline with an ethanol Paragraph (K)(6)(b) also exempts stencil EPA has objected to previous versions of content of 85 percent from the gasoline coatings, safety indicating coatings, this paragraph because previous dispensing station control requirements solid film lubricants, touch-up and versions allowed less stringent limits to in (DDD)(1). This exemption is repair coatings, and coating application take effect without formal EPA SIP consistent with EPA policy and is utilizing hand-held aerosol cans. review. This version of paragraph therefore approvable. (K)(6)(c)—This section requires the (U)(2)(f) is approvable because it (4)(f)—This section exempts any use of coating application methods with provides that alternate limits take effect gasoline dispensing facility where good transfer efficiency such as only if EPA after suitable opportunity gasoline is dispensed to a fleet of motor electrostatic application, flow coating, for review finds the alternate limit to vehicles in which 95 percent or more of dip coating, and HVLP application represent RACT. the fleet of motor vehicles being fueled equipment. (Y)(4)—Flexible Package Printing with gasoline is equipped with onboard (K)(6)(d) and (e)—These sections refueling vapor recovery. This specify work practice standards for This section adds additional control exemption is consistent with EPA coating-related activities and cleaning requirements to packaging rotogravure policy and is therefore approvable. and flexographic packaging printing materials. (7) 3745–21–10—Compliance Test lines in the Cleveland-Akron 8-hour These control requirements in 3745– Methods and Procedures 21–9(K) are consistent with those ozone nonattainment area. contained in the 2007 CTG for Large (Y)(4)(a)—Any packaging rotogravure Ohio made no substantive changes to Appliance Coating and are therefore or flexographic packaging printing line this section. The changes were approvable. with potential emissions equal to or grammatical and primarily revised the manner in which test methods were greater than 25 tons per year of VOC, (O) Solvent Metal Cleaning referenced. These revisions are before control, must comply with the approvable. (O)(2)(e)—This section requires that add-on control system requirements in cold cleaners in the Cleveland-Akron 8- (i) or the low VOC requirements in (ii). (8) 3745–21–12—Control of VOC hour ozone nonattainment area use (Y)(4)(a)(i)—Overall control Emissions From Commercial Bakery solvent material with a vapor pressure requirements for each subject press Oven Facilities that does not exceed 1.0 mm mercury range from 65 percent to 80 percent, Ohio added a new section (A)(2) (Hg). This requirement reduces the depending upon the installation date of Applicability for the Cleveland-Akron volatility and, therefore, the VOC the press and the first installation date area to this existing, and EPA approved, emissions from cold cleaners in the of the add-on control device. rule for the control of bakery oven Cleveland-Akron 8-hour ozone (Y)(4)(ii)—Coatings used in these emissions. This new section expands nonattainment area and is therefore printing lines must meet a limit of 0.8 the applicability to include bakery oven approvable. pound of VOC per pound of solids facilities in the Cleveland-Akron (O)(6) Exemptions applied or 0.16 pound of VOC per moderate ozone nonattainment area. The revised rule satisfies the (O)(6)(c)—This section allows pound of coating applied. requirement for RACT for these sources cleaners exceeding 1.0 mm Hg to be (Y)(4)(b)—This section specifies work and is therefore approvable. used to clean cured resin from practice standards for cleaning materials application equipment at facilities that are applicable to all packaging (9) 3745–21–13—Control of VOC subject to and complying with the rotogravure or flexographic packaging Emissions From Synthetic Organic requirements of the Reinforced Plastic printing lines in the Cleveland-Akron 8- Chemical Manufacturing Industry Composites Production maximum hour ozone nonattainment area. Reactors and Distillation Units achievable control technology (MACT) The control requirements in (Y)(4) are Ohio expanded the applicability of (40 CFR part 63, Subpart WWWW). This consistent with those contained in the this EPA-approved rule to include the exemption is approvable because the 2006 CTG for Flexible Package Printing Cleveland-Akron 8-hour ozone difficulty of using such low vapor and are therefore approvable. nonattainment area, which is required pressure cleaners has been documented (HH)—Surface Coating of Automotive/ by EPA RACT policy and is therefore and the increase in emissions would be Transportation and Business Machine approvable. Paragraph 3745–21–13(L) minimal. Plastic Parts has been revised to require that newly (O)(6)(d)—This section allows subject sources in the Cleveland-Akron cleaners exceeding 1.0 mm Hg to be This section is approvable because the area are to notify Ohio EPA that they are used to clean medical parts subject to emission limits are consistent with subject. The sources are also required to regulation by the Food and Drug EPA’s RACT guidance in the Alternative describe their equipment as well as the Administration and also to clean metal Control Technology document for this means of achieving compliance. parts subject to Federal Aviation source category. There is a specific VOC Administration and Department of content limit for each type of coating, (10) 3745–21–14—Control of VOC Defense cleaning solvent specifications. e.g., 4.1 pounds VOC per gallon for high Emissions From Process Vents in Batch However, this exemption is only bake colorcoat auto interiors. There is Operations allowed if the source adequately also an equivalent limit in terms of Ohio expanded the applicability of documents that there is a conflict pounds VOC per gallon of solids if a this EPA-approved rule to include the between these specifications and the 1.0 control system is used to achieve Cleveland-Akron 8-hour ozone mm Hg vapor pressure requirement in compliance, e.g., 9.3 pounds VOC per nonattainment area, which is required (O)(2)(e)(i). This exemption is therefore gallon of solids for high bake colorcoat by EPA RACT policy and is therefore approvable. auto interiors. approvable. Paragraph 3745–21–14(K)
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has been revised to require that newly aerospace components and vehicles are contains the appropriate monitoring subject sources in the Cleveland-Akron cleaned and coated. requirements for a VOC emission area are to notify Ohio EPA that they are Paragraph (D)(1) contains VOC control system, VOC test methods, as subject. They are also required to content limits for primers, topcoats, well as recordkeeping and reporting describe an equipment description, as chemical milling maskants, and requirements. well as to describe the means of specialty coatings. This rule is approvable because it is achieving compliance. Paragraph (D)(2) allows compliance to consistent with EPA’s 1996 be achieved with an emission control Shipbuilding and Ship Repair CTG. (11) 3745–21–15—Control of VOC system that achieves an overall Emissions From Wood Furniture reduction of 81 percent. If an emission (16) 3745–21–21—Storage of VOL Manufacturing Operations control system includes a thermal or Liquids in Fixed Roof Tanks and External Floating Roof Tanks Ohio has expanded the applicability catalytic oxidizer, the control efficiency of this EPA-approved rule to include of the thermal or catalytic oxidizer must This new rule applies to volatile sources in the Cleveland-Akron 8-hour be at least 90 percent. organic liquid (VOL) storage tanks in the ozone nonattainment area. This Paragraph (D)(4) specifies the Cleveland-Akron 8-hour ozone applicability is required for moderate allowable application equipment that nonattainment area if the facility at which the VOL storage tank is located ozone nonattainment areas by EPA can be used and excludes those has potential VOC emissions equal to or RACT policy and is approvable. methods, such as air spray, with low greater than 100 tons per year from all Paragraph 3745–21–15(N) has been transfer efficiencies. Paragraph (E) VOL storage tanks, non-CTG sources, revised to require that newly subject specifies VOC requirements for cleaning and unregulated emissions from VOC sources in the Cleveland-Akron area are operations. These include requirements sources. This rule includes control to notify Ohio EPA that they are subject. for hand wipe cleaning operations, requirements for both fixed roof tanks They are also required to provide an spray gun cleaning operations, flush with internal floating roofs and fixed equipment description, as well as to cleaning operations, as well as roof tanks with closed vent systems and describe the means of achieving housekeeping measures for cleaning control devices. For internal floating compliance. solvents and solvent-laden cleaning materials used in cleaning operations. In roof tanks, the rule specifies three (12) 3745–21–16—Control of VOC addition, Ohio requires compliance alternative seal systems. For fixed roof Emissions From Industrial Wastewater either twelve months after the effective tanks with a closed vent system, the rule Operations date of the rule (8/25/2009) or upon requires a 95 percent efficient control startup for a new facility. This rule also device or a flare. This rule also includes Ohio has expanded the applicability contains the appropriate monitoring control requirements for external of this EPA-approved rule to include the requirements for a VOC emission floating roof tanks, for which the rule Cleveland-Akron 8-hour ozone control system, VOC test methods, as requires a closure device consisting of a nonattainment area, which is required well as recordkeeping and reporting primary and secondary seal. The rule by EPA RACT policy and is therefore requirements. This rule is approvable also includes both recordkeeping and approvable. Ohio has revised paragraph because it is consistent with EPA’s 1997 reporting requirements. This rule is 3745–21–16(L) to require that newly aerospace CTG. consistent with EPA’s 1994 alternative subject sources in the Cleveland-Akron control techniques document on VOL area are to notify Ohio EPA that they are (15) 3745–21–20—Control of VOC Storage in Floating and Fixed Roof subject. They are also required to Emissions From Shipbuilding and Ship Tanks and is therefore approvable. provide an equipment description, as Repair Operations (17) 3745–21–22—Control of VOC well as to describe the means of This new rule applies to any achieving compliance. Emissions From Offset Lithographic shipbuilding or ship repair facility that Printing and Letterpress Printing (13) 3745–21–18—Commercial Motor is located in the Cleveland-Akron 8- Facilities Vehicle and Mobile Equipment hour ozone nonattainment area with Refinishing Operations potential VOC emissions of 25.0 tons This new rule applies to offset per year or greater. The VOC control and lithographic and letterpress printing Ohio has expanded the applicability related requirements are based upon facilities in the Cleveland-Akron 8-hour of this EPA-approved rule to include the EPA guidance, especially the ozone nonattainment area whose actual Cleveland-Akron 8-hour ozone Shipbuilding and Ship Repair CTG VOC emissions, before the application nonattainment area. In addition, Ohio which is largely based, in turn, on the of control systems, are equal to or has added the VOC coating limits from National Emission Standards for greater than three tons of VOCs per EPA’s Subpart B—National VOC Hazardous Air Pollutants in Subpart II rolling twelve-month period. A heatset Emission Standards for Automobile of 40 CFR part 63. web offset lithographic printing press or Refinish Coatings (40 CFR part 59). Paragraph 3745–21–19(D)(1) specifies a heatset web letterpress printing press These revisions are approvable. the VOC content limits for a variety of with potential VOC ink oil emissions from the press dryer that are greater (14) 3745–21–19—Control of VOC marine coating categories, including a than 25 tons per year before control Emissions From Aerospace general use coating category and a must maintain the dryer air pressure Manufacturing and Rework Facilities number of specialty coating categories. Paragraph 3745–21–19(D)(2) allows lower than the pressroom air pressure This new rule applies to aerospace compliance to be achieved with an and operate a control system that manufacturing and rework facilities in emission control system that achieves achieves 90 percent control (or 95 the Cleveland-Akron 8-hour ozone emission reductions equivalent to percent control for a control system nonattainment area. This rule is compliance with the coating limits. installed after the effective date of this consistent with EPA’s aerospace CTG In addition, Ohio requires compliance rule) or maintain a maximum VOC and applies to such facilities with either twelve months after the effective outlet concentration of 20 ppmv. This potential to emit of 25.0 tons per year date of the rule (8/25/2009) or upon rule restricts the VOC content of for all operations combined where startup for a new facility. This rule also fountain solutions used by offset
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lithographic presses, based on the type material and American Society of of the Paperwork Reduction Act (44 of offset lithographic press in use at a Testing Material (ASTM) D2879 is U.S.C. 3501 et seq.); facility. Cleaning solutions used on specified for determining the vapor • Is certified as not having a subject lithographic or letterpress pressure of each component. significant economic impact on a printing presses must either be at or Recordkeeping requirements include the substantial number of small entities below 70 percent by weight VOC or be name and identification of each under the Regulatory Flexibility Act (5 at or below ten mm Hg at 20 degrees cleaning material used and the VOC U.S.C. 601 et seq.); Celsius. This rule also contains the content or the VOC composite vapor appropriate test methods for pressure of each cleaning material used. • Does not contain any unfunded determining the VOC concentration of This rule is approvable because it is mandate or significantly or uniquely the exhaust stream and the VOC content consistent with EPA RACT guidance, affect small governments, as described of the fountain solution and cleaning particularly the 2006 CTG for Industrial in the Unfunded Mandates Reform Act solution. This rule includes methods to Cleaning Solvents. of 1995 (Pub. L. 104–4); determine the vapor pressure of the • Does not have Federalism cleaning solution. The rule also (19) 3745–21–24—Flat Wood Paneling implications as specified in Executive includes monitoring and recordkeeping Coatings requirements to ensure that the control Order 13132 (64 FR 43255, August 10, This new rule applies to facilities in 1999); systems are operating properly, to the Cleveland-Akron 8-hour ozone • establish whether the VOC content of nonattainment area whose actual VOC Is not an economically significant the cleaning solution and fountain emissions from all flat wood paneling regulatory action based on health or solution are in compliance with the coating lines is equal to or greater than safety risks subject to Executive Order applicable limits, and to establish 15 pounds VOC per day. This rule limits 13045 (62 FR 19885, April 23, 1997); whether an offset lithographic or subject facilities to a VOC content • Is not a significant regulatory action letterpress printing facility is subject to limitation of 2.1 pounds of VOC per subject to Executive Order 13211 (66 FR one or more of the control requirements gallon of coating or, if an add-on control 28355, May 22, 2001); of the rule. This rule is approvable device is used, a minimum overall • because it is consistent with EPA’s 2006 control efficiency of 90 percent by Is not subject to requirements of CTG for Offset Lithographic Printing weight. Section 12(d) of the National and Letterpress Printing. This rule specifies the type of Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because (18) 3745–21–23—Control of VOC application equipment that can be used Emissions From Industrial Solvent in order to eliminate the use of application of those requirements would Cleaning Operations application equipment with low transfer be inconsistent with the CAA; and • This new rule applies to facilities efficiency. In addition, the rule sets Does not provide EPA with the with solvent cleaning operations in the work practice standards that minimize discretionary authority to address, as Cleveland-Akron 8-hour ozone VOC emissions from all coatings, appropriate, disproportionate human nonattainment area whose actual VOC thinners, and cleaning materials. These health or environmental effects, using emissions from all solvent cleaning work practice standards require the practicable and legally permissible operations is equal to or greater than 15 storage and transfer of all such materials methods, under Executive Order 12898 pounds VOC per day. Those source in closed containers or pipes in order to (59 FR 7629, February 16, 1994). minimize emissions. categories with VOC rules that contain In addition, this rule does not have their own solvent cleaning control This rule is approvable because it is tribal implications as specified by requirements, e.g., aerospace coating consistent with EPA RACT guidance, and flexible package printing, are particularly the 2006 CTG for Flat Wood Executive Order 13175 (65 FR 67249, exempt from this rule. Paneling Coatings. November 9, 2000), because the SIP is This rule contains a general not approved to apply in Indian country V. Statutory and Executive Order located in the state, and EPA notes that restriction on the VOC content of Reviews cleaning materials used of 0.42 pounds it will not impose substantial direct VOC per gallon. The rule also contains Under the CAA, the Administrator is costs on tribal governments or preempt higher limits for specialty cleaning required to approve a SIP submission tribal law. operations such as cleaning electronic that complies with the provisions of the List of Subjects in 40 CFR Part 52 components and medical devices. This CAA and applicable Federal regulations. rule specifies the use of certain cleaning 42 U.S.C. 7410(k); 40 CFR 52.02(a). Environmental protection, Air methods, e.g., wipe cleaning, and Thus, in reviewing SIP submissions, pollution control, Intergovernmental EPA’s role is to approve State choices, prohibits others, e.g., atomizing any relations, Nitrogen dioxide, Ozone, provided that they meet the criteria of solvent unless the emissions are vented Reporting and recordkeeping to VOC emission control equipment. As the CAA. Accordingly, this action merely approves state law as meeting requirements, Volatile organic an alternative to the VOC content compounds. limitations in this rule, a facility may Federal requirements and does not use solvents or solvent solutions which impose additional requirements beyond Dated: April 27, 2009. have a VOC composite partial vapor those imposed by State law. For that Walter W. Kovalick Jr, pressure of less than or equal to eight reason, this action: Acting Regional Administrator, Region 5. • mm of Hg. Is not a ‘‘significant regulatory [FR Doc. E9–10658 Filed 5–6–09; 8:45 am] The rule includes several exemptions, action’’ subject to review by the Office e.g., graffiti removal and the stripping of of Management and Budget under BILLING CODE 6560–50–P cured coatings, for which solvent Executive Order 12866 (58 FR 51735, cleaning restrictions are not feasible. October 4, 1993); EPA Method 24 is specified for • Does not impose an information determining the VOC content of solvent collection burden under the provisions
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DEPARTMENT OF THE INTERIOR Ecological Services Field Office, 2369 these features are currently found, and West Orton Circle, Suite 50, West Valley whether any of these features may Fish and Wildlife Service City, UT 84119; telephone 801–975– require special management 3330, extension 126. If you use a considerations or protection. In 50 CFR Part 17 telecommunications device for the deaf addition, we request data and [FWS–R6–ES–2009–0021; MO 92210530083– (TDD), call the Federal Information information regarding whether there are B2] Relay Service (FIRS) at 800–877–8339. areas outside the geographical area SUPPLEMENTARY INFORMATION: occupied by the species that are Endangered and Threatened Wildlife essential to the conservation of the Information Solicited and Plants; 90-Day Finding on a species. Please provide specific Petition To List the American Pika as When we make a finding that a comments and information as to what, Threatened or Endangered with Critical petition presents substantial if any, critical habitat you think we Habitat information to indicate that listing a should propose for designation if the species may be warranted, we are species is proposed for listing, and why AGENCY: Fish and Wildlife Service, required to promptly commence a such habitat meets the requirements of Interior. review of the status of the species. To the Act. ACTION: Notice of 90-day petition ensure that our status review is We will base our 12-month finding on finding and initiation of status review. complete and based on the best a review of the best scientific and available scientific and commercial commercial information available, SUMMARY: We, the U.S. Fish and information, we are soliciting including all information we receive Wildlife Service (Service), announce a information on the American pika or during this public comment period. 90-day finding on a petition to list the any subspecies of the American pika. Please note that submissions merely American pika (Ochotona princeps) as We request data and information from stating support for or opposition to the threatened or endangered under the the public, other governmental agencies, action under consideration without Endangered Species Act of 1973, as tribes, the scientific community, providing supporting information, amended (Act). We find that the petition industry, or any other interested parties although noted, will not be considered presents substantial scientific or concerning the status of the American in making a determination, as section commercial information indicating that pika or any subspecies of the American 4(b)(1)(A) of the Act directs that we listing of the American pika may be pika. We are seeking information make determinations as to whether any warranted. Therefore, with the regarding the species’ or subspecies’: (1) species is a threatened or endangered publication of this notice, we are Historical and current status and species ‘‘solely on the basis of the best initiating a status review of the species, distribution; (2) population size and scientific and commercial data and we will issue a 12-month finding to trend; (3) biology and ecology; (4) available.’’ At the conclusion of the determine if the petitioned action is taxonomy (especially the genetics of the status review, we will issue a 12–month warranted. To ensure that the status species and subspecies); and (5) ongoing finding on the petition, as provided in review is comprehensive, we are conservation measures for the animals section 4(b)(3)(B) of the Act. soliciting scientific and commercial data or their habitat. You may submit your information regarding this species. We will make a We also are seeking information on concerning this status review by one of determination on critical habitat for this the following five threat factors used to the methods listed in the ADDRESSES species if, and when, we initiate a determine if a species, as defined under section. listing action. the Act, is threatened or endangered If you submit information via http:// under section 4(a)(1) of the Act (16 DATES: We made the finding announced www.regulations.gov, your entire in this document on May 7, 2009. To U.S.C. 1531 et seq.): (a) The present or threatened submission—including any personal allow us adequate time to conduct the identifying information—will be posted 12–month status review, we request that destruction, modification, or curtailment of the species’ habitat or on the website. If your submission is we receive information on or before July made via a hardcopy that includes 6, 2009. range; (b) Overutilization for commercial, personal identifying information, you ADDRESSES: You may submit recreational, scientific, or educational may request at the top of your document information by one of the following purposes; that we withhold this personal methods: identifying information from public • (c) Disease or predation; Federal rulemaking Portal: http:// (d) The inadequacy of existing review. However, we cannot guarantee www.regulations.gov. Follow the regulatory mechanisms; or that we will be able to do so. We will instructions for submitting comments. (e) Other natural or manmade factors post all hardcopy submissions on http:// • U.S. mail or hand-delivery: Public affecting its continued existence and www.regulations.gov . Please include Comments Processing, Attn: FWS–R6– threats to the species or its habitat. sufficient information with your ES–2009–0021; Division of Policy and If we determine that listing the comments to allow us to verify any Directives Management; U.S. Fish and American pika or any subspecies of the scientific or commercial information Wildlife Service; 4401 N. Fairfax Drive, American pika under the Act is you include. Suite 222; Arlington, VA 22203. warranted, we intend to propose critical Information and materials we receive, We will not accept e-mail or faxes. We habitat to the maximum extent prudent as well as supporting documentation we will post all comments on http:// and determinable at the time we used in preparing this 90–day finding, www.regulations.gov. This generally propose to list the species. Therefore, will be available for public inspection means that we will post any personal with regard to areas within the on http://www.regulations.gov, or by information you provide us (see the geographical range currently occupied appointment, during normal business Information Solicited section below for by the species, we also request data and hours, at the U.S. Fish and Wildlife more information). information on what may constitute Service, Utah Ecological Services Field FOR FURTHER INFORMATION CONTACT: physical or biological features essential Office (see FOR FURTHER INFORMATION Larry Crist, Field Supervisor, Utah to the conservation of the species, where CONTACT).
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Background Court on February 12, 2009, agreeing to consumption of vegetation) occurs year- Section 4(b)(3)(A) of the Act requires submit a 90-day finding to the Federal round; haying (the storage of vegetation that we make a finding on whether a Register by May 1, 2009, and, if for later consumption) occurs only in petition to list, delist, or reclassify a appropriate, to submit a 12-month summer months after the breeding species presents substantial scientific or finding to the Federal Register by season (Smith and Weston 1990, p. 4). commercial information indicating that February 1, 2010. The primary purpose of haypiles is We received a letter, dated November the petitioned action may be warranted. overwintering sustenance, and 3, 2008, from the Center that discussed We are to base this finding on individuals harvest more vegetation and transmitted supplemental information contained in the petition than necessary for these haypiles information found in recent scientific and supporting information readily (Dearing 1997a, p. 1156). The species studies that had not been included in available in our files at the time of the takes advantage of plant chemistry by the original petition. We considered this selecting low-phenolic (containing petition review. To the maximum extent additional information when making practicable, we are to make this finding phenol, an organic compound that in this finding. high amounts is toxic to pika) vegetation within 90 days of our receipt of the In making this finding, we relied on petition, and publish our notice of this for feeding, while at the same time information provided by the petitioner, selecting high-phenolic, but slow- finding promptly in the Federal as well as information readily available Register. decaying, vegetation for haying (Dearing in our files at the time of the petition 1997b, pp. 774, 776, 779). By the time Our standard for substantial review. We evaluated the information in information within the Code of Federal pikas consume the stored vegetation, accordance with 50 CFR 424.14(b). Our plant toxins have decayed to palatable Regulations (CFR) regarding a 90-day process for making this 90-day finding petition finding is ‘‘that amount of levels (Dearing 1997b, pp. 774, 779). under section 4(b)(3)(A) of the Act and Thermoregulation is an important information that would lead a section 424.14(b) of our regulations is aspect of American pika physiology, reasonable person to believe that the limited to a determination of whether because individuals have a high normal measure proposed in the petition may the information in the petition contains body temperature of approximately 40 be warranted’’ (50 CFR 424.14(b)). If we ‘‘substantial scientific and commercial °Celsius (C) (104 °Fahrenheit (F)) find that the petition presented information.’’ substantial information, we are required (MacArthur and Wang 1973, p. 11; to promptly commence a review of the Species Information Smith and Weston 1990, p. 3), and a status of the species. The American pika is a small relatively low lethal maximum body We received a petition from the montane mammal in the order temperature threshold of approximately ° ° Center for Biological Diversity (Center), Lagomorpha (rabbits, hares, and pikas) 43 C (109.4 F) (Smith and Weston dated October 1, 2007, requesting that distributed discontinuously throughout 1990, p. 3). Most thermoregulation of we list the American pika (Ochotona the western United States and Canada individuals is behavioral, not princeps) as threatened or endangered (Hall 1981, p. 288; Smith and Weston physiological (Smith 1974b, p. 1372; under the Act. Additionally, the Center 1990, p. 2). The species inhabits talus Smith and Weston 1990, p. 3). In formally requested that we conduct a fields fringed by suitable vegetation in warmer environments, such as during status review of each of the 36 alpine or subalpine areas extending midday sun and at lower elevation recognized subspecies of American south from central British Columbia and limits, pikas typically become inactive pikas to determine if separately listing Alberta into the Rocky Mountains of and withdraw into cooler talus openings any subspecies as threatened or New Mexico and the Sierra Nevada of (Smith 1974b, p. 1372; Smith and endangered may be warranted. California (Hall 1981, p. 288; Smith and Weston 1990, p. 3). Specifically, the Center requested that Weston 1990, pp. 2–3). A generalist Temperature restrictions influence the seven American pika subspecies be herbivore that does not hibernate, the species’ distribution because listed as endangered: The Ruby species relies on harvested stockpiles of hyperthermia (heat stroke) or death can Mountains pika (O. p. nevadensis), O. p. summer vegetation stored within talus occur after brief exposures to ambient tutelata (no common name), the White openings to persist throughout the temperatures greater than 25.5 °C (77.9 Mountains pika (O. p. sheltoni), the winter months (Smith and Weston 1990, °F) (Smith 1974b, p. 1372). Therefore, gray-headed pika (O. p. schisticeps), the p. 3). Alpine meadows that provide population range of the American pika Taylor pika (O. p. taylori), the lava-bed forage are important to pika survival. progressively increases in elevation in pika (O. p. goldmani), and the Bighorn Like other pika species, the American the southern extents of the distribution Mountain pika (O. p. obscura). The pika has an egg-shaped body with short (Smith and Weston 1990, p. 2). In the Center requested that the remaining legs, moderately large ears, and no northern part of its distribution subspecies be listed as threatened. visible tail (Smith and Weston 1990, p. (southwestern Canada), populations We acknowledged receipt of the 2). Fur color varies among subspecies occur from sea level to 3,000 meters (m) petition in a letter dated October 18, and across seasons, typically with (9,842 feet (ft)), but in the southern 2007. In that letter we advised the shorter, brownish fur in summer and extent (New Mexico, Nevada, and petitioner that we could not address its longer, grayish fur in winter (Smith and southern California) populations rarely petition then because existing court Weston 1990, p. 3). The species is an exist below 2,500 m (8,202 ft) (Smith orders and settlement agreements for intermediately sized pika, with adult and Weston 1990, p. 2). Fossil records other listing actions required nearly all body lengths ranging from 162 to 216 indicate that the species inhabited sites of our listing funding. We also millimeters (6.3 to 8.5 inches) and mean farther south and at lower elevations concluded that emergency listing of the body mass ranging from 121 to 176 during the late Wisconsinan and early American pika was not warranted. grams (4.3 to 6.2 ounces) (Hall 1981, p. Holocene periods (approximately 40,000 We received a 60–day notice of intent 287; Smith and Weston 1990, p. 2). to 7,500 years ago), but warming and to sue from the Center dated January 3, American pikas forage by feeding and drying climatic trends in the middle 2008. We received a complaint from the haying (Huntly et al. 1986, p. 139; Smith Holocene period (approximately 7,500 Center on August 19, 2008. We and Weston 1990, p. 4; Dearing 1997b, to 4,500 years ago) forced populations submitted a settlement agreement to the p. 775). Feeding (the immediate into the current distribution of montane
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refugia (Smith and Weston 1990, p. 2; using indirect genetic methods, Peacock 36 recognized subspecies of the Grayson 2005, p. 2103). (1997, pp. 346–348) demonstrated that American pika (Hall 1981, p. 287–292). Within this geographic distribution, juvenile emigration to other population Of these, 31 subspecies occur in the the American pika has an obligate sites occurred over both long (2 United States over a 10-State region: association with talus habitat because it kilometers (km); (1.24 miles (mi))) and New Mexico, Colorado, Wyoming, uses rock piles for den sites, food short distances, and acted to support Montana, Utah, Idaho, Nevada, storage, and nesting (Smith and Weston population stability by replacing California, Oregon, and Washington 1990, p. 4; Beever et al. 2003, p. 39). deceased adults. Peacock (1997, pp. (Hall 1981, p. 288). The other five Talus habitats also provide 347–348) also concluded that territory subspecies occur in Alberta and British microclimate conditions suitable for availability is a key factor for dispersal Columbia, Canada. Recent genetic work pika survival by creating cooler, moist patterns, and that local pika populations has shown that four major genetic units refugia in summer months (Beever 2002, lacked clusters of highly related of the American pika exist in the p. 27) and insulating individuals in the individuals. northern Rocky Mountains, Sierra colder winter months (Smith 1978, p. Dispersal by American pikas is Nevada, southern Rocky Mountains, and 137). Hafner (1994, p. 380) suggested governed by physical limitations. Smith Cascade Range (Hafner and Sullivan that neither heat nor aridity directly (1974a, p. 1116) suggested that it was 1995, p. 308). We will address American caused local population extirpations difficult for juveniles to disperse over pika subspecies designations in the during historical warming periods, but distances greater than 300 m (10 ft) in United States and Canada more rather it was the upward retreat of low-elevation (2,500-m (8,200-ft)) thoroughly in our status review. alpine permafrost that allowed soil and populations. Lower elevations are The petitioner requested that 7 of the vegetation to fill talus habitat openings. warmer in summer and represent the 36 petitioned American pika subspecies Within these habitats, individual lower edge of the elevational range of be listed as endangered and that the pikas are territorial, maintaining a the species (Smith 1974a, p. 1112). other 29 subspecies be listed as defended territory of 410 to 709 square Research at other locations has threatened. Subspecies are listable meters (m2) (4,413 to 7,631 square feet documented dispersal distances of 3 km entities under the Act. We will verify (ft2)), but fully utilizing overlapping (1.9 mi) (Hafner and Sullivan 1995, p. taxonomic classification of pika home ranges of 861 to 2,182 m2 (9,268 312). The maximum individual subspecies and assess whether any or all to 23,486 ft2) (various studies cited in dispersal distance is probably between subspecies are warranted for listing Smith and Weston 1990, p. 5). 10 and 20 km (6.2 and 12.4 mi) (Hafner under the Act. If any subspecies are Individuals mark their territories with and Sullivan 1995, p. 312). This found to be warranted, we will scent and defend the territories through conclusion is based on genetic (Hafner determine whether they are individually aggressive fights and chases (Smith and and Sullivan 1995, pp. 302–321) and warranted for listing as threatened or Weston 1990, p. 5). Adults with biogeographical (Hafner 1994, pp. 375– endangered when we prepare a adjacent territories form facultatively 382) analysis. Genetic analysis revealed proposed listing rule. monogamous mating pairs (males are that pika metapopulations are separated Threat Factors Affecting the Species sexually monogamous but make little by somewhere between 10 and 100 km investment in rearing offspring) (Smith (6.2 to 62 mi) (Hafner and Sullivan Section 4 of the Act and its and Weston 1990, pp. 5–6). Females 1995, p. 312). Biogeographical analysis implementing regulations (50 CFR 424) give birth to average litter sizes of 2.34 demonstrated that, during the warmer set forth the procedures for adding to 3.68 twice a year (Smith and Weston altithermal period of the mid-Holocene species to the Federal Lists of 1990, p. 4). However, fewer than 10 (about 6,500 years ago), the species Endangered and Threatened Wildlife percent of weaned juveniles are from retreated to sites offering thermal and Plants. A species may be the second litter, because mothers only refugia, and that the species determined to be an endangered or wean the second litter if the first litter subsequently expanded its range threatened species due to one or more is lost (various studies cited in Smith somewhat as climatic conditions cooled of the five factors described in section and Weston 1990, p. 4). (Hafner 1994, p. 381). However, the 4(a)(1) of the Act: (A) The present or Adult pikas can be territorially species has been unable to recolonize threatened destruction, modification, or aggressive to juveniles, and parents can vacant habitat patches greater than 20 curtailment of its habitat or range; (B) become aggressive to their own km (12.4 mi) from refugia sites and has overutilization for commercial, offspring within 3 to 4 weeks after birth recolonized less than 7.8 percent of recreational, scientific, or educational (Smith and Weston 1990, p. 4). available patches within 20 km (12.4 purposes; (C) disease or predation; (D) Therefore, juveniles need to establish mi) of those same refugia sites (Hafner the inadequacy of existing regulatory their own territories and create haypiles 1994, p. 381). Evidence indicates that mechanisms; or (E) other natural or before the winter snowpack if they are the lack of recolonization is due to manmade factors affecting its continued to survive (Smith and Weston 1990, p. vegetation filling in talus areas existence. Listing actions may be 6; Peacock 1997, p. 348). However, (removing pika habitat) or habitat warranted based on any of the above establishing a territory and building a becoming too dry due to environmental threat factors, singly or in combination. haypile does not ensure survival. changes resulting from historical Under the Act, a threatened species is Among all residents (adults and changes in climate (Hafner 1994, p. defined as a species that is likely to overwintering juveniles), yearly average 381). become an endangered species within mortality in pika populations is between Climatic conditions have shaped the the foreseeable future throughout all or 37 and 53 percent; few pikas live to be current distribution of the America pika a significant portion of its range. An 4 years of age (Peacock 1997, p. 346). over the course of history, creating endangered species is defined as a Historically, researchers hypothesized geographically isolated populations on species that is in danger of extinction that American pika juveniles are montane refugia (Hafner 1994, p. 375; throughout all or a significant portion of philopatric, dispersing only if no Hafner and Sullivan 1995, p. 302; its range. We evaluated each of the five territory is available in their natal local Grayson 2005, p. 2103). Information listing factors to determine whether the population site (various studies cited in presented in the petition indicates that level of threat identified by information Smith and Weston 1990, p. 6). However, this geographic isolation has resulted in in the petition or in our files was
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substantial and indicated that listing the The IPCC concluded that global both globally and for the range of the American pika as threatened or climate change is occurring and is American pika. Predicted global average endangered may be warranted. Our caused by human activities, such as the surface warming during the 21st century evaluation is presented below. burning of fossil fuels and clearing of is between 1.1 and 6.4 °C (2.0 and 11.5 forests (Forster et al. 2007, pp. 135-136). °F), depending on the emissions A. The Present or Threatened Historical records analyzed by the IPCC scenario analyzed (Solomon et al. 2007, Destruction, Modification, or demonstrated that global surface p. 70, Table TS. 6). On a regional scale, Curtailment of its Habitat or Range temperatures have risen (with regional North America is likely to exceed the The petitioner states that threats variations) during the past 157 years, global mean warming in most areas causing the present or threatened most strongly after the 1970s (Trenberth (Christenson et al. 2007, p. 850). destruction, modification, or et al. 2007, p. 252). Globally, average Specifically, warming is likely to be curtailment of American pika habitat or surface temperatures have risen by largest in winter in northern regions of range include global climate change, 0.074 °C plus or minus 0.018 °C (0.13 North America, with minimum winter livestock grazing, invasive plant species, °F plus or minus 0.03 °F) per decade temperatures likely rising more than the and fire suppression. during the past century (1906 through global average (Christenson et al. 2007, ° Global Climate Change 2005) and by 0.177 C plus or minus p. 850). Across 21 global temperature 0.052 °C (0.32 °F plus or minus 0.09 °F) models using a mid-level emissions The petitioner states that global per decade during the past quarter- scenario, the IPCC predicted that the climate change is the gravest threat to century (1981 through 2005) (Trenberth average annual temperature in western the long-term survival of the American et al. 2007, p. 253). North America (covering the entire pika. They assert that predicted global Changes in the amount, intensity, range of the American pika) will climate change, both thermal and frequency, and type of precipitation also increase between 2.1 and 5.7 °C (median precipitation regime modifications, can have been summarized by the IPCC 3.4 °C) (3.8 and 10.3 °F (median 6.1 °F)) directly cause thermal stress and (Trenberth et al. 2007, p. 262). The during the 21st century (Christenson et mortality to individuals, contribute to warming of global temperatures has al. 2007, p. 856). Similarly, Smith et al. the loss of montane habitat, and increased the probability of (2000, p. 220) reported a projected synergistically enhance negative precipitation falling as rain rather than warming of 4.4 to 6.1 °C (7.9 to 11°F) ecological and anthropogenic effects. snow, especially in near-freezing in the western United States by 2090. The petitioner provides an overview of situations, such as the beginning and Literature presented by the petitioner global climate change research, end of the snow season (Trenberth et al. demonstrates that temperature increases including past, present, and predicted 2007, p. 263). In many Northern also are expected to affect precipitation, future climatic conditions. After Hemisphere regions, this has caused a snowpack, and snowmelt in the range of presenting an overview of the scientific reduced snowpack, which can greatly the American pika. The IPCC concluded basis of global climate change, the alter water resources throughout the that snow-season length and depth of petitioner discusses observed impacts to year (Trenberth et al. 2007, p. 263). As snowpack are very likely to decrease in the American pika from historic and a result of thermal and precipitation most of North America (Christenson et recent global climate change. Lastly, the regime changes, the IPCC expects the al. 2007, p. 850). Leung et al. (2004, p. petitioner introduces future projected snowline (the lower elevation of year- 75) concluded that future warming climatic conditions in the American round snow) in mountainous regions to increases in the western United States pika’s range and hypothesizes how rise 150 m (492 ft) for every 1 °C (1.8 will cause increased rainfall and these conditions may affect the species. °F) increase in temperature (Christenson decreased snowfall, resulting in reduced The petitioner asserts that the et al. 2007, p. 886). These predictions snow accumulation or earlier snowmelt. publications of the Intergovernmental are consistent with regional predictions Similarly, Rauscher et al. (2008, p. 4) Panel on Climate Change (IPCC), for the Sierra Nevada in California that concluded that increased temperatures specifically the four-volume IPCC calculate that year-round snow will be in the late 21st century could cause Fourth Assessment Report: Climate virtually absent below 1,000 m (3,280 ft) early-season snowmelt-driven runoff to Change 2007, are the best available under a higher emissions scenario occur as much as 2 months earlier than science on global climate change, and (Cayan et al. 2006, p. 32). presently in the western United States. we concur. The IPCC is a scientific The petitioner presents research The petitioner asserts that climate intergovernmental body established by demonstrating that climate change has variables are of immediate concern to the World Meteorological Organization occurred within the range of the the American pika because past and (WMO) and the United Nations American pika. In the 20th century, present trends in climate have Environment Programme (UNEP) ‘‘to regions in which pikas occur (the important physiological, ecological, and assess scientific information related to Pacific Northwest and western United demographic consequences. They state climate change, to evaluate the States) have seen annual average that temperature is a variable of primary environmental and socio-economic temperature increases of 0.6 to 1.7 °C importance to the species because it consequences of climate change, and to (1.1 to 3.1 °F) and 1.1 to 2.8 °C (2.0 to inhibits local population persistence at formulate realistic response strategies’’ 5.0 °F), respectively (Parson et al. 2000, warmer sites, consequently determining (IPCC 2007, p. iii). The IPCC Fourth p. 248; Smith et al. 2000, p. 220). This the species’ distribution. They also Assessment Report: Climate Change warming corresponds with a reduced discuss the ecological and physiological 2007 included the findings of three mountain snowpack (Mote et al. 2005 roles of precipitation, particularly snow, working groups composed of more than and Regonda et al. 2005 cited in Vicuna to the American pika and its habitat. 500 lead authors and 2,000 expert and Dracup 2007, p. 330; Trenberth et Lastly, they discuss how climate reviewers and provided objective al. 2007, p. 310) and a trend toward regulates the factors maintaining the scientific guidance to policymakers on earlier snowmelt in western North American pika’s alpine meadow and the topic of climate change (IPCC 2007, America (Stewart et al. 2004, pp. 217, talus habitat. p. iii). We concur that the IPCC 219, 223). The petitioner presents research information on global climate change is The petitioner presents research concluding that the distribution of reliable. forecasting future climatic conditions American pikas from prehistoric times
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to the present is a result of changing mammal communities to recent climate experience future declines as a result of climatic conditions. Hafner (1994, p. change in the Sierra Nevada. Because similar adverse weather conditions if 375) concluded that, in the southern the study area has been protected since predicted future climatic conditions are Rocky Mountains, occurrence of pika 1890, responses to climate change were realized. populations is closely tied to past and not confounded by land-use effects In addition to studies documenting present distribution of alpine permafrost (Moritz et al. 2008, p. 261). They past impacts to the American pika, the conditions, with altithermal warming documented range contractions in high- petitioner presents investigations into accounting for 66.7 percent of all post- elevation species and upward range future species’ trends. McDonald and Wisconsinan period population expansion in low-elevation species Brown (1992, pp. 409–415) applied the extirpations. Similar biogeographic (Moritz et al. 2008, p. 262). Specifically, theory of island biogeography to analysis demonstrated that climate the lower range limit of the American isolated mountaintop ranges in the change and subsequent impacts on pika shifted 153 m (502 ft) upslope Great Basin of western North America vegetation determined the distribution (Moritz et al. 2008, p. 263). Based on the and modeled potential extinctions of the American pika in the Great Basin Great Basin and Sierra Nevada studies, brought on by changing climatic (Grayson 2005, p. 2103). Grayson (2005, the petitioner states that temperatures conditions. They predicted that the p. 2107) describes the history of provide the most likely explanation for American pika would be locally American pikas in the Great Basin as ‘‘a observed range shifts in American pika extirpated from five of six mountain relentless loss of lower elevation populations. ranges that it inhabited in the Great populations, creating the extremely The petitioner acknowledges the work Basin in 1992, assuming a less than 3 °C patchy, and generally high elevation, of Beever (2002, pp. 23–29) to provide (5.4 °F) increase in temperature distribution seen today.’’ The present further insights into pika population (McDonald and Brown 1992, p.411 distribution of the American pika in the persistence and climate conditions in Table 1). Broader ecological results of Great Basin is approximately 783 m lower elevation regions. American pikas the model indicate that mountain ranges (2,568 ft) higher in elevation than the were detected at historical and new would lose 35 to 96 percent of their distribution during the late Wisconsinan locations at Craters of the Moon and boreal habitat and 9 to 62 percent of and early Holocene periods (Grayson Lava Beds National Monuments (Idaho their current boreal mammal species, 2005, p. 2103), demonstrating an and California, respectively), a notable depending on the mountain range in elevational retreat tracking colder finding because the climate at these question (McDonald and Brown 1992, p. microclimates. While these trends, sites is an estimated 18 to 24 percent 413). Because a 3 °C (5.4 °F) increase is acting over long timescales, demonstrate drier and 5 to 11 percent warmer during within the IPCC’s predicted temperature the role of historical climate conditions the hottest months of the year than increases (see above), the petitioner in shaping pika distribution, the experienced at the interior Great Basin states that these results indicate the petitioner emphasizes the current threat locations where pikas have been potential for catastrophic declines in the to the American pika by citing more extirpated (Beever 2002, pp. 26–27). range of the American pika in the recent, rapid-range contractions. Three habitat characteristics seemed foreseeable future. To demonstrate the immediate important to these populations: large, Loarie (2008, pp. 1-3) predicted vulnerability of pika populations to contiguous areas of rocky, volcanic impacts of climate change on the human-induced climate change, the habitat; average or greater than average distribution of the American pika. petitioner presents research amounts of accessible vegetation; and Under a relatively low emissions documenting 20th century range microtopography with rocks large scenario, habitat suitability for the pika contractions in both the Great Basin and enough for subsurface movement and would be significantly reduced the Sierra Nevada. By conducting tunneling by pikas (Beever 2002, p. 28). throughout its range by the year 2100, extensive surveys between 1994 and Beever concluded that volcanic sites with suitable habitat occurring only in 1999 at historic sites known to have offered thermal refugia from heat stress the southern Rocky Mountains, harbored pikas, a study of Great Basin but noted that this did not completely Yellowstone National Park region, pika populations found that 7 of 25 explain pika persistence (Beever 2002, Cascade Mountains, Olympic populations appeared to have p. 27). He proposed that the lack of Mountains, Canadian Rockies, and a experienced recent extirpations (Beever human land-use impacts also may be small portion of the Sierra Nevada et al. 2003, p. 37). Elevation was an important (Beever 2002, p. 27). (Loarie 2008, Figure B). The petitioner important parameter in models The petitioner cites a study of the cites these modeling efforts to predicting the persistence of pika congeneric collared pika (Ochotona demonstrate that the range of American populations, suggesting that thermal collaris), located in northwest Canada pika habitat is likely to diminish greatly effects have influenced recent and eastern Alaska, to demonstrate that in the future. persistence trajectories of Great Basin precipitation also may affect population Based on these range contractions, the populations of pikas (Beever et al. 2003, persistence. During this study, Morrison petitioner concludes that projected pp. 43, 46, 47). However, additional and Hik (2008, pp. 104–105, 110) changes in climate conditions will affect factors affect persistence, such as documented a population collapse of 90 the species because of direct effects proximity to roads, habitat size, and percent from 1998 through 2000. They from thermal stress and indirect effects livestock grazing, which indicate that hypothesized that the high mortality from changes in habitat and alpine anthropogenic effects may be working in was related to warmer winters that ecology. concert with environmental conditions resulted in low snow accumulation The petitioner contends that to produce the apparent extirpations (and, therefore, poor insulation value), temperature increases in the western (Beever et al. 2003, p. 46). In 2004, the increased frequency of freeze-thaw United States are already exceeding the number of apparent population events, icing following winter rains, and thermal limits of the American pika in extirpations in the study area had late winter snowfalls that delay the start lower elevation populations and that increased to nine (Krajick 2004, p. of the growing season (Morrison and future temperature increases will 1602). Hik 2008, p. 110). The petitioner commit pika populations to an Moritz et al. (2008, pp. 261–264) stresses Morrison and Hik’s (2008, p. increased rate of extinction. They examined long-term responses of small 110) warning that this species will propose four ways by which thermal
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stress will impact the American pika. The petitioner contends that indirect unsuitable for pikas (Hafner 1994, p. First, increasing summer temperatures effects of climate change, such as 380). may make talus habitat too hot for vegetative community change and Summary of Global Climate Change species’ survival. Because American habitat alteration, will affect the pikas have an upper lethal body American pika. Hotter and potentially Based on the results of these temperature that is just 3 °C (5.4 °F) drier conditions projected in montane empirical studies, along with above normal body temperature, habitat regions could alter the plant predictions of declining climatic habitat refugia play an important role in their communities to species less favorable suitability (Loarie 2008, pp. 1–4), we individual thermoregulation (Smith and for pika. One of the most important find that the range of the American pika Weston 1990, p. 3). The petitioner traits of the local plant community is and the habitat within the range are reasons that increasing temperatures forage quality and quantity. The likely to decrease as surface will eliminate cool, moist refugia in petitioner argues that community temperatures increase. Furthermore, the talus habitat, causing individuals to be characteristics less favorable to pika results of studies in the 20th century unable to thermoregulate in summer foraging conditions include an correspond with results of months. They state that predictions for abundance of plant species less suitable biogeographic research into historical higher average summer temperatures to pika nutritional needs; an earlier range shifts by the American pika in combined with more frequent and onset of plant desiccation; and less response to historical climate change longer heat waves will place pikas water content, biomass, or compatible (Hafner 1994, p. 381; Grayson 2005, pp. under increased stress during the phenology in surrounding vegetation. 2108–2109). Therefore, we find that the summer months, potentially causing The petitioner states that global climate petitioner presents substantial mortality (Christensen et al. 2007, pp. change has the potential to cause any or information to indicate that listing the 850, 891). Secondly, they state that, all of these community changes. American pika may be warranted as a even if the talus refugia remain cool, The petitioner states that a second threatened or endangered species due to ambient external temperatures may possible community change is the loss the present or threatened destruction, reduce an individual’s ability to forage of alpine meadow habitat caused by modification, or curtailment of its range during midday. They assert that if pika forest encroachment. They cite studies due to impacts attributed to climate individuals cannot adequately forage in demonstrating the invasion of forests change. the summer months, they may not have into alpine meadow habitat across Livestock Grazing various mountain ranges during the the required body mass or haypile The petitioner states that livestock volume needed for winter survival. 20th century (Dyer and Moffett 1999, p. 444; Fagre et al. 2003, p. 263), and grazing may negatively affect the The petitioner argues that warmer studies indicating that rising American pika by altering the native summer temperatures also will affect temperatures are correlated with this vegetation community surrounding the ability of juvenile pikas to trend (Grabherr et al. 1994, p. 448; talus fields. Specifically, the petitioner successfully disperse and colonize new Walther et al. 2005, p. 541). The suggests that livestock promote the areas; two previous studies have petitioner concludes that a shift from invasion of exotic plants and that concluded that warmer temperatures alpine meadow habitat to forest livestock browsing or trampling of restricted juvenile dispersal (Smith communities would cause pika forage native food sources may limit the food 1974a, p. 1112; 1978, p. 137). They plants to decline, eventually eliminating available to American pika. To conclude that more adverse climatic suitable pika habitat. Additionally, as demonstrate this relationship, they cite conditions may decrease the distance alpine meadow habitat is replaced by research investigating apparent juveniles are able to travel in search of forest stands, pika habitat will become extirpations of the American pika in the new habitat patches. They claim the increasingly smaller and more isolated. Great Basin (Beever et al. 2003, pp. 37- species’ range is likely to decline if Demonstrating the consequences of 54) and the Ili pika (Ochotona iliensis) juveniles are unable to colonize new shrinking alpine habitat, McDonald and in the Tian Shan Mountains of China patches or immigrate to other Brown (1992, pp. 409–415) predicted (Wei-Dong and Smith 2005, pp. 30–34). populations. They also conclude that that small-mammal extirpations, However, the information cited in the juvenile pikas may not be able to collect including the American pika, will be petition provided little to support the adequate haypiles because higher common across mountain ranges in the claim that livestock promote invasion of temperatures lead to earlier desiccation Great Basin as alpine habitats retreat to exotic plants. of vegetation. Therefore, even if higher elevations or disappear in Recent research of American pika juveniles create new home territories, response to global climate change. local populations in the Great Basin they may not be able to survive the In addition to alpine meadows, the demonstrated a negative correlation winter months. petitioner states that global climate between livestock-grazed areas and Lastly, the petitioner asserts that the change may affect the formation and population persistence (Beever et al. American pika may be sensitive to maintenance of talus habitat. Alpine 2003, pp. 41–45). In this study, six changing winter conditions. The permafrost conditions provide the apparent extirpations (out of seven) petitioner cites studies indicating that necessary freeze–thaw events to form occurred on grazed lands (out of 14 earlier snowmelt (Smith 1978, p. 133) talus habitat while also preventing grazed sites) (Beever et al. 2003, p. 54). and loss of snow cover, which provides vegetation encroachment in talus These six extirpations represent 24 insulation during cold weather through extremely cold climatic events percent of the 25 populations reported (Morrison and Hik 2008, p. 110), may be (Hafner 1994, p. 376). The petitioner earlier in the 20th century for this area associated with high mortality and asserts that increasing winter (Beever et al. 2003, p. 37). subsequent population declines. temperatures will cause the decline of Similar results were presented from a Because the decline in snowpack and these conditions and the corresponding census of sites known to harbor the Ili earlier montane snowmelt are predicted decrease in talus habitat. Increasing pika in the Xinjiang Uygur Autonomous to occur within the next century (see temperatures will no longer prevent Region in China (Wei-Dong and Smith above), winter survival of the American vegetation encroachment, thus filling 2005, p. 30). The authors reported being pika may consequently decrease. talus vacancies and making habitat unable to find any Ili pika individuals
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at 14 sites and finding fresh signs of Ili demands and risk of predation on pikas and alpine plant communities in the pika at only 6 sites, despite investigating (Beever et al. 2003, p. 49). However, it Sierra Nevada and Cascades are areas where Ili pika were observed 10 also is possible that livestock do not relatively intact, with few invasive years earlier (Wei-Dong and Smith 2005, affect the generalist diet of pikas, plants (Schwartz et al. 1996 cited in p. 32). The authors hypothesized that because livestock avoid rocky talus Bunn et al. 2006, p. 299). Similarly, livestock grazing, which had just slopes, create minimal grazing pressure Nevada’s WAP (Nevada Department of recently begun occurring above 3,000 m on pika-foraged areas, or prefer specific Wildlife 2005, p. 159) did not list (9,843 ft), could have a negative effect forage (graminoids) (Beever et al. 2003, invasive plants as a threat to alpine and on these populations (Wei-Dong and p. 50). Similarly, while it is possible tundra habitats. Utah’s WAP (Sutter et Smith 2005, p. 33). that excessive livestock grazing leads to al. 2005, pp. 5–7, 8–7) listed invasive The petitioner cites the California local pika population extirpations plants (cheatgrass and noxious weeds) Wildlife Action Plan (Bunn et al. 2006, through increased individual mortality as a threat to the American pika’s p. 4) and the New Mexico Wildlife from the above stresses, it also is secondary habitat of mountain shrub. Conservation Strategy (New Mexico possible that other factors are actually Alpine habitats that are the primary Department of Game and Fish 2006, p. causing the extirpations, such as habitat for the American pika are not 183) to demonstrate that excessive disease, climate, or stochastic events. identified as a key habitat by the State grazing is a recognized threat to alpine We will further investigate whether of Utah and, therefore, threats to this meadows across the range of the livestock grazing is a potential threat habitat are not listed in the Utah WAP American pika. Pika habitat evolved free when we address the threats to the (Sutter et al. 2005, pp. 5–8). of intense grazing pressure, but this American pika in our 12–month status Human fire suppression is identified habitat has now become attractive review. by the petitioner as a potential cause of grazing sites for livestock, resulting in forest encroachment up elevational losses of native vegetation and meadow Invasive Plants and Fire Suppression gradients and into mountain meadows, degradation (Bunn et al. 2006, p. 296). The petitioner states that the invasion resulting in reduced foraging areas for The petitioner presents general of exotic plant species may alter alpine the pika. However, much of the information demonstrating the threat of meadow foraging habitat to a available scientific literature indicates excessive grazing to American pika community less favorable for the that climate change is a more likely habitat, and presents the possibility that American pika. They state that this cause of this forest encroachment (Dyer grazing activities led to localized threat is increasing and list many and Moffett 1999, pp. 444, 452). population extirpations or declines in possible vectors for invasive species. Similarly, Fagre et al. (2003, p. 263) both the American pika and China’s Ili Additionally, they propose that fire concluded that precipitation (snow pika. However, the results from the suppression may contribute to the depth) is a critical variable regulating American pika (Beever et al. 2003, pp. encroachment of trees into alpine and conifer expansion. 37–54) and Ili pika (Wei-Dong and subalpine meadows, also altering Summary of Invasive Plants and Fire Smith 2005, pp. 30–34) research vegetation communities to a less Suppression presented grazing as only one of many favorable state. possible causes of extirpations. While the petitioner cites literature Invasions of nonnative plants could Beever et al. (2003, p. 45) demonstrating that invasive plants are change the composition of meadows acknowledged that results describing infiltrating alpine areas, these studies do used for foraging by the American pika. the effects of grazing are mixed and not demonstrate a threat to habitat of the However, invasions by exotic plant should be cautiously interpreted, American pika. McDougall et al. (2005, species have not been shown to because other variables also show strong p. 159) revealed that invasive plant constitute a major threat to alpine negative correlation to American pika species are colonizing treeless areas, but systems, and the petitioner provided no persistence. The results indicate the do so in the Australian Alps, far from evidence demonstrating that the possibility that grazing effects to pikas American pika habitat. While these American pika would be harmed by a are correlated with other variables, such results can be interpreted as a harbinger change in diet to these nonnative plants. as elevation or talus habitat area (Beever of possible threats to pikas in North Forest encroachment is a credible threat et al. 2003, pp. 45, 49). America, research has determined that to alpine meadow habitat. However, The results of observational surveys alpine and wilderness areas are still climate change has been indicated as a for Ili pikas (Wei-Dong and Smith 2005, relatively unaffected by invasive plants more likely rangewide cause of forest pp. 30–34) do not provide any direct in the Northwest mountain ecoregions encroachment than fire suppression linkage between livestock grazing and of the United States (Parks et al. 2005, (Dyer and Moffett 1999, p. 452). We will pika extirpations, because no p. 137). further investigate whether invasive quantitative data were collected to When we reviewed the State Wildlife plants and fire suppression are potential describe grazing pressure. The Action Plans (WAPs) in the range of the threats to the present or threatened conclusion that grazing may have a American pika we found that invasive destruction, modification, or negative influence on Ili pika plants are listed as threats in some pika curtailment of pika habitat or range populations was one of three habitat, but not in its primary alpine when we address the threats to the hypotheses presented in the discussion. habitat. New Mexico’s WAP American pika in our 12-month status While this hypothesis is valid, it should acknowledged that wet meadow habitat review. not be confused with direct scientific can be manipulated to replace native B. Overutilization for Commercial, evidence. vegetation with pasture species (New Mexico Department of Game and Fish Recreational, Scientific, or Educational Summary of Livestock Grazing 2006, p. 183). California’s WAP (Bunn et Purposes It is possible that livestock grazing al. 2006, p. 272) listed invasive plants The petitioner did not present could reduce vegetation close to talus as a threat to the Modoc plateau (for information, nor do we have habitat and subsequently cause pikas to example, cheatgrass (Bromus tectorum) information in our files, suggesting that forage farther from the protective cover and pepper weed (Lepidium overexploitation is affecting American of talus, thus increasing energy virginicum)), but stated that subalpine pika populations. However, we will
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further investigate whether wildlife, climate change is most likely to convention were not met. Furthermore, overutilization for commercial, allow disease vectors to alter ranges and the petitioner states that the Kyoto recreational, scientific, or educational life history, possibly increasing the Protocol also is inadequate to prevent purposes is a potential threat when we occurrence and severity of vector-borne significant climate change because address the threats to the American pika diseases (Harvell et al. 2002, p. 2160). emissions reduction targets for the first in our 12-month status review. Elevational and latitudinal changes for commitment period are unlikely to be wildlife and plant diseases may met, the goals are too modest to C. Disease or Predation introduce more severe or new diseases sufficiently reduce global warming, and The petitioner states that changing to pikas and their forage base. However, negotiations have not begun in earnest climatic conditions may make the the American pika is not known to be for emission reductions after 2012. They American pika more vulnerable to both at risk from any specific disease threats claim that a major reason why the Kyoto predators and disease, because at this time. Protocol’s goals will not be met is evolutionary adaptations and because the United States has not Summary of Disease and Predation constraints will no longer safeguard ratified the protocol. individuals. They state that American Little empirical data exists to To demonstrate the need for United pika individuals may be more demonstrate that increased predation States regulation, the petitioner presents susceptible to winter and spring would greatly alter population data indicating that United States predation from weasels (Mustela spp.) persistence, and the species is not emissions are expected to increase by in talus habitat by increasing their known to be at risk from any specific 43.5 percent between 2001 and 2025 accessibility if there is decreased disease or pathogen. However, we will (GAO 2003, p. 2), a substantial contrast snowpack and earlier snowmelt. They further investigate whether disease and to the reduction goals laid forth in the additionally present the view that forest predation are potential threats when we Kyoto Protocol. The petitioner asserts encroachment into meadow foraging address the threats to the American pika that the lack of action by the U.S. habitat may decrease the pika’s ability in our 12–month status review. Environmental Protection Agency (EPA) to visibly detect predators. Finally, they D. The Inadequacy of Existing to regulate greenhouse gas emissions assert that disease prevalence in pikas Regulatory Mechanisms under the Clean Air Act illustrates the and their forage base may increase as inadequacy of existing regulatory temperature and humidity constraints The petitioner states that existing mechanisms. Specifically, the petitioner allow disease pathogens to expand regulatory mechanisms are inadequate describes the 2007 decision by the spatially and temporally. to prevent the decline of the American Supreme Court overturning EPA’s The American pika is known to be a pika because global and national rejection of a petition to regulate prey species in the alpine ecosystem. regulations are failing to reduce carbon greenhouse gas emissions from Potential predators of the pika include emissions to levels that will slow global automobiles under the Clean Air Act, coyotes (Canis latrans), longtail weasels surface warming. They further state that and asserts that EPA has not yet taken (Mustela frenata), shorttail weasels (M. no legal mechanisms currently exist to action in response to the matter being erminea), and pine martens (Martes regulate greenhouse gases on a national remanded to it by the Supreme Court for americana) (Smith and Weston 1990, p. level in the United States. They argue further consideration. [Note: EPA 5). Weasels have been identified as the that stabilizing current climatic recently responded to the Supreme most effective pika predators because of conditions through reductions in Court by publishing a finding on April their ability to hunt within talus greenhouse gas emissions is necessary 17, 2009, on six greenhouse gases that interstices (Ivins and Smith 1983, p. to preserve remaining American pika contribute to air pollution; the EPA 279). habitat. finding does not affect this 90-day Changes to climate and habitat could According to the IPCC, anthropogenic petition finding.] The petitioner also possibly alter predator–prey interactions emissions of long-lived greenhouse asserts that the Federal government’s and increase the success of predators. gases, especially carbon dioxide, are Global Climate Change Initiative, which For example, the petitioner asserts that currently contributing the largest relies on voluntary measures and decreased snowpack and earlier positive radiative forcings (leading to focuses on reducing the amount of snowmelt could increase accessibility of warming of climate) of any climatic greenhouse gas emissions per unit of talus slopes by weasels, thus increasing factor (Forster et al. 2007, pp. 136–137). energy produced, not the overall level of pika mortality. However, this assertion Furthermore, the IPCC determined that emissions, is inadequate and that under is speculative and no information was the cumulative radiative forcings from the plan U.S. cumulative greenhouse gas presented to indicate that changes in human activities are influencing present emissions would continue to increase predation rates may adversely affect and future climatic conditions much between 2002 and 2012, based on pika population persistence. more than natural processes (Forster et information from the U.S. Government Changes to climate also may increase al. 2007, pp. 136–137). The petitioner Accounting Office (GAO 2003a). Lastly, disease occurrence, prevalence, and argues that changes in climate caused by while they acknowledge that some severity to both the American pika and human activities must be mitigated examples of legislation, such as the its forage base. Changing climatic through stronger regulatory mechanisms California Global Warming Solutions conditions could affect host-pathogen because existing mechanisms are Act of 2006, are steps in the right relationships by increasing pathogen inadequate. direction, they believe that State and vital rates (development, transmission, To demonstrate that past attempts at local regulations are insufficient on or reproduction), decreasing life cycle regulating global emissions have failed, their own to slow global warming. limitations typically occurring in the petitioner summarizes major global The petitioner stresses that immediate winter, and altering host susceptibility climate initiatives. The petitioner claims legislative action is necessary to save (Harvell et al. 2002, p. 2158). For plants, that the United Nations Framework the American pika because scientists decreases in pathogen winter mortality Convention on Climate Change has not warn that we are approaching emission would likely increase disease severity effectively controlled global greenhouse levels that would cause dangerous because pathogens usually die in winter emissions, because the year 2000 climate change (Hansen et al. 2008, pp. (Harvell et al. 2002, p. 2159). For emission goals established under this 217–218). Hansen et al. (2008, p. 218)
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concluded that present global mean vegetation community change American pika, because the probability carbon dioxide (CO2) concentration of (trampling or removal of plants). The of direct human disturbance to 385 parts per million (ppm) is already petitioner focuses on two specific types population locations remains quite low. in the dangerous zone. Hansen et al. of disturbance, roads and recreational Summary of Natural or Manmade (2008, p. 217) further concluded that a OHV usage, as threats most likely to Factors Affecting Continued Existence 350-ppm CO2 target is necessary if alter pika persistence. ‘‘humanity wishes to preserve a planet Research in the Great Basin Although direct human disturbance similar to that on which civilization demonstrates that American pika can negatively affect American pika developed and to which life on Earth is population persistence is negatively population sites, the probability of adapted.’’ correlated with proximity to roads, and humans interacting with the American The petition concludes that existing even more so when analyzing distance pika remains low across the species’ regulatory mechanisms relating to global to primary roads (Beever et al. 2003, p. range because the species inhabits warming are inadequate to ensure the 45). In analyses, the ‘‘distance to roads’’ remote alpine locations. Lower continued survival of the American pika parameter appeared in four of the top elevation population locations are more and that regulatory measures related to five models, including the most susceptible to human disturbances other threats to the pika are also plausible model (Beever et al. 2003, p. because they are more likely to have inadequate to ensure its survival in the 46). Although this signals an important roads and more accessible to human face of advancing climate change. It relationship between road proximity activity. We will further investigate asserts that ensuring the American and pika population persistence, the whether natural or manmade factors pika’s survival requires immediate authors acknowledged that other affecting the continued existence of the action, particularly in the United States, variables (such as elevation and habitat American pika are potential threats to reduce greenhouse gas emissions. size) may be confounding these results when we address the threats to the (Beever et al. 2003, p. 49), and reveal species in our 12-month status review. Summary of Inadequacy of Existing that direct human influence was only Regulatory Mechanisms Finding seen at three of seven extirpated sites The petitioner provides information (Beever et al. 2003, p. 45). Roads pose We reviewed the petition, petition relative to regulations that address a a possible risk to a subset of American supplement, supporting information change of global or national carbon pika populations. However, we found provided by the petitioner, and dioxide emissions to levels that would no evidence that roads constitute a information in our files, and evaluated affect global surface warming trends. We rangewide threat; the majority of pika that information to determine whether will further investigate whether the populations are currently in areas the sources cited support the claims inadequacy of existing regulatory unlikely to have roads, such as steep, made in the petition. We find that the mechanisms is a potential threat when high-elevation sites. petitioner presented substantial we address the threats to the American The petitioner asserts that human information under Factor A, indicating pika in our 12-month status review. activities also may alter the ecology of that listing the American pika as the American pika habitat and have threatened or endangered under the Act E. Other Natural or Manmade Factors long-term consequences, because alpine may be warranted because of the present Affecting its Continued Existence environments provide little opportunity or threatened destruction, modification, The petitioner states that the for ecosystem recovery (Butler 1995 and or curtailment of its habitat or range as American pika is threatened by human Chambers 1997 cited in Beever et al. a result of effects related to global activities, including roadways and 2003, p. 49). A possible safeguard to climate change. Continued surface recreational activities. They present the these effects is the fact that protected warming may alter alpine ecosystems to results of Beever et al. (2003, pp. 37–54) wilderness areas are concentrated at conditions that do not support the that show a negative correlation these high-elevation sites (Norton 1999 American pika, possibly resulting in between population persistence and cited in Beever et al. 2003, p. 50). individual mortality, population distance to roads, and a positive However, wilderness areas encompass extirpations, and range contraction. We correlation between population only a fraction of alpine habitat in the will address any other potential threats persistence and lands managed under western United States. Although alpine during our 12-month status review. wilderness protection. They also state areas have historically been free of Therefore, we are initiating a status that the alpine and subalpine forging dense human activity, human-induced review to determine if listing the habitats on which the America pika is threats are increasing. American pika under the Act is dependent are sensitive to disturbance The petitioner asserts that a newly warranted. As part of our status review and difficult to restore and that, emerging threat is recreational OHV of the American pika, we will examine therefore, any major human usage on non-snow-covered terrain. available information on threats to the disturbances, such as roads or off- Recreational OHV usage has the species and make a final determination highway vehicle (OHV) use, have an potential to greatly alter alpine systems on whether the species is warranted for enduring effect on the landscape. The through vegetation disturbance, trail listing as threatened or endangered petitioner cites the New Mexico and creation, and increased erosion. under the Act. Nevada WAPs, which acknowledge Additionally, OHVs provide easier We encourage interested parties to roadways and recreational usage as access to alpine areas, increasing human continue gathering data that will assist threats to alpine communities (Nevada presence in areas previously considered with the conservation and monitoring of Department of Wildlife 2005, p. 159; remote. When OHV usage is combined the American pika. You may submit New Mexico Department of Game and with communication towers and ski information regarding the American Fish 2006, p. 183). activities, human presence and impacts pika by one of the methods listed in the Human activities could alter the on alpine areas are at unprecedented ADDRESSES section at any time. The ecology or life history of the American levels. However, we found minimal petitioner requested that critical habitat pika in many ways, including direct evidence to support the hypothesis that be designated for this species. If we take (recreational shooting), harassment human influence in alpine communities determine in our 12-month finding that (proximity of cars, pets, or people), and constitutes a rangewide threat to the listing the American pika is warranted,
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we will address the designation of finding on a petition, which is Author(s) critical habitat at the time of the conducted following a positive 90-day The primary authors of this document proposed listing rulemaking. finding. Because the Act’s standards for are staff from the Utah Ecological The ‘‘substantial information’’ 90-day and 12-month findings are Services Field Office (see FOR FURTHER standard for a 90-day finding is not the different, as described above, a positive INFORMATION CONTACT section). same as the Act’s ‘‘best scientific and 90-day finding does not mean that the commercial data’’ standard that applies 12-month finding also will be positive. Authority to a 12-month finding to determine The authority for this action is section References Cited whether a petitioned action is 4 of the Endangered Species Act of warranted. A 90-day finding is not a A complete list of all references cited 1973, as amended (16 U.S.C. 1531 et status assessment of the species and seq.). does not constitute a status review herein is available upon request from under the Act. Our final determination the Utah Ecological Services Field Dated: April 29, 2009 of whether a petitioned action is Office (see FOR FURTHER INFORMATION Signed: Bernard Mazer warranted is not made until we have CONTACT section). Acting Director, U.S. Fish and Wildlife Service completed a thorough status review of [FR Doc. E9–10551 Filed 5–6– 09; 8:45 am] the species as part of the 12-month BILLING CODE 4310–55–S
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Notices Federal Register Vol. 74, No. 87
Thursday, May 7, 2009
This section of the FEDERAL REGISTER IV. Historic Preservation and the DEPARTMENT OF AGRICULTURE contains documents other than rules or American Recovery and proposed rules that are applicable to the Reinvestment Act. Animal and Plant Health Inspection public. Notices of hearings and investigations, Service committee meetings, agency decisions and V. Implementing ACHP rulings, delegations of authority, filing of Recommendations on the Structure [Docket No. APHIS–2008–0141] petitions and applications and agency of the Federal Preservation statements of organization and functions are Program. Availability of an Environmental examples of documents appearing in this Assessment and Finding of No VI. Preserve America Program section. Significant Impact for a Biological Implementation. Control Agent for Arundo donax A. Current Status. AGENCY: Animal and Plant Health ADVISORY COUNCIL ON HISTORIC B. Implementing the Preserve Inspection Service, USDA. PRESERVATION America/Save America’s Treasures Authorizing Legislation. ACTION: Notice. Notice of Meeting C. Preserve America Summit SUMMARY: We are advising the public AGENCY: Advisory Council on Historic Recommendations: Looking to the that an environmental assessment and Preservation. Future. finding of no significant impact have ACTION: Notice of meeting. VII. Preservation Initiatives Committee. been prepared by the Animal and Plant Health Inspection Service relative to the A. Legislative Update. SUMMARY: Notice is hereby given that release of a wasp, Tetramesa romana, the Advisory Council on Historic VIII. Federal Agency Programs into the continental United States for Preservation (ACHP) will meet Committee. use as a biological control agent to Thursday, May 14, 2009. The meeting A. Section 3 Report to the President: reduce the severity of Arundo donax will be held in Room M09 in the Old Follow Up. infestations. Based on its finding of no Post Office Building, 1100 Pennsylvania significant impact, the Animal and Plant B. Section 106 Case Updates. Avenue, NW., Washington, DC at 9 a.m. Health Inspection Service has The ACHP was established by the IX. Communications, Education, and determined that an environmental National Historic Preservation Act of Outreach Committee. impact statement need not be prepared. 1966 (16 U.S.C. 470 et seq.) to advise the A. Service Learning Initiative. FOR FURTHER INFORMATION CONTACT: Dr. President and Congress on national X. Chairman’s Report. Carmen Soileau, Senior Entomologist, historic preservation policy and to Evaluation and Permitting of Regulated comment upon Federal, federally A. ACHP Alumni Foundation. Organisms and Soil, PPQ, APHIS, 4700 assisted, and federally licensed B. Transition. River Road Unit 133, Riverdale, MD undertakings having an effect upon XI. Executive Director’s Report. 20737–1237; (301) 734–5302. properties listed in or eligible for SUPPLEMENTARY INFORMATION: inclusion in the National Register of A. Staff Changes and Recruitment. Historic Places. The ACHP’s members B. Diversity Initiative. Background are the Architect of the Capitol; the XII. New Business. Arundo donax is a highly invasive, Secretaries of the Interior, Agriculture, XIII. Adjourn. bamboo-like weed that was introduced Defense, Housing and Urban to North America in the early 1500s for Development, Commerce, Education, Note: The meetings of the ACHP are open its fiber uses. It is among the fastest Veterans Affairs, and Transportation; to the public. growing plants in the continental the Administrator of the General If you need special accommodations United States, making it a severe threat Services Administration; the Chairman due to a disability, please contact the to riparian areas, where it causes of the National Trust for Historic Advisory Council on Historic erosion, damages bridges, alters channel Preservation; the President of the Preservation, 1100 Pennsylvania morphology, increases costs for National Conference of State Historic Avenue, NW., Room 803, Washington, chemical and mechanical control along Preservation Officers; a Governor; a DC, 202–606–8503, at least seven (7) transportation corridors, and impedes Mayor; a Native American; and eight days prior to the meeting. For further law enforcement activities along non-Federal members appointed by the information: Additional information international borders. Additionally, A. President. concerning the meeting is available from donax consumes excessive amounts of The agenda for the meeting includes the Executive Director, Advisory water, competing for water resources in the following: Council on Historic Preservation, 1100 arid regions where these resources are Call To Order—9 a.m. Pennsylvania Avenue, NW., #803, critical to the environment, agriculture, Washington, DC 20004. and municipal users. I. Chairman’s Welcome. The proposed biological control agent, II. Preserve America and Chairman’s Dated: April 30, 2009. Tetramesa romana, is a wasp in the Award Presentation. John Fowler, insect family Eurytomidae. It has a III. Native American Activities. Executive Director. widespread presence around the A. Native American Advisory Group. [FR Doc. E9–10514 Filed 5–6–09; 8:45 am] Mediterranean basin, from Turkey to B. Native American Program Report. BILLING CODE 4310–K6–M Spain and Morocco, and was also found
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at one site in southern Africa and one Implementing Procedures (7 CFR part main?main=DocketDetail&d=APHIS- site in China. Two populations of T. 372). 2009–0015 to submit or view comments romana have recently been discovered Done in Washington, DC, this 1st day of and to view supporting and related near Santa Barbara, CA, and in Austin, materials available electronically. May 2009. • TX. The establishment of T. romana in Kevin Shea, Postal Mail/Commercial Delivery: Texas indicates that the wasp has a Please send two copies of your comment Acting Administrator, Animal and Plant to Docket No. APHIS–2009–0015, moderate level of cold hardiness and is Health Inspection Service. therefore expected to establish Regulatory Analysis and Development, [FR Doc. E9–10632 Filed 5–6–09; 8:45 am] throughout the range of A. donax. PPD, APHIS, Station 3A–03.8, 4700 On March 6, 2009, we published in BILLING CODE 3410–34–P River Road Unit 118, Riverdale, MD the Federal Register (74 FR 9779–9780, 20737–1238. Please state that your Docket No. APHIS–2008–0141) a comment refers to Docket No. APHIS– DEPARTMENT OF AGRICULTURE notice 1 in which we announced the 2009–0015. availability, for public review and Animal and Plant Health Inspection Reading Room: You may read any comment, of an environmental Service comments that we receive on the assessment (EA) that examined the evaluation in our reading room. The potential environmental impacts [Docket No. APHIS–2009–0015] reading room is located in room 1141 of associated with the proposed release of the USDA South Building, 14th Street this biological control agent into the Notice of Availability of an Evaluation and Independence Avenue, SW., continental United States. of the Highly Pathogenic Avian Washington, DC. Normal reading room We solicited comments on the EA for Influenza Subtype H5N1 Status of hours are 8 a.m. to 4:30 p.m., Monday 30 days ending April 6, 2009. We Suffolk and Norfolk Counties in through Friday, except holidays. To be received 10 comments by that date. A England sure someone is there to help you, written response to all comments AGENCY: Animal and Plant Health please call (202) 690–2817 before received on the EA can be found in Inspection Service, USDA. coming. appendix 3 of the final EA (see footnote Other Information: Additional ACTION: Notice of availability and 1). information about APHIS and its In this document, we are advising the request for comments. programs is available on the Internet at public of our finding of no significant SUMMARY: We are advising the public http://www.aphis.usda.gov. impact (FONSI) regarding the release of that the Animal and Plant Health FOR FURTHER INFORMATION CONTACT: Dr. a wasp, Tetramesa romana, into the Inspection Service has prepared an Ingrid Kotowski, Import Risk Analyst, continental United States for use as a evaluation of the animal health status of Regionalization Evaluation Services biological control agent to reduce the Suffolk and Norfolk Counties, England, International, National Center for Import severity of A. donax infestations. The relative to the H5N1 subtype of highly and Export, VS, APHIS, 920 Main finding, which is based on the EA, pathogenic avian influenza (HPAI). The Campus Drive, Suite 200, Raleigh, NC reflects our determination that release of evaluation presents our assessment of 27606; (919) 855–7732. this biological control agent will not the HPAI H5N1 detection, control, and SUPPLEMENTARY INFORMATION: have a significant impact on the quality eradication measures in place in Suffolk Background of the human environment. and Norfolk Counties, England, during The EA and FONSI may be viewed on outbreaks of HPAI H5N1 in 2007, as Under the Animal Health Protection the Regulations.gov Web site (see well as our assessment of the present Act (7 U.S.C. 8301 et seq.), the Animal footnote 1). Copies of the EA and FONSI status of Suffolk and Norfolk Counties, and Plant Health Inspection Service are also available for public inspection England, with respect to HPAI subtype (APHIS) has the authority to prohibit or at USDA, Room 1141, South Building, H5N1. We are making this evaluation restrict the importation into the United 14th Street and Independence Avenue, available to the public for review and States of animals, animal products, and SW., Washington, DC, between 8 a.m. comment. If, after the close of the other articles in order to prevent the and 4:30 p.m., Monday through Friday, comment period, APHIS can identify no introduction of diseases and pests into except holidays. Persons wishing to additional risk factors that would the U.S. livestock and poultry inspect copies are requested to call indicate that domestic poultry in populations. ahead on (202) 690–2817 to facilitate Suffolk and Norfolk Counties in Highly pathogenic avian influenza entry into the reading room. In addition, England continue to be affected with (HPAI) is a zoonotic disease of poultry. copies may be obtained by writing to the HPAI H5N1, we would conclude that The H5N1 subtype of HPAI is an individual listed under FOR FURTHER extremely infectious and fatal form of the importation of live birds, poultry INFORMATION CONTACT. the disease. HPAI can strike poultry carcasses, parts of carcasses, and eggs The EA and FONSI have been quickly without any warning signs of (other than hatching eggs) of poultry, prepared in accordance with: (1) The infection and, once established, can game birds, or other birds from the National Environmental Policy Act of spread rapidly from flock to flock. HPAI affected regions of Suffolk and Norfolk 1969 (NEPA), as amended (42 U.S.C. viruses can also be spread by manure, Counties in England presents a low risk 4321 et seq.), (2) regulations of the equipment, vehicles, egg flats, crates, of introducing HPAI H5N1 into the Council on Environmental Quality for and people whose clothing or shoes United States. implementing the procedural provisions have come in contact with the virus. of NEPA (40 CFR parts 1500–1508), (3) DATES: We will consider all comments HPAI viruses can remain viable at USDA regulations implementing NEPA that we receive on or before June 8, moderate temperatures for long periods (7 CFR part 1b), and (4) APHIS’ NEPA 2009. in the environment and can survive ADDRESSES: You may submit comments indefinitely in frozen material. The 1 To view the notice, environmental assessment, by either of the following methods: H5N1 subtype of HPAI has been of finding of no significant impact, and the comments • we received, go to http://www.regulations.gov/ Federal eRulemaking Portal: Go to particular concern because it has fdmspublic/component/main?main=DocketDetail& http://www.regulations.gov/fdmspublic/ crossed the species barrier and caused d=APHIS-2008-0141. component/ disease in humans.
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In February 2007, the Chief Veterinary and investigation of outbreaks was in information on the location and hours of Officer of the United Kingdom of Great place; the reading room). You may request Britain and Northern Ireland (UK) • All reported suspected or confirmed paper copies of the evaluation by calling reported to the World Organization for cases of avian influenza were or writing to the person listed under FOR Animal Health (OIE) the occurrence of investigated; FURTHER INFORMATION CONTACT. Please HPAI H5N1 in domestic poultry in • The system for recording, refer to the title of the evaluation when Suffolk County, England, near the managing, and analyzing diagnostic and requesting copies. surveillance data was sufficient to border with Norfolk County. Emergency Done in Washington, DC, this 1st day of response measures implemented by UK demonstrate the effectiveness of the May 2009. UK’s HPAI H5N1 control measures; animal health authorities included Kevin Shea, establishing a restricted zone of control • Diagnostic and laboratory capabilities were effective, and testing Acting Administrator, Animal and Plant measures that encompassed parts of Health Inspection Service. Suffolk and Norfolk Counties. procedures were documented and In November 2007, a second outbreak standardized; [FR Doc. E9–10630 Filed 5–6–09; 8:45 am] of HPAI H5N1 was reported to have • Eradication and control measures, BILLING CODE 3410–34–P occurred in domestic poultry in Suffolk including movement restrictions, were County. Animal health authorities in the effectively implemented in response to DEPARTMENT OF AGRICULTURE UK again implemented emergency outbreaks to prevent further spread of control measures to prevent the spread disease; and • Animal and Plant Health Inspection of HPAI H5N1 and eradicate it from the Procedures used for depopulation Service domestic poultry population. cleaning and disinfection of affected Additional surveillance revealed no premises were documented and [Docket No. APHIS–2009–0021] evidence of subsequent cases of HPAI effective. H5N1 in Suffolk or Norfolk County. Based on these factors, which are Pale Cyst Nematode; Update of Accordingly, the emergency measures consistent with the OIE’s Quarantined Areas were lifted on December 19, 2007. On recommendations for reinstatement for AGENCY: Animal and Plant Health May 12, 2008, the UK formally notified trade with a country that has Inspection Service, USDA. the OIE that the outbreak had been experienced an HPAI H5N1 outbreak,1 ACTION: Notice of changes to resolved. our evaluation concludes that the UK quarantined area. To prevent the introduction of HPAI was able to effectively control and H5N1 into the United States, APHIS eradicate HPAI H5N1 in the domestic SUMMARY: We are advising the public added Suffolk and Norfolk Counties to poultry population and that the UK that we have made changes to the area the list of regions that APHIS considers authorities have adequate control in the State of Idaho that is quarantined to be affected with HPAI H5N1. This measures in place to rapidly identify, to prevent the spread of pale cyst resulted in restriction on the control, and eradicate the disease nematode. The description of the importation of bird, poultry, and bird should it be introduced into the UK’s quarantined area was updated on and poultry products into the United wild birds or domestic poultry February 10, 2009, when approximately States from those two counties. population. 2,721 acres were removed from the In a document titled ‘‘Evaluation of We are making the evaluation quarantined area and approximately the Highly Pathogenic Avian Influenza available for public comment. We will 4,976 acres were added to the H5N1 Status of Suffolk and Norfolk consider all comments that we receive quarantined area. Counties, England’’ (January 2009), we on or before the date listed under the FOR FURTHER INFORMATION CONTACT: Ms. present the results of our evaluation of heading DATES at the beginning of this Eileen Y. Smith, National Program the status of HPAI H5N1 in domestic notice. poultry in Suffolk and Norfolk Counties, If, after the close of the comment Manager, Emergency and Domestic England, in light of the actions taken by period, APHIS can identify no Programs, PPQ, APHIS, 4700 River UK authorities since the outbreaks, and additional risk factors that would Road, Unit 150, Riverdale, MD 20737– document our analysis of the risk of indicate that domestic poultry in 1236; (301) 734–5235. HPAI H5N1 introduction and spread in Suffolk and Norfolk Counties in SUPPLEMENTARY INFORMATION: Suffolk and Norfolk Counties, England, England continue to be affected with Background and whether removing Suffolk and HPAI H5N1, we would conclude that Norfolk Counties from the list of regions the importation of live birds, poultry The pale cyst nematode (PCN) that APHIS considers to be affected with carcasses, parts of carcasses, and eggs (Globodera pallida) is a major pest of HPAI H5N1 would be appropriate. (other than hatching eggs) of poultry, potato crops in cool-temperature areas. We based our evaluation of the HPAI game birds, or other birds from regions Other solanaceous hosts include H5N1 status of Suffolk and Norfolk of Suffolk and Norfolk Counties tomatoes, eggplants, peppers, tomatillos, Counties in England, on the following presents a low risk of introducing HPAI and some weeds. The PCN is thought to critical factors: H5N1 into the United States. have originated in Peru and is now • Suffolk and Norfolk Counties have The evaluation may be viewed on the widely distributed in many potato- been free of outbreaks of the H5N1 Regulations.gov Web site or in our growing regions of the world. PCN subtype in its domestic poultry for at reading room (see ADDRESSES above for infestations may be expressed as least 3 months as a result of effective a link to Regulations.gov and patches of poor growth. Affected potato control measures taken by a competent plants may exhibit yellowing, wilting, veterinary infrastructure; 1 OIE (2008). Risk Analysis. In, Terrestrial Animal or death of foliage. Even with only • HPAI H5N1 was a reportable Health Code, 17th edition. Paris, World minor symptoms on the foliage, potato disease in the UK and an ongoing Organization for Animal Health: Chapter 2.2 on tuber size can be affected. Unmanaged awareness program was in place; Import Risk Analysis; Chapter 10.4 on Avian infestations can cause potato yield loss • Influenza. To view the document on the Internet, An effective surveillance program go to http://www.oie.int/eng/normes/mcode/ ranging from 20 to 70 percent. The for HPAI that supported the detection A_summry.htm?e1d11. spread of this pest in the United States
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could result in a loss of domestic or the interstate movement of regulated at http://www.aphis.usda.gov/ foreign markets for U.S. potatoes and articles. plant_health/plant_pest_info/potato/ other commodities. Paragraph (d) provides for the pcn.shtml. The PCN quarantine regulations removal of fields from quarantine. An Authority: 7 U.S.C. 7701–7772 and 7781– (§§ 301.86 through 301.86–9, referred to infested field will be removed from 7786; 7 CFR 2.22, 2.80, and 371.3. below as the regulations) set out quarantine when a 3-year biosurvey protocol approved by the Animal and Done in Washington, DC, this 1st day of procedures for determining the areas May 2009. quarantined for PCN and impose Plant Health Inspection Service has Kevin Shea, restrictions on the interstate movement been completed and the field has been of regulated articles from quarantined found to be free of PCN. An associated Acting Administrator, Animal and Plant Health Inspection Service. areas. field will be removed from quarantine Section 301.86–3 of the regulations when the field has been found to be free [FR Doc. E9–10628 Filed 5–6–09; 8:45 am] sets out the procedures for determining of PCN according to a survey protocol BILLING CODE 3410–34–P the areas quarantined for PCN. approved by the Administrator as sufficient to support removal from Paragraph (a) of § 301.86–3 states that, DEPARTMENT OF AGRICULTURE in accordance with the criteria listed in quarantine. Any area other than infested or associated fields which has been § 301.86–3(c), the Administrator will Animal and Plant Health Inspection quarantined by the Administrator designate as a quarantined area each Service field that has been found to be infested because of its inseparability for with PCN, each field that has been quarantine enforcement purposes from [Docket No. APHIS–2006–0166] found to be associated with an infested infested or associated fields will be Use of Genetically Engineered Fruit Fly field, and any area that the removed from quarantine when the and Pink Bollworm in APHIS Plant Pest Administrator considers necessary to relevant infested or associated fields are Control Programs; Record of Decision quarantine because of its inseparability removed from quarantine. Paragraph (a) of § 301.86–3 further for quarantine enforcement purposes AGENCY: Animal and Plant Health provides that the Administrator will from infested or associated fields. Inspection Service, USDA. publish the description of the Paragraph (c) provides that the quarantined area on the Plant Protection ACTION: Notice. Administrator will designate a field as and Quarantine (PPQ) Web site, http:// an infested field when PCN is found in SUMMARY: This notice advises the public www.aphis.usda.gov/plant_health/ the field. Paragraph (c) also provides of the Animal and Plant Health plant_pest_info/potato/pcn.shtml. The that the Administrator will designate a Inspection Service’s record of decision description of the quarantined area will field as an associated field when PCN for the Use of Genetically Engineered include the date the description was last Fruit Fly and Pink Bollworm in APHIS host crops, as listed in § 301.86–2(b), updated and a description of the have been grown in the field in the last Plant Pest Control Programs Final changes that have been made to the Environmental Impact Statement. 10 years and the field shares a border quarantined area. The description of the ADDRESSES: Copies of the record of with an infested field; the field came quarantined area may also be obtained decision and the final environmental into contact with a regulated article by request from any local office of PPQ; impact statement on which the record of listed in § 301.86–2 from an infested local offices are listed in telephone decision is based are available for public field within the last 10 years; or, within directories. Finally, paragraph (a) the last 10 years, the field shared establishes that, after a change is made inspection at USDA, room 1141, South ownership, tenancy, seed, drainage or to the quarantined area, we will publish Building, 14th Street and Independence runoff, farm machinery, or other a notice in the Federal Register Avenue, SW., Washington, DC, between elements of shared cultural practices informing the public that the change has 8 a.m. and 4:30 p.m., Monday through with an infested field that could allow occurred and describing the change to Friday, except holidays. To be sure spread of the PCN, as determined by the the quarantined area. someone is there to help you, please call Administrator. We are publishing this notice to (202) 690–2817 before coming. Paragraph (b) describes the conditions inform the public of changes to the PCN The record of decision may also be for the designation of an area less than quarantined area in accordance with viewed on the APHIS Web site at an entire State as a quarantined area. http://www.aphis.usda.gov/ § 301.86–3(a). On February 10, 2009, we _ Less than an entire State will be updated the quarantined area to remove plant health/ea/geneng.shtml. designated as a quarantined area only if approximately 2,721 acres. This acreage Supporting and related materials, the Administrator determines that: was composed of associated fields that including the final environmental 1. The State has adopted and is were found to be free of PCN according impact statement, may also be viewed enforcing restrictions on the intrastate to a survey protocol approved by the on the Internet at http:// movement of the regulated articles that Administrator, under § 301.86–3. The www.regulations.gov/fdmspublic/ are equivalent to those imposed by the fields removed from quarantine were in component/ regulations on the interstate movement Bingham, Bonneville, and Jefferson main?main=DocketDetail&d=APHIS- of regulated articles; and Counties. 2006-0166. 2. The designation of less than the We also added approximately 4,976 FOR FURTHER INFORMATION CONTACT: Mr. entire State as a quarantined area will acres to the PCN quarantined area. This David A. Bergsten, APHIS Interagency prevent the interstate spread of PCN. acreage was composed of fields that we NEPA Contact, Environmental Services, We have determined that it is not determined to be associated with a field PPD, APHIS, 4700 River Road, Unit 149, necessary to designate the entire State of that was quarantined as an infested field Riverdale, MD 20737–1238; (301) 734– Idaho as a quarantined area. Idaho has on December 11, 2008. The fields added 6103. adopted and is enforcing restrictions on to the quarantined area were in SUPPLEMENTARY INFORMATION: This the intrastate movement of regulated Bingham and Bonneville Counties. notice advises the public that the articles from that area that are The current map of the quarantined Animal and Plant Health Inspection equivalent to those we are imposing on area can be viewed on the PPQ Web site Service (APHIS) has prepared a record
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of decision based on its final decision-making requirements of NEPA. The strain-specific, and associated release issues environmental impact statement (FEIS) purpose of this ROD is to document APHIS’ that will need to be addressed as part of the for the Use of Genetically Engineered decision to adopt the preferred alternative of NEPA documentation for future advances in Fruit Fly and Pink Bollworm in APHIS the Final Environmental Impact Statement the application-specific technologies. (FEIS), that is, the alternative to permit Alternatives Considered in the Impact Plant Pest Control Programs, October integration of genetically engineered insects Statement Process 2008. into its plant pest control and eradication The FEIS was prepared in compliance programs. The alternatives have been fully The FEIS considers the alternatives of (1) with the National Environmental Policy described and evaluated in the FEIS. No action, essentially maintaining sterile Act of 1969 (NEPA), as amended (42 This ROD is intended to: (a) State the insect technique through irradiation of mass- U.S.C. 4321 et seq.), and its APHIS decision, present the rationale for its reared insects in plant pest control programs implementing regulations. selection, and describe its implementation; as is currently practiced, (2) expansion of (b) identify the alternatives considered in existing programs in overall size, capacity, On December 19, 2006, APHIS and diversity of plant pest species, and (3) published in the Federal Register (71 reaching the decision; and (c) state whether all means to avoid or minimize integration of genetically engineered insects FR 75933–75934, Docket No. APHIS– environmental harm from implementation of into APHIS’ plant pest control programs. 2006–0166) a notice of its intent to the selected alternative have been adopted Environmentally Preferable Alternative prepare the environmental impact (40 CFR 1505.2). statement (EIS) for the purpose of The environmentally preferable alternative analyzing the use of and alternatives to National Environmental Policy Act for the use of sterile insect technique in plant pest control programs is the alternative that genetic engineering technology applied On November 14, 2008, the U.S. Environmental Protection Agency (EPA) minimizes potential impacts to human to sterile insect releases in agency pest health, nontarget species, and environmental control programs. On May 30, 2008, the published in the Federal Register [73 FR 67511] a notice of availability of the final quality. Among the alternatives considered in Environmental Protection Agency (EPA) environmental impact statement titled ‘‘Use this EIS, the preferred alternative, which involves integration of genetically engineered published in the Federal Register (73 of Genetically Engineered Fruit Fly and Pink insects into programs, is also the FR 31115) a notice of the availability of Bollworm in APHIS Plant Pest Control environmentally preferable alternative. This the draft EIS. The official comment Programs.’’ The FEIS considered the alternative is environmentally preferable period on the draft EIS ended on July environmental impacts from integration of because the potential environmental impacts genetically engineered insects into sterile 14, 2008. APHIS accepted late of this alternative are minimized by program insect technique components of APHIS plant comments on that document until use of genetically engineered strains of sterile pest control programs that could result from August 6, 2008. and marker-gene insects maintained in our adoption of the proposed new In October 2008, APHIS published biologically secure containment facilities, by technologies. the reduced use of irradiation with its and distributed the FEIS, which Pursuant to the implementing regulations included discussion of the seven public associated hazards, by the reduced need for for NEPA in cases requiring an EIS, APHIS large numbers of insects due to the release of comments received on the draft EIS. On must prepare a record of decision to express November 14, 2008, EPA published in males that are more competitive in mating, the agency determination from review of the and by the reduced need to apply pesticides the Federal Register (73 FR 67511) a EIS documentation. The NEPA implementing from a more effective genetic sterile insect notice of the availability of the FEIS. regulations require that a record of decision technique and improved monitoring of pest The NEPA implementing regulations in state what decision is being made; identify populations through the use of genetic 40 CFR 1506.10 require a 30-day waiting alternatives considered in the environmental markers. period between the time a final EIS is impact statement process; specify the environmentally preferred alternative; Preferences Among Alternatives published and the time an agency makes discuss preferences based on relevant factors, a decision on an action covered by the The preference among the alternatives for including economic and technical the final EIS is to integrate genetically EIS. APHIS did not receive any considerations, as well as national policy engineered insects into the sterile insect comments on the FEIS by the time this considerations, where applicable; and state technique of APHIS’ plant pest control waiting period ended on December 15, how all of the factors discussed entered into programs. In review of the alternatives 2008. the decision. In addition, the record of considered, APHIS could use the present APHIS has reviewed the FEIS and has decision must indicate whether the ultimate methods without further development (no concluded that it has fully analyzed the decision has been designed to avoid or action), APHIS could expand on the present issues covered by the draft EIS and minimize environmental harm and, if not, methods without genetic engineering why not. those comments and suggestions technology, or APHIS could integrate genetic The Decision technology into the sterile insect technique submitted by commenters. APHIS has components of the plant pest programs. Each now prepared a record of decision on This decision described in the ROD alternative involves potential impacts, but the FEIS and is making that record addresses impacts from the preferred the context and intensity of those impacts available to the public. alternative of the FEIS whose availability was relate largely to the methods and their The Record of Decision for the Use of published in the Federal Register on respective relative effectiveness of sterile Genetically Engineered Fruit Fly and November 14, 2008 (73 FR 67511, Docket No. insect production. The potential Pink Bollworm in APHIS Plant Pest ER–FRL–8587–5). After a thorough environmental impacts from methods under evaluation of the potential impacts of the Control Programs Final Environmental alternatives other than the preferred alternatives considered in the FEIS, APHIS alternative are reduced under the preferred Impact Statement, as prepared pursuant has decided to integrate the use of genetically alternative to the extent that genetically to the Council on Environmental engineered insects into the sterile insect engineered insects are incorporated. For Quality’s NEPA implementing technique used in agency plant pest control example, the use of genetically engineered regulations at 40 CFR 1505.2, is set out programs. This includes the adherence to insects has the potential to decrease the need below in its entirety. specific agency requirements for mass-rearing for insecticide applications, to decrease the and release of these new strains of plant need to produce both male and female Record of Decision for the Use of Genetically pests. It also involves adherence to certain insects for use in sterile insect releases, to Engineered Fruit Fly and Pink Bollworm in procedures for program-specific evaluations increase production of males that are more APHIS Plant Pest Control Programs Final of these strains prior to release in any pest competitive in mating than radiation- Environmental Impact Statement control or pest eradication applications. As sterilized males, and to eliminate the need to This Record of Decision (ROD) has been with any new sterile insect technique, there use, operate, and maintain strong gamma developed in compliance with the agency are some containment, handling, species/ radiation sources.
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The no action alternative (alternative 1 programs are long-term in consideration of over a half century ago. Much of this work above) was rejected because continuation of the continuing introductions that occur from has involved developing improved strains, this approach does not contribute to abroad. There are also long-term benefits to developing more effective methods for increased mitigation of present or future cotton growers from successful eradication of handling and transport of insects, and plant pest risks. It does provide a baseline for pink bollworm that may result from this new developing more effective techniques of the present state of sterile insect technique in technology being incorporated into APHIS insect sterilization. APHIS has attempted to plant pest control programs, but it does not program actions. adapt new technologies to our pest control provide APHIS program managers the Please see the FEIS for a full discussion of programs as these methods become available flexibility to apply new methods or new the reasons why APHIS is proposing to adopt and logistically feasible for program technologies for the control of fruit flies or the preferred alternative. applications. The use of genetically pink bollworm. In particular, this alternative engineered insects to improve agency sterile Factors in the Decision lacks clear options to expand the use of release programs involves genetic irradiation, to expand the use of fluorescent APHIS’ authority for action and engineering technologies that are new to the dye, to expand development and use of cooperation with other agencies in these agency, but many of the sterile release classical selective genetic gender selection plant pest control programs is based upon the methods have involved extensive testing over processes, and to increase the overall fitness Plant Protection Act (PPA, 7 U.S.C. 7701 et many years. The work on improved markers, of released radiation-sterilized insects. Any seq.), which authorizes the Secretary of more effective pest strains (including improvement of the insect mass-rearing Agriculture to carry out operations to genetically engineered strains), improved production as a result of genetic engineering eradicate insect pests and to use measures to handling, and more efficient rearing is would not occur under this alternative. prevent the dissemination of plant pests that expected to continue to be an important part The alternative of expansion of existing are new or not known to be widely prevalent of APHIS’ future innovations to agency pest programs (alternative 2 above) involves an or distributed within or throughout the control programs. increase in the present plant pest control United States. There is an impending need In a notice summarizing EPA comments on actions and inputs to improve the for the development of more efficient, lower recent environmental impact statements and effectiveness of sterile insect technique cost, and more effective control and proposed regulations that was published in currently used in APHIS plant pest control eradication methods for the pink bollworm the Federal Register on August 15, 2008 (73 programs. This alternative could include and invasive fruit fly species because of the FR 47947–47948), EPA expressed their lack expansion of the pest insect mass-rearing continuing and increasing frequency of of objection to the draft EIS and APHIS’ operations, the irradiation treatment detection of fruit flies and other invasive and adoption of the preferred alternative to capacity, the development of classical genetic crop destructive insects. In order to achieve permit integration of genetically engineered selection methods for separation of insect these objectives, the use of genetically insects into the sterile insect release sexes for more fruit fly species, the use of engineered insects provides biological traits components of plant pest control programs. sterile insect technique for more plant pest that are of value for use in sterile insect species, the sterile insect dispersal capacity, technique control methodologies. These The record of decision has been the monitoring and surveillance capacity, novel biological traits are not available to prepared in accordance with: (1) NEPA, and the pest mitigation capacity including present programs and could not be readily (2) regulations of the Council on the increased use of chemical pesticides. developed or adopted for program use by Environmental Quality for Although this approach could meet the APHIS using other methods. implementing the procedural provisions increasing demand for sterile insects, the This record of decision authorizes the of NEPA (40 CFR parts 1500–1508), (3) development and use of genetically selection of this alternative would incur USDA regulations implementing NEPA higher program costs, greater mass-rearing engineered insects in sterile insect technique applications for APHIS plant pest control (7 CFR part 1b), and (4) APHIS’ NEPA facility construction, longer timeframes for Implementing Procedures (7 CFR part development, and more extensive pest programs in order to achieve the mandates of mitigation efforts than would be afforded by the PPA. In addition, this selection of the 372). environmentally preferable alternative for the integration of genetically engineered Done in Washington, DC, this 1st day of these control programs is in keeping with the insects into APHIS sterile insect technique May 2009. ongoing effort at the agency to promote programs. environmental quality through ongoing Kevin Shea, The preferred alternative (alternative 3 efforts to identify and add to our regulations Acting Administrator, Animal and Plant above), integration of genetically engineered valid technical and economically feasible Health Inspection Service. insects into programs, provides program alternatives to fulfill regulatory mandates. managers with several methods for pest risk [FR Doc. E9–10633 Filed 5–6–09; 8:45 am] reduction in an environmentally safe and Avoid or Minimize Environmental Harm BILLING CODE 3410–34–P efficient manner. Although the present plant The environment can be harmed by the pest control program benefits apply to fruit presence of invasive plant pest insect species flies and pink bollworm, long-term program and the mitigations applied to decrease the DEPARTMENT OF AGRICULTURE activities are likely to be extended to other pest damage to crops. Actions such as those plant pest species and new technologies. considered in the preferred alternative Natural Resources Conservation APHIS plant pest programs could augment reduce pest risks through applications of Service their use of sterile insect technique by mass- sterile insect technique in control programs rearing only male fruit flies that have a and preventive release programs. The extent Notice of Proposed Change to Section marker gene and are subject to sterilization to which such actions reduce the pest IV of the Virginia State Technical Guide by radiation, mass-rearing genetically damage, reduce the need for use of chemical sterilized male fruit flies that have a marker pesticides, and reduce the need to expand AGENCY: Natural Resources gene and that compete more effectively for facilities and insect production are the basis Conservation Service (NRCS), U.S. mates than radiation-sterilized male insects, for minimizing environmental impacts. Department of Agriculture. mass-rearing fruit flies that produce only Adequate enforcement of effective quarantine ACTION: Notice of availability of male offspring which carry a sterility gene measures is required to protect the proposed changes in the Virginia NRCS resulting in only males that pass on this environment from these pest risks. APHIS is State Technical Guide for review and sterility gene and no female offspring, mass- committed to monitoring these efforts rearing both male and female pink bollworm through the NEPA process, and otherwise. comment. that have a marker gene and are subject to SUMMARY: sterilization by radiation, and mass-rearing of Other It has been determined by the both male and female pink bollworm that are A considerable amount of research and NRCS State Conservationist for Virginia genetically sterile and more competitive in development of alternatives to ongoing that changes must be made in the NRCS mating with wild bollworms than radiation- program actions has been done since the State Technical Guide specifically in sterilized bollworms. The benefits to fruit fly early applications of sterile insect technique practice standards: #338, Prescribed
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Burning; #391, Riparian Forest Buffer; V. Program Planning. results are adopted in our final results #490, Tree/Shrub Site Preparation; and • Update on Status of 2009 Statutory of this review, the Department will #666, Forest Stand Improvement. These Report instruct U.S. Customs and Border practices will be used to plan and install • Update on Briefing Report Backlog Protection (‘‘CBP’’) to assess conservation practices. • Approval of Briefing Report on antidumping duties on all appropriate DATES: Comments will be received for a Covert Wiretapping in the War on entries of subject merchandise during 30-day period commencing with this Terror the period of review. date of publication. VI. Management & Operations. Interested parties are invited to • Motion Regarding Evaluation of comment on these preliminary results. FOR FURTHER INFORMATION CONTACT: John Staff Director Performance A. Bricker, State Conservationist, The Department intends to issue the (Melendez) final results no later than 180 days from Natural Resources Conservation Service • Motion Regarding Staff Director’s the date of publication of this notice, (NRCS), 1606 Santa Rosa Road, Suite Provision of Quarterly Financial 209, Richmond, Virginia 23229–5014; pursuant to section 751(a)(3)(A) of the Reports to Commission (Melendez) Tariff Act of 1930, as amended (‘‘the Telephone number (804) 287–1691; Fax • Motion Regarding Commission number (804) 287–1737. Copies of the Act’’). See ‘‘Extension of the Time Preparation of a Public Service Limits for the Final Results’’ below. practice standards will be made Announcement (Melendez) DATES: Effective Date: May 7, 2009. available upon written request to the • Motion Regarding Review and address shown above or on the Virginia Standardization of Agency FOR FURTHER INFORMATION CONTACT: Julia NRCS Web site: http:// Regulations, Administrative Hancock, Irene Gorelik, or Bob Palmer, www.va.nrcs.usda.gov/technical/ Instructions and Other Practices AD/CVD Operations, Office 9, Import draftstandards.html. (Melendez) Administration, International Trade Administration, Department of SUPPLEMENTARY INFORMATION: Section VII. State Advisory Committee Issues. Commerce, 14th Street and Constitution 343 of the Federal Agriculture • Connecticut SAC Avenue, NW., Washington, DC 20230; Improvement and Reform Act of 1996 VIII. Adjourn. telephone: (202) 482–1394, (202) 482– states that revisions made after CONTACT PERSON FOR FURTHER 6905 or (202) 482–9068, respectively. enactment of the law to NRCS State INFORMATION: Lenore Ostrowsky, Acting technical guides used to carry out Chief, Public Affairs Unit (202) 376– SUPPLEMENTARY INFORMATION: highly erodible land and wetland 8582. TDD: (202) 376–8116. Background provisions of the law shall be made Persons with a disability requiring available for public review and special services, such as an interpreter On April 27, 2007, the Department comment. For the next 30 days, the for the hearing impaired, should contact published in the Federal Register an NRCS in Virginia will receive comments Pamela Dunston at least seven days antidumping duty order on certain relative to the proposed changes. prior to the meeting at 202–376–8105. activated carbon from the PRC. See Following that period, a determination TDD: (202) 376–8116. Notice of Antidumping Duty Order: Certain Activated Carbon from the will be made by the NRCS in Virginia Dated: May 5, 2009. regarding disposition of those comments People’s Republic of China, 72 FR 20988 David P. Blackwood, (April 27, 2007) (‘‘Order’’). On April 1, and a final determination of change will General Counsel. be made to the subject standards. 2008, the Department published in the [FR Doc. E9–10819 Filed 5–5–09; 4:15 pm] Federal Register a notice of opportunity Dated: April 23, 2009. BILLING CODE 6335–01–P to request an administrative review of John A. Bricker, the antidumping duty order of certain State Conservationist, Natural Resources activated carbon from the PRC for the Conservation Service, Richmond, Virginia. DEPARTMENT OF COMMERCE period October 11, 2006, through March [FR Doc. E9–10605 Filed 5–6–09; 8:45 am] 31, 2008.1 See Antidumping or BILLING CODE 3410–16–P International Trade Administration Countervailing Duty Order, Finding, or [A–570–904] Suspended Investigation; Opportunity to Request Administrative Review, 73 COMMISSION ON CIVIL RIGHTS Certain Activated Carbon From the FR 17317 (April 1, 2008). The People’s Republic of China: Notice of Department received timely requests by Sunshine Act Notice Preliminary Results of the Petitioners 2 to conduct a review of 90 Antidumping Duty Administrative companies. On June 4, 2008, the AGENCY: United States Commission on Review and Extension of Time Limits Department initiated this review with Civil Rights. for the Final Results respect to all requested companies. See ACTION: Notice of meeting. AGENCY: Import Administration, 1 The Department does not include merchandise DATE AND TIME: Friday, May 15, 2009; International Trade Administration, that entered the United States during the 9:30 a.m. EDT. Department of Commerce. provisional measures gap period (‘‘gap period’’), i.e., April 9, 2007, and April 19, 2007, in our PLACE: 624 9th St., NW., Room 540, SUMMARY: The Department of Commerce calculation because these entries are not subject to Washington, DC 20425. (‘‘Department’’) is conducting the first antidumping duties. See Notice of Preliminary administrative review of the Results of Antidumping Duty Administrative Meeting Agenda antidumping duty order on certain Review: Low Enriched Uranium from France, 69 FR 3883 (January 27, 2004). However, for the purposes This meeting is open to the public. activated carbon from the People’s of these preliminary results, we are basing the I. Approval of Agenda. Republic of China (‘‘PRC’’) for the margin calculation on all reported U.S. sales made II. Approval of Minutes of April 17, period October 11, 2006, through March during the POR because we are unable to determine 2009 Meeting. 31, 2008. The Department has whether any reported U.S. sales entered during the gap period. We will request additional information III. Announcements. preliminarily determined that sales have from the respondents with respect to this issue. IV. Staff Director’s Report. been made below normal value (‘‘NV’’) 2 Norit Americas Inc. and Calgon Carbon • Deputy Staff Director Position by the respondents. If these preliminary Corporation.
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Initiation of Antidumping and practicable to examine all exporters or the Department’s questionnaires in this Countervailing Duty Administrative producers involved in the review. administrative review, and the Reviews and Requests for Revocation in On June 9, 2008, the Department Department previously determined that Part, 73 FR 31813 (June 4, 2008) released CBP data for entries of the it had the resources to examine three (‘‘Initiation Notice’’). subject merchandise during the period respondents,8 it would individually On June 26, 2008, Petitioners of review (‘‘POR’’) under administrative review GHC pursuant to section 782(a) 9 withdrew the request for review with protective order (‘‘APO’’) to all of the Act. respect to 57 of the 90 originally interested parties having an APO as of Petitioners submitted deficiency requested companies. On July 22, 2008, five days of publication of the Initiation comments regarding all three the Department published a notice of Notice, inviting comments regarding the respondents’ questionnaire responses rescission in the Federal Register for CBP data and respondent selection. The between October 2008 and April 2009. those 57 companies. See Certain Department received comments and The Department issued supplemental Activated Carbon From the People’s rebuttal comments between June 23, questionnaires to Jacobi, CCT, and GHC Republic of China: Notice of Partial 2008, and July 3, 2008. Based upon the between October 2008 and March 2009. Rescission of Antidumping Duty comments received from the Petitioners Period of Review Administrative Review, 73 FR 42550 and several respondents, on July 8, 2008, the Department provided a second The POR is October 11, 2006, through (July 22, 2008). On September 16, 2008, March 31, 2008. Petitioners withdrew the request for round of CBP data under APO to all review with respect to an additional 19 interested parties having an APO, and Surrogate Country and Surrogate Value companies. On October 1, 2008, the invited comments regarding the second Data Department published a second notice round of CBP data. The Department On August 27, 2008, the Department of rescission in the Federal Register for received parties’ second round of sent interested parties a letter inviting those 19 companies. See Certain comments between July 14, 2008 and comments on surrogate country Activated Carbon from the People’s July 23, 2008. selection and information regarding Republic of China: Notice of Partial On August 5, 2008, the Department valuing factors of production.10 On Rescission of Antidumping Duty issued its respondent selection February 13, 2009, the Department Administrative Review, 73 FR 57058 memorandum after assessing its received information to value factors of (October 1, 2008). Following the two resources and determining that it could production (‘‘FOP’’) from GHC, CCT, partial rescissions, 14 companies reasonably examine three exporters Jacobi, and Petitioners. On February 23, remained to be reviewed.3 subject to this review. Pursuant to 2009, GHC and Petitioners filed rebuttal section 777A(c)(2)(B) of the Act, the On November 26, 2008, the comments. On February 24, 2009, GHC Department selected Jacobi Carbons AB provided additional surrogate value Department published a notice 5 (‘‘Jacobi’’), Calgon Carbon (Tianjin) Co. information. On March 2, 2009, extending the time period for issuing Ltd. (‘‘CCT’’), and Jilin Bright Future the preliminary results by 120 days to Petitioners filed additional rebuttal Chemicals Company, Ltd. (‘‘Jilin’’) as comments. All the surrogate values April 30, 2009. See Certain Activated mandatory respondents.6 The Carbon from the People’s Republic of placed on the record were obtained from Department sent its antidumping sources in India. No parties provided China: Extension of Time Limits for questionnaire to CCT, Jacobi, and Jilin Preliminary Results of the Antidumping comments with respect to selection of a on August 5, 2008. On August 7, 2008, surrogate country. Duty Administrative Review, 73 FR a separate rate respondent, Ningxia 72026 (November 26, 2008). Guanghua Cherishmet Activated Carbon Scope of the Order Respondent Selection Co., Ltd. (‘‘GHC’’), requested treatment The merchandise subject to this order as a voluntary respondent. is certain activated carbon. Certain Section 777A(c)(1) of the Act directs On September 15, 2008, Jilin filed a activated carbon is a powdered, the Department to calculate individual letter stating that it will not participate granular, or pelletized carbon product dumping margins for each known as a mandatory respondent in this obtained by ‘‘activating’’ with heat and exporter or producer of the subject administrative review.7 Upon receiving steam various materials containing 4 merchandise. However, section comments from Petitioners regarding carbon, including but not limited to coal 777A(c)(2) of the Act gives the Jilin’s withdrawal from the proceeding (including bituminous, lignite, and Department discretion to limit its and comments from GHC regarding its anthracite), wood, coconut shells, olive examination to a reasonable number of status as a voluntary respondent, the stones, and peat. The thermal and steam exporters or producers if it is not Department issued a memorandum treatments remove organic materials and selecting GHC as a voluntary create an internal pore structure in the 3 These companies are: Datong Municipal respondent. The Department stated that carbon material. The producer can also Yunguang Activated Carbon Co., Ltd.; Hebei because Jilin decided not to respond to use carbon dioxide gas (CO ) in place of Foreign Trade Advertisement Company (and its 2 successor company, Hebei Shenglun Import and Export Group Company); Ningxia Huahui Activated 5 Consisting of Jacobi Carbons AB and its 8 See Respondent Selection Memo. Carbon Co., Ltd.; Ningxia Lingzhou Foreign Trade affiliates, Tianjin Jacobi International Trading Co., 9 See Memorandum to James Doyle, Director, AD/ Co., Ltd.; Ningxia Mineral & Chemical Limited.; Ltd. and Jacobi Carbons, Inc. CVD Operations, Office 9, through Catherine Tangshan Solid Carbon Co., Ltd.; Tianjin Maijin 6 See Memorandum to James Doyle, Director, AD/ Bertrand, Program Manager, Office 9, from Julia Industries Co., Ltd.; Jilin Bright Future Chemicals CVD Operations, Office 9, from Paul Walker, Hancock and Robert Palmer, International Trade Company, Ltd.; Jilin Province Bright Future International Trade Compliance Analyst, AD/CVD Compliance Analysts, AD/CVD Operations, Office Industry and Commerce Co., Ltd.; Calgon Carbon Operations, Office 9; First Antidumping Duty 9; Antidumping Duty Administrative Review of (Tianjin) Co., Ltd.; Jacobi Carbons AB and its Administrative Review of Certain Activated Carbon Certain Activated Carbon from the People’s affiliates, Tianjin Jacobi International Trading Co., from the PRC: Selection of Respondents for Republic of China: Selection of Voluntary Ltd. and Jacobi Carbons, Inc.; Tianjin Jacobi Individual Review, dated August 5, 2008 Respondent, dated October 14, 2008. International Trading Co., Ltd.; Ningxia Guanghua (‘‘Respondent Selection Memo’’). 10 See the Department’s Letter to All Interested Cherishment Activated Carbon Co., Ltd.; and 7 See Letter from Jilin Regarding Activated Carbon Parties; First Administrative Review of Certain Beijing Pacific Activated Carbon Products Co., Ltd. from the People’s Republic of China and Activated Carbon from the People’s Republic of 4 See also 19 CFR 351.204(c) regarding Termination of Jilin’s Participation as a Mandatory China: Deadlines for Surrogate Country and respondent selection, in general. Respondent, dated September 15, 2008. Surrogate Value Comments, dated August 27, 2008.
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steam in this process. The vast majority Any activated carbon meeting the development pursuant to section of the internal porosity developed physical description of subject 773(c)(4) of the Act, is a significant during the high temperature steam (or merchandise provided above that is not producer of subject merchandise, and CO2 gas) activated process is a direct expressly excluded from the scope is has publicly available and reliable data. result of oxidation of a portion of the included within this scope. The Accordingly, the Department has solid carbon atoms in the raw material, products subject to the order are selected India as the surrogate country converting them into a gaseous form of currently classifiable under the for purposes of valuing the FOPs carbon. Harmonized Tariff Schedule of the because it meets the Department’s The scope of this order covers all United States (‘‘HTSUS’’) subheading criteria for surrogate country selection. forms of activated carbon that are 3802.10.00. Although the HTSUS Affiliation—GHC activated by steam or CO2, regardless of subheading is provided for convenience the raw material, grade, mixture, and customs purposes, the written Section 771(33) of the Act, provides additives, further washing or post- description of the scope of this order is that ‘‘the following persons shall be activation chemical treatment (chemical dispositive. considered to be ‘affiliated’ or ‘affiliated or water washing, chemical persons’ ’’: impregnation or other treatment), or Non-Market Economy (‘‘NME’’) Country Status (A) Members of a family, including product form. Unless specifically brothers and sisters (whether by the In every case conducted by the excluded, the scope of this order covers whole or half blood), spouse, ancestors, Department involving the PRC, the PRC all physical forms of certain activated and lineal descendants. carbon, including powdered activated has been treated as an NME country. In carbon (‘‘PAC’’), granular activated accordance with section 771(18)(C)(i) of (B) Any officer or director of an carbon (‘‘GAC’’), and pelletized the Act, any determination that a foreign organization and such organization. activated carbon. country is an NME country shall remain (C) Partners. Excluded from the scope of the order in effect until revoked by the (D) Employer and employee. are chemically activated carbons. The administering authority. See Brake (E) Any person directly or indirectly carbon-based raw material used in the Rotors from the People’s Republic of owning, controlling, or holding with chemical activation process is treated China: Final Results and Partial power to vote, 5 percent or more of the with a strong chemical agent, including Rescission of the 2004/2005 outstanding voting stock or shares of but not limited to phosphoric acid, zinc Administrative Review and Notice of any organization and such organization. chloride sulfuric acid or potassium Rescission of 2004/2005 New Shipper (F) Two or more persons directly or hydroxide, that dehydrates molecules in Review, 71 FR 66304 (November 14, indirectly controlling, controlled by, or the raw material, and results in the 2006). None of the parties to this under common control with, any formation of water that is removed from proceeding have contested such person. the raw material by moderate heat treatment. Accordingly, the Department (G) Any person who controls any treatment. The activated carbon created calculated NV in accordance with other person and such other person. by chemical activation has internal section 773(c) of the Act, which applies porosity developed primarily due to the to NME countries. Additionally, section 771(33) of the action of the chemical dehydration Act stipulates that: ‘‘For purposes of this Surrogate Country agent. Chemically activated carbons are paragraph, a person shall be considered typically used to activate raw materials When the Department investigates to control another person if the person with a lignocellulosic component such imports from an NME country and is legally or operationally in a position as cellulose, including wood, sawdust, available information does not permit to exercise restraint or direction over the paper mill waste and peat. the Department to determine NV other person.’’ To the extent that an imported pursuant to section 773(a) of the Act, Based on the evidence on the record activated carbon product is a blend of then, pursuant to section 773(c)(4) of the in this administrative review including steam and chemically activated carbons, Act, the Department bases NV on an information found in GHC’s products containing 50 percent or more NME producer’s FOPs, to the extent questionnaire responses, the steam (or CO2 gas) activated carbons are possible, in one or more market- Department preliminarily finds GHC within this scope, and those containing economy countries that (1) are at a level affiliated with Beijing Pacific Activated more than 50 percent chemically of economic development comparable to Carbon Products Co., Ltd. (‘‘Beijing activated carbons are outside this scope. that of the NME country, and (2) are Pacific’’), an exporter of the subject This exclusion language regarding significant producers of comparable merchandise, Cherishmet Inc. blended material applies only to merchandise. The Department (‘‘Cherishmet’’), a U.S. importer of the mixtures of steam and chemically determined that India, Indonesia, subject merchandise, Ningxia Guanghua activated carbons. Philippines, Colombia, and Thailand are Activated Carbon Company (‘‘GH’’), a Also excluded from the scope are countries comparable to the PRC in domestic reseller of the merchandise reactivated carbons. Reactivated carbons terms of economic development.11 under consideration, and Company A12 are previously used activated carbons Based on publicly available pursuant to sections 771(33) (E), (F) and that have had adsorbed materials information placed on the record (e.g., removed from their pore structure after production data), the Department 12 The identity of this company is business use through the application of heat, determines India to be a reliable source proprietary information; for further discussion of steam and/or chemicals. for surrogate values because India is at this company, see Memorandum to Catherine Bertrand, Program Manager, AD/CVD Operations, Also excluded from the scope is a comparable level of economic Office 9, from Robert Palmer, Case Analyst, AD/ activated carbon cloth. Activated carbon CVD Operations, Office 9, re; Preliminary cloth is a woven textile fabric made of 11 See the Department’s Letter to All Interested Determination in the Antidumping Duty or containing activated carbon fibers. It Parties; First Administrative Review of Certain Administrative Review of Certain Activated Carbon Activated Carbon from the People’s Republic of from the People’s Republic of China: Affiliation is used in masks and filters and clothing China: Deadlines for Surrogate Country and Memorandum of Ningxia Guanghua Cherishmet of various types where a woven format Surrogate Value Comments, dated August 27, 2008, Activated Carbon Co. Ltd., (April 30, 2009) (‘‘GHC is required. at Attachment I (‘‘Surrogate Country List’’). Affiliation Memo’’).
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(G) of the Act, based on ownership and Hontex Enterprises v. United States, 342 section 782(e) of the Act, disregard all common control. F. Supp. 2d 1225, 1230–34 (CIT 2004) or part of the original and subsequent We find that in addition to being (‘‘Hontex II’’). Furthermore, the responses, as appropriate. affiliated, the collapsing criterion of Department may expand the market- Section 782(e) of the Act states that significant potential for manipulation of economy inquiry into the potential for the Department shall not decline to price exists among Beijing Pacific, manipulation to include NME exporters’ consider information deemed Cherishmet, GH, and GHC for the export decisions, rather than whether or ‘‘deficient’’ under section 782(d) if: (1) following reasons. There is a level of not the companies share production The information is submitted by the common ownership between and among facilities. See Hontex II. established deadline; (2) the information these companies: (a) Cherishmet owns Accordingly, the Department finds can be verified; (3) the information is Beijing Pacific and a significant share of Beijing Pacific, Cherishmet, GH and not so incomplete that it cannot serve as GHC and (b) GH owns a significant GHC as a single entity for purposes of a reliable basis for reaching the share of GHC. Moreover, a significant this administrative review. See 19 CFR applicable determination; (4) the level of common control exists among 351.401(f). With respect to Company A, interested party has demonstrated that it these companies: (a) The owner of based on evidence on the record and acted to the best of its ability in Cherishmet is a member of Beijing evidence presented in GHC’s providing the information and meeting Pacific and GHC’s board of directors; (b) questionnaire responses, the the requirements established by the Cherishmet appointed the general Department preliminarily determines Department; and (5) the information can manager and board member of Beijing that Company A is not a single entity be used without undue difficulties. Pacific to GHC’s board of directors; (c) with GHC. See 19 CFR 351.401(f). For a However, section 776(b) of the Act GH and GHC share board of directors, detailed discussion of this issue, see states that if the Department ‘‘finds that management, and employees. Further, GHC Affiliation Memo. an interested party has failed to we find that the operations of Beijing cooperate by not acting to the best of its Facts Available Pacific, Cherishmet, GH, and GHC are ability to comply with a request for sufficiently intertwined. Specifically, Sections 776(a)(1) and 776(a)(2) of the information from the administering Beijing Pacific and GHC share sales Act provide that, if necessary authority or the Commission, the information with Cherishmet. Finally, information is not available on the administering authority or the certain information contained within record, or if an interested party: (A) Commission * * *, in reaching the GHC’s supplemental questionnaire Withholds information that has been applicable determination under this responses indicates that Cherishmet sets requested by the Department; (B) fails to title, may use an inference that is the U.S. sales prices for Beijing Pacific provide such information in a timely adverse to the interests of that party in and GHC. See 19 CFR 351.401(f)(1) and manner or in the form or manner selecting from among the facts (2).13 requested subject to sections 782(c)(1) otherwise available.’’ See also Furthermore, we note that the factors and (e) of the Act; (C) significantly Statement of Administrative Action listed in 19 CFR 351.401(f)(2) are not impedes a proceeding under the accompanying the Uruguay Round exhaustive, and in the context of an antidumping statute; or (D) provides Agreements Act, H.R. Rep. No. 103–316, NME investigation or administrative such information but the information Vol. 1, at 870 (1994) (SAA), reprinted in review, other factors unique to the cannot be verified, the Department 1994 U.S.C.C.A.N. 4040, 4198–99. relationship of business entities within shall, subject to subsection 782(d) of the Adverse inferences are appropriate ‘‘to the NME may lead the Department to Act, use facts otherwise available in ensure that the party does not obtain a determine that collapsing is either reaching the applicable determination. more favorable result by failing to warranted or unwarranted, depending Section 782(c)(1) of the Act provides cooperate than if it had cooperated on the facts of the case. See Hontex that if an interested party ‘‘promptly fully.’’ Id. An adverse inference may Enterprises, Inc. v. United States, Slip after receiving a request from {the include reliance on information derived Op. 03–17, 36 (February 13, 2003) Department} for information, notifies from the petition, the final (noting that the application of {the Department} that such party is determination in the investigation, any collapsing in the NME context may unable to submit the information previous review, or any other differ from the standard factors listed in requested in the requested form and information placed on the record. See the regulation). Additionally, the manner, together with a full explanation section 776(b) of the Act. Department may consider export and suggested alternative forms in CCT decisions in its collapsing analysis. See which such party is able to submit the information,’’ the Department may On August 19, 2008, CCT requested to 13 19 CFR 351.401(f)(1) states that the Department modify the requirements to avoid be excused from reporting FOP data for will treat ‘‘two or more affiliated producers as a imposing an unreasonable burden on certain Chinese producers. On single entity where those producers have September 30, 2008, the Department production facilities for similar or identical that party. products that would not require substantial Section 782(d) of the Act provides requested additional information from retooling of either facility in order to restructure that, if the Department determines that CCT regarding its exclusion requests. manufacturing priorities and the Secretary a response to a request for information On October 10, 2008, CCT responded concludes that there is a significant potential for the does not comply with the request, the and provided detailed information manipulation of price or production.’’ Further, 19 CFR 351.401(f)(2) states that ‘‘in identifying a Department will inform the person regarding its producers and production significant potential for the manipulation of price submitting the response of the nature of quantities. On October 17, 2008, the or production, the factors the Secretary may the deficiency and shall, to the extent Department notified CCT that due to the consider include: (i) The level of common ownership; (ii) The extent to which managerial practicable, provide that person the large numbers of producers that employees or board members of one firm sit on the opportunity to remedy or explain the supplied CCT during the POR, its board of directors of an affiliated firm; and (iii) deficiency. If that person submits request to be excused from reporting Whether operations are intertwined, such as further information that continues to be certain FOP data would be granted. See through the sharing of sales information, involvement in production and pricing decisions, unsatisfactory, or this information is not the Department’s Letter to CCT dated the sharing of facilities or employees, or significant submitted within the applicable time October 17, 2008. Specifically, the transactions between the affiliated producers.’’ limits, the Department may, subject to Department did not require CCT to
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report FOP data for the following Jacobi dated October 20, 2008. FOP data for a Chinese producer.15 On producers: (1) Datong Nanjiao Huiyuan Specifically, the Department did not October 17, 2008, the Department A/C Co. Ltd.; (2) Datong Fuping require Jacobi to report FOP data for its notified GHC that because the FOP data Activated Carbon Co., Ltd.; (3) Hongke five smallest producers.14 Additionally, for this Chinese producer are of limited Activated Carbon Co., Ltd.; (4) Ningxia the Department notified Jacobi that it quantity and GHC states it produces Luyuangheng Activated Carbon Co., was not required to report FOP data for comparable products, the Department Ltd.; (5) Datong Hongtai Activated products that were produced by the four was excusing GHC from providing the Carbon Co., Ltd.; and (6) Shanxi largest producers prior to the POR, as Chinese producer’s FOP data. See the Xuanzhong Chemical Industry Co., Ltd. indicated in Jacobi’s October 11, 2008, Department’s Letter to GHC dated Id. request. Thus, the Department October 17, 2008. Thus, the Department The Department also notified CCT determined that upon Jacobi’s determined that upon GHC’s acceptance that it would not be required to report acceptance of the exclusion terms, the of the exclusion terms, the Department FOP data for products that were Department would determine the would determine the appropriate facts produced prior to the POR, as indicated appropriate facts available to apply, in available to apply, in lieu of the actual in CCT’s October 11, 2008, response. lieu of the actual FOP data for products FOP data for products produced by the Furthermore, the Department notified produced prior to the POR for the four excluded producer. CCT that it was not required to report largest producers, to the corresponding Thus, in accordance with sections FOP data for products that were U.S. sales of subject merchandise. 776(a)(1) of the Act, the Department is purchased by and not produced by Lastly, as indicated in Jacobi’s October applying facts available to determine the CCT’s producers, as indicated in CCT’s 10, 2008, response, Jacobi’s four largest normal value for the sales October 11, 2008, response. producers purchased certain quantities corresponding to the FOP data that GHC Additionally, the Department notified of activated carbon from unaffiliated was excused from reporting. Due to the CCT that, upon CCT’s acceptance of the suppliers, but did not sell any of the proprietary nature of the factual terms of the FOP data exclusions, the purchased activated carbon to Jacobi. information concerning these producers, Department shall determine the Thus, the Department notified Jacobi these issues are addressed in a separate appropriate facts available to apply, in business proprietary memorandum lieu of the actual FOP data, to the that if this were indeed the case, it would be unnecessary for Jacobi to where a detailed explanation of the facts corresponding U.S. sales of subject available calculation is provided. See merchandise. Id. report the FOPs for such purchases to the Department because these products Memorandum to Catherine Bertrand, Thus, in accordance with section Program Manager, AD/CVD Operations, 776(a)(1) of the Act, the Department is were not sold to Jacobi. See Jacobi Producers’ Exclusion Letter. Office 9, from Robert Palmer, Case applying facts available to determine the Analyst, AD/CVD Operations, Office 9: normal value for the sales In accordance with section 776(a)(1) Preliminary Results Analysis corresponding to the FOP data CCT was of the Act, the Department is applying Memorandum for Ningxia Guanghua excused from reporting. Due to the facts available to determine the normal Cherishmet Activated Carbon Co. Ltd. proprietary nature of the factual value for the sales corresponding to the (‘‘GHC’’) in the Antidumping Duty information concerning these producers, FOP data that Jacobi was excused from Administrative Review of Certain these issues are addressed in a separate reporting. Due to the proprietary nature Activated Carbon from the People’s business proprietary memorandum of the factual information concerning Republic of China, dated April 30, 2009 where a detailed explanation of the facts these producers, these issues are (‘‘GHC Prelim Analysis Memo’’). available calculation is provided. See addressed in a separate business Memorandum to Catherine Bertrand, proprietary memorandum where a Jilin Program Manager, AD/CVD Operations, detailed explanation of the facts As stated in the ‘‘Respondent Office 9, from Irene Gorelik, Senior Case available calculation is provided. See Selection’’ section above, the Analyst, AD/CVD Operations, Office 9: Memorandum to Catherine Bertrand, Department issued the NME Preliminary Results Analysis Program Manager, AD/CVD Operations, questionnaire to Jilin on August 5, 2008. Memorandum for Calgon Carbon Office 9, from Julia Hancock, Senior On August 26, 2008, the Department (Tianjin) Co., Ltd., in the Antidumping Case Analyst, AD/CVD Operations, granted Jilin an extension of seven Duty Administrative Review of Certain Office 9: Preliminary Results Analysis business days to September 5, 2008, in Activated Carbon from the People’s Memorandum for Jacobi Carbons AB, which to submit its Section A Republic of China, dated April 30, 2009 Tianjin Jacobi International Trading Co., questionnaire response. However, the (‘‘CCT Prelim Analysis Memo’’). Ltd., and Jacobi Carbons, Inc.’s Department was not contacted by Jilin, Jacobi (collectively ‘‘Jacobi’’) in the nor did it receive a response to section On September 15, 2008, Jacobi Antidumping Duty Administrative A of the Department’s questionnaire by requested to be excused from reporting Review of Certain Activated Carbon the extended deadline (i.e., September FOP data for certain Chinese producers. from the People’s Republic of China, 5, 2008). Moreover, the Department did On September 30, 2008, the Department dated April 30, 2009 (‘‘Jacobi Prelim not receive Jilin’s response to sections C requested additional information from Analysis Memo’’). and D of the questionnaire by the established deadline (i.e., September 11, Jacobi regarding its exclusion requests. GHC 16 On October 10, 2008, Jacobi responded 2008). However, the Department and provided detailed information On September 12, 2008, GHC 15 The name of this producer is business regarding its producers and production requested to be excused from reporting proprietary information thus not available for quantities. On October 20, 2008, the public summary. See the Department’s letter to Department notified Jacobi that due to 14 The names of these producers are business Cherishmet, dated October 27, 2008, for the name the large numbers of producers that proprietary information thus not available for of this producer (‘‘Cherishmet Producers’ Exclusion public summary. See the Department’s letter to Letter’’). supplied Jacobi during the POR, Jacobi Jacobi, dated October 20, 2008, for the names of 16 Although Jilin contacted us on September 11, would be excused from reporting certain these producers (‘‘Jacobi Producers’ Exclusion 2008, withdrawing its request for an administrative FOP data. See the Department’s Letter to Letter’’). Continued
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provided Jilin with another opportunity discussion of the probative value of the 346 F. Supp. 2d 1312, 1335 (CIT 2004) to explain why it had not submitted PRC-wide rate of 228.11 percent rate. (upholding a 73.55 percent total AFA responses to sections A, C, and D of the rate, the highest available dumping PRC-Wide Entity and Selection of August 5, 2008, questionnaire, and margin from a different respondent in Adverse Facts Available (‘‘AFA’’) Rate requested that it do so by September 19, an LTFV investigation); see also 2008.17 As stated above in the As noted above, the Department Kompass Food Trading Int’l v. United ‘‘Respondent Selection’’ section, on determined that, as a result of Jilin’s States, 24 CIT 678, 689 (2000) September 15, 2008, counsel to Jilin termination of participation from the (upholding a 51.16 percent total AFA filed a letter stating that Jilin would not instant proceeding, the Department is rate, the highest available dumping participate as a mandatory respondent not granting Jilin a separate rate and margin from a different, fully in this administrative review.18 considers Jilin part of the PRC-wide cooperative respondent); and Shanghai Therefore, the Department finds it entity. Thus, the Department finds that Taoen International Trading Co., Ltd. v. appropriate to rely on the facts the PRC-wide entity, including Jilin, United States, 360 F. Supp 2d 1339, otherwise available in order to withheld requested information, failed 1348 (CIT 2005) (upholding a 223.01 determine a margin for Jilin for to provide information in a timely percent total AFA rate, the highest purposes of these preliminary results, manner and in the form requested, and available dumping margin from a pursuant to section 776(a)(2) of the significantly impeded this proceeding. different respondent in a previous Act.19 Moreover, by refusing to answer the administrative review). Department’s questionnaire, the PRC- As stated above, section 776(b) of the The Department’s practice when Act provides that, if the Department wide entity, including Jilin, failed to selecting an adverse rate from among finds that an interested party fails to cooperate to the best of its ability. the possible sources of information is to cooperate by not acting to the best of its Therefore, the Department must rely on ensure that the margin is sufficiently ability to comply with requests for adverse facts otherwise available in adverse ‘‘as to effectuate the purpose of information, the Department may use an order to determine a margin for the PRC- the facts available role to induce inference that is adverse to the interests wide entity, pursuant to section respondents to provide the Department of that party in selecting from the facts 776(a)(2)(A), (B), (C) and 776(b) of the with complete and accurate information otherwise available. See also Notice of Act.20 By doing so, the Department in a timely manner.’’ See Static Random Final Results of Antidumping Duty ensures that the companies that are part Access Memory Semiconductors from Administrative Review: Stainless Steel of the PRC-wide entity will not obtain Bar from India, 70 FR 54023, 54025–26 a more favorable result by failing to Taiwan; Final Determination of Sales at (September 13, 2005); and Notice of cooperate than had they cooperated Less than Fair Value, 63 FR 8909, 8932 Final Determination of Sales at Less fully in this review. (February 23, 1998). The Department’s Than Fair Value and Final Negative In deciding which facts to use as practice also ensures ‘‘that the party Critical Circumstances: Carbon and AFA, section 776(b) of the Act and 19 does not obtain a more favorable result Certain Alloy Steel Wire Rod from CFR 351.308(c)(1) authorize the by failing to cooperate than if it had Brazil, 67 FR 55792, 55794–96 (August Department to rely on information cooperated fully.’’ See SAA at 870; see 30, 2002). Adverse inferences may be derived from (1) the petition, (2) a final also Final Determination of Sales at employed ‘‘to ensure that the party does determination in the investigation, (3) Less than Fair Value: Certain Frozen not obtain a more favorable result by any previous review or determination, and Canned Warmwater Shrimp from failing to cooperate than if it had or (4) any information placed on the Brazil, 69 FR 76910, 76912 (December cooperated fully.’’ See SAA at 870. As record. In reviews, the Department 23, 2004); D&L Supply Co. v. United a result of Jilin’s termination of normally selects, as AFA, the highest States, 113 F. 3d 1220, 1223 (Fed. Cir. participation from the instant rate on the record of any segment of the 1997). In choosing the appropriate proceeding, the Department is not proceeding. See, e.g., Tapered Roller balance between providing respondents granting Jilin a separate rate and Bearings and Parts Thereof, Finished with an incentive to respond accurately considers Jilin part of the PRC-wide and Unfinished, From the People’s and imposing a rate that is reasonably entity. See ‘‘PRC-Wide Entity and Republic of China: Final Results of related to the respondent’s prior Selection of Adverse Facts Available Antidumping Duty Administrative commercial activity, selecting the Rate’’ section below. See also the Review, 74 FR 3987, 3989 (January 22, highest prior margin ‘‘reflects a common ‘‘Corroboration’’ section below for a 2009). The Court of International Trade sense inference that the highest prior (‘‘CIT’’) and the Federal Circuit have margin is the most probative evidence of review, Norit America, Inc. and Calgon Carbon consistently upheld the Department’s current margins, because, if it were not Corporation (‘‘Petitioners’’) requested a review of practice in this regard. See Rhone so, the importer, knowing of the rule, Jilin; thus, we informed Jilin in the September 12, Poulenc, Inc. v. United States, 899 F.2d would have produced current 2008, letter that it is still under review. information showing the margin to be 17 See Letter from Catherine Bertrand, Program 1185, 1190 (Fed. Circ. 1990) (‘‘Rhone Manager, Regarding Antidumping Administrative Poulenc’’); NSK Ltd. v. United States, less.’’ Rhone Poulenc, 899 F.2d at 1190. Review of Certain Activated Carbon from the Consistent with the statute, court People’s Republic of China: Withdrawal of Jilin’s 20 See, e.g., Non-Malleable Cast Iron Pipe Fittings precedent, and its normal practice, the Request for Administrative Review (September 12, from the People’s Republic of China: Final Results Department has assigned the rate of 2008). of Antidumping Duty Administrative Review, 71 FR 18 See Letter from Jilin Regarding Activated 69546 (December 1, 2006) and accompanying Issues 228.11 percent, the highest rate on the Carbon from the People’s Republic of China and and Decision Memorandum at Comment 1; see also record of any segment of the proceeding, Termination of Jilin’s Participation As A Mandatory Certain Frozen Warmwater Shrimp from the to the PRC-wide entity, which includes Respondent (September 15, 2008). Socialist Republic of Vietnam: Preliminary Results Jilin, as AFA. See e.g., Certain Frozen 19 See, e.g., Certain Preserved Mushrooms from of the First Administrative Review and New Shipper the People’s Republic of China: Partial Rescission Review, 72 FR 10689, 10692 (March 9, 2007) Warmwater Shrimp from the People’s and Preliminary Results of the Sixth Administrative (decision to apply total AFA to the NME-wide Republic of China: Notice of Final Review, 71 FR 11183 (March 6, 2006) (unchanged entity), unchanged in Certain Frozen Warmwater Results And Rescission, In Part, of 2004/ in final results); Stainless Steel Sheet and Strip in Shrimp From the Socialist Republic of Vietnam: 2006 Antidumping Duty Administrative Coils From Japan: Preliminary Results of Final Results of the First Antidumping Duty Antidumping Duty Administrative Review, 70 FR Administrative Review and First New Shipper and New Shipper Reviews, 72 FR 52049 18369 (April 11, 2005) (unchanged in final results). Review, 72 FR 52052 (September 12, 2007). (September 12, 2007). See
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‘‘Corroboration of Information’’ section margin is not appropriate as AFA, the Economy Countries, (April 5, 2005) below. Department will disregard the margin (‘‘Policy Bulletin 05.1’’), available at: and determine an appropriate margin. http://ia.ita.doc.gov. However, the Corroboration of Information For example, in Fresh Cut Flowers from standard for eligibility for a separate rate Section 776(c) of the Act requires that Mexico; Final Results of Antidumping (which is whether a firm can the Department corroborate, to the Administrative Review, 61 FR 6812, demonstrate an absence of both de jure extent practicable, secondary 6814 (February 22, 1996), the and de facto government control over its information on which it relies as facts Department disregarded the highest export activities) has not changed. available. ‘‘Secondary information’’ is margin in that case as adverse best A designation of a country as an NME described in the SAA as ‘‘information information available (the predecessor remains in effect until it is revoked by derived from the petition that gave rise to facts available) because the margin the Department. See section to the investigation or review, the final was based on another company’s 771(18)(c)(i) of the Act. In proceedings determination concerning subject uncharacteristic business expense involving NME countries, it is the merchandise, or any previous review resulting in an unusually high margin. Department’s practice to begin with a under section 751 concerning the The information used in calculating this rebuttable presumption that all subject merchandise.’’ See SAA at 870. margin was based on sales and companies within the country are The SAA states that ‘‘corroborate’’ production data submitted by the subject to government control and thus means to determine that the information petitioner in the LTFV investigation, should be assessed a single antidumping has probative value. To be considered together with the most appropriate duty rate. See, e.g., Policy Bulletin 05.1; corroborated, information must be surrogate value information available to see also Notice of Final Determination found to be both reliable and relevant.21 the Department chosen from of Sales at Less Than Fair Value, and The Department is applying as AFA the submissions by the parties in the LTFV Affirmative Critical Circumstances, In highest rate from any segment of this investigation, as well as information Part: Certain Lined Paper Products from administrative proceeding, which is the gathered by the Department itself. See the People’s Republic of China, 71 FR rate currently applicable to all exporters Activated Carbon LTFV. Furthermore, 53079, 53080 (September 8, 2006); Final subject to the PRC-wide rate, including the calculation of this margin was Determination of Sales at Less Than Jilin. The AFA rate in the current review subject to comment from interested Fair Value and Final Partial Affirmative (i.e., the PRC-wide rate of 228.11 parties in the proceeding. As there is no Determination of Critical percent) represents the highest rate from information on the record of this review Circumstances: Diamond Sawblades the petition in the LTFV investigation. that demonstrates that this rate is not and Parts Thereof from the People’s See Order. appropriate to use as AFA, the Republic of China, 71 FR 29303, 29307 For purposes of corroboration, the Department determines that this rate has (May 22, 2006). It is the Department’s Department will consider whether that relevance. policy to assign all exporters of margin is both reliable and relevant. The As the 228.11 percent rate is both merchandise subject to investigation in AFA rate the Department is applying for reliable and relevant, the Department an NME country this single rate unless the current review was corroborated in determines that it has probative value. an exporter can affirmatively the LTFV investigation.22 No Accordingly, the Department demonstrate that it is sufficiently information has been presented in the determines that the calculated rate of independent so as to be entitled to a current review that calls into question 228.11 percent, which is the current separate rate. Id. Exporters can the reliability of this information. Thus, PRC-wide rate, is in accord with the demonstrate this independence through the Department finds the information requirement of section 776(c) of the Act the absence of both de jure and de facto continues to be reliable. that secondary information be government control over export With respect to the relevance aspect corroborated to the extent practicable activities. Id. The Department analyzes of corroboration, the Department will (i.e., that it have probative value). The each entity exporting the subject consider information reasonably at its Department has assigned this AFA rate merchandise under a test arising from disposal to determine whether a margin to exports of the subject merchandise by the Notice of Final Determination of continues to have relevance. Where the PRC-wide entity, which includes Sales at Less Than Fair Value: Sparklers circumstances indicate that the selected Jilin. from the People’s Republic of China, 56 FR 20588 (May 6, 1991) (‘‘Sparklers’’), Separate Rates 21 See Tapered Roller Bearings and Parts Thereof, as further developed in Notice of Final Finished and Unfinished, From Japan, and Tapered In the Separate Rates Application and Determination of Sales at Less Than Roller Bearings, Four Inches or Less in Outside Certification Letter,23 the Department Fair Value: Silicon Carbide from the Diameter, and Components Thereof, From Japan; notified parties of the recent application People’s Republic of China, 59 FR 22585 Preliminary Results of Antidumping Duty and certification process by which Administrative Reviews and Partial Termination of (May 2, 1994) (‘‘Silicon Carbide’’). Administrative Reviews, 61 FR 57391, 57392 exporters and producers may obtain However, if the Department determines (November 6, 1996) unchanged in Tapered Roller separate rate status in an NME review. that a company is wholly foreign-owned Bearings and Parts Thereof, Finished and The process requires exporters and or located in a market economy, then a Unfinished, From Japan, and Tapered Roller producers to submit a separate rate Bearings, Four Inches or Less in Outside Diameter, separate rate analysis is not necessary to and Components Thereof, From Japan; Final status certification and/or application. determine whether it is independent Results of Antidumping Duty Administrative See also Policy Bulletin 05.1: Separate- from government control. See, e.g., Final Reviews and Termination in Part, 62 FR 11825 Rates Practice and Application of Results of Antidumping Duty (March 13, 1997). Combination Rates in Antidumping Administrative Review: Petroleum Wax 22 See Final Determination of Sales at Less Than Fair Value: Certain Activated Carbon from the Investigations involving Non-Market Candles from the People’s Republic of People’s Republic of China, 72 FR 9508 (March 2, China, 72 FR 52355, 52356 (September 2007) (‘‘Activated Carbon LTFV’’). An amended 23 See the Department’s letter to interested parties 13, 2007). final determination was published on March 30, entitled, ‘‘Administrative Review of Certain Excluding the companies selected for 2007. See Notice of Amended Final Determination Activated Carbon from the People’s Republic of of Sales at Less Than Fair Value: Certain Activated China: Separate Rate Application and Separate Rate individual review, the Department Carbon from the People’s Republic of China, 72 FR Certification,’’ dated August 15, 2008 (‘‘Separate received separate rate applications or 15099 (March 30, 2007). Rates Application and Certification Letter’’). certifications from the following
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companies: Ningxia Huahui Activated that it is 100 percent foreign owned. See functions: (1) Whether the export prices Carbon Co., Ltd.; Ningxia Lingzhou Tangshan Solid Carbon Co. Ltd.’s are set by or are subject to the approval Foreign Trade Co., Ltd.; Tangshan Solid Separate Rate Certification dated of a government agency; (2) whether the Carbon Co., Ltd.; Tianjin Maijin September 15, 2008, at 2. Accordingly, respondent has authority to negotiate Industries Co., Ltd.; Datong Municipal the Department has preliminarily and sign contracts and other Yunguang Activated Carbon Co., Ltd.; granted separate rate status to CCT, agreements; (3) whether the respondent Hebei Foreign Trade Advertisement Jacobi, and Tangshan Solid Carbon Co. has autonomy from the government in Company; and Beijing Pacific Activated Ltd. making decisions regarding the Carbon Products Co., Ltd. Additionally, selection of management; and (4) 2. Joint Ventures Between Chinese and the Department received completed whether the respondent retains the Foreign Companies or Wholly Chinese- responses to the Section A portion of proceeds of its export sales and makes Owned Companies the NME questionnaire from CCT, independent decisions regarding Jacobi, and GHC, which contained GHC 25 and six of the separate rate disposition of profits or financing of information pertaining to the applicants in this administrative review losses. See Silicon Carbide, 59 FR at companies’ eligibility for a separate rate. stated that they are either joint ventures 22586–87; see also Notice of Final However, Ningxia Mineral & Chemical between Chinese and foreign companies Determination of Sales at Less Than Limited, one of the companies upon or are wholly Chinese-owned Fair Value: Furfuryl Alcohol From the which the Department initiated an companies. The Department has People’s Republic of China, 60 FR administrative review that has not been analyzed whether GHC and the 22544, 22545 (May 8, 1995). The rescinded, did not submit either a separate-rate applicants have Department has determined that an separate-rate application or certification. demonstrated the absence of de jure and analysis of de facto control is critical in Therefore, because Ningxia Mineral & de facto governmental control over their determining whether respondents are, Chemical Limited did not demonstrate respective export activities. in fact, subject to a degree of its eligibility for separate rate status, it a. Absence of De Jure Control government control which would has now been included as part of the preclude the Department from assigning PRC-wide entity. Also, as noted above, The Department considers the separate rates. The evidence provided Jilin has not participated in this following de jure criteria in determining by GHC and the six separate rate administrative review. Therefore, Jilin whether an individual company may be applicants supports a preliminary (including affiliate Jilin Province Bright granted a separate rate: (1) An absence finding of de facto absence of Future Industry and Commerce Co., of restrictive stipulations associated government control based on the Ltd.) has failed to demonstrate its with an individual exporter’s business following: (1) The companies set their eligibility for a separate rate. and export licenses; (2) any legislative own export prices independent of the enactments decentralizing control of government and without the approval of Separate Rate Recipients companies; and (3) any other formal a government authority; (2) the 1. Wholly Foreign-Owned measures by the government companies have authority to negotiate decentralizing control of companies. See CCT and Jacobi have reported that and sign contracts and other Sparklers, 56 FR at 20589. agreements; (3) the companies have they are wholly foreign-owned. CCT The evidence provided by GHC and reported that 100 percent of its shares autonomy from the government in the six separate rate applicants supports making decisions regarding the are held by Calgon Carbon Corporation, a preliminary finding of de jure absence which is located in the United States. selection of management; and (4) there of government control based on the is no restriction on any of the See CCT’s Section A Questionnaire following: (1) An absence of restrictive companies’ use of export revenue. See, Response dated September 16, 2008, at stipulations associated with the e.g., GHC’s Section A Questionnaire pages 2–4. Jacobi reported that it is individual exporter’s business and Response dated September 5, 2008, at wholly owned by a company located in export licenses; (2) there are applicable pages 2–4; Ningxia Lingzhou Foreign a market-economy country, Sweden. See legislative enactments decentralizing Trade Company’s Separate Rate Jacobi’s Section A Questionnaire control of the companies; and (3) there Application dated October 15, 2008, at Response dated September 5, 2008 at are formal measures by the government 10 and Supplemental Response dated page 3. Therefore, there is no PRC decentralizing control of companies. January 8, 2009, at 3–4; Tianjin Maijin ownership of CCT or Jacobi, and See, e.g., GHC’s Section A Industries Co., Ltd.’s Separate Rate because the Department has no evidence Questionnaire Response dated Certification dated September 9, 2008, indicating that either company is under September 5, 2008, at pages 2–4; Datong at Exhibit 1. Therefore, the Department the control of the PRC, a separate rates Municipal Yunguang Activated Carbon preliminarily finds that GHC and six analysis is not necessary to determine Co., Ltd.’s Separate Rate Certification separate-rate applicants have whether they are independent from dated September 15, 2008, at Exhibit 3; 24 established that they qualify for a government control. Additionally, one Hebei Foreign Trade and Advertising separate rate under the criteria of the exporters under review not Corp.’s Separate Rate Certification dated established by Silicon Carbide and selected for individual review, September 15, 2008, at 3–4. Sparklers. Tangshan Solid Carbon Co., Ltd., reported in its separate-rate certification b. Absence of De Facto Control Separate Rate Calculation Typically the Department considers As stated previously, this review 24 See Brake Rotors From the People’s Republic of four factors in evaluating whether each covers 14 exporters. Of those, the China: Preliminary Results and Partial Rescission of respondent is subject to de facto the Fourth New Shipper Review and Rescission of Department selected two exporters, CCT the Third Antidumping Duty Administrative government control of its export and Jacobi (including affiliates), as Review, 66 FR 1303, 1306 (January 8, 2001), mandatory respondents in this review unchanged in the final determination; Notice of 25 See GHC’s Section A Questionnaire Response and one voluntary respondent, GHC Final Determination of Sales at Less Than Fair dated September 5, 2008, at pages 2–4. See also Value: Creatine Monohydrate From the People’s Beijing Pacific Activated Carbon Products Co., (including affiliate Beijing Pacific Republic of China, 64 FR 71104 (December 20, Ltd.’s Separate Rate Certification dated September Activated Carbon Products Co., Ltd.). As 1999). 15, 2008 at Exhibit 4. stated above, two companies, Ningxia
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Mineral & Chemical Limited and Jilin U.S. Price provider and paid for in a market (including affiliate, Jilin Province Bright economy currency, the Department used Export Price Future Industry and Commerce Co., the reported expense. However, the Ltd.), are part of the PRC-Wide entity, In accordance with section 772(a) of Department has not used GHC’s and thus, are not entitled to a separate the Act, the Department calculated the reported market economy international rate. The remaining six companies EP for a portion of sales to the United freight expenses because they were not submitted timely information as States for GHC because the first sale to provided by and paid for directly requested by the Department and an unaffiliated party was made before through a market economy provider.28 remain subject to this review as the date of importation and the use of Due to the proprietary nature of certain cooperative separate rate respondents. CEP was not otherwise warranted. The adjustments to U.S. price, for a detailed For the exporters subject to this Department calculated EP based on the description of all adjustments made to review that were determined to be price to unaffiliated purchasers in the U.S. price for each company, see the eligible for separate rate status, but were United States. In accordance with company specific analysis not selected as mandatory respondents, section 772(c) of the Act, as appropriate, memorandums, dated April 30, 2009. the Department normally establishes a the Department deducted from the CCT also requested that the simple-average margin based on an starting price to unaffiliated purchasers Department apply the ‘‘special rule’’ for average of the rates it calculated for the foreign inland freight and brokerage and merchandise with value added after mandatory respondents, excluding any handling. Each of these services was importation and excuse CCT from rates that are zero, de minimis, or based either provided by an NME vendor or reporting U.S. resales of subject entirely on AFA.26 Accordingly, for paid for using an NME currency. Thus, merchandise further processed by these preliminary results, the rates the Department based the deduction of Calgon Carbon Corporation (‘‘CCC’’), calculated for Jacobi and CCT these movement charges on surrogate CCT’s U.S. parent company, in the (excluding GHC, a voluntary values. Additionally, for international United States and the U.S. further- respondent) are applied as the rate for freight provided by a market economy processing cost information associated non-selected separate entities. That rate provider and paid in U.S. dollars, the with the resales. CCT made this request is 119.19 percent. Entities receiving this Department used the actual cost per with respect to all categories of U.S. rate are identified by name in the kilogram of the freight. See Prelim sales with further manufacturing and ‘‘Preliminary Results of Review’’ section Surrogate Value Memo for details provided further-processing cost data. of this notice. regarding the surrogate values for See CCT’s Section A Questionnaire movement expenses. Response dated September 16, 2008, at Date of Sale Constructed Export Price page 32 and Exhibit 11; see also CCT’s CCT, Jacobi, and GHC reported the Supplemental Section C Questionnaire invoice date as the date of sale because For all of CCT’s and Jacobi’s sales and Response dated January 7, 2009 at they claim that, for their U.S. sales of the majority of GHC’s sales, the Exhibit 44–A. Petitioner NORIT subject merchandise made during the Department based U.S. price on CEP in submitted comments on October 21, POR, the material terms of sale were accordance with section 772(b) of the 2008, and December 23, 2008, arguing established on the invoice date. The Act, because sales were made on behalf that, among other concerns, CCT Department preliminarily determines of the Chinese-based companies by a overstated the significance of its further that the invoice date is the most U.S. affiliate to unaffiliated purchasers manufacturing costs. appropriate date to use as CCT’s, in the United States. For these sales, the The Department preliminarily Jacobi’s, and GHC’s date of sale in Department based CEP on prices to the determines that the ‘‘special rule’’ under accordance with 19 CFR 351.401(i) and first unaffiliated purchaser in the United section 772(e) of the Act for the Department’s long-standing practice States. Where appropriate, the merchandise with value added after of determining the date of sale.27 Department made deductions from the importation applies to the sales made by starting price (gross unit price) for CCC in the United States. Section 772(e) Fair Value Comparisons foreign movement expenses, of the Act provides that, when the To determine whether sales of certain international movement expenses, U.S. subject merchandise is imported by an activated carbon to the United States by movement expenses, and appropriate affiliated person and the value added in CCT, Jacobi, and GHC were made at less selling adjustments, in accordance with the United States by the affiliated than fair value, the Department section 772(c)(2)(A) of the Act. person is likely to exceed substantially compared either export price (‘‘EP’’) or In accordance with section 772(d)(1) the value of the subject merchandise, constructed export price (‘‘CEP’’) to NV, of the Act, the Department also the Department shall determine the CEP as described in the ‘‘U.S. Price,’’ and deducted those selling expenses for such merchandise using the price to ‘‘Normal Value’’ sections below. associated with economic activities an unaffiliated party of identical or occurring in the United States. The other subject merchandise if there is a 26 See, e.g., Wooden Bedroom Furniture From the Department deducted, where sufficient quantity of sales to provide a People’s Republic of China: Preliminary Results of appropriate, commissions, inventory reasonable basis for comparison, and the Antidumping Duty Administrative Review, carrying costs, interest revenue, credit Preliminary Results of New Shipper Review and Department determines that the use of Partial Rescission of Administrative Review, 73 FR expenses, warranty expenses, and such sales is appropriate. If there is not 8273, 8279 (February 13, 2008) (unchanged in indirect selling expenses. Where foreign a sufficient quantity of such sales or if Wooden Bedroom Furniture from the People’s movement expenses, international the Department determines that using Republic of China: Final Results of Antidumping movement expenses, or U.S. movement Duty Administrative Review and New Shipper the price to an unaffiliated party of Review, 73 FR 49162 (August 20, 2008)). expenses were provided by PRC service 27 See, e.g., Notice of Final Determination of Sales providers or paid for in Renminbi, the 28 See Certain New Pneumatic Off-The-Road Tires at Less Than Fair Value and Negative Final Department valued these services using from the People’s Republic of China: Final Determination of Critical Circumstances: Certain surrogate values (see ‘‘Factor Affirmative Determination of Sales at Less Than Frozen and Canned Warmwater Shrimp from Fair Value and Partial Affirmative Determination of Thailand, 69 FR 76918 (December 23, 2004), and Valuations’’ section below for further Critical Circumstances, 73 FR 40485 (July 15, 2008) accompanying Issues and Decision Memorandum at discussion). For those expenses that and accompanying Issues and Decision Comment 10. were provided by a market economy Memorandum at Comment 70.
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identical or other subject merchandise is information associated with the resales. 7, FW–9, FW–11, XX–4. Further, CCT not appropriate, the Department may For purposes of these preliminary has explained that each of its producers use any other reasonable basis to results, the Department has applied the maintains records on the consumption determine the CEP. weighted-average margin from CCT’s of all raw materials. CCT notes that its To determine whether the value other U.S. sales to the quantity of U.S. producers do not track data during the added is likely to exceed substantially further manufactured sales. See CCT production process for four product the value of the subject merchandise, Prelim Analysis Memo. characteristics within the CONNUM: the Department estimated the value Normal Value apparent density, hardness, abrasion, added based on the difference between and ash content. However, CCT claims the averages of the prices charged to the Section 773(c)(1) of the Act provides that it has provided its FOP data based first unaffiliated purchaser for the that the Department shall determine the on as much detail as the books and merchandise as sold in the United NV using a factors-of-production records of its records and its producers’ States and the averages of the prices methodology if the merchandise is records would allow. See CCT’s paid for the subject merchandise by the exported from an NME and the Supplemental Section D Questionnaire affiliated purchaser, CCC. Based on the information does not permit the Response dated February 17, 2009, at 3– information provided by CCT and the calculation of NV using home-market 7. Therefore, on the basis of the data Department’s analysis of this prices, third-country prices, or submitted by CCT, which the information, the Department determined constructed value under section 773(a) Department intends to carefully that the estimated value added in the of the Act. The Department bases NV on scrutinize at verification, the United States by CCC accounted for at the FOPs because the presence of Department preliminarily determines least 65 percent of the price charged to government controls on various aspects that CCT’s FOP reporting methodology the first unaffiliated customer for the of non-market economies renders price is sufficient to preliminarily calculate merchandise as sold in the United comparisons and the calculation of an accurate dumping margin. States. See 19 CFR 351.402(c); see also production costs invalid under the Nonetheless, we are hereby notifying Antifriction Bearings (other than Department’s normal methodologies. CCT that it should begin to track all Tapered Roller Bearings) and Parts FOP Reporting Exclusions records generated in the normal course Thereof from France, Germany, Italy, of business that would allow CCT and Japan, Sweden, and the United As stated above, the Department granted exclusions for certain nominal its producers to report FOP Kingdom: Final Results of Antidumping consumption in future segments of this Duty Administrative Reviews and producers to be excused from providing FOP data for CCT, Jacobi, and GHC. As proceeding taking into account as many Revocation of Orders in Part, 66 FR 29 the corresponding U.S. sales from the CONNUM characteristics as possible. 36551, 36555 (July 12, 2001) and Additionally, as stated in Certain Tissue accompanying Issues and Decision material supplied by the excused producers were reported in the U.S. Paper Products from the People’s Memorandum at Comment 28 (‘‘AFBs’’). Republic of China, the Department also Therefore, the Department preliminarily sales listing, the Department has assigned FOPs for similar subject notes that there is no reason to conclude determines that the value added is that respondents in future segments likely to exceed substantially the value merchandise that was produced by CCT, Jacobi, and GHC, respectively, as facts would be unable to report FOPs on a of the subject merchandise. CONNUM-specific basis, For CCT, the Department available, to those sales observations notwithstanding the fact that previous preliminarily determines that the associated with the excluded producers. respondents have been unable to do so, remaining quantity of sales of identical See CCT Prelim Analysis Memo, Jacobi based on the manner in which they or other subject merchandise to Prelim Analysis Memo and GHC Prelim unaffiliated persons are sufficient to Analysis Memo. chose to maintain their records. See provide a reasonable basis for Additionally, CCT has reported that Certain Tissue Paper Products from the comparison and that the use of these its individual producers could not People’s Republic of China: Final sales is appropriate as a basis for provide FOP data on a CONNUM- Results and Final Rescission, in Part, of calculating margins of dumping on the specific basis. See, e.g., CCT letter dated Antidumping Duty Administrative value-added merchandise. See section March 17, 2009. Rather, these Review, 73 FR 58113 (October 6, 2008) 772(e) of the Act; see also AFBs; individual producers have reported FOP and accompanying Issues and Decision Memorandum to James C. Doyle, consumption data based on product Memorandum at Comment 2. Director, AD/CVD Operations, Office 9, family codes, which are then batch- In accordance with 19 CFR through Catherine Bertrand, Program tested by CCT to determine and assign 351.408(c)(1), the Department will Manager, AD/CVD Operations, Office 9, a CONNUM to the product family codes normally use publicly available from Irene Gorelik, Senior Case Analyst, based on a weighted-average calculation information to value the FOPs, but Office 9: Special Rule for Merchandise of its producers’ FOP consumption. CCT when a producer sources an input from with Value Added after Importation for has provided detailed and potentially a market economy country and pays for the Antidumping Duty Administrative verifiable information on the standards it in a market economy currency, the Review of Certain Activated Carbon used in the ordinary course of business Department may value the factor using from the People’s Republic of China, by CCT and its producers. See the actual price paid for the input.30 dated April 30, 2009 (‘‘Special Rule Supplemental Section D Questionnaire During the POR, Jacobi reported that it Memo’’). Response dated February 17, 2009. In Accordingly, the Department has addition, CCT has provided samples of 29 See Certain Circular Welded Carbon Quality Steel Line Pipe from the People’s Republic of China: determined to apply the ‘‘special rule’’ FOP consumption data, reconciliation Final Determination of Sales at Less Than Fair to merchandise with value added after worksheets, and FOP source Value, 74 FR 14514 (March 31, 2009) and importation to CCT’s U.S. resales of documentation used in the ordinary accompanying Issues and Decision Memorandum at subject merchandise further processed course of business by its producers. See, Comment 1. 30 See Lasko Metal Products v. United States, 43 by CCC in the United States and excuse e.g., CCT’s Second Supplemental F.3d 1442, 1445–1446 (Fed. Cir. 1994) (affirming CCT from reporting these U.S. sales and Section D Questionnaire Response dated the Department’s use of market-based prices to the U.S. further-processing cost March 13, 2009, at 2 and Exhibits FW– value certain FOPs).
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purchased certain inputs from a market Indonesia, South Korea, and Thailand from the Indian Import Statistics and economy supplier and paid for the may have been subsidized. The other publicly available Indian sources inputs in a market economy currency. Department has found in other in order to calculate surrogate values for See Jacobi’s Section D Questionnaire proceedings that these countries CCT, Jacobi, and GHC’s FOPs (direct Response dated October 24, 2008, at D– maintain broadly available, non- materials, energy, and packing 1–5 and Exhibit D–1–E. The Department industry-specific export subsidies and, materials) and certain movement has a rebuttable presumption that therefore, it is reasonable to infer that all expenses. To calculate NV, the market economy input prices are the exports to all markets from these Department multiplied the reported per- best available information for valuing an countries may be subsidized.31 The unit factor quantities by publicly input when the total volume of the Department is also guided by the available Indian surrogate values input purchased from all market statute’s legislative history that explains (except as noted below). The economy sources during the period of that it is not necessary to conduct a Department’s practice when selecting investigation or review exceeds 33 formal investigation to ensure that such the best available information for percent of the total volume of the input prices are not subsidized. See Omnibus valuing FOPs is to select, to the extent purchased from all sources during the Trade and Competitiveness Act of 1988, practicable, surrogate values which are period. See Antidumping Conference Report to accompany H.R. product-specific, representative of a Methodologies: Market Economy Inputs, Rep. 100–576 at 590 (1988) reprinted in broad market average, publicly Expected Non-Market Economy Wages, 1988 U.S.C.C.A.N. 1547, 1623–24; see available, contemporaneous with the Duty Drawback; and Request for also Preliminary Determination of Sales POR and exclusive of taxes and duties. Comments, 71 FR 61716, 61717–18 at Less Than Fair Value: Coated Free See, e.g., Electrolytic Manganese (October 19, 2006) (‘‘Antidumping Sheet Paper from the People’s Republic Dioxide From the People’s Republic of Methodologies’’). In these cases, unless of China, 72 FR 30758, 30763 n.6 (June China: Final Determination of Sales at case-specific facts provide adequate 4, 2007) unchanged in Final Less Than Fair Value, 73 FR 48195 grounds to rebut the Department’s Determination of Sales at Less Than (August 18, 2008) and accompanying presumption, the Department will use Fair Value: Coated Free Sheet Paper Issues and Decision Memorandum at the weighted average market economy from the People’s Republic of China, 72 Comment 2. purchase price to value the input. FR 60632 (October 25, 2007). Rather, the As appropriate, the Department Alternatively, when the volume of an Department bases its decision on adjusted input prices by including NME firm’s purchases of an input from information that is available to it at the freight costs to render them delivered market economy suppliers during the time it makes its determination. See prices. Specifically, the Department period is below 33 percent of its total Polyethylene Terephthalate Film, Sheet, added to Indian import surrogate values volume of purchases of the input during and Strip from the People’s Republic of a surrogate freight cost using the shorter the period, but where these purchases China: Preliminary Determination of of the reported distance from the are otherwise valid and there is no Sales at Less Than Fair Value, 73 FR domestic supplier to the factory or the reason to disregard the prices, the 24552, 24559 (May 5, 2008), unchanged distance from the nearest seaport to the Department will weight-average the in Polyethylene Terephthalate Film, factory. This adjustment is in market economy purchase price with an Sheet, and Strip from the People’s accordance with the decision of the appropriate surrogate value (‘‘SV’’) Republic of China: Final Determination Federal Circuit in Sigma Corp. v. United according to their respective shares of of Sales at Less Than Fair Value, 73 FR States, 117 F. 3d 1401, 1408 (Fed. Cir. 1997). For a detailed description of all the total volume of purchases, unless 55039 (September 24, 2008). Therefore, surrogate values used for CCT, Jacobi, case-specific facts provide adequate the Department has not used prices from and GHC, see Memorandum to the File grounds to rebut the presumption. See these countries in calculating the Indian through Catherine Bertrand, Program Antidumping Methodologies. When a import-based surrogate values. Manager, Office 9 from Blaine Wiltse, firm has made market economy input Additionally, the Department Case Analyst, re; First Administrative purchases that may have been dumped disregarded prices from NME countries. Review of Certain Activated Carbon or subsidized, are not bona fide, or are Finally, imports that were labeled as originating from an ‘‘unspecified’’ from the People’s Republic of China: otherwise not acceptable for use in a country were excluded from the average Surrogate Values for the Preliminary dumping calculation, the Department value, as the Department could not be Results (‘‘Prelim Surrogate Value will exclude them from the numerator certain that they were not from either an Memo’’). of the ratio to ensure a fair NME country or a country with general In those instances where the determination of whether valid market export subsidies. See id. Department could not obtain publicly economy purchases meet the 33-percent available information contemporaneous threshold. See Antidumping Factor Valuations to the POR with which to value factors, Methodologies. In accordance with section 773(c) of the Department adjusted the surrogate The Department used the Indian the Act, for subject merchandise values using, where appropriate, the Import Statistics to value the raw produced by CCT, Jacobi, and GHC, the Indian Wholesale Price Index (‘‘WPI’’) material and packing material inputs Department calculated NV based on the as published in the International that CCT, Jacobi, and GHC used to FOPs reported by CCT, Jacobi, and GHC Financial Statistics of the International produce the merchandise under for the POR. The Department used data Monetary Fund, a printout of which is investigation during the POR, except attached to the Prelim Surrogate Value where listed below. With regard to both 31 See Certain Frozen Fish Fillets from the Memo at Exhibit 2. Where necessary, the the Indian import-based surrogate Socialist Republic of Vietnam: Notice of Department adjusted surrogate values Preliminary Results and Preliminary Partial values and the market economy input Rescission of Antidumping Duty Administrative for inflation, exchange rates, and taxes, values, the Department has disregarded Review, 70 FR 54007, 54011 (September 13, 2005) and the Department converted all prices that the Department has reason to (unchanged in the final results); China National applicable items to a per-kilogram basis. believe or suspect may be subsidized. Machinery Import & Export Corporation v. United The Department valued electricity States, 293 F. Supp. 2d 1334 (CIT 2003), as affirmed The Department has reason to believe or by the Federal Circuit, 104 Fed. Appx. 183 (Fed. using price data for small, medium, and suspect that prices of inputs from India, Cir. 2004). large industries, as published by the
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Central Electricity Authority of the valued water using data from the determine a surrogate value for coal Government of India (‘‘CEA’’) in its Maharashtra Industrial Development gas.33 See Prelim Surrogate Value Memo. publication titled ‘‘Electricity Tariff & Corporation (http://www.midcindia.org) The Department calculated the Duty and Average Rates of Electricity as it includes a wide range of industrial surrogate value for steam based upon Supply in India’’, dated July 2006. water tariffs. This source provides 386 the April 2007–March 2008 financial These electricity rates represent actual industrial water rates within the statement of Hindalco Industries country-wide, publicly available Maharashtra province from June 2003: Limited (‘‘Hindalco’’). See 1- information on tax-exclusive electricity 193 for the ‘‘inside industrial areas’’ Hydroxyethylidene-1, 1-Diphosphonic rates charged to industries in India. usage category and 193 for the ‘‘outside Acid from the People’s Republic of Since the rates are not contemporaneous industrial areas’’ usage category. China: Final Determination of Sales at with the POR, the Department inflated Because the value was not Less than Fair Value, 74 FR 10545 the values using the WPI. Parties have contemporaneous with the POR, the (March 11, 2009), and accompanying suggested that the Department rely on Department adjusted the rate for Issues and Decision Memorandum at June 2008 CEA data and International inflation. See Prelim Surrogate Value Comment 4. For a detailed explanation Energy Agency (‘‘IEA’’) data. However, Memo. of our reasons for using Hindalco’s the Department preliminarily finds that financial statements as the source of the we cannot rely on those data because we For direct, indirect, and packing surrogate value for steam, see Prelim are unable to separate duty rates from labor, consistent with 19 CFR Surrogate Value Memo. the June 2008 CEA data, and the IEA 351.408(c)(3), the Department used the The Department valued truck freight data are less contemporaneous than the PRC regression-based wage rate as expenses using a per-unit average rate July 2006 CEA data. Additionally, reported on Import Administration’s calculated from data on the infobanc Petitioners have recommended that the home page, Import Library, Expected Web site: http://www.infobanc.com/ Department not use CEA data because of Wages of Selected NME Countries, logistics/logtruck.htm. The logistics a 2007 TERI report that indicated that revised in May 2008; see Corrected 2007 section of this Web site contains inland the rates include subsidies and are Calculation of Expected Non-Market freight truck rates between many large below production. However, the Economy Wages, 73 FR 27795 (May 14, Indian cities. Since this value is not Department was unable to find 2008), and http://ia.ita.doc.gov/wages/ contemporaneous with the POR, the sufficient evidence of subsidies to index.html. The source of these wage- Department deflated the rate using WPI. demonstrate that the electricity rates rate data on Import Administration’s See Prelim Surrogate Value Memo. used in the CEA data were unreliable. web site is the Yearbook of Labour To value international freight, the Moreover, the Department was also Statistics 2005, ILO (Geneva: 2007), Department obtained price data from the unable to find sufficient evidence to Chapter 5B: Wages in Manufacturing. Maersk SeaLand Web site (https:// demonstrate that the electricity rates Because this regression-based wage rate www.maerskline.com). See Prelim used in the CEA data were below cost. does not separate the labor rates into Surrogate Value Memo. To value marine Therefore, we preliminarily determine different skill levels or types of labor, insurance, the Department used data to value electricity using the CEA price the Department has applied the same from RGJ Consultants (http:// data. See Prelim Surrogate Value Memo. wage rate to all skill levels and types of www.rjgconsultants.com/). This source Because water is essential to the provides information regarding the per- production process of the subject labor reported by the respondents. See Prelim Surrogate Value Memo. value rates of marine insurance of merchandise, the Department is imports and exports to/from various considering water to be a direct material For coal gas, the Department countries. See Prelim Surrogate Value input, and not as overhead, and valued examined Indian import data and noted Memo. water with a surrogate value according that there are no imports of commercial To value brokerage and handling, the to our practice. See Final Determination quantities of coal gas for the POR or Department calculated a simple average of Sales at Less Than Fair Value and prior to the POR. Because the of the brokerage and handling costs that Critical Circumstances: Certain Department found no usable data to were reported in public submissions Malleable Iron Pipe Fittings From the value coal gas, the Department has that were filed in three antidumping People’s Republic of China, 68 FR 61395 determined to use the methodology duty cases.34 Specifically, the (October 28, 2003) and accompanying employed in pure magnesium from the Department averaged the public Issue and Decision Memorandum at PRC. See Pure Magnesium from the brokerage and handling expenses Comment 11. Although some suppliers People’s Republic of China: Final reported by Navneet Publications (India) have reported that they obtain water Results of Antidumping Duty Ltd. in the 2007–2008 administrative from a well, the Department finds that Administrative Review, 73 FR 76336 whether the producer pays for water is (December 16, 2008) and accompanying 33 We note that we have also used this irrelevant in determining whether it Issues and Decisions Memorandum at methodology in other proceedings. See Certain Cut- should be considered a direct material Comment 4. Therefore, to value coal gas, to-Length Carbon Steel Plate from Romania: Notice input.32 Further, there is no evidence on of Final Results and Final Partial Rescission of the Department first obtained a value for Antidumping Duty Administrative Review, 70 FR the record that the Indian producers of natural gas from the financial statements 12651 (March 15, 2005), and accompanying Issues activated carbon from which the found in the 2007–2008 Annual Report and Decision Memorandum at Comment 6; see also Notice of Preliminary Determination of Sales at Less Department are obtaining overhead of the Gas Authority of India Ltd. financial ratio data account for water as Than Fair Value: Certain Hot-Rolled Carbon Steel (‘‘GAIL’’), a supplier of natural gas in Flat Products From the People’s Republic of China, an overhead expense. The Department India. The Department then compared 66 FR 22183 (May 3, 2001) (unchanged in Final the amount of British thermal units Notice of Sales at Less Than Fair Value: Certain 32 See Pacific Giant, Inc., et al. v. United States, Hot-Rolled Carbon Steel Flat Products From the 223 F. Supp. 2d 1336, 1346 (CIT 2002); Fresh Garlic (‘‘BTUs’’) in coal gas (i.e., 600) to that People’s Republic of China, 66 FR 49632 From the People’s Republic of China: Final Results of natural gas (i.e., 1150) to calculate the (September 28, 2001)). of Antidumping Duty Administrative Review and relative percentage of BTUs in coal gas. 34 Certain Lined Paper Products from India (07– New Shipper Reviews, 69 FR 33626 (June 16, 2004) The Department has applied that 08), Certain Hot-Rolled Carbon Steel Flat Products and accompanying Issues and Decisions from India (06–07), and Certain Preserved Memorandum at Comment 2. percentage to the value of natural gas to Mushrooms From India (05–06).
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review of certain lined paper products financial ratios because the financial respondents. Therefore, the Department from India, Essar Steel Limited in the statement was submitted without the has used these financial statements to 2006–2007 antidumping duty profit and loss statement. Although GHC value factory overhead, SG&A, and administrative review of hot-rolled provided Quantum’s profit and loss profit, for these preliminary results. carbon steel flat products from India, statement on February 24, 2009, 11 days With respect to GHC’s request for a and Himalaya International Ltd. in the after submitting Quantum’s financial byproduct offset for fines, the 2005–2006 administrative review of statement, GHC did not provide any certain preserved mushrooms from explanation of how this profit and loss Department has preliminarily India. The Department inflated the statement was obtained or whether it is determined that the product GHC has brokerage and handling rate using the available in the public domain. Thus, claimed as a byproduct is in fact appropriate WPI inflator. See Prelim we find that absent any information on merchandise within the scope of this Surrogate Value Memo. the record with respect to the administrative review because it is still To value factory overhead, selling, availability of Quantum’s complete considered activated carbon, and, general, and administrative (‘‘SG&A’’) financial statements, inclusive of the therefore should not be considered a expenses, and profit, the Department profit and loss statement, we find that byproduct. Consequently, the used the average of the audited financial Quantum’s financial statement is Department is not granting a byproduct statements of three Indian activated incomplete. Therefore, pursuant to 19 credit in our margin calculation for carbon producing companies; those CFR 351.408(c)(3), the Department GHC. See GHC Prelim Analysis Memo. being, Core Carbons for fiscal year preliminarily determines that the FY (‘‘FY’’) 07–08, Indo German Carbons 07–08 financial statements of Core Currency Conversion Ltd. for FY 07–08, and Kalpalka Carbons and Indo German Carbons Ltd., The Department made currency Chemicals Ltd. for FY 06–07.35 and the FY 06–07 financial statements conversions into U.S. dollars, in Additionally, while GHC also provided of Kalpalka Chemicals Ltd. provide the accordance with section 773A(a) of the an additional source for surrogate best available information with which to Act, based on the exchange rates in financial ratios using the financial calculate surrogate financial ratios, statements of Quantum Active Carbon because they are complete, publicly effect on the dates of the U.S. sales, as Pvt. Ltd. (‘‘Quantum’’), which is an available, and contemporaneous with certified by the Federal Reserve Bank. Indian producer of activated carbon the POR. Additionally, all three of these Preliminary Results of Review products, the Department preliminarily companies produce comparable finds that the financial statements of merchandise and use an integrated The Department preliminarily this producer should not be used for carbonization production process which determines that the following weighted- purposes of calculating surrogate closely mirrors that of all three average dumping margins exist:
CERTAIN ACTIVATED CARBON FROM THE PEOPLE’S REPUBLIC OF CHINA
Weighted Manufacturer/exporter average margin (percent)
Calgon Carbon (Tianjin) Co., Ltd ...... 188.57 Jacobi Carbons AB 36 ...... 49.81 Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd 37 ...... 50.84 Datong Municipal Yunguang Activated Carbon Co., Ltd ...... 119.19 Hebei Foreign Trade Advertisement Company ...... 119.19 Ningxia Huahui Activated Carbon Co., Ltd ...... 119.19 Ningxia Lingzhou Foreign Trade Co., Ltd ...... 119.19 Tangshan Solid Carbon Co., Ltd ...... 119.19 Tianjin Maijin Industries Co., Ltd ...... 119.19 PRC-Wide Rate 38 ...... 228.11
Disclosure and Public Hearing 351.309. Parties who submit case briefs Import Administration, Room 1117, The Department will disclose or rebuttal briefs in this proceeding are within 30 days of the date of publication toparties the calculations performed in requested to submit with each of this notice. Requests should contain: connection with these preliminary argument: (1) A statement of the issue; (1) The party’s name, address and results within five days of the date of (2) a brief summary of the argument; telephone number; (2) the number of publication of this notice. See 19 CFR and (3) a table of authorities. See 19 CFR participants; and (3) a list of issues to be 351.224(b). Because, as discussed above, 351.309(c) and (d). discussed. Id. Issues raised in the the Department intends to seek Pursuant to 19 CFR 351.310(c), hearing will be limited to those raised additional information, the Department interested parties who wish to request a in the respective case briefs. The will establish the briefing schedule at a hearing, or to participate if one is Department will issue the final results later time, and will notify parties of the requested, must submit a written of this administrative review, including schedule in accordance with 19 CFR request to the Assistant Secretary for the results of its analysis of the issues
35 The FY 07–08 financial statements for Core 36 And its affiliates, Tianjin Jacobi International Company A. Thus, the calculated margin applies to Carbons were submitted by Petitioners on February Trading Co., Ltd. and Jacobi Carbons, Inc. the single entity. 13, 2009; the FY 07–08 financial statements for Indo 37 Ningxia Guanghua Cherishment Activated 38 The PRC-Wide entity includes Ningxia Mineral German Carbons Ltd. and the FY 06–07 financial Carbon Co., Ltd. and the following companies have & Chemical Limited, Jilin Bright Future Chemicals been determined to be a single entity: Beijing statements for Kalpalka Chemicals Ltd. were Company, Ltd. and its affiliate, Jilin Province Bright Pacific Activated Carbon Products Co., Ltd., submitted by Jacobi on February 13, 2009. Future Industry and Commerce Co., Ltd. Ningxia Guanghua Activated Carbon Company, and
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raised in any written briefs, not later customers’ entries during the POR. See be the PRC-wide rate of 228.11 percent; than 120 days after the date of 19 CFR 351.212(b)(1). and (4) for all non-PRC exporters of publication of this notice, pursuant to Where we do not have entered values subject merchandise which have not section 751(a)(3)(A) of the Act. for all U.S. sales, we calculated a per- received their own rate, the cash deposit unit assessment rate by aggregating the rate will be the rate applicable to the Extension of the Time Limits for the antidumping duties due for all U.S. PRC exporters that supplied that non- Final Results sales to each importer (or customer) and PRC exporter. These deposit Section 751(a)(3)(A) of the Act dividing this amount by the total requirements, when imposed, shall requires that the Department issue the quantity sold to that importer (or remain in effect until further notice. final results of an administrative review customer). See 19 CFR 351.212(b)(1). To Notification to Importers within 120 days after the date on which determine whether the duty assessment the preliminary results are published. If rates are de minimis, in accordance with This notice also serves as a it is not practicable to complete the the requirement set forth in 19 CFR preliminary reminder to importers of review within that time period, section 351.106(c)(2), we calculated importer their responsibility under 19 CFR 751(a)(3)(A) of the Act allows the (or customer)-specific ad valorem ratios 351.402(f)(2) to file a certificate Department to extend the deadline for based on the estimated entered value. regarding the reimbursement of the final results to a maximum of 180 Where an importer (or customer)- antidumping duties prior to liquidation days after the date on which the specific ad valorem rate is zero or de of the relevant entries during this preliminary results are published. minimis, we will instruct CBP to review period. Failure to comply with In this proceeding, the Department liquidate appropriate entries without this requirement could result in the requires additional time to complete the regard to antidumping duties. See 19 Secretary’s presumption that CFR 351.106(c)(2). final results of this administrative reimbursement of antidumping duties For the companies receiving a review to issue additional supplemental occurred and the subsequent assessment separate rate that were not selected for of double antidumping duties. questionnaires, conduct verifications of individual review, we will calculate an several producers in addition to the This determination is issued and assessment rate based on the simple published in accordance with sections exporters, generate the reports of the average of the cash deposit rates verification findings, and properly 751(a)(1) and 777(i)(1) of the Act and 19 calculated for the companies selected CFR 351.221(b)(4). consider the issues raised in case briefs for individual review pursuant to Dated: April 30, 2009. from interested parties. Thus, it is not section 735(c)(5)(B) of the Act. practicable to complete this For those companies for which this Ronald K. Lorentzen, administrative review within the review has been preliminarily Acting Assistant Secretary, for Import original time limit. Consequently, the rescinded, the Department intends to Administration. Department is extending the time limit assess antidumping duties at rates equal [FR Doc. E9–10631 Filed 5–6–09; 8:45 am] for completion of the final results of this to the cash deposit of estimated BILLING CODE 3510–DS–P review by 60 days, in accordance with antidumping duties required at the time section 751(a)(3)(A) of the Act. The final of entry, or withdrawal from warehouse, results are now due no later 180 days for consumption, in accordance with 19 DEPARTMENT OF COMMERCE after the publication date of these CFR 351.212(c)(2), if the review is International Trade Administration preliminary results. rescinded for these companies. The Assessment Rates Department will issue appropriate [A–274–804] assessment instructions directly to CBP Upon issuance of the final results, the 15 days after publication of this notice. Carbon and Certain Alloy Steel Wire Department will determine, and CBP Rod from Trinidad and Tobago: shall assess, antidumping duties on all Cash Deposit Requirements Extension of Time Limit for the appropriate entries covered by these The following cash deposit Preliminary Results of Antidumping reviews. The Department intends to requirements will be effective upon Duty Administrative Review issue assessment instructions to CBP 15 publication of the final results of this AGENCY: days after the publication date of the administrative review for all shipments Import Administration, final results of this review excluding of the subject merchandise entered, or International Trade Administration, any reported sales that entered during withdrawn from warehouse, for Department of Commerce. the gap period. In accordance with 19 consumption on or after the publication EFFECTIVE DATE: May 7, 2009. CFR 351.212(b)(1), we calculated date, as provided for by section FOR FURTHER INFORMATION CONTACT: exporter/importer (or customer)-specific 751(a)(2)(C) of the Act: (1) For the Dennis McClure or Jolanta Lawska, assessment rates for the merchandise exporters listed above, the cash deposit Office 3, Import Administration, subject to this review. Where the rate will be established in the final International Trade Administration, respondent has reported reliable entered results of this review (except, if the rate U.S. Department of Commerce, 14th values, we calculated importer (or is zero or de minimis, i.e., less than 0.5 Street and Constitution Ave., NW, customer)-specific ad valorem rates by percent, no cash deposit will be Washington, DC 20230; telephone: (202) aggregating the dumping margins required for that company); (2) for 482–5973 and (202) 482–8362, calculated for all U.S. sales to each previously investigated or reviewed PRC respectively. importer (or customer) and dividing this and non-PRC exporters not listed above SUPPLEMENTARY INFORMATION: amount by the total entered value of the that have separate rates, the cash sales to each importer (or customer). See deposit rate will continue to be the Background 19 CFR 351.212(b)(1). Where an exporter-specific rate published for the On November 24, 2008, the U.S. importer (or customer)-specific ad most recent period; (3) for all PRC Department of Commerce (‘‘the valorem rate is greater than de minimis, exporters of subject merchandise which Department’’) published a notice of we will apply the assessment rate to the have not been found to be entitled to a initiation of the administrative review of entered value of the importers’/ separate rate, the cash deposit rate will the antidumping duty order on carbon
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and certain alloy steel wire rod from DEPARTMENT OF COMMERCE products. The scope of this investigation Trinidad and Tobago, covering the excludes (1) polyethylene bags that are period October 1, 2007, to September International Trade Administration not printed with logos or store names 30, 2008. See Initiation of Antidumping [A–552–806] and that are closeable with drawstrings and Countervailing Duty Administrative made of polyethylene film and (2) Reviews, 73 FR 70964 (November 24, Polyethylene Retail Carrier Bags from polyethylene bags that are packed in 2008). The preliminary results of this the Socialist Republic of Vietnam: consumer packaging with printing that review are currently due no later than Amended Initiation of Antidumping refers to specific end–uses other than July 3, 2009. Duty Investigation packaging and carrying merchandise from retail establishments, e.g., garbage Extension of Time Limit of Preliminary AGENCY: Import Administration, bags, lawn bags, trash–can liners. Results International Trade Administration, Department of Commerce. Imports of merchandise included within the scope of this investigation Section 751(a)(3)(A) of the Tariff Act EFFECTIVE DATE: May 7, 2009. of 1930, as amended (‘‘the Act’’), are currently classifiable under FOR FURTHER INFORMATION CONTACT: Zev statistical category 3923.21.0085 of the requires the Department to make a Primor at (202) 482–4114 or Robert preliminary determination in an Harmonized Tariff Schedule of the Bolling at (202) 482–3434, AD/CVD United States (‘‘HTSUS’’). This administrative review within 245 days Operations, Office 4, Import after the last day of the anniversary subheading may also cover products Administration, International Trade that are outside the scope of these month of an order or finding for which Administration, U.S. Department of a review is requested. Consistent with investigations. Furthermore, although Commerce, 14th Street and Constitution the HTSUS subheading is provided for section 751(a)(3)(A) of the Act, the Avenue, NW, Washington, DC 20230. convenience and customs purposes, the Department may extend the 245-day SUMMARY: On April 27, 2009, the written description of the scope of this period to 365 days if it is not practicable Department of Commerce (‘‘the investigation is dispositive. to complete the review within a 245-day Department’’) published in the Federal period. Register the notice of initiation of New Investigation Case Number We determine that completion of the antidumping investigation of polyethylene retail carrier bags The investigation number A–552–804 preliminary results of this review within was inadvertently assigned to the the 245-day period is not practicable. (‘‘PRCBs’’) from the Socialist Republic of Vietnam (‘‘Vietnam’’). See antidumping investigation of PRCBs Specifically, we require additional time Polyethylene Retail Carrier Bags from from Vietnam although it was already to thoroughly consider the responses to Indonesia, Taiwan and the Socialist used in a prior anticircumvention the supplemental questionnaires the Republic of Vietnam: Initiation of proceeding on certain tissue paper from Department has sent to the respondent. Antidumping Duty Investigations, 74 FR the People’s Republic of China. See Therefore, we are extending the time 19049 (April 27, 2009) (‘‘Initiation Certain Tissue Paper From the People’s period for issuing the preliminary Notice’’). We are amending the case Republic of China: Affirmative Final results of review by 120 days, in number assigned to the antidumping Determination of Circumvention of the accordance with section 751(a)(3)(A) of investigation of PRCBs from Vietnam Antidumping Duty Order, 73 FR 57591 the Act and 19 CFR § 351.213(h)(2) of from A–552–804 to A–552–806. (October 3, 2008). Because case number the Department’s regulations. Since a SUPPLEMENTARY INFORMATION: A–552–804 has already been assigned to 120-day extension would result in the a different antidumping proceeding, the Scope of Investigation deadline for the preliminary results Department has assigned a new case falling on October 31, 2009, which is a The merchandise subject to this number of A–552–806 to the ongoing Saturday, the new deadline for the investigation is polyethylene retail antidumping investigation of PRCBs preliminary results will be the next carrier bags (‘‘PRCBs’’), which also may from Vietnam. All documents that were business day, November 2, 2009. See be referred to as t–shirt sacks, already submitted in the ongoing PRCBs from Vietnam antidumping Notice of Clarification: Application of merchandise bags, grocery bags, or investigation will have their case ‘‘Next Business Day’’ Rule for checkout bags. The subject merchandise numbers modified to reflect the new Administrative Determination Deadlines is defined as non–sealable sacks and case number (i.e., A–552–806) and no Pursuant to the Tariff Act of 1930, as bags with handles (including drawstrings), without zippers or integral further action is required. All future Amended, 70 FR 24533 (May 10, 2005). extruded closures, with or without documents and submissions should Therefore, the preliminary results are gussets, with or without printing, of refer to the new case number. This now due no later than November 2, polyethylene film having a thickness no notice serves solely to correct the case 2009. The final results continue to be greater than 0.035 inch (0.889 mm) and number as it was listed in the Initiation due 120 days after publication of the no less than 0.00035 inch (0.00889 mm), Notice. The Department’s findings in preliminary results. and with no length or width shorter the Initiation Notice remain unchanged. This notice is published in than 6 inches (15.24 cm) or longer than This notice is issued and published accordance with sections 751(a)(3)(A) 40 inches (101.6 cm). The depth of the pursuant to section 777(i) of the Tariff and 777(i) of the Act. bag may be shorter than 6 inches but not Act of 1930, as amended. longer than 40 inches (101.6 cm). Dated: May 1, 2009. PRCBs are typically provided without Dated: May 1, 2009. John M. Andersen, any consumer packaging and free of John M. Andersen, Acting Deputy Assistant Secretary for charge by retail establishments, e.g., Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty grocery, drug, convenience, department, Antidumping and Countervailing Duty Operations. specialty retail, discount stores, and Operations. [FR Doc. E9–10629 Filed 5–6–09; 8:45 am] restaurants to their customers to [FR Doc. E9–10641 Filed 5–6–09; 8:45 am] BILLING CODE 3510–DS–S package and carry their purchased BILLING CODE 3510–DS–S
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DEPARTMENT OF COMMERCE Extension of Time Limit for the DATES: Consideration will be given to all Preliminary Results of the Antidumping comments received by June 8, 2009. International Trade Administration Duty Administrative Review, 74 FR 9385 Title and OMB Number: Department [A–570–868] (March 4, 2009). of Defense Education Activity (DODEA) The Department now finds that it is Evaluation and Program Surveys— Folding Metal Tables and Chairs from not practicable to complete the Generic; OMB Control Number 0704– the People’s Republic of China: Notice preliminary results of the administrative 0437. of Extension of Time Limit for the review of folding metal tables and chairs Type of Request: Revision. Preliminary Results of the from the PRC within this time limit. Number of Respondents: 2500. Antidumping Duty Administrative Specifically, additional time is needed Responses per Respondent: 1. Review to obtain sales and factors of production Annual Responses: 2500. information for additional products not Average Burden per Response: 25 AGENCY: Import Administration, previously reported as subject to this minutes. International Trade Administration, review. Therefore, in accordance with Annual Burden Hours: 1,041. Department of Commerce. section 751(a)(3)(A) of the Act, the Needs and Uses: The Department of EFFECTIVE DATE: May 7, 2009. Department is now fully extending the Defense Education Activity (DODEA) time period for completion of the has a need to conduct a variety of one- FOR FURTHER INFORMATION CONTACT: time surveys, interviews, and focus Giselle Cubillos or Charles Riggle, AD/ preliminary results of this review to 365 days until June 30, 2009. groups on an as-needed basis. The CVD Operations, Office 8, Import This notice is published in population for these data collections Administration, International Trade accordance with sections 751(a)(3)(A) will be limited to students and parents Administration, U.S. Department of and 777(i) of the Act. of students attending DODEA schools. Commerce, 14th Street and Constitution These information collections are Avenue, NW, Washington, DC 20230; Dated: May 1, 2009. John M. Andersen, necessary to measure DODEA’s progress telephone: (202) 482–1778 or (202) 482– on the goals set forth in the Community 0650, respectively. Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Strategic Plan, and to assess parent and SUPPLEMENTARY INFORMATION: Operations. student input on school policies and Background [FR Doc. E9–10510 Filed 5–6–09; 8:45 am] procedures. These data collections will include, but are not limited to, school BILLING CODE 3510–DS–S On July 30, 2008, the Department of operations and procedures (such as Commerce (‘‘the Department’’) school uniforms, transportation, school published the initiation of the calendar), school facilities, curricular COMMODITY FUTURES TRADING administrative review of the and instructional needs and COMMISSION antidumping duty order on folding effectiveness, programmatic needs and metal tables and chairs from the Sunshine Act Meetings effectiveness, and extra-curricular and People’s Republic of China (‘‘PRC’’). See co-curricular activities. The information Initiation of Antidumping and TIME AND DATE: 2 p.m., Monday, May sought by these data collections will Countervailing Duty Administrative 18, 2009. allow DODEA to quickly have access to Reviews, Request for Revocation in Part, PLACE: 1155 21st St., NW., Washington, the information necessary to determine and Deferral of Administrative Review, DC, 9th Floor Commission Conference overall effectiveness, increase 73 FR 44220 (July 30, 2008). This review Room. efficiency, and obtain valuable input covers the period June 1, 2007, through STATUS: Closed. from parents and students on new and May 31, 2008. The preliminary results existing policies and procedures. Data of review are currently due no later than MATTERS TO BE CONSIDERED: Rule Enforcement Review. collection instruments to include May 1, 2009. burden hours and supporting CONTACT PERSON FOR MORE INFORMATION: Extension of Time Limit for Preliminary Sauntia S. Warfield, 202–418–5084. documentation will be submitted to the Results of Review DOD Clearance Officer and OMB for Sauntia S. Warfield, final approval as they become available. Pursuant to section 751(a)(3)(A) of the Assistant Secretary of the Commission. Affected Public: Individuals or Tariff Act of 1930, as amended (‘‘the [FR Doc. E9–10741 Filed 5–5–09; 4:15 pm] households. Act’’), the Department shall make a BILLING CODE 6351–01–P Frequency: On occasion. preliminary determination in an Respondent’s Obligation: Voluntary. administrative review of an OMB Desk Officer: Ms. Jasmeet antidumping duty order within 245 DEPARTMENT OF DEFENSE Seehra. days after the last day of the anniversary Written comments and month of the date of publication of the Office of the Secretary recommendations on the proposed order. The Act further provides, information collection should be sent to however, that the Department may [Docket No. DoD–2008–OS–0146] Ms. Seehra at the Office of Management extend that 245-day period to 365 days and Budget, Desk Officer for DoD, Room Submission for OMB Review; if it determines it is not practicable to 10236, New Executive Office Building, Comment Request complete the review within the Washington, DC 20503. foregoing time period. ACTION: Notice. You may also submit comments, On March 4, 2009, the Department identified by docket number and title, published a notice extending the time The Department of Defense has by the following method: limit until May 1, 2009, for the submitted to OMB for clearance, the • Federal eRulemaking Portal: http:// preliminary results of this following proposal for collection of www.regulations.gov. Follow the administrative review. See Folding information under the provisions of the instructions for submitting comments. Metal Tables and Chairs from the Paperwork Reduction Act (44 U.S.C. Instructions: All submissions received People’s Republic of China: Notice of Chapter 35). must include the agency name, docket
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number and title for this Federal DEPARTMENT OF DEFENSE Register document. The general policy Register document. The general policy for comments and other submissions for comments and other submissions Department of the Army from members of the public is to make from members of the public is to make [Docket ID: USA–2008–0077] these submissions available for public these submissions available for public viewing on the Internet at http:// viewing on the Internet at http:// Submission for OMB Review; www.regulations.gov as they are www.regulations.gov as they are Comment Request received without change, including any received without change, including any personal identifiers or contact ACTION: personal identifiers or contact Notice. information. DoD Clearance Officer: Ms. Patricia information. The Department of Defense has Toppings. DOD Clearance Officer: Ms. Patricia submitted to OMB for clearance, the Written requests for copies of the Toppings. following proposal for collection of information collection proposal should information under the provisions of the Written requests for copies of the be sent to Ms. Toppings at WHS/ESD/ Paperwork Reduction Act (44 U.S.C. information collection proposal should Information Management Division, 1777 Chapter 35). be sent to Ms. Toppings at WHS/ESD/ North Kent Street, RPN, Suite 11000, DATES: Information Management Division, 1777 Consideration will be given to all Arlington, VA 22209–2133. North Kent Street, RPN, Suite 11000, comments received by June 8, 2009. Dated: April 29, 2009. Title, Form, and OMB Number: Arlington, VA 22209–2133. Patricia L. Toppings, Signature and Tally Record; DD Form Dated: April 29, 2009. 1907; OSD Federal Register, Liaison Officer, Department of Defense. Patricia L. Toppings, OMB Control Number: 0702–0027. Type of Request: Extension. [FR Doc. E9–10488 Filed 5–6–09; 8:45 am] OSD Federal Register Liaison Officer, BILLING CODE 5001–06–P Department of Defense. Number of Respondents: 130. Responses per Respondent: 577. [FR Doc. E9–10489 Filed 5–6–09; 8:45 am] Annual Responses: 75,000. BILLING CODE 5001–06–P Average Burden per Response: 3 DEPARTMENT OF DEFENSE minutes. Department of the Army, Corps of Annual Burden Hours: 3,750. Engineers DEPARTMENT OF DEFENSE Needs and Uses: Signature and Tally Record (STR) is an integral part of the Office of the Secretary Notice of Availability of the Final Defense Transportation System and is Supplemental Environmental Impact Defense Advisory Board for Employer used for commercial movements of all Statement on Rock Mining in the Lake Support of the Guard and Reserve sensitive and classified material. The Belt Region of Miami-Dade County, FL STR provides continuous responsibility (DAB–ESGR) (Lake Belt SEIS) for the custody of shipments in transit and requires each person responsible for AGENCY: U.S. Army Corps of Engineers, AGENCY: Department of Defense. the proper handling of the cargo to sign DoD. ACTION: Notice of open meeting; their name at the time they assume ACTION: Notice of availability. cancellation. responsibility for the shipment, from SUMMARY: The U.S. Army Corps of point of origin, and at specified stages Engineers (USACE) is issuing this notice until delivery at destination. A copy of SUMMARY: The Department of Defense to advise the public that a Final the STR, along with other transportation published an announcement of a open Supplemental Environmental Impact documentation is forwarded by the meeting of the Defense Advisory Board Statement (Final SEIS) has been carrier to the appropriate finance center for Employer Support of the Guard and completed and is available for review for payment. Reserve on April 17, 2009 (74 FR and comment. Affected Public: Business or other for- 17829). The meeting was scheduled for DATES: In accordance with the National May 7, 2009. This meeting has been profit. Frequency: On occasion. Environmental Policy Act (NEPA), we canceled. The meeting will be Respondent’s Obligation: Required to have filed the Final EIS with the U.S. rescheduled and announced at a later obtain or retain benefits. Environmental Protection Agency (EPA) date. OMB Desk Officer: Ms. Jasmeet for publication of their notice of availability in the Federal Register. The FOR FURTHER INFORMATION CONTACT: MAJ Seehra. Written comments and EPA notice officially starts the 30-day Elaine M. Gullotta at 703–696–1385, ext review period for this document. It is 540, or e-mail at recommendations on the proposed information collection should be sent to the goal of the USACE to have this [email protected]. Ms. Seehra at the Office of Management notice published on the same date as the Dated: May 1, 2009. and Budget, Desk Officer for DoD, Room EPA notice. However, if that does not Patricia L. Toppings, 10236, New Executive Office Building, occur, the date of the EPA notice will OSD Federal Register, Liaison Officer, Washington, DC 20503. determine the closing date for Department of Defense. You may also submit comments, comments on the Final EIS. Comments on the Final EIS must be submitted to [FR Doc. E9–10487 Filed 5–6–09; 8:45 am] identified by docket number and title, by the following method: the address below under FOR FURTHER BILLING CODE 5001–06–P • Federal eRulemaking Portal: http:// INFORMATION CONTACT and must be www.regulations.gov. Follow the received no later than 5 p.m. Eastern instructions for submitting comments. Standard Time, Monday, June 8, 2009. Instructions: All submissions received ADDRESSES: The Final EIS can be viewed must include the agency name, docket online at http://www.lakebeltseis.com/. number and title for this Federal Copies of the Final EIS are also available
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for review at the following libraries: SUMMARY: The Acting Director, State, Local, or Tribal Gov’t, SEAs or Doral Branch, Miami-Dade County Information Collection Clearance LEAs. Public Library, 10785 NW. 58th Street, Division, Regulatory Information Reporting and Recordkeeping Hour Doral Florida International Mall Branch, Management Services, Office of Burden: Miami-Dade County Public Library— Management invites comments on the Responses: 58,090. 10315 NW 12th Street, Miami, Florida submission for OMB review as required Burden Hours: 189,136. 33172. by the Paperwork Reduction Act of Abstract: The National Center for FOR FURTHER INFORMATION CONTACT: Ms. 1995. Education Statistics (NCES) is Leah Oberlin, Project Manager, U.S. DATES: Interested persons are invited to requesting an amendment to its three- Army Corps of Engineers, Jacksonville submit comments on or before June 8, year clearance for the Integrated District, 4400 PGA Boulevard, Suite 2009. Postsecondary Education Data System 500, Palm Beach Gardens, Florida ADDRESSES: Written comments should (IPEDS) to run for the 2008–09, 2009– 33410, Telephone: 561–472–3506, Fax: be addressed to the Office of 10, and 2010–2011 web-based data 561–626–6971. Information and Regulatory Affairs, collections. Current authorization for SUPPLEMENTARY INFORMATION: The Attention: Education Desk Officer, IPEDS expires January 31, 2012 (OMB USACE is evaluating proposals to fill Office of Management and Budget, 725 No. 1850–0582). The Higher Education Waters of the United States in 17th Street, NW., Room 10222, New Opportunity Act (HEOA), which became association with limestone mining and Executive Office Building, Washington, law on August 14, 2008, after OMB had related activities in an area of Miami- DC 20503, be faxed to (202) 395–5806 or already granted IPEDS a three-year Dade County known as the Lake Belt. send e-mail to clearance, has several implications for The USACE has analyzed both offsite [email protected]. the IPEDS annual web-based data and onsite alternatives for those that collection. The law requires the could reasonably satisfy the project SUPPLEMENTARY INFORMATION: Section immediate implementation of several purpose, and has carried forward eight 3506 of the Paperwork Reduction Act of new institutional reporting alternatives for mining for further 1995 (44 U.S.C. Chapter 35) requires requirements so that the data may be detailed analysis along with a No- that the Office of Management and made available on the College Navigator Action Alternative (Alternative 1). Budget (OMB) provide interested website by August 2009. To meet these Under the No Action Alternative, Federal agencies and the public an early statutory deadlines, NCES requested mining in the Lake Belt area requiring opportunity to comment on information two amendments to its clearance Department of the Army (DA) permits collection requests. OMB may amend or package from OMB, in order to meet the would not be restarted and the USACE waive the requirement for public August 2009 deadline for several new would not issue any additional DA consultation to the extent that public requirements in the new law. First, a permits for mining in the Lake Belt. participation in the approval process change memo was sent to OMB on Under the other alternatives, mining would defeat the purpose of the August 19, 2008 (known as would be permitted in the Lake Belt information collection, violate State or ‘‘Amendment 1’’). It included a small area in varying degrees for varying Federal law, or substantially interfere number of non-substantive changes to lengths of time. The affected with any agency’s ability to perform its the 2008–09 data collection based on environment is primarily the area statutory obligations. The Acting the new requirements. OMB provided immediately surrounding the Lake Belt Director, Regulatory Information clearance for those changes in a notice area in northern Miami-Dade County. Management Services, Office of on August 26, 2008. Then, NCES Analyses indicate that the Management, publishes that notice submitted a revised clearance package environmental impacts are closely tied containing proposed information (known as ‘‘Amendment 2’’). It included to the number of acres proposed to be collection requests prior to submission a limited number of additional mined, with alternatives proposing the of these requests to OMB. Each substantive changes to spring cycle of largest amount of mining having the proposed information collection, the 2008–09 IPEDS web-based data largest environmental impacts for most grouped by office, contains the collection. OMB provided clearance for of the areas of concern. The primary following: (1) Type of review requested, those changes in a notice on January 16, discriminators are: Natural cover types e.g. new, revision, extension, existing or 2009. and wetlands, habitat units, potential reinstatement; (2) Title; (3) Summary of NCES now requests a third set of impacts to endangered wood storks, the collection; (4) Description of the revisions to the Original Clearance hydrology, water quality, and need for, and proposed use of, the Package to meet additional Higher socioeconomics. A mitigation plan has information; (5) Respondents and Education Opportunity Act (HEOA) been evaluated that could offset many of frequency of collection; and (6) requirements for the collection of data the potential environmental impacts Reporting and/or Recordkeeping related to net price in the 2009–10 and including seepage. burden. OMB invites public comment. 2010–11 data collections (known Dated: April 30, 2009. Dated: May 4, 2009. hereafter as ‘‘Amendment 3’’). These Donald W. Kinard, James Hyler, changes do not affect the 2008–09 data collection now underway. These Deputy Chief, Regulatory Division. Acting Director, IC Clearance Official, changes will allow NCES to make [FR Doc. E9–10611 Filed 5–6–09; 8:45 am] Regulatory Information Management Services, Office of Management. available on the College Navigator BILLING CODE 3710–92–P website data on institutional net prices Institute of Education Sciences and a multi-year tuition calculator. In Type of Review: Revision. addition, we are including a set of DEPARTMENT OF EDUCATION Title: Integrated Postsecondary changes to improve the data already Submission for OMB Review; Education Data System. collected in IPEDS that are based on Comment Request Frequency: Annually. suggestions from the postsecondary Affected Public: Businesses or other education data community and IPEDS AGENCY: Department of Education. for-profit; not-for-profit institutions; Technical Review Panel. These changes
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will improve the reporting of data Absolute Priority: For FY 2009 and package via the Internet or from the related to the new HEOA-mandated any subsequent year in which we make Education Publications Center (ED student-to-faculty ratio, and simplify awards based on the list of unfunded Pubs). To obtain a copy via the Internet, IPEDS reporting and reduce reporting applicants from this competition, this use the following address: http:// burden for nondegree-granting priority is an absolute priority. Under 34 www.ed.gov/fund/grant/apply/grantaps/ institutions. CFR 75.105(c)(3) we consider only index.html. To obtain a copy from ED Requests for copies of the information applications that meet this priority. Pubs, write, fax, or call the following: collection submission for OMB review This priority is: Education Publications Center, P.O. Box may be accessed from http:// Demonstration and Training 1398, Jessup, MD 20794–1398. edicsweb.ed.gov, by selecting the Programs—Braille Training Program Telephone (toll free): 1–877–433–7827. ‘‘Browse Pending Collections’’ link and Grants must be used for the Fax: (301) 470–1244. If you use a by clicking on link number 3947. When establishment or continuation of telecommunications device for the deaf you access the information collection, projects that may provide: (1) (TDD), call, (toll free): 1–877–576–7734. click on ‘‘Download Attachments’’ to Development of braille training You can contact ED Pubs at its Web view. Written requests for information materials; (2) in-service or pre-service site, also: http://www.ed.gov/pubs/ should be addressed to U.S. Department training in the use of braille, the edpubs.html or at its e-mail address: of Education, 400 Maryland Avenue, importance of braille literacy, and [email protected]. SW., LBJ, Washington, DC 20202–4537. methods of teaching braille to youths If you request an application from ED Requests may also be electronically and adults who are blind; or (3) Pubs, be sure to identify this program as mailed to the Internet address activities to promote knowledge and use follows: CFDA number 84.235E. [email protected] or faxed to 202– of braille and nonvisual access Individuals with disabilities can 401–0920. Please specify the complete technology for blind youth and adults obtain a copy of the application package title of the information collection when through a program of training, in an accessible format (e.g., braille, making your request. demonstration, and evaluation large print, audiotape, or computer Comments regarding burden and/or conducted with leadership of diskette) by contacting the person or the collection activity requirements experienced blind individuals, team listed under Accessible Format in should be electronically mailed to including the use of comprehensive, section VIII of this notice. [email protected]. Individuals who state-of-the-art technology. 2. Content and Form of Application use a telecommunications device for the Program Authority: 20 U.S.C. 773(d). Submission: Requirements concerning deaf (TDD) may call the Federal Applicable Regulations: (a) The the content of an application, together Information Relay Service (FIRS) at Education Department General with the forms you must submit, are in 1–800–877–8339. Administrative Regulations (EDGAR) in the application package for this [FR Doc. E9–10636 Filed 5–6–09; 8:45 am] 34 CFR parts 74, 75, 77, 79, 80, 81, 82, competition. Page Limit: The application narrative (Part III of the BILLING CODE 4000–01–P 85, 86, 97, and 99. (b) The regulations for this program in 34 CFR part 373. application) is where you, the applicant, address the selection criteria that Note: The regulations in 34 CFR part 79 DEPARTMENT OF EDUCATION reviewers use to evaluate your apply to all applicants except federally application. You must limit the recognized Indian tribes. Office of Special Education and application narrative (Part III) to the Rehabilitative Services; Overview Note: The regulations in 34 CFR part 86 equivalent of no more than 45 pages, Information; Demonstration and apply to institutions of higher education using the following standards: Training Programs—Braille Training only. • A ‘‘page’’ is 8.5″ x 11″, on one side Program; Notice Inviting Applications only, with 1″ margins at the top, bottom, for New Awards for Fiscal Year (FY) II. Award Information and both sides. • 2009 Type of Award: Discretionary grants. Double space (no more than three Estimated Available Funds: $200,000. lines per vertical inch) all text in the Catalog of Federal Domestic Assistance application narrative, including titles, (CFDA) Number: 84.235E. Estimated Range of Awards: $75,000– $100,000. headings, footnotes, quotations, DATES: Applications Available: May 7, Estimated Average Size of Awards: references, and captions, as well as all 2009. text in charts, tables, figures, and Deadline for Transmittal of $100,000 per each 12-month period. Estimated Number of Awards: 2. graphs. Applications: June 22, 2009. • Use a font that is either 12 point or Deadline for Intergovernmental Note: The Department is not bound by any larger or no smaller than 10 pitch Review: August 20, 2009. estimates in this notice. (character per inch). • Full Text of Announcement Project Period: Up to 60 months. Use one of the following fonts: Times New Roman, Courier, Courier I. Funding Opportunity Description III. Eligibility Information New, or Arial. An application submitted Purpose of Program: This program 1. Eligible Applicants: State agencies in any other font (including Times offers financial assistance to establish and other public or nonprofit agencies Roman or Arial Narrow) will not be projects that will provide training in the and organizations, including accepted. use of braille for personnel providing institutions of higher education. The page limit does not apply to Part vocational rehabilitation services or 2. Cost Sharing or Matching: This I, the cover sheet; Part II, the budget educational services to youth and adults program does not require cost sharing or section, including the narrative budget who are blind. matching. justification; Part IV, the assurances and Priority: In accordance with 34 CFR certifications; or the one-page abstract, 75.105(b)(2)(iv), this priority is from IV. Application and Submission the resumes, the bibliography, or the section 303(d)(2) of the Rehabilitation Information letters of support. However, the page Act of 1973, as amended (29 U.S.C. 1. Address to Request Application limit does apply to all of the application 773(d)(2)). Package: You can obtain an application narrative section (Part III).
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We will reject your application if you e-Application, accessible through the (document), .RTF (rich text), or .PDF exceed the page limit; or if you apply Department’s e-Grants portal page at: (Portable Document) format. If you other standards and exceed the http://e-grants.ed.gov. upload a file type other than the three equivalent of the page limit. We will reject your application if you file types specified in this paragraph or 3. Submission Dates and Times: submit it in paper format unless, as submit a password protected file, we Applications Available: May 7, 2009. described elsewhere in this section, you will not review that material. • Deadline for Transmittal of qualify for one of the exceptions to the Your electronic application must Applications: June 22, 2009. electronic submission requirement and comply with any page limit submit, no later than two weeks before requirements described in this notice. Applications for grants under this the application deadline date, a written • Prior to submitting your electronic program must be submitted statement to the Department that you application, you may wish to print a electronically using the Electronic qualify for one of these exceptions. copy of it for your records. Grants Application System (e- Further information regarding • After you electronically submit Application) available through the calculation of the date that is two weeks your application, you will receive an Department’s e-Grants system. For before the application deadline date is automatic acknowledgment that will information (including dates and times) provided later in this section under include a PR/Award number (an about how to submit your application Exception to Electronic Submission identifying number unique to your electronically, or by mail or hand Requirement. application). delivery if you qualify for an exception While completing your electronic • Within three working days after to the electronic submission application, you will be entering data submitting your electronic application, requirement, please refer to section IV. online that will be saved into a fax a signed copy of the SF 424 to the 6. Other Submission Requirements in database. You may not e-mail an Application Control Center after this notice. electronic copy of a grant application to following these steps: We do not consider an application us. (1) Print SF 424 from e-Application. that does not comply with the deadline Please note the following: (2) The applicant’s Authorizing requirements. • You must complete the electronic Representative must sign this form. Individuals with disabilities who submission of your grant application by (3) Place the PR/Award number in the need an accommodation or auxiliary aid 4:30:00 p.m., Washington, DC time, on upper right hand corner of the hard- in connection with the application the application deadline date. E- copy signature page of the SF 424. process should contact the person listed Application will not accept an (4) Fax the signed SF 424 to the under FOR FURTHER INFORMATION application for this competition after Application Control Center at (202) CONTACT in section VII in this notice. If 4:30:00 p.m., Washington, DC time, on 245–6272. the Department provides an the application deadline date. • We may request that you provide us accommodation or auxiliary aid to an Therefore, we strongly recommend that original signatures on other forms at a individual with a disability in you do not wait until the application later date. connection with the application deadline date to begin the application Application Deadline Date Extension process, the individual’s application process. in Case of e-Application Unavailability: • remains subject to all other The hours of operation of the e- If you are prevented from electronically requirements and limitations in this Grants Web site are 6:00 a.m. Monday submitting your application on the notice. until 7:00 p.m. Wednesday; and 6:00 application deadline date because e- Deadline for Intergovernmental a.m. Thursday until 8:00 p.m. Sunday, Application is unavailable, we will Review: August 20, 2009. Washington, DC time. Please note that, grant you an extension of one business 4. Intergovernmental Review: This because of maintenance, the system is day to enable you to transmit your competition is subject to Executive unavailable between 8:00 p.m. on application electronically, by mail, or by Order 12372 and the regulations in 34 Sundays and 6:00 a.m. on Mondays, and hand delivery. We will grant this CFR part 79. Information about between 7:00 p.m. on Wednesdays and extension if— (1) You are a registered user of e- Intergovernmental Review of Federal 6:00 a.m. on Thursdays, Washington, Application and you have initiated an Programs under Executive Order 12372 DC time. Any modifications to these electronic application for this is in the application package for this hours are posted on the e-Grants Web competition; and competition. site. • You will not receive additional (2)(a) E-Application is unavailable for 5. Funding Restrictions: We reference point value because you submit your 60 minutes or more between the hours regulations outlining funding application in electronic format, nor of 8:30 a.m. and 3:30 p.m., Washington, restrictions in the Applicable will we penalize you if you qualify for DC time, on the application deadline Regulations section in this notice. an exception to the electronic date; or 6. Other Submission Requirements: submission requirement, as described (b) E-Application is unavailable for Applications for grants under this elsewhere in this section, and submit any period of time between 3:30 p.m. competition must be submitted your application in paper format. and 4:30:00 p.m., Washington, DC time, electronically unless you qualify for an • You must submit all documents on the application deadline date. exception to this requirement in electronically, including all information We must acknowledge and confirm accordance with the instructions in this you typically provide on the following these periods of unavailability before section. forms: The Application for Federal granting you an extension. To request a. Electronic Submission of Assistance (SF 424), the Department of this extension or to confirm our Applications. Education Supplemental Information for acknowledgment of any system Applications for grants under the SF 424, Budget Information—Non- unavailability, you may contact either Demonstration and Training Programs— Construction Programs (ED 524), and all (1) the person listed elsewhere in this Braille Training Program competition, necessary assurances and certifications. notice under FOR FURTHER INFORMATION CFDA number 84.235E, must be You must attach any narrative sections CONTACT (see VII. Agency Contact) or (2) submitted electronically using of your application as files in a .DOC the e-Grants help desk at 1–888–336–
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8930. If e-Application is unavailable (2) A legible mail receipt with the Representative and U.S. Senators and due to technical problems with the date of mailing stamped by the U.S. send you a Grant Award Notification system and, therefore, the application Postal Service. (GAN). We may notify you informally, deadline is extended, an e-mail will be (3) A dated shipping label, invoice, or also. sent to all registered users who have receipt from a commercial carrier. If your application is not evaluated or initiated an e-Application. Extensions (4) Any other proof of mailing not selected for funding, we notify you. referred to in this section apply only to acceptable to the Secretary of the U.S. 2. Administrative and National Policy the unavailability of e-Application. Department of Education. Requirements: We identify Exception to Electronic Submission If you mail your application through administrative and national policy Requirement: You qualify for an the U.S. Postal Service, we do not requirements in the application package exception to the electronic submission accept either of the following as proof and reference these and other requirement, and may submit your of mailing: requirements in the Applicable application in paper format, if you are (1) A private metered postmark. Regulations section of this notice. unable to submit an application through (2) A mail receipt that is not dated by We reference the regulations outlining the e-Application system because–– the U.S. Postal Service. the terms and conditions of an award in • You do not have access to the If your application is postmarked after the Applicable Regulations section of Internet; or the application deadline date, we will this notice and include these and other • You do not have the capacity to not consider your application. specific conditions in the GAN. The upload large documents to e- GAN also incorporates your approved Note: The U.S. Postal Service does not application as part of your binding Application; and uniformly provide a dated postmark. Before • No later than two weeks before the commitments under the grant. relying on this method, you should check 3. Reporting: At the end of your application deadline date (14 calendar with your local post office. days or, if the fourteenth calendar day project period, you must submit a final before the application deadline date c. Submission of Paper Applications performance report, including financial falls on a Federal holiday, the next by Hand Delivery. information, as directed by the business day following the Federal If you qualify for an exception to the Secretary. If you receive a multi-year holiday), you mail or fax a written electronic submission requirement, you award, you must submit an annual statement to the Department, explaining (or a courier service) may deliver your performance report that provides the which of the two grounds for an paper application to the Department by most current performance and financial exception prevents you from using the hand. You must deliver the original and expenditure information as directed by Internet to submit your application. If two copies of your application, by hand, the Secretary under 34 CFR 75.118. The you mail your written statement to the on or before the application deadline Secretary may also require more Department, it must be postmarked no date, to the Department at the following frequent performance reports under 34 later than two weeks before the address: U.S. Department of Education, CFR 75.720(c). For specific application deadline date. If you fax Application Control Center, Attention: requirements on reporting, please go to your written statement to the (CFDA Number 84.235E), 550 12th http://www.ed.gov/fund/grant/apply/ Department, we must receive the faxed Street, SW., Room 7041, Potomac Center appforms/appforms.html. statement no later than two weeks Plaza, Washington, DC 20202–4260. 4. Performance Measures: The before the application deadline date. The Application Control Center Government Performance and Results Address and mail or fax your accepts hand deliveries daily between Act (GPRA) of 1993 directs Federal statement to: Theresa DeVaughn, U.S. 8:00 a.m. and 4:30:00 p.m., Washington, departments and agencies to improve Department of Education, 400 Maryland DC time, except Saturdays, Sundays, the effectiveness of programs by Avenue, SW., room 5045, Potomac and Federal holidays. engaging in strategic planning, setting Center Plaza (PCP), Washington, DC Note for Mail or Hand Delivery of Paper outcome-related goals for programs, and 20202–2800. FAX: (202) 245–7593. Applications: If you mail or hand deliver measuring program results against those Your paper application must be your application to the Department— goals. submitted in accordance with the mail (1) You must indicate on the envelope The goal of the Rehabilitation or hand delivery instructions described and—if not provided by the Department—in Services Administration’s (RSA) in this notice. Item 11 of the SF 424 the CFDA number, Demonstration and Training Programs— b. Submission of Paper Applications including suffix letter, if any, of the Braille Training Program is to improve competition under which you are submitting by Mail. the ability of VR service providers or your application; and vocational educators to use braille more If you qualify for an exception to the (2) The Application Control Center will electronic submission requirement, you mail to you a notification of receipt of your effectively in working with youth and may mail (through the U.S. Postal grant application. If you do not receive this adults who are blind. A grantee under Service or a commercial carrier) your grant notification within 15 business days this program must submit information application to the Department. You from the application deadline date, you to allow measurement of project must mail the original and two copies should call the U.S. Department of Education outcomes and performance (34 CFR of your application, on or before the Application Control Center at (202) 245– 373.21). For the Braille Training application deadline date, to the 6288. Program, we are requiring a grantee to Department at the following address: collect information on the number of U.S. Department of Education, V. Application Review Information students who attend the program, the Application Control Center, Attention: Selection Criteria: The selection number of students who graduate from (CFDA Number 84.235E), LBJ Basement criteria for this competition are from 34 the program, and whether graduates Level 1, 400 Maryland Avenue, SW., CFR 75.210 and 34 CFR part 373 and are obtain positions that require braille Washington, DC 20202–4260. listed in the application package. training following completion of the You must show proof of mailing program. VI. Award Administration Information consisting of one of the following: Grantees are required to report (1) A legibly dated U.S. Postal Service 1. Award Notices: If your application annually to RSA on these data using the postmark. is successful, we notify your U.S. RSA Grantee Reporting Form, OMB
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number 1890–0004, an electronic Dated: May 4, 2009. Federal Relay Service (FRS), toll free, at reporting system. Instructions Andrew J. Pepin, 1–800–877–8339. containing annual report requirements Executive Administrator for Special SUPPLEMENTARY INFORMATION: This will be provided to grantees each year Education and Rehabilitative Services. notice of proposed priorities is in prior to the submission of each year’s [FR Doc. E9–10651 Filed 5–6–09; 8:45 am] concert with NIDRR’s Final Long-Range annual report. Grantees are also strongly BILLING CODE 4000–01–P Plan for FY 2005–2009 (Plan). The Plan, encouraged to seek technical guidance which was published in the Federal as needed from RSA staff to ensure they Register on February 15, 2006 (71 FR are meeting specific program goals. DEPARTMENT OF EDUCATION 8165), can be accessed on the Internet at the following site: http://www.ed.gov/ VII. Agency Contact National Institute on Disability and about/offices/list/osers/nidrr/ Rehabilitation Research (NIDRR)— FOR FURTHER INFORMATION CONTACT: policy.html. Disability and Rehabilitation Research Through the implementation of the Theresa DeVaughn, U.S. Department of Projects and Centers Program— Education, Rehabilitation Services Plan, NIDRR seeks to: (1) Improve the Rehabilitation Research and Training quality and utility of disability and Administration, 400 Maryland Avenue, Centers (RRTCs) and Rehabilitation SW., room 5045, PCP, Washington, DC rehabilitation research; (2) foster an Engineering Research Centers exchange of expertise, information, and 20202–2800. Telephone: (202) 245–7321 (RERCs) or by e-mail: [email protected]. training to facilitate the advancement of knowledge and understanding of the If you use TDD, call the Federal Relay Catalog of Federal Domestic Assistance (CFDA) Numbers: 84.133B unique needs of traditionally Service (FRS), toll free, at 1–800–877– underserved populations; (3) determine 8339. Rehabilitation Research and Training Centers and 84.133E Rehabilitation best strategies and programs to improve VIII. Other Information Engineering Research Centers. rehabilitation outcomes for underserved populations; (4) identify research gaps; AGENCY: Office of Special Education and Accessible Format: Individuals with (5) identify mechanisms of integrating Rehabilitative Services, Department of disabilities can obtain this document research and practice; and (6) Education. and a copy of the application package in disseminate findings. an accessible format (e.g., braille, large ACTION: Notice of proposed priorities for One of the specific goals established print, audiotape, or computer diskette) RRTCs and RERCs. in the Plan is for NIDRR to publish all of its proposed priorities, and following by contacting the Grants and Contracts SUMMARY: The Assistant Secretary for public comment, final priorities, Service Team, U.S. Department of Special Education and Rehabilitative annually, in a consolidated notice. Education, 400 Maryland Avenue, SW., Services proposes certain funding Under this approach, NIDRR’s room 5075, PCP, Washington, DC priorities for the Disability and constituents can submit comments at 20202–2550. Telephone: (202) 245– Rehabilitation Research Projects and one time rather than at different times 7363. If you use a TDD, call the FRS, toll Centers Program administered by throughout the year, and NIDRR can free, at 1–800–877–8339. NIDRR. Specifically, this notice move toward a fixed schedule for Electronic Access to This Document: proposes four priorities for RRTCs and competitions and more efficient grant- You can view this document, as well as three priorities for RERCs. The Assistant making operations. This notice proposes all other documents of this Department Secretary may use these priorities for priorities that NIDRR intends to use for published in the Federal Register, in competitions in fiscal year (FY) 2009 RRTC and RERC competitions in FY and later years. We take this action to text or Adobe Portable Document 2009 and possibly later years. However, focus research attention on areas of Format (PDF) on the Internet at the nothing precludes NIDRR from national need. We intend these following site: http://www.ed.gov/news/ publishing additional priorities, if priorities to improve rehabilitation fedregister. needed. Furthermore, NIDRR is under services and outcomes for individuals To use PDF you must have Adobe no obligation to make an award for each with disabilities. Acrobat Reader, which is available free of these priorities. The decision to make at this site. If you have questions about DATES: We must receive your comments an award will be based on the quality using PDF, call the U.S. Government on or before June 8, 2009. of applications received and available Printing Office (GPO), toll free, at 1– ADDRESSES: Address all comments about funding. 888–293–6498; or in the Washington, this notice to Donna Nangle, U.S. Invitation to Comment: We invite you DC, area at (202) 512–1530. Department of Education, 400 Maryland to submit comments regarding this Avenue, SW., Room 6029, Potomac Note: The official version of this document notice. To ensure that your comments Center Plaza (PCP), Washington, DC is the document published in the Federal have maximum effect in developing the 20202–2700. Register. Free Internet access to the official notice of final priorities, we urge you to If you prefer to send your comments edition of the Federal Register and the Code identify clearly the specific proposed by e-mail, use the following address: of Federal Regulations is available on GPO priority that each comment addresses. Access at: http://www.gpoaccess.gov/nara/ [email protected]. We invite you to assist us in index.html. You must include the term ‘‘Proposed complying with the specific Priorities for RRTCs and RERCs’’ and requirements of Executive Order 12866 Delegation of Authority: The Secretary the priority title in the subject line of and its overall requirement of reducing of Education has delegated the authority your electronic message. regulatory burden that might result from to Andrew J. Pepin, Executive FOR FURTHER INFORMATION CONTACT: these proposed priorities. Please let us Administrator for the Office of Special Donna Nangle. Telephone: (202) 245– know of any further ways we could Education and Rehabilitative Services to 7462 or by e-mail: reduce potential costs or increase perform the functions of the Assistant [email protected]. potential benefits while preserving the Secretary for Special Education and If you use a telecommunications effective and efficient administration of Rehabilitative Services. device for the deaf (TDD), call the the program.
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During and after the comment period, Rehabilitation Research and Training comprise the largest diagnostic category you may inspect all public comments Centers (RRTCs) of working-age adults receiving about this notice in room 6029, 550 12th The purpose of the RRTCs is to Supplemental Security Income or Social Street, SW., PCP, Washington, DC, improve the effectiveness of services Security Disability Insurance (Social between the hours of 8:30 a.m. and 4:00 authorized under the Rehabilitation Act Security Administration [SSA], August, 2008; SSA, September, 2008; McAlpine p.m., Washington, DC time, Monday of 1973, as amended, through advanced & Warner, 2001). For individuals with through Friday of each week except research, training, technical assistance, these disabilities who are employed, job Federal holidays. and dissemination activities in general retention is a major challenge (Murphy, Assistance to Individuals with problem areas, as specified by NIDRR. Mullen & Spagnolo, 2005). Disabilities in Reviewing the Such activities are designed to benefit Rulemaking Record: On request we will For individuals with psychiatric rehabilitation service providers, disabilities, there are numerous barriers provide an appropriate accommodation individuals with disabilities, and the or auxiliary aid to an individual with a to obtaining, retaining, and advancing in family members or other authorized meaningful employment. These barriers disability who needs assistance to representatives of individuals with review the comments or other include: The stigma associated with disabilities. In addition, NIDRR intends these disabilities; discrimination; documents in the public rulemaking to require all RRTC applicants to meet record for this notice. If you want to disincentives associated with the loss of the requirements of the General Social Security and Medicaid benefits; schedule an appointment for this type of Rehabilitation Research and Training accommodation or auxiliary aid, please limits on available and effective Centers (RRTC) Requirements priority vocational rehabilitation (VR) services contact the person listed under FOR that it published in a notice of final FURTHER INFORMATION CONTACT. for this population; and ineffective priorities in the Federal Register on collaboration between VR, SSA, mental Purpose of Program: The purpose of February 1, 2008 (72 FR 6132). the Disability and Rehabilitation health agencies, and consumer groups Additional information on the RRTCs (Dew & Alan, 2005; United States Research Projects and Centers Program can be found at: http://www.ed.gov/ is to plan and conduct research, Government Accountability Office, rschstat/research/pubs/res- 2005; New Freedom Commission on demonstration projects, training, and program.html#RRTC. related activities, including Mental Health, 2003). For some international activities, to develop Statutory and Regulatory Requirements individuals with psychiatric disabilities, methods, procedures, and rehabilitation of RRTCs these barriers to employment are technology, that maximize the full compounded by ineffective services for RRTCs must— addressing the unique needs of inclusion and integration into society, • Carry out coordinated advanced employment, independent living, family individuals from racial, cultural, or programs of rehabilitation research; linguistic minorities and individuals support, and economic and social self- • Provide training, including with both mental and physical health sufficiency of individuals with graduate, pre-service, and in-service conditions (Substance Abuse and disabilities, especially individuals with training, to help rehabilitation Mental Health Services Administration, the most severe disabilities, and to personnel more effectively provide 2005; United States Public Health improve the effectiveness of services rehabilitation services to individuals Service Office of the Surgeon General, authorized under the Rehabilitation Act with disabilities; 2001). Research is needed to develop of 1973, as amended. • Provide technical assistance to and advance innovative interventions Program Authority: 29 U.S.C. 762(g), individuals with disabilities, their that address these problems and barriers 764(a), 764(b)(2), and 764(b)(3). representatives, providers, and other facing individuals with psychiatric Applicable Program Regulations: 34 interested parties; disabilities. CFR part 350. • Disseminate informational materials Mental health research funded by Proposed Priorities to individuals with disabilities, their NIDRR and others has led to advances representatives, providers, and other in theory development, measurement In this notice, we are proposing four interested parties; and tools, community-based supports, and priorities for RRTCs and three priorities • Serve as centers of national treatment options for individuals with for RERCs. excellence in rehabilitation research for psychiatric disabilities. One example of For RRTCs, the proposed priorities individuals with disabilities, their an area of research that has led to are: representatives, providers, and other advances in community-based supports • Priority 1—Improved Employment interested parties. and treatment options is research Outcomes for Individuals with Applicants for RRTC grants must also related to supported employment, a VR Psychiatric Disabilities. demonstrate in their applications how intervention that places consumers in • Priority 2—Transition-Age Youth they will address, in whole or in part, integrated job settings and provides on- and Young Adults with Serious Mental the needs of individuals with the-job training and supports, and Health Conditions. disabilities from minority backgrounds. salaries at or above minimum wage. • Priority 3—Improving Measurement Research in this area contributed to the Proposed Priorities of Medical Rehabilitation Outcomes. conclusion that supported employment • Priority 4—Developing Strategies to Proposed Priority 1—Improved is an effective and evidence-based VR Foster Community Integration and Employment Outcomes for Individuals intervention for individuals with Participation for Individuals with With Psychiatric Disabilities psychiatric disabilities (Dew & Alan, Traumatic Brain Injury. 2005; Mueser et al., 2004; New Freedom Background For RERCs, the proposed priorities Commission on Mental Health, 2003). are: Individuals with psychiatric Despite advances in theory • Priority 5—Telerehabilitation. disabilities have one of the lowest rates development, measurement tools, • Priority 6—Telecommunication. of employment of any disability group— community-based supports, and • Priority 7—Cognitive only one in three of these individuals is treatment options for individuals with Rehabilitation. employed (Kaye, 2002). They also psychiatric disabilities, literature in this
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area indicates that evidence-based and America. Final Report. (DHHS individuals from diverse racial, ethnic, promising approaches for improving Publication No. SMA 03–3832). and linguistic backgrounds, and employment outcomes for individuals Rockville, MD: Author. different geographic areas, and Office of the Surgeon General, U.S. Public with psychiatric disabilities are not Health Service, U.S. Department of individuals with multiple disabilities). being incorporated into existing practice Health and Human Services. (2001). (2) Conducting research to identify in an effective and consistent manner Mental health: Culture, race, and barriers to, and facilitators of, effective (Casper & Carloni, 2007, Dew & Alan, ethnicity: A supplement to mental partnerships between State vocational 2005). There is extensive documentation health: A report of the Surgeon General. rehabilitation (VR) agencies, the Social about the need to improve the Rockville, MD: Author. Security Administration, State and local incorporation of research findings in Office of Research, Evaluation, and Statistics, mental health programs, and consumer- mental health service delivery to Office of Retirement and Disability directed programs, and collaborating Policy, Social Security Administration improve outcomes for individuals who (2008, September). Social Security with these entities to develop new receive mental health services (Institute Insurance annual statistical report, 2007. models for effective partnerships. of Medicine, 2001; New Freedom (SSA Publication No. 13–11827). (3) Developing, testing, and validating Commission on Mental Health, 2003; Washington, DC: Author. adaptations of evidence-based Substance Abuse and Mental Health Office of Research, Evaluation, and Statistics, interventions to enhance the Services Administration, 2005). Office of Retirement and Disability effectiveness of those interventions for Further research is needed in order to Policy, Social Security Administration individuals from traditionally address the low employment rate of (2008, August). Annual statistical report underserved groups (e.g., individuals on the Social Security Disability individuals with psychiatric disabilities Insurance program, 2007. (SSA from diverse racial, ethnic, and and to find solutions to the unique Publication No. 13–11826). Washington, linguistic backgrounds, and geographic barriers these individuals face in DC: Author. areas, and individuals with multiple obtaining, retaining and advancing in Substance Abuse and Mental Health Services disabilities). Current evidence-based meaningful employment. This research Administration, U.S. Department of approaches include but are not limited should include a focus on improved Health and Human Services. (2005). to supported employment. models, programs, and interventions, Transforming mental health care in (b) Increased incorporation of America. Federal action agenda: First and increased knowledge translation of steps. (DHHS Publication No. SMA 05– research findings related to employment research findings. 4060.) Rockville, MD: Author. and psychiatric disability into practice or policy. The RRTC must contribute to References U.S. Government Accountability Office. (2005). Vocational rehabilitation: Better this outcome by coordinating with Casper, E.S. & Carloni, C. (2007). Assessing measures and monitoring could improve appropriate NIDRR-funded knowledge the underutilization of supported the performance of the VR program. translation grantees to advance their employment services. Psychiatric (GAO Publication No. 05–865.) work in the following areas: Rehabilitation Journal, 30(3), 182–188. Washington, DC: Author. (1) Developing, evaluating, or Dew, D.W. & Alan, G.M. (Eds.). (2005). Innovative methods for providing VR Proposed Priority implementing strategies to increase utilization of research findings related services to individuals with psychiatric The Assistant Secretary for Special to employment and psychiatric disabilities (Institute on Rehabilitation Education and Rehabilitative Services disability. Issues Monograph No. 30). Washington, proposes a priority for a Rehabilitation DC: The George Washington University, (2) Conducting training, technical Research and Training Center (RRTC) on Center for Rehabilitation Counseling assistance, and dissemination activities Improved Employment Outcomes for Research and Education. to increase utilization of research Individuals with Psychiatric Institute of Medicine. (2001). Crossing the findings related to employment and quality chasm: A new health system for Disabilities. The RRTC must conduct psychiatric disability. the 21st century. Washington, DC: rigorous research, training, technical In addition to contributing to these National Academy Press. assistance, and knowledge translation outcomes, the RRTC must: Kaye, H.S. (2002). Employment and social activities that contribute to improved • Collaborate with state VR agencies participation among people with mental employment outcomes for individuals health disabilities. San Francisco, CA: and other stakeholder groups (e.g., with psychiatric disabilities. Under this National Disability Statistics & Policy consumers, families, advocates, priority, the RRTC must be designed to Forum. clinicians, policymakers, training contribute to the following outcomes: McAlpine, D.D. & Warner, L. (2001). Barriers programs, employer groups, and (a) Improved models, programs, and to Employment Among Persons with researchers) in conducting the work of Mental Illness: A Review of the interventions to enable individuals with the RRTC. Research partners in this Literature. New Brunswick, NJ: Institute psychiatric disabilities to obtain, retain, collaboration must include, but are not for Health. and advance in competitive limited to, the NIDRR-funded RRTC for Mueser, K.T., Clark, R.E., Haines, M., Drake, employment of their choice. The RRTC R.E., McHugo, G.J., Bond, G., et al. Vocational Rehabilitation Research, the must contribute to this outcome by— (2004). The Hartford study of supported (1) Identifying or developing, and Disability Rehabilitation Research employment for persons with severe Project on Innovative Knowledge mental illness. Journal of Consulting and testing, innovative interventions and employment accommodations using Dissemination and Utilization for Clinical Psychology, 72(3), 479–490. Disability and Professional Murphy, A.A., Mullen, M.G., & Spagnolo, scientifically based research (as this A.B. (2005). Enhancing individual term is defined in section 9101(37) of Organizations and Stakeholders, and placement and support: Promoting job the Elementary and Secondary other relevant NIDRR grantees. tenure by integrating natural supports Education Act of 1965, as amended). Proposed Priority 2—Transition-Age and supported education. American These interventions and employment Journal of Psychiatric Rehabilitation, 8, Youth and Young Adults With Serious 37–61. accommodations must include an Mental Health Conditions emphasis on consumer control, peer New Freedom Commission on Mental Health, Background U.S. Department of Health and Human supports, and community living, and Services. (2003). Achieving the promise: address the needs of individuals from The prevalence of serious mental Transforming mental health care in traditionally underserved groups (e.g., health conditions in youth and young
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adults transitioning from adolescence to applicability to programs serving youth social adaptive behavior (Armstrong et adulthood is conservatively estimated to and young adults with SMHC. Based on al., 2003). However, despite previous range from 1 to 3.2 million (Davis, 2003; these recommendations, programs for work concerning youth and young Davis & Vander Stoep, 1997).1 This youth and young adults with SMHC adults with SMHC, there is little prevalence estimate is difficult to should be designed to achieve recovery- scientifically based research calculate largely because diagnostic based outcomes, e.g., employment, demonstrating which interventions are categories applicable to individuals education, and community integration. most likely to overcome the barriers under the age of 18 differ from those In addition, these programs should be described in the prior paragraph, and applicable to adults. As defined by the family- and consumer-guided, i.e., improve transition outcomes for youth Substance Abuse and Mental Health consumers would choose the programs and young adults with SMHC. There is Services Administration (SAMHSA), the and providers to work with them, and even less scientifically based research term ‘‘serious emotional disturbance’’ partner with those providers to develop on the efficacy of interventions for (SED) refers to diagnosable mental, individualized plans of care and to individuals from this target population behavioral, or emotional disorders make funding decisions (New Freedom who come from disadvantaged resulting in functional impairment that Commission on Mental Health, 2003, backgrounds (e.g., backgrounds substantially interferes with major life pp. 28–29). involving foster care, poverty, histories activities in individuals from birth to Previous research has also identified of abuse, or histories of substance age 18 (SAMHSA, 1993). The term a number of interventions that show abuse). ‘‘serious mental illness’’ is used for some promise of improving education comparable disorders in individuals and employment outcomes for youth References aged 18 and older (SAMHSA, 1993). and young adults with SMHC. There is Armstrong, K.J., Dedrick, R.F., & Greenbaum, For this priority, we define the target some evidence, for example, that P.E. (2003). Factors associated with population as individuals between the supported postsecondary education and community adjustment of young adults ages of 14 and 30 who have been supported employment can facilitate with serious emotional disturbance: A diagnosed with either SED or serious positive postsecondary and employment longitudinal analysis. Journal of Emotional and Behavioral Disorders, 11, mental illness, as defined by SAMHSA. outcomes for this population (Cook et al., 2005; Weiss et al., 2004). 66–91. We refer to this target population as Bobier, C. & Warwick, M. (2005). Factors youth and young adults with serious Nevertheless, currently available associated with readmission to mental health conditions (SMHC). The services for this population have a adolescent psychiatric care. Australian best estimate of the prevalence of SMHC number of problems. First, because and New Zealand Journal of Psychiatry, is based on the prevalence rates of SED. interventions are often designed for 39, 600–606. Estimates of the prevalence of SED are either children or adults, the services Cook, J.A., Lehman, A.F., Drake, R., 5 to 9 percent of the population (Davis provided to youth and young adults McFarlane, W.R., Gold, P.B., Leff, H.S., with SMHC frequently are not et al. (2005). Integration of psychiatric & Vander Stoep, 1997). and vocational services: A multisite Making the transition to adulthood is coordinated and are not geared toward successfully transitioning children into randomized, controlled trial of especially challenging for youth and supported employment. American young adults with SMHC. As youth and the adult mental health systems (Davis Journal of Psychiatry, 162, 1948–1956. young adults with SMHC transition to & Sondheimer, 2005). Second, because Davis, M. (2003). Addressing the needs of adulthood, they are at increased risk for service providers are frequently trained youth in transition to adulthood. a variety of negative outcomes, to work either with children or adults, Administration and Policy in Mental including but not limited to arrest, they are not adequately trained to work Health, 30, 495–509. substance abuse, unplanned pregnancy, with youth and young adults with Davis, M. & Koyanagi, C. (2005). Summary of SMHC who are transitioning between Center for Mental Health Services dropping out of school, unemployment, (CMHS) youth transition policy meeting: difficulties in family and peer childhood and adulthood (Davis & Koyanagi, 2005). Under these National Experts Panel. Technical paper relationships, and difficulties with produced by University of Massachusetts independent living (Armstrong et al., conditions, programs and interventions Medical School and the Judge David L. 2003; Jonikas et al., 2003). Individuals are often not well suited to helping this Bazelon Center for Mental Health Law with disabilities transitioning from target population to acquire necessary under contract #280–03–8082 with adolescence to adulthood, particularly skills for independent living, American Institutes of Research which youth and young adults with SMHC, employment, and community was supported by a contract with CMHS of the Substance Abuse and Mental who come from disadvantaged integration, and to maintain those skills in adulthood. In addition, many Health Services Administration. backgrounds (e.g., backgrounds Davis, M. & Sondheimer, D.L. (2005). State involving foster care, poverty, histories programs fail to provide a developmentally appropriate balance child mental health efforts to support of abuse, or histories of substance youth in transition to adulthood. Journal abuse), are at even greater risk for between the need to involve family of Behavioral Health Services & negative outcomes (Bobier & Warwick, members in decision-making and the Research, 32, 27–36. 2005; Geenen et al., 2005; Lubman et al., need for youth and young adults with Davis, M., & Vander Stoep, A. (1997). The 2007; National Council on Disability, SMHC to become independent. transition to adulthood for youth who Previous NIDRR-funded work has 2008). have serious emotional disturbance: documented the needs of this target Developmental transition and young The New Freedom Commission on population and has contributed to the adult outcomes. The Journal of Mental Mental Health (Commission) issued a current knowledge of best practices in Health Administration, 24, 400–427. series of recommendations regarding transition programs for youth and young Deschenes, N. & Clark, H.B. (2001). Best mental health care and its delivery in adults with SMHC (Deschenes & Clark, practices in transition programs for the U.S. (New Freedom Commission on youth with emotional and behavioral 2001; Jonikas et al., 2003). Other Mental Health, 2003) that have difficulties. Focal Point, 15, 14–17. NIDRR-funded research has identified Geenen, S., Powers, L.E., & Lopez-Vasquez, 1 Because this estimate is based on a narrower age factors associated with better A. (2005). Barriers against and strategies range (16–25) than the one specified in this priority, community adjustment for this target for promoting the involvement of we believe it is a conservative estimate. population, such as initial levels of culturally diverse parents in school-
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based transition planning. Journal for meet the needs of youth and young Proposed Priority 3—Improving Vocational Special Needs Education, 27, adults with SMHC using scientifically Measurement of Medical Rehabilitation 4–14. based research (as this term is defined Outcomes Jonikas, J.A., Laris, A., & Cook, J.A. (2003). The passage to adulthood: Psychiatric in section 9101(37) of the Elementary Background rehabilitation service and transition- and Secondary Education Act of 1965, related needs of young adult women as amended). In carrying out this One of the central objectives of with emotional and psychiatric research, the RRTC must utilize NIDRR-funded rehabilitation research is to ‘‘increase the number of validated disorders. Psychiatric Rehabilitation recovery-based outcome measures, new or improved methods for assessing Journal, 27, 114–121. including improved employment, Lubman, D.I., Allen, N.B., Rogers, N., function and health status’’ (NIDRR education, and community integration, Cementon, E., & Bonomor, Y. (2007). The Long-Range Plan, 2005–2009, Executive impact of co-occurring mood and anxiety among youth and young adults with Summary, 2007). To achieve this disorders among substance-abusing SMHC. The RRTC must involve youth objective, state-of-the-art methods of youth. Journal of Affective Disorders, and young adults with SMHC, and their 103, 105–112. measuring medical rehabilitation families or family surrogates, in the outcomes and the personal, clinical, and National Council on Disability (2008). Youth processes of identifying or developing, with Disabilities in the Foster Care environmental factors that shape those System: Barriers to Success and and evaluating, interventions. outcomes are needed. Proposed Policy Solutions. http:// (b) New knowledge about Data collection techniques, such as www.ncd.gov/newsroom/publications/ interventions for youth and young item-response theory and computerized _ 2008/FosterCareSystem Report.html). adults with SMHC who are from dynamic assessment technologies, have New Freedom Commission on Mental Health, disadvantaged backgrounds (e.g., demonstrated great potential for U.S. Department of Health and Human backgrounds involving foster care, increasing the efficiency of data Services. (2003). Achieving the promise: collection and the precision of Transforming mental health care in poverty, abuse, or substance abuse). The America. Final Report. Page 29425. RRTC must contribute to this outcome measuring rehabilitation outcomes DHHS Pub. No. SMA–03–3832. by conducting scientifically based (Ware, 2003). Continued improvements Rockville, MD: Author. research to identify or develop, and in data collection and measurement Substance Abuse and Mental Health Services evaluate effective interventions, for methods will improve the capacity of Administration, U.S. Department of practitioners to measure medical these at-risk youth and young adults Health and Human Services. (1993). rehabilitation outcomes in a wide with SMHC. Final notice. Federal Register, 58 (96), variety of settings and across disability 29425. (c) Improved coordination between groups. Weiss, J., Maddox, D., Vanderwaeerden, M., child and adult mental health services. In the past, NIDRR has funded several & Szilvagyi, S. (2004). The Tri-County The RRTC must contribute to this centers on rehabilitation outcomes Scholars Program: Bridging the clubhouse and community college. outcome by conducting research to measurement and sponsored numerous American Journal of Psychiatric identify and evaluate innovative conferences and symposiums on this Rehabilitation, 7, 281–300. approaches that address financial, topic. A recent NIDRR-funded Post- policy, and other barriers to smooth Acute Rehabilitation Symposium Proposed Priority system integration between the child (Symposium) identified a number of The Assistant Secretary for Special and adult mental health service systems. emerging outcomes measurement topics Education and Rehabilitative Services that require a special focus (Heinemann, (d) Improved capacity building for proposes a priority for a Rehabilitation 2007). service providers. The RRTC must Research and Training Center (RRTC) on One topic the Symposium identified provide training and technical Transition-Age Youth and Young Adults was the measurement of cognitive assistance with a particular emphasis on with Serious Mental Health Conditions functioning. The ability to learn, as well (SMHC). This RRTC must conduct graduate, pre-service, and in-service as to attend to and participate in self- research that contributes to improved training and curriculum development care, are critical cognitive skills transition outcomes for youth and designed to prepare direct service associated with other successful young adults with SMHC, including providers for work with youth and medical rehabilitation outcomes youth and young adults with SMHC young adults with SMHC. (Johnston et al., 2007). Cognition is both from high-risk, disadvantaged (e) Increased translation of findings a rehabilitation outcome in itself (Sayer backgrounds. The research conducted into practice or policy. The RRTC must et al., 2008) and a factor that is related by this RRTC must focus on family and contribute to this outcome by to broader functional and community consumer-guided care. For purposes of coordinating with the RRTC on outcomes for individuals with a wide this priority, the term ‘‘youth and young Vocational Rehabilitation and with variety of disabling conditions (Van adults with SMHC’’ refers to individuals appropriate NIDRR-funded knowledge Baalen, Odding, & Stam, 2008; between the ages of 14 and 30, translation grantees to— Hershkovitz et al., 2007). Improved capacity to measure cognition is needed inclusive, who have been diagnosed (1) Collaborate with State VR agencies (Clohan et al., 2007). Specifically, with either serious emotional and other stakeholder groups (e.g., State improved measures of cognition that disturbance (for individuals under the educational agencies, youth and young age of 18 years) or serious mental illness can be applied across rehabilitation adults with SMHC, families, family (for those 18 years of age or older). populations and settings are needed to surrogates, and clinicians) to develop, Under this priority, the RRTC must improve clinical practice and to assess evaluate, or implement strategies to contribute to the following outcomes: the effectiveness of rehabilitation (a) Improved and developmentally increase utilization of findings in interventions and programs. Current appropriate interventions for youth and programs targeted to youth and young measures of cognition do not adequately young adults with SMHC. The RRTC adults with SMHC; and capture the range of cognitive functions must contribute to this outcome by (2) Conduct dissemination activities among individuals in medical identifying or developing, and to increase utilization of the RRTC’s rehabilitation settings (Hall et al., 1999; evaluating, innovative interventions that findings. Schepers et al., 2006), and do not
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always reflect abilities that are relevant References research. Disability and Rehabilitation, 28(17), 1035–1040. to performing activities in the Bedell, G.M. (2004). Developing a follow-up community (Donovan et al., 2007). Schwartz, C.E., Andresen, E.M., Nosek, M.A., survey focused on participation of & Krahn, G.L. (2007). Response shift The Symposium also identified the children and youth with acquired brain theory: Important implications for measurement of environmental factors injuries after discharge from inpatient measuring quality of life in people with associated with outcomes as a topic in rehabilitation. NeuroRehabilitation, 19, disability. Archives of Physical Medicine need of further investigation. 191–205. and Rehabilitation, 88, 529–536. Environmental factors, such as staffing Clohan, D.B., Durkin, E.M., Hammel, J., Van Baalen, B., Odding, E., & Stam, H. Murray, P., Whyte, J., Dijkers, M., et al. and care practices, differ across settings, (2008). Cognitive status at discharge from (2007). Postacute rehabilitation research the hospital determines discharge and can influence rehabilitation and policy recommendations. Archives treatments and outcomes. Examples of destination in traumatic brain injury of Physical Medicine and Rehabilitation, patients. Brain Injury, 22(1), 25–32. such settings are post-acute care 88, 1535–1541. Ware, J. (2003). Conceptualization and settings, including rehabilitation Craig Hospital Research Department (2001). measurement of health-related quality of facilities, skilled nursing facilities, long- Craig Hospital Inventory of life: Comments on an evolving field. term care hospitals, home health Environmental Factors (CHIEF) Manual, Archives of Physical Medicine and agencies, and outpatient settings. Version 3.0. Englewood, CO: Craig Rehabilitation, 84 (4 Suppl 2): S43–S51. Hospital. World Health Organization (2001). ICF: As with the measurement of cognitive Donovan, N.J., Kendall, D.L., Heaton, S.C., functioning, there has been an increase International Classification of Kwon, S., Velozo, C., & Duncan, P.W. Functioning, Disability and Health. in the amount of research being (2008). Conceptualizing functional Geneva, Switzerland: Author. conducted on the influence of cognition in stroke. Neurorehabilitation environmental factors on medical and Neural Repair, 22(2), 122–135. Proposed Priority rehabilitation outcomes in recent years. Fougeyrollas, P. (1993). Explanatory models The Assistant Secretary for Special of the consequences of disease and For example, research indicates that the Education and Rehabilitative Services environment in which people live is a trauma: The handicap creation process. ICIDH International Network 6. proposes a priority for a Rehabilitation prominent predictor of community Hall, K.M., Cohen, M.E., Wright, J., Call, M., Research and Training Center (RRTC) on integration (Reistetter & Abreu, 2005), & Werner, P. (1999). Characteristics of Measurement of Medical Rehabilitation and that environmental factors such as the Functional Independence Measure in Outcomes. This RRTC must create and the reduction of physical barriers are traumatic spinal cord injury. Archives of implement state-of-the-art measures for associated with community Physical Medicine and Rehabilitation, medical rehabilitation outcomes and participation outcomes for children and 80(11), 1471–1476. identify the cognitive and Heinemann, A.W. (2007). State-of-the-science youth with acquired brain injuries environmental factors that shape those discharged from inpatient rehabilitation on postacute rehabilitation: Setting a research agenda and developing an outcomes. Under this priority, the RRTC (Bedell, 2004). This increasing evidence evidence base for practice and public must be designed to contribute to the that environmental factors are policy, an introduction. Archives of following outcomes: associated with rehabilitation outcomes Physical Medicine and Rehabilitation, (a) New tools and measures that has led to calls for developing health- 88, 1478–1481. facilitate research to promote improved related quality of life measures for Hershkovitz, A., Kalandariov, Z., Hermush, clinical practice in the field of medical individuals with disabilities that V., Weiss, R., & Brill, S. (2007). Factors rehabilitation. The RRTC must consider environmental factors affecting short-term rehabilitation contribute to this outcome by (Schwartz et al., 2007). outcomes of disabled elderly patients with proximal hip fracture. Archives of developing valid and reliable measures There have been some international Physical Medicine and Rehabilitation, of cognitive function for individuals efforts pertaining to the measurement of 88(7), 916–921. who receive post-acute medical the effects of the environment on Johnston, M.V., Graves, D, & Greene, M. rehabilitation, as well as measures to rehabilitation outcomes. The Quebec (2007). The uniform postacute assess environmental factors that affect Model for the Handicap Creation assessment tool: Systematically outcomes among individuals with Process (Fougeyrollas, 1993) was the evaluating the quality of measurement disabilities living in the community. first disability-related taxonomy to offer evidence. Archives of Physical Medicine The RRTC may also develop medical and Rehabilitation, 88, 1505–1512. a classification of environmental factors National Institute on Disability and rehabilitation outcome measures in that influence rehabilitation outcomes. Rehabilitation Research. (2007). Long other areas where a demonstrated need This taxonomy influenced the Range Plan for Fiscal Years 2005–2009: has been identified in the literature. In subsequent inclusion of environmental Executive Summary. http://www.ed.gov/ order to promote efficient collection of factors in the International rschstat/research/pubs/nidrr-lrp-05–09- outcomes data, this RRTC must develop Classification of Functioning, Disability exec-summ.pdf. and apply strategies including item and Health (ICF) (World Health Reistetter, T.A. & Abreu, B.C. (2005). response theory and computer-adaptive- Organization, 2001). The Craig Hospital Appraising evidence on community testing techniques. Measures developed Inventory of Environmental Factors integration following brain injury: A systematic review. Occupational by the RRTC must be designed to (Craig Hospital Research Department, Therapy International, 12, 196–217. improve the capacity of researchers and 2001) is a measurement tool designed to Sayer, N.A., Chiros, C.E., Sigford, B., Scott, practitioners to measure medical implement the ICF’s environmental S., Clothier, B., Pickett, T., et al. (2008). rehabilitation outcomes in a wide factors taxonomy, but is not specifically Characteristics and rehabilitation variety of settings and across disability designed to assess differences across outcomes among patients with blast and groups. rehabilitation settings. Despite the other injuries sustained during the (b) Improved capacity to conduct current research and need in the field, Global War on Terror. Archives of rigorous medical rehabilitation state-of-the-art measures of cognition Physical Medicine and Rehabilitation, outcomes research. The RRTC must 89(1), 163–170. and of environmental factors for use Schepers, V.P., Ketelaar, M., Visser-Meily, contribute to this capacity by providing across medical rehabilitation settings J.M., Dekker, J., & Lindeman, E. (2006). a coordinated and advanced program of and subpopulations have not been Responsiveness of functional health training in medical rehabilitation developed. status measures frequently used in stroke research that is aimed at increasing the
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number of qualified researchers working individuals with TBI and the Neurotrauma, 25, 719–738. in the area of medical rehabilitation effectiveness of interventions to Winkler, D., Unsworth, C., & Sloan, S. (2006). outcomes research. This program must promote CIP for these individuals. For Factors that lead to successful focus on research methodology and example, NIDRR recently funded an community integration following severe outcomes measurement development, initiative to generate a classification traumatic brain injury. Journal of Head and provide for experience in system of medical rehabilitation Trauma Rehabilitation, 21, 8–21. conducting applied research. interventions that will promote effective Proposed Priority (c) Collaboration with relevant CIP research through improving the projects, including NIDRR-sponsored field’s ability to determine the active The Assistant Secretary for Special projects, such as the Disability ingredients of rehabilitative care and Education and Rehabilitative Services Rehabilitation Research Project on carry out effective intervention studies. proposes a priority for a Rehabilitation Classification and Measurement of A TBI-specific classification system Research and Training Center (RRTC) Medical Rehabilitation Interventions, that categorizes individuals according to for Developing Strategies to Foster and other projects identified through the physical characteristics of their Community Integration and consultation with the NIDRR project injury was promoted by a 2007 Participation for Individuals with officer. workshop sponsored by the National Traumatic Brain Injury (TBI). This Institute of Neurological Disorders and RRTC must conduct rigorous research to Proposed Priority 4—Developing Stroke. This classification system will examine barriers to and facilitators of Strategies to Foster Community link physical characteristics of injuries community integration and Integration and Participation for to the brain, with appropriate medical participation (CIP) for individuals with Individuals with Traumatic Brain and rehabilitation interventions TBI; provide training and technical Injury (Saatman et al., 2008). Still needed is a assistance to promote and maximize the Background classification system based on benefits of this research; develop and The Centers for Disease Control and symptoms experienced by individuals validate a symptom-based, clinically Prevention (CDC) report that at least 1.4 with TBI who are living in the and scientifically useful system for million individuals sustain a traumatic community. This classification system classifying individuals with TBI after brain injury (TBI) in the United States can be used to link the post- discharge from inpatient medical or each year (Langlois, Rutland-Brown, & rehabilitation consequences of TBI with rehabilitative care; and develop, Thomas, 2006). A substantial number of CIP-oriented interventions. Such a implement, and evaluate interventions these individuals subsequently have classification will allow practitioners to improve long-term outcomes— low levels of community integration and and researchers to better match including return to work—for participation (CIP) (Gordon et al., 2006). individuals with TBI with specific individuals with TBI. Under this CIP includes: assimilation (the ability to interventions, and to better characterize priority, the RRTC must be designed to fit in with and be accepted by other their study samples. This classification contribute to the following outcomes: individuals in the community); social will also advance CIP research by (a) New knowledge about the full support (being part of a network of increasing comparability of findings range of symptoms of TBI that are family, friends, and acquaintances); across studies, and promoting the experienced by individuals with TBI at occupation (having meaningful and replicability and generalizability of any time after they exit inpatient care productive activity during the main part findings. and re-enter the community. The RRTC of the day); and independent living References must contribute to this outcome by (independence in daily tasks and in developing and empirically validating a Dikmen, S.S., Machamer, J.E., & Temkin, N.R. comprehensive list of the symptoms of making everyday decisions and life (1993). Psychosocial outcomes in choices) (Winkler, Unsworth, & Sloan, patients with moderate to severe head TBI that can exist after inpatient care 2006). injury: 2-year follow-up. Brain Injury, 7, and that have the potential to affect CIP, Although the findings for CIP for 113–124. and provide or develop effective and individuals with TBI vary, research Franulic, A., Carbonell, C.G., Pinto, P., & practical methods for their indicates that the unemployment rate Sepulveda, I. (2004). Psychosocial identification. These symptoms include, among these individuals is 40 to 50 adjustment and employment outcome 2, but are not limited to, the following percent and the rate of social isolation 5 and 10 years after TBI. Brain Injury, 18, categories: neurological (e.g., motor, 119–129. for this group is 50 to 60 percent Gordon, W.A., Zafonte, R., Cicerone, K., sensory, autonomic functions, (Franulic, Carbonell, Pinto, & Cantor, J., Brown, M., Lombard, L., et al. movement disorders, appearance, Sepulveda, 2004). Other long-term CIP (2006). Traumatic brain injury seizures, headaches, visual deficits, consequences for individuals with TBI rehabilitation: State of the science. sleep disorders); medical (e.g., include financial dependence (Dikman, Archives of Physical Medicine and pulmonary, metabolic, nutritional, Machamer, & Temkin, 1993); divorce Rehabilitation, 84, 343–382. gastrointestinal, musculoskeletal, (Lezak, 1995); various forms of Langlois, J.A., Rutland-Brown, W., & Thomas, dermatologic, degenerative disorders K.E. (2006). Traumatic brain injury in incarceration in places such as lockup the United States: Emergency such as Parkinson’s disease and care facilities, State hospitals, and department visits, hospitalizations, and Alzheimer’s disease); cognitive (e.g., prisons; and inability to perform deaths. Atlanta, GA: Centers for Disease memory, attention and concentration, instrumental activities of daily living Control and Prevention, National Center language, perception, executive/front such as driving a car, riding a bus, for Injury Prevention and Control. lobe functions, problem solving, abstract balancing a checkbook, and preparing Lezak, M.D. (1995). Neuropsychological reasoning, poor insight, judgment, meals. assessment. New York: Oxford planning, information processing Over the years, NIDRR has sponsored University Press. organizational skills); and behavioral Saatman, K.E., Duhaime, A–C., Bullock, R., research to promote a methodological Maas, A.I.R., Valadka, A., Manley, G.T., (e.g., aggression, agitation, impaired infrastructure that assists rehabilitation Workshop Scientific Team, et al. (2008). initiation, learning difficulties, researchers in generating knowledge Classification of traumatic brain injury impulsivity, social disinhibition, about the extent of CIP among for targeted therapies. Journal of shallow self awareness, altered sexual
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functioning, mood disorders such as Knowledge Translation Center, State product research and development. depression). agencies and programs that administer a Universal design is ‘‘the design of (b) An improved research range of disability services and products and environments to be usable infrastructure for developing resources, the U.S. Department of by all people, to the greatest extent interventions that facilitate CIP for Veterans Affairs Veterans Health possible, without the need for individuals with TBI. The RRTC must Administration, the U.S. Department of adaptation or specialized design’’ (North contribute to this outcome by— Defense, and related veterans’ service Carolina State University, 1997. http:// (1) Developing a classification system organizations; and www.design.ncsu.edu/cud/about_ud/ for use with individuals with TBI based (2) Establishing and maintaining udprinciplestext.htm). on the symptoms identified in mechanisms for providing technical Additional information on the RERCs paragraph (a) of this priority; assistance to critical stakeholders, such can be found at: http://www.ed.gov/ (2) Maximizing the likelihood that the as researchers, consumers and their rschstat/research/pubs/index.html. classification system developed in (b)(1) family members, clinical practitioners, Proposed Priorities 5, 6, and 7— of this priority will be adopted in TBI service providers, and members of the rehabilitation research and practice by: Rehabilitation Engineering Research community to facilitate the use of Centers (RERCs) on Telerehabilitation obtaining expert input in developing the knowledge generated by the RRTC. classification system; conducting a (Priority 5), Telecommunication comprehensive literature review to Rehabilitation Engineering Research (Priority 6), and Cognitive identify the barriers to CIP that are Centers (RERCs) Rehabilitation (Priority 7) associated with the list of symptoms General Requirements of RERCs Proposed Priority 5—Telerehabilitation developed under paragraph (a) of this priority and the factors that tend to be RERCs carry out research or Background effective in reducing these barriers; demonstration activities in support of Telerehabilitation is the clinical providing a practical validated ‘‘short’’ the Rehabilitation Act of 1973, as application of consultative, version of the classification system that amended, by— preventative, diagnostic, and • can be used when there are time Developing and disseminating therapeutic interventions via two-way constraints; developing, field testing, innovative methods of applying interactive audiovisual linkage and disseminating a comprehensive advanced technology, scientific performed in real time (Scheideman- manual for using the classification achievement, and psychological and Miller et al., 2002). Telerehabilitation system; and providing technical social knowledge to: (a) Solve was primarily developed to provide assistance to the public in the use of the rehabilitation problems and remove equitable access to rehabilitative manual. environmental barriers; and (b) study therapy for individuals who are (c) New interventions to improve the and evaluate new or emerging geographically remote, and physically level of CIP for individuals with TBI. technologies, products, or environments or economically disadvantaged The RRTC must contribute to this and their effectiveness and benefits; or (Theodoros & Russell, 2008). outcome by identifying or developing, • Demonstrating and disseminating: Telerehabilitation has the potential to and then evaluating, specific (a) Innovative models for the delivery of improve rehabilitation care in a cost interventions tied to the classification cost-effective rehabilitation technology efficient manner. Results from Dhurjaty system developed under paragraph services to rural and urban areas; and (b) (2004) demonstrate that (b)(1) of this priority and the barriers other scientific research to assist in telerehabilitation is cost effective and identified in the literature review meeting the employment and benefits many stakeholders, such as conducted under paragraph (b)(2) of this independent living needs of individuals rehabilitation providers, patients, and priority, to improve the CIP of with severe disabilities; and payers. Rehabilitation providers benefit individuals with TBI using • Facilitating service delivery systems from telerehabilitation because it gives scientifically-based research methods. change through: (a) The development, them the ability to see and evaluate These interventions must target evaluation, and dissemination of patients remotely. Remote access to individuals in specific categories of TBI innovative consumer-responsive and patients allows providers to serve more as established by the classification individual- and family-centered models people, thereby increasing their clinical system developed under paragraph for the delivery to both rural and urban productivity and efficiency. Patients (b)(1) of this priority, as well as the areas of innovative, cost-effective benefit from telerehabilitation because barriers to CIP identified pursuant to the rehabilitation technology services; and they do not have to travel to remote literature review conducted under (b) other scientific research to assist in clinics or rehabilitation facilities. paragraph (b)(2) of this priority; and meeting the employment and The use of image-based (d) Improved levels of CIP for independence needs of individuals with telerehabilitation (e.g., individuals with TBI. The RRTC must severe disabilities. videoconferencing); sensor-based contribute to this outcome by— Each RERC must be operated by, or in telerehabilitation (e.g., wearable sensors (1) Developing a systematic plan for collaboration with, one or more for monitoring health and activity); and widespread dissemination of institutions of higher education or one virtual environments and virtual reality informational materials related to the or more nonprofit organizations. telerehabilitation (e.g., immersive Center’s TBI classification system and Each RERC must provide training systems with haptic feedback), has associated interventions to researchers, opportunities, in conjunction with resulted in advances in the fields of individuals with TBI and their family institutions of higher education or physical therapy, speech-language members, clinical practitioners, service nonprofit organizations, to assist pathology, occupational therapy, and providers, and members of the individuals, including individuals with biomedical engineering (Russell, 2007; community. The RRTC must work with disabilities, to become rehabilitation Theodoros & Russell, 2008). For 10 its NIDRR project officer to coordinate technology researchers and years, NIDRR has contributed to these outreach and dissemination of research practitioners. advances by funding research and findings through appropriate venues Each RERC must emphasize the development in telerehabilitation. such as NIDRR’s Model Systems principles of universal design in its Recent outcomes from this NIDRR-
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funded research and development Engineering Society of North America disabilities still remains a problem in include but are not limited to the Press. 2009. To draw more world-wide following: new technologies to enhance Marshall, C.A., Sanderson, P.R., Johnson, attention to this issue, the International a virtual reality telerehabilitation system S.R., Du Bois, B., & Kvedar, J.C. (2006). Telecommunication Union adopted the Considering Class, Culture, and Access that enables clients to assess the in Rehabilitation Intervention Research. theme, ‘‘Connecting Persons with wheelchair accessibility of building In K.J. Hagglund & A.E. Heinemann Disabilities: Information and environments (Yue, Kim, Wang, & (Eds.), Handbook of Applied Disability Communication Technologies (ICT) Hamza, 2007); allowing occupational or and Rehabilitation Research (pp. 26–40). Opportunities for All,’’ for last year’s physical therapy practitioners to New York: Springer. World Telecommunication and provide wheeled mobility and seating Parmanto, B., Saptono, A., Sugiantara, W., Information Society Day, May 17, 2008. interventions to clients in a remote Brienza, D., & Nnaji, B. (2006). In addition, the World Summit on the Information technology infrastructure for Information Society urged member location via interactive secure supporting telerehabilitation. 29th videoconferencing (Schein & Schmeler Annual RESNA Conference Proceedings. States to address the special 2007); an evaluation and comparison of Arlington VA: Rehabilitation requirements of persons with seven instant messenger (IM) systems Engineering Society of North America disabilities in their national e-strategies and remote communication techniques Press. and encouraged the design and for telerehabilitation use (Kim & Russell, T.G. (2007). Physical rehabilitation production of ICT equipment and Fuhrman, 2007); and an information using telemedicine. Journal of services suited to their needs. Telemedicine and Telecare, 13 (5), 217– technology infrastructure (i.e., common For over 10 years, NIDRR has 20. contributed to advances in applications and components that are Scheideman-Miller, C., Clark, P.G., Moorad, generalizable across telerehabilitation A., Post, M.L., Hodge, B.G. & Smeltzer, telecommunications access, applications such as web-conferencing, S. (2003). Efficacy and sustainability of telecommunications standards document sharing, and data sharing) to a telerehabilitation program. development, and emergency support telerehabilitation (Parmanto, Proceedings of the 36th Hawaii notification and communications for Saptono, Sugiantara, Brienza & Nnaji, International Conference on System individuals with disabilities. However, 2006). Sciences. New Brunswick, NJ: Institute individuals with disabilities continue to for Electrical and Electronic Engineers Much of this work has been done on face several barriers to (IEEE). telecommunications access, including a small scale, and further work in this Schein, R.M. & Schmeler, M. (2007). area is needed in order to realize the Telerehabilitation: A proposed the lack of interoperable potential benefits of telerehabilitation innovative approach for rural wheelchair communications—electronics systems on a larger scale. The viability of service delivery. 30th Annual RESNA or items, teletypewriter (TTY) telerehabilitation services in real world Conference Proceedings. Arlington, VA: compatibility issues, inaccessible environments with large patient cohorts Rehabilitation Engineering Society of interfaces, and inaccessible equipment and the broader issues of costs, benefits, North America Press. (National Council on Disability, 2006). Theodoros, D. & Russell, T. (2008). and cost-effectiveness of Better product engineering, increased Telerehabilitation: Current perspectives. industry and community partnerships, telerehabilitation require investigation In Current Principles and Practices of (Russell, 2007). In addition, there are Telemedicine and E-Health, 191–209. access to technology and IP, and issues relating to implementation costs, Washington, DC: IOS press. implementation of standards may help standards, ethics, and reimbursement Yue, J., Kim, J., Wang, Y., & Hamza, H. to alleviate some of the access barriers that may affect the establishment and (2007). The virtual reality to telecommunications systems and advancement of telerehabilitation telerehabilitation system for accessibility products. The use of universal design, of the built environment: feasibility test within large health care systems and i.e., products, services, and facilities of multimedia decision supporting that are designed from their inception to require further investigation (Feist- system, IP camera, and coded targets. Price, 2002; Theodoros & Russell, 2008). be accessible to and usable by the Proceeding of RESNA 30th International greatest range of individuals, regardless Accordingly, NIDRR seeks to fund an Conference, June 2007. RERC on Telerehabilitation to develop of their ability, and without the need for methods, systems, and technologies that Proposed Priority 6— specialized adaptation, may help to support consultative, preventative, Telecommunication ensure that access features are incorporated into telecommunications diagnostic, and therapeutic Background technologies from the outset (National interventions in real time and to address Telecommunication is the extension Council on Disability, 2004). Integrating barriers to successful telerehabilitation of communication over a distance accessibility features into standards and for individuals who have limited local through the electronic transmission of maintaining them as the standards access to comprehensive medical and signals. Internet Protocol (IP) evolve over time may further ensure rehabilitation outpatient services. technologies and emerging telecommunications access for References telecommunications technologies offer individuals with disabilities (Jaeger, several modes of conversation, allow for Dhurjaty, S. (2004). The economics of 2006). Accordingly, NIDRR seeks to telerehabilitation. Telemedicine Journal multiple features in one device, and fund an RERC on Telecommunication to and e-Health, 10(2), 196–199. have the potential to enable phones to research and develop technological Feist-Price, S. (2002, September 22). The use meet the distinct needs of individuals solutions to promote universal access to of telerehabilitation in assistive with disabilities (National Council on telecommunications systems and technology. The Free Library. See http:// Disability, 2006). However, new products including strategies for www.thefreelibrary.com/The use of telecommunications technologies must integrating current accessibility features telerehabilitation in assistive be designed to be accessible and usable into newer generations of technology.-a094078142. Kim, J. & Fuhrman, Y. (2007). Comparison of by individuals with disabilities in order telecommunications systems and web-based videoconferencing systems for for these individuals to fully benefit products. from their use. telerehabilitation applications. 30th References Annual RESNA Conference Proceedings. Access to telecommunications Arlington, VA: Rehabilitation technologies by individuals with International Telecommunication Union.
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(2008). Theme 2008: Connecting Persons environmental control devices, and supports for thinking, remembering and with Disabilities: Information and virtual reality technology (Lopresti et learning. Disability and Rehabilitation, Communication Technologies (ICT) al., 2004; Mechling, 2007). Anecdotal 27(13), 731–739. Opportunities for All. Geneva, Switzerland: Author. See http:// evidence and data from small-scale Proposed Priorities studies show a positive effect of www.itu.int/wtisd/2008/theme.html. The Assistant Secretary for Special cognitive assistive technology on Jaeger, P.T. (2006). Telecommunications Education and Rehabilitative Services policy and individuals with disabilities: learning, communication, independent proposes the following three priorities Issues of accessibility and social living skills acquisition, and the for the establishment of (a) an RERC on inclusion in the policy and research performance of simple work-related agenda. Telecommunications Policy, 30, Telerehabilitation; (b) an RERC on tasks (Agran et al., 2005; Man et al., Telecommunication; and (c) an RERC on 112–124. 2006; Riffel et al., 2005). Larger, scaled- National Council on Disability (2004). Design Cognitive Rehabilitation. Within its for Inclusion: Creating a New up studies are needed in the area of designated priority research area, each Marketplace—Industry White Paper. cognitive assistive technology. In RERC will focus on innovative Publication date: October 28, 2004. addition, further work is needed to technological solutions, new Washington, DC: Author. ensure that features of cognitive knowledge, and concepts that will National Council on Disability (2006). The assistive technology that support Need for Federal Legislation and improve the lives of individuals with individuals with disabilities are fully disabilities. Regulation Prohibiting integrated and maintained in technology Telecommunications and Information (a) RERC on Telerehabilitation Services Discrimination. Publication design and can be applied in vocational (Priority 5). Under this priority, the date: December 19, 2006. Washington, rehabilitation settings, career RERC must conduct research on and DC: Author. development programs, postsecondary develop methods, systems, and education facilities, and places of work. technologies that support consultative, Proposed Priority 7—Cognitive Accordingly, NIDRR seeks to fund an Rehabilitation preventative, diagnostic and therapeutic RERC on Cognitive Rehabilitation to interventions in real time and address Background research, develop, and evaluate the barriers to successful Cognitive disabilities affect more than innovative technologies and approaches telerehabilitation for individuals who 20 million individuals in the United that will improve the ability of have limited local access to States today (Scherer, 2005). The term individuals with cognitive disabilities to comprehensive medical and ‘‘cognitive disabilities’’ describes a function independently within their rehabilitation outpatient services. The range of symptoms and conditions that homes, communities, and workplaces. RERC must contribute to the continuing are associated with intellectual References development of a telerehabilitation functions and abilities such as infrastructure and architecture, conduct Agran, M., Sinclair, T., Alper, S., Cavin, M., difficulties in learning, memorizing, Wehmeyer, M., & Hughes, C. (2005). research and development projects on information processing, problem Using self-monitoring to increase technologies that can be used to deliver solving, communication, and the ability following-direction skills of students telerehabilitation services, address the to adapt to environmental demands due with moderate to severe disabilities in barriers to successful telerehabilitation to orientation difficulties, problems general education. Education and to individuals who have limited access with recognizing and responding to Training in Developmental Disabilities, to rehabilitation services, participate in social cues, and more. The underlying 40, 3–13. the development of telerehabilitation causes of cognitive disabilities are Bodine, C. (2005). Cognitive impairments, information technology systems and the standards, and contribute, by means of numerous and include developmental workplace. Accessibility and Computing, research and development, to the use of disabilities, acquired brain injuries, 83, 25–29. telerehabilitation on a larger scale. stroke, Alzheimer’s disease, and severe Lopresti, E.F., Mihailidis, A., & Kirsch, N. (b) RERC on Telecommunication mental illness (Bodine, 2005). (2004). Assistive technology for cognitive (Priority 6). Under this priority, the Individuals with cognitive disabilities rehabilitation: State of the art. RERC must research and develop need assistance with performing a wide Neuropsychological Rehabilitation, 14(1/ technological solutions to promote range of tasks and activities in daily life. 2), 5–39. universal access to telecommunications While such assistance is provided Man, D.W., Soong, W.Y., Tam, S.F., & Hui- Chan C.W. (2006). A randomized clinical systems and products, including largely by family members and care trial study on the effectiveness of a tele- strategies for integrating current givers, clinicians, researchers, and analogy-based problem-solving program accessibility features into newer rehabilitation engineers are developing for people with acquired brain injury generations of telecommunications technological products and (ABI). NeuroRehabilitation, 21(3), 205– systems and products. The RERC must interventions that assist individuals 217. contribute to the continuing with cognitive disabilities with learning, Mechling, L.C. (2007). Assistive technology development of interoperable memorizing, communicating, as a self-management tool for prompting telecommunications systems, items, and performing tasks and activities at home students with intellectual disabilities to initiate and complete daily tasks: A assistive technologies; conduct research and work, and getting around in the literature review. Education & Training and development projects that enable community (cognitive assistive in Developmental Disabilities, 42(3), access to emerging telecommunications technology). Cognitive assistive 252–269. technologies; address the barriers to technology has become more affordable Riffel, L.A., Wehmeyer, M.L., Turnbull, A.P., successful telecommunication, and more widespread, and NIDRR has Lattimore, J., Davies, D., Stock, S., et al. including emergency communications contributed to the research and (2005). Promoting independent access; and participate in the development of cognitive assistive performance of transition-related tasks development of telecommunications technology for five years. Examples of using a palmtop PC-based self-directed visual and auditory prompting system. standards. this type of technology include learning Journal of Special Education (c) RERC on Cognitive Rehabilitation software, handheld data assistants, user Technology, 20(2), 5–14. (Priority 7). Under this priority, the interfaces designed especially for Scherer, M.J. (2005). Assessing the benefits of RERC must research and develop individuals with cognitive disabilities, using assistive technologies and other methods, systems, and technologies that
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will improve: existing assistive developed in the first year of the project Invitational priority: Under an technology for cognition; the integration period in consultation with the NIDRR- invitational priority, we are particularly of assistive technology for cognition into funded Disability Rehabilitation interested in applications that meet the assistive technology design; and the Research Project, Center on Knowledge priority. However, we do not give an application of this technology in Translation for Technology Transfer. application that meets the priority a vocational rehabilitation settings, career In addition, under each priority, the preference over other applications (34 development programs, postsecondary RERC must— CFR 75.105(c)(1)). education facilities, and places of work. • Have the capability to design, build, Final Priorities: We will announce the The RERC must contribute to the and test prototype devices and assist in final priorities in one or more notices in development and testing of assistive the transfer of successful solutions to the Federal Register. We will determine technology products that enhance relevant production and service delivery the final priorities after considering cognitive functions needed to perform settings; responses to this notice and other daily tasks and activities at home, • Evaluate the efficacy and safety of information available to the Department. school, work, and in the community; its new products, instrumentation, or This notice does not preclude us from and to the development, testing, and assistive devices; proposing additional priorities, implementation of cognitive assistive • Provide as part of its proposal, and requirements, definitions, or selection technology training programs and then implement, a plan that describes criteria, subject to meeting applicable materials for professional use as well as how it will include, as appropriate, rulemaking requirements. for consumer use. individuals with disabilities or their Note: This notice does not solicit representatives in all phases of its RERC Requirements applications. In any year in which we choose activities, including research, to use one of more of these priorities, we Under each priority, the RERC must development, training, dissemination, invite applications through a notice in the be designed to contribute to the and evaluation; Federal Register. • following outcomes: Provide as part of its proposal, and Executive Order 12866: This notice (1) Increased technical and scientific then implement, in consultation with has been reviewed in accordance with knowledge base relevant to its the NIDRR-funded National Center for Executive Order 12866. Under the terms designated priority research area. The the Dissemination of Disability Research of the order, we have assessed the RERC must contribute to this outcome (NCDDR), a plan to disseminate its potential costs and benefits of this by conducting high-quality, rigorous research results to individuals with proposed regulatory action. research and development projects. disabilities, their representatives, The potential costs associated with (2) Innovative technologies, products, disability organizations, service this proposed regulatory action are environments, performance guidelines, providers, professional journals, those resulting from statutory and monitoring and assessment tools manufacturers, and other interested requirements and those we have applicable to its designated priority parties; determined as necessary for research area. The RERC must • Conduct a state-of-the-science administering this program effectively contribute to this outcome through the conference on its designated priority and efficiently. development and testing of these research area in the fourth year of the In assessing the potential costs and innovations. project period, and publish a benefits—both quantitative and (3) Improved research capacity in its comprehensive report on the final qualitative—of this proposed regulatory designated priority research area. The outcomes of the conference in the fifth action, we have determined that the RERC must contribute to this outcome year of the project period; and benefits of the proposed priorities by collaborating with the relevant • Coordinate research projects with justify the costs. industry, professional associations, and other relevant projects, including Discussion of costs and benefits: institutions of higher education. NIDRR-funded projects, as identified The benefits of the Disability and (4) Improved focus on cutting edge through consultation with the NIDRR Rehabilitation Research Projects and developments in technologies within its project officer. Centers Programs have been well designated priority research area. The Types of Priorities: established over the years in that similar RERC must contribute to this outcome When inviting applications for a projects have been completed by identifying and communicating with competition using one or more successfully. These proposed priorities NIDRR and the field regarding trends priorities, we designate the type of each will generate new knowledge and and evolving product concepts related priority as absolute, competitive technologies through research, to its designated priority research area. preference, or invitational through a development, dissemination, utilization, (5) Increased impact of research in the notice in the Federal Register. The and technical assistance projects. designated priority research area. The effect of each type of priority follows: Another benefit of these proposed RERC must contribute to this outcome Absolute priority: Under an absolute priorities is that the establishment of by providing technical assistance to priority, we consider only applications new RRTCs and new RERCs will public and private organizations, that meet the priority (34 CFR improve the lives of individuals with individuals with disabilities, and 75.105(c)(3)). disabilities. The RRTCs and RERCs will employers on policies, guidelines, and Competitive preference priority: generate, disseminate, and promote the standards related to its designated Under a competitive preference priority, use of new information that will priority research area. we give competitive preference to an improve the options for individuals (6) Increased transfer of RERC- application by (1) awarding additional with disabilities to perform regular developed technologies to the points, depending on the extent to activities in the community. marketplace. The RERC must contribute which the application meets the priority Intergovernmental Review: to this outcome by developing and (34 CFR 75.105(c)(2)(i)); or (2) selecting This program is not subject to implementing a plan for ensuring that an application that meets the priority Executive Order 12372 and the all technologies developed by the RERC over an application of comparable merit regulations in 34 CFR part 79. are made available to the public. The that does not meet the priority (34 CFR Accessible Format: Individuals with technology transfer plan must be 75.105(c)(2)(ii)). disabilities can obtain this document in
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an accessible format (e.g., braille, large collection described below to the Office FOR FURTHER INFORMATION CONTACT: print, audiotape, or computer diskette) of Management and Budget (OMB) for Ellen Brown may be reached by by contacting the Grants and Contracts review of the information collection telephone at (202) 502–8663, by fax at Services Team, U.S. Department of requirements. Any interested person (202) 273–0873, and by e-mail at Education, 400 Maryland Avenue, SW., may file comments directly with OMB [email protected]. room 5075, PCP, Washington, DC and should address a copy of those SUPPLEMENTARY INFORMATION: The 20202–2550. Telephone: (202) 245– comments to the Commission as information collected under the 7363. If you use a TDD, call the FRS, explained below. The Commission requirements of FERC–725 toll-free, at 1–800–877–8339. received no comments in response to (‘‘Certification of Electric Reliability Electronic Access to This Document: the Federal Register notice (74FR 6861, Organization; Procedures for Electric You may view this document, as well as 2/11/2009) and has made this notation Reliability Standards’’ (OMB Control all other Department of Education in its submission to OMB. No. 1902–0225)) is used by the documents published in the Federal DATES: Comments on the collection of Commission to implement the statutory Register, in text or Adobe Portable information are due by June 5, 2009. provisions of Title XII, subtitle A of the Document Format (PDF) on the Internet Energy Policy Act of 2005 (EPAct ADDRESSES: Address comments on the at the following site: http://www.ed.gov/ 2005).1 news/fedregister. collection of information to the Office of The Electricity Modernization Act of To use PDF you must have Adobe Management and Budget, Office of 2005 was enacted into law as part of the Acrobat Reader, which is available free Information and Regulatory Affairs, Energy Policy Act of 2005 on August 8, at this site. If you have questions about Attention: Federal Energy Regulatory 2005. Subtitle A of the Electricity using PDF, call the U.S. Government Commission Desk Officer. Comments to Modernization Act amended the Federal Printing Office (GPO), toll free, at 1– OMB should be filed electronically, c/o __ Power Act (FPA) by adding a new 888–293–6498; or in the Washington, oira [email protected] and section 215, titled ‘‘Electric Reliability.’’ DC, area at (202) 512–1530. include OMB Control Number 1902– Section 215 of the FPA buttresses the 0225 as a point of reference. The Desk Note: The official version of this document Commission’s efforts to strengthen the is the document published in the Federal Officer may be reached by telephone at reliability of the interstate grid through Register. Free Internet access to the official 202–395–4638. the granting of new authority to provide edition of the Federal Register and the Code A copy of the comments should also for a system of mandatory Reliability of Federal Regulations is available on GPO be sent to the Federal Energy Regulatory Standards developed by the Electric Access at: http://www.gpoaccess.gov/nara/ Commission and should refer to Docket Reliability Organization (ERO) 2 and index.html. No. IC09–725–001. Comments may be reviewed and approved by FERC. Delegation of Authority: The Secretary filed either electronically or in paper On February 3, 2006, the Commission of Education has delegated authority to format. Those persons filing issued Order No. 672 3 certifying a Andrew J. Pepin, Executive electronically do not need to make a single Electric Reliability Organization Administrator for the Office of Special paper filing. Documents filed (ERO) to oversee the reliability of the Education and Rehabilitative Services to electronically via the Internet must be United States’ portion of the perform the functions of the Assistant prepared in an acceptable filing format interconnected North American Bulk- Secretary for Special Education and and in compliance with the Federal Power System, subject to Commission Rehabilitative Services. Energy Regulatory Commission oversight. The Reliability Standards Dated: May 4, 2009. submission guidelines. Complete filing apply to all users, owners and operators instructions and acceptable filing Andrew J. Pepin, of the Bulk-Power System. The formats are available at http:// Commission has the authority to: (1) Executive Administrator for Special www.ferc.gov/help/submission-guide/ Education and Rehabilitative Services. Approve all ERO actions, (2) order the electronic-media.asp. To file the ERO to carry out its responsibilities [FR Doc. E9–10653 Filed 5–6–09; 8:45 am] document electronically, access the under these statutory provisions, and BILLING CODE 4000–01–P Commission’s Web site and click on (3), as appropriate, independently Documents & Filing, E-Filing (http:// enforce Reliability Standards. www.ferc.gov/docs-filing/efiling.asp), Once certified, the ERO must submit DEPARTMENT OF ENERGY and then follow the instructions for each proposed Reliability Standard to each screen. First time users will have the Commission for approval. Only a Federal Energy Regulatory to establish a user name and password. Reliability Standard approved by the Commission The Commission will send an automatic Commission is enforceable under [Docket No. IC09–725–001] acknowledgement to the sender’s e-mail section 215 of the FPA. address upon receipt of comments. The ERO may delegate its Commission Information Collection For paper filings, an original and 2 enforcement responsibilities to a Activities (FERC–725); Comment copies of the comments should be Request; Submitted for OMB Review submitted to the Federal Energy 1 Energy Policy Act of 2005, Public Law 109–58, 119 Stat. 594 (2005) (codified at 42 U.S.C. 16451, April 30, 2009. Regulatory Commission, Secretary of the et seq.) AGENCY: Federal Energy Regulatory Commission, 888 First Street, NE., 2 ‘‘Electric Reliability Organization’’ or ‘‘ERO’’ Commission. Washington, DC 20426, and should refer means the organization (certified by the to Docket No. IC09–725–001. Commission) established for the purpose of ACTION: Notice. developing and enforcing Reliability Standards for All comments may be viewed, printed the Bulk-Power System, subject to Commission SUMMARY: In compliance with the or downloaded remotely via the Internet review. requirements of section 3507 of the through FERC’s homepage using the 3 Rules Concerning Certification of the Electric Paperwork Reduction Act of 1995, 44 ‘‘eLibrary’’ link. For user assistance, Reliability Organization; and Procedures for the Establishment, Approval, and Enforcement of U.S.C. 3507, the Federal Energy contact [email protected] or Electric Reliability Standards ¶ 31,204 71 FR 8662 Regulatory Commission (Commission) toll-free at (866) 208–3676 or for TTY, (2006) Order on reh’g, 71 FR 19,814 (2006), FERC has submitted the information contact (202) 502–8659. Statutes and Regulations ¶ 31,212 (2006).
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Regional Entity (RE). Delegation is approving access to electric The Electricity Modernization Act of effective only after the Commission transmission or distribution facilities 2005 buttresses the Commission’s efforts approves the delegation agreement. A located on lands within the United to strengthen the interstate transmission Regional Entity may also propose a States will, in accordance with grid through the granting of authority Reliability Standard to the ERO for applicable law, expedite any federal pursuant to section 215 of the FPA submission to the Commission for agency approvals that are necessary to which provides for a system of approval. This Reliability Standard may allow the owners or operators of these mandatory reliability rules developed be either for application to the entire facilities to comply with a FERC- by the ERO, established by the interconnected Bulk-Power System or approved Reliability Standard that Commission, and enforced by the for application only within its own pertains to vegetation management, Commission, subject to Commission region. electric service restoration, or resolution review. The ERO or a Regional Entity must of situations that imminently endanger monitor compliance with the Reliability the reliability or safety of the facilities. A submission of the information is Standards. It will direct a user, owner or Order No. 672 set forth the criteria necessary for the Commission to carry operator of the Bulk-Power System that that an ERO applicant must satisfy to out its responsibilities under EPAct violates a Reliability Standard to qualify as the ERO, including the ability 2005.5 The Commission implements its comply with the Reliability Standard. to develop and enforce Reliability responsibilities through the Code of The ERO or Regional Entity may impose Standards.4 The ERO submission must Federal Regulations, 18 CFR Part 39. a penalty on a user, owner or operator include an evaluation of the These filing requirements are for violating a Reliability Standard, effectiveness of each Regional Entity. mandatory. subject to review by, and appeal to, the The Commission will, as part of its Action: The Commission is requesting Commission. assessment of the ERO’s performance, a three-year extension of the current Subtitle A of the Electricity assess the performance of each Regional expiration date, with no change to the Modernization Act of 2005 also includes Entity and issue an order addressing existing reporting requirements in 18 two reliability-related provisions that Regional Entity compliance. If a CFR Part 39. are not part of section 215 of the FPA. Regional Entity fails to comply Section 1211(b) of the Act provides that adequately with the Commission order, Burden Statement: Based on the ERO certified by the Commission, as the Commission may institute a additional information from the ERO well as Regional Entities, are not proceeding to enforce its order, and staff, the burden and cost estimates departments, agencies or including, if necessary and appropriate, provided in the 60-day Notice have been instrumentalities of the United States a proceeding to consider rescission of revised. The estimated annual public Government. Section 1211(c) provides the Commission’s approval of the reporting burden and cost for FERC–725 that federal agencies responsible for Regional Entity’s delegation agreement. follow.
6 Est. annual Est. annual FERC–725 FTE burden (hrs.) cost ($)
Annual Costs for NERC 3 Year Self Assessment (Due 7/09) 7 ...... Contractor .... 7 3.33 7 3,266.67 7 $350,000 (ERO). Reliability Reporting Estimate 8 ...... Internal ...... 1.5 2,940 210,663 Estimate ...... Software ...... 0 0 75,000 Audits, spot checks, self certifications, peri- ...... 41,437 2,797,821 odic data submittals, investigations, & mitigation plan confirmation (under 18 CFR 39.11) 8.
Total Est. Annual Costs for NERC (ERO) ...... 4.83 47,643.67 3,433,484 Annual Costs 9 for Regional Reliability Reporting Estimate ...... Internal ...... 4.5 8,820 519,840 Entities (RE). Estimate ...... Software ...... 0 0 225,000 Audits, spot checks, self certifications, peri- ...... 208,060 11,555,332 odic data submittals, investigations, & mitigation plan confirmation (under 18 CFR 39.11) 9.
Total Est. Annual Costs for Regional Entities ...... 4.5 216,880 12,300,172 Annual Costs for Registered Audits, spot checks, self certifications, peri- ...... 707,781 43,656,818 Entities 10. odic data submittals, investigations, & mitigation plan confirmation (under 18 CFR 39.11).
Total Est. Annual Costs for Registered Entities ...... 9.33 707,781 43,656,818
4 The criteria stated in the Final Rule track the The burden and cost estimates for FERC–725 do Protection; OMB No. 1902–0248), FERC–725D statutory criteria for ERO certification provided in not include compliance with the Reliability (Facilities Design, Connections and Maintenance section 215(c) of the FPA. Standards. The reporting requirements (and the Reliability Standards; OMB No. 1902–0247), FERC– 5 42 U.S.C. 16451 et seq. associated burden and cost) related to the 725E (Mandatory Reliability Standards for the Reliability Standards are cleared separately in other Western Electric Coordinating Council; OMB No. 6 The burden and cost estimates do not include collections, including: FERC–725A (Mandatory 1902–0246), and FERC–725F (Mandatory Reliability the cost of applying to become the ERO because that Reliability Standards for the Bulk-Power System; Standard for Nuclear Plant Interface Coordination; application process and the resulting FERC OMB No. 1902–0244), FERC–725B (Mandatory OMB No. 1902–0249). This Notice requests selection have been completed. Reliability Standards for Critical Infrastructure comments on only the FERC–725.
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6 Est. annual Est. annual FERC–725 FTE burden (hrs.) cost ($)
Total Estimated Annual Burden & Cost ...... 972,304.67 59,390,474
The reporting burden includes the the agency’s estimates of the burden of [email protected] or call total time, effort, or financial resources the proposed collection of information, toll-free, (886) 208–3676 or TTY, (202) expended to generate, maintain, retain, including the validity of the 502–8659. disclose, or provide the information methodology and assumptions used; (3) Specifically, Bison proposes including: (1) Reviewing instructions; ways to enhance the quality, utility and approximately 302 miles of 30-inch (2) developing, acquiring, installing, and clarity of the information to be diameter pipeline, one 4,700 utilizing technology and systems for the collected; and (4) ways to minimize the horsepower compressor station, two purposes of collecting, validating, burden of the collection of information meter stations and other appurtenant verifying, processing, maintaining, on those who are to respond, including facilities designed to move 477 MMcf/ disclosing and providing information; the use of appropriate automated, d of natural gas. As a new pipeline (3) adjusting the existing ways to electronic, mechanical, or other company, Bison also requests blanket comply with any previously applicable technological collection techniques or certificates pursuant to sections 284.211 instructions and requirements; (4) other forms of information technology, and 157.204 of the Commission’s training personnel to respond to a e.g. permitting electronic submission of collection of information; (5) searching responses. regulations as well as approval of its data sources; (6) completing and attached Pro Forma Tariff. Bison states reviewing the collection of information; Kimberly D. Bose, that the project will cost an estimated and (7) transmitting, or otherwise Secretary. $609.6 million and the proposed in- disclosing the information. [FR Doc. E9–10518 Filed 5–6–09; 8:45 am] service date of the facilities is November The estimate of cost for respondents BILLING CODE 6717–01–P 15, 2010. is based upon salaries for professional Any questions regarding the and clerical support, as well as direct application are to be directed to Bambi DEPARTMENT OF ENERGY and indirect overhead costs. Direct costs Heckerman, Agent and Attorney-in-Fact, include all costs directly attributable to TransCanada Northern Border Inc., providing this information, such as Federal Energy Regulatory Commission 13710 FNB Parkway, Omaha, NE administrative costs and the cost for 68154–5200, phone (402) 492–7575 or information technology. Indirect or [Docket Nos. CP09–161–000; PF08–23–000] by fax (402) 492–7492. overhead costs are costs incurred by an organization in support of its mission. Bison Pipeline LLC; Notice of On June 4, 2008, the Commission staff These costs apply to activities which Application granted Bison’s request to utilize the benefit the whole organization rather Pre-Filing Process and assigned Docket than any one particular function or April 30, 2009. No. PF08–23–000 to staff activities activity. Take notice that on April 20, 2009, involving the Bison Pipeline Project. Comments are invited on: (1) Whether Bison Pipeline LLC (Bison), 13710 FNB Now as of the filing the April 20, 2008 the proposed collection of information Parkway, Omaha, Nebraska 68154 filed application, the Pre-Filing Process for is necessary for the proper performance in the above referenced docket an this project has ended. From this time of the functions of the Commission, application pursuant to section 7(c) of forward, this proceeding will be including whether the information will the NGA and part 157 of the conducted in Docket No. CP09–161– have practical utility; (2) the accuracy of Commission’s regulations, for a 000, as noted in the caption of this certificate of public convenience and Notice. 7 Per Order 672, the ERO will undergo a authorizing the construction, ownership performance assessment three years after and operation of a new pipeline, a new There are two ways to become certification (July 2009) and every five years compressor station and other involved in the Commission’s review of thereafter. Therefore, the total figures for FTE (10), this project. First, any person wishing to burden hrs. (9,800), and cost ($1,050,000) appurtenant facilities designed to associated with doing the self-assessment have been transport approximately 477 million obtain legal status by becoming a party divided by 3 to provide average annual figures for cubic feet per day (MMcf/day) from the to the proceedings for this project this notice. Dead Horse region near Gillette, should, on or before the comment date The methodology for estimating the totals for the Wyoming to an interconnection with stated below file with the Federal 3-year self assessment follows. Staff estimates that the self assessment will take 6 months to complete. Northern Border Pipeline Company near Energy Regulatory Commission, 888 In order for NERC to complete the work in half the Compressor Station No. 6 located in First Street, NE., Washington, DC 20426, time, we assume that NERC must hire double the Morton County, North Dakota, all as a motion to intervene in accordance workforce, so 10 contractors are used in the present more fully set forth in the application with the requirements of the calculation. The $1,050,000 was taken directly from NERC’s 2009 Business Plan and Budget. which is on file with the Commission Commission’s Rules of Practice and 8 NERC Employee Cost Estimate: NERC Employee and open to public inspection. The Procedure (18 CFR 385.214 or 385.211) Compensation Average is $140,442 (from 2009 filing is available for review at the and the Regulations under the NGA (18 Budget salary average). For 1.5 Employees, the Commission in the Public Reference CFR 157.10). A person obtaining party Annualized Salary Expense is $210,663. status will be placed on the service list 9 Regional Entity (RE) Employee Cost Estimate: Room or may be viewed on the RE Employee Compensation Average of $115,520 Commission’s Web site Web at http:// maintained by the Secretary of the (from 2009 Budget salary average). For 4.5 www.ferc.gov using the ‘‘eLibrary’’ link. Commission and will receive copies of Employees, the Annualized Salary Expense is Enter the docket number excluding the all documents filed by the applicant and $519,840. by all other parties. A party must submit 10 The average employee works 2,080 hours per last three digits in the docket number year. The estimated average annual cost per field to access the document. For 14 copies of filings made in the employee is $128,297. assistance, contact FERC at proceeding with the Commission and
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must mail a copy to the applicant and Comment Date: May 21, 2009. CFR 385.2001(a)(1)(iii) and the to every other party. Only parties to the instructions on the Commission’s Web Kimberly D. Bose, proceeding can ask for court review of site (http://www.ferc.gov) under the Commission orders in the proceeding. Secretary. ‘‘eFiling’’ link. However, a person does not have to [FR Doc. E9–10517 Filed 5–6–09; 8:45 am] k. This application has been accepted intervene in order to have comments BILLING CODE 6717–01–P for filing, but is not ready for considered. The second way to environmental analysis at this time. participate is by filing with the l. Project Description: The existing DEPARTMENT OF ENERGY Secretary of the Commission, as soon as Green Island Project utilizes the U.S. possible, an original and two copies of Army Corps of Engineers (Corps) Green comments in support of or in opposition Federal Energy Regulatory Commission Island-Troy lock and dam that consists to this project. The Commission will of: (1) A dam with a main spillway with consider these comments in [Project No. 13–023] a fixed crest elevation of 14.33 feet determining the appropriate action to be mean sea level (msl); and (2) an Green Island Power Authority; Notice taken, but the filing of a comment alone auxiliary spillway with a crest elevation of Application Accepted for Filing and will not serve to make the filer a party of 16.33 feet msl. Soliciting Motions To Intervene and to the proceeding. The Commission’s The Green Island Project consists of: Protests rules require that persons filing (1) 2-foot-high pneumatic flashboards comments in opposition to the project April 30, 2009. along the top of the main spillway with provide copies of their protests only to a crest elevation of 16.33 feet msl; (2) a the party or parties directly involved in Take notice that the following hydroelectric application has been filed 700-acre impoundment with a normal the protest. water surface elevation of 16.33 feet Persons who wish to comment only with the Commission and is available msl; (3) a bulkhead and forebay on the environmental review of this for public inspection. structure located downstream and at the project should submit an original and a. Type of Application: New major west end of the Corps dam; (4) a two copies of their comments to the license. powerhouse containing four 1.5 Secretary of the Commission. b. Project No.: 13–023. megawatt (MW) generating units with a Environmental commentors will be c. Date Filed: March 2, 2009. total installed capacity of 6.0 MW; (5) a placed on the Commission’s d. Applicant: Green Island Power 34.5 kilovolt underground transmission environmental mailing list, will receive Authority. cable; and (6) appurtenant facilities. copies of the environmental documents, e. Name of Project: Green Island and will be notified of meetings Hydroelectric Project. Green Island Power Authority associated with the Commission’s f. Location: The existing project is proposes to: (1) Lower the existing main environmental review process. located on the Hudson River in Albany spillway to a crest elevation of 12.5 feet Environmental commentors will not be County, New York. The project would msl, and install new hydraulically required to serve copies of filed occupy Federal land managed by the operated crest gates with a maximum documents on all other parties. U.S. Army Corps of Engineers. crest gate elevation of 18.5 feet msl; (2) However, the non-party commentors g. Filed Pursuant to: Federal Power install a new trash boom extending will not receive copies of all documents Act 16 U.S.C. 791(a)–825(r). across and upstream of the forebay; (3) filed by other parties or issued by the h. Agent Contact: James A. Besha, construct a new bulkhead structure Commission (except for the mailing of President, Albany Engineering equipped with a new 300-foot-wide, environmental documents issued by the Corporation, 5 Washington Square, 300-foot-long fish protection system Commission) and will not have the right Albany, NY 12205; (518) 456–7712. screen; and (4) expand the existing to seek court review of the i. FERC Contact: Tom Dean, (202) powerhouse to the east and west and Commission’s final order. 502–6041. install four new 6.0 MW generating The Commission strongly encourages j. Deadline for filing motions to units, and replace the four existing electronic filings of comments, protests intervene and protests: 60 days from the generating units with four new 6.0 MW and interventions in lieu of paper using issuance date of this notice. generating units with a total installed the ‘‘eFiling’’ link at http:// All documents (original and eight capacity of 48 MW. www.ferc.gov. Persons unable to file copies) should be filed with: Kimberly m. A copy of the application is electronically should submit an original D. Bose, Secretary, Federal Energy available for review at the Commission and 14 copies of the protest or Regulatory Commission, 888 First in the Public Reference Room or may be intervention to the Federal Energy Street, NE., Washington, DC 20426. viewed on the Commission’s Web site at Regulatory Commission, 888 First The Commission’s Rules of Practice http://www.ferc.gov using the Street, NE., Washington, DC 20426. require all intervenors filing documents ‘‘eLibrary’’ link. Enter the docket This filing is accessible on-line at with the Commission to serve a copy of number excluding the last three digits in http://www.ferc.gov, using the that document on each person on the the docket number field to access the ‘‘eLibrary’’ link and is available for official service list for the project. document. For assistance, contact FERC review in the Commission’s Public Further, if an intervenor files comments Online Support at Reference Room in Washington, DC. or documents with the Commission [email protected] or toll- There is an ‘‘eSubscription’’ link on the relating to the merits of an issue that free at 1–866–208–3676, or for TTY, Web site that enables subscribers to may affect the responsibilities of a (202) 502–8659. A copy is also available receive e-mail notification when a particular resource agency, they must for inspection and reproduction at the document is added to a subscribed also serve a copy of the document on address in item (h) above. docket(s). For assistance with any FERC that resource agency. You may also register online at Online service, please e-mail Motions to intervene and protests may http://www.ferc.gov/docs-filing/ [email protected], or call be filed electronically via the Internet in esubscription.asp to be notified via e- (866) 208–3676 (toll free). For TTY, call lieu of paper. The Commission strongly mail of new filings and issuances (202) 502–8659. encourages electronic filings. See 18 related to this or other pending projects.
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For assistance, contact FERC Online DEPARTMENT OF ENERGY Applicants: Transcontinental Gas Support. Pipe Line Company, LLC. Federal Energy Regulatory n. Anyone may submit a protest or a Description: Transcontinental Gas Commission motion to intervene in accordance with Pipe Line Company, LLC submits Third the requirements of Rules of Practice Combined Notice of Filings Revised Sheet 27 to its FERC Gas Tariff, and Procedure, 18 CFR 385.210, Fourth Revised Volume 1, to be effective 385.211, and 385.214. In determining April 29, 2009. 5/1/09. the appropriate action to take, the Take notice that the Commission has Filed Date: 04/23/2009. Commission will consider all protests received the following Natural Gas Accession Number: 20090424–0142. Pipeline Rate and Refund Report filings: filed, but only those who file a motion Comment Date: 5 p.m. Eastern Time to intervene in accordance with the Docket Numbers: RP09–404–001. on Tuesday, May 5, 2009. Commission’s Rules may become a Applicants: Equitrans, L.P. party to the proceeding. Any protests or Description: Responses to the data Any person desiring to intervene or to motions to intervene must be received requests submitted by Equitrans, LP of protest in any of the above proceedings on or before the specified deadline date the Commission in its Letter Order must file in accordance with Rules 211 for the particular application. dated March 30, 2009. and 214 of the Commission’s Rules of Filed Date: 04/28/2009. Practice and Procedure (18 CFR 385.211 All filings must: (1) Bear in all capital Accession Number: 20090428–5171. and 385.214) on or before 5 p.m. Eastern letters the title ‘‘PROTEST’’ or Comment Date: 5 p.m. Eastern Time time on the specified comment date. It ‘‘MOTION TO INTERVENE’’; (2) set on Monday, May 11, 2009. is not necessary to separately intervene forth in the heading the name of the Docket Numbers: RP09–409–001. again in a subdocket related to a applicant and the project number of the Applicants: Cimarron River Pipeline, compliance filing if you have previously application to which the filing LLC. intervened in the same docket. Protests responds; (3) furnish the name, address, Description: Cimarron River Pipeline, will be considered by the Commission and telephone number of the person LLC submits Substitute Second Revised in determining the appropriate action to protesting or intervening; and (4) Sheet No 17 to FERC Gas Tariff, Original be taken, but will not serve to make otherwise comply with the requirements Volume No 1, to be effective 4/1/09. protestants parties to the proceeding. of 18 CFR 385.2001 through 385.2005. Filed Date: 04/23/2009. Anyone filing a motion to intervene or Agencies may obtain copies of the Accession Number: 20090424–0140. protest must serve a copy of that application directly from the applicant. Comment Date: 5 p.m. Eastern Time document on the Applicant. In reference A copy of any protest or motion to on Tuesday, May 5, 2009. to filings initiating a new proceeding, intervene must be served upon each Docket Numbers: RP09–500–001. interventions or protests submitted on representative of the applicant specified Applicants: Florida Gas Transmission or before the comment deadline need in the particular application. Company, LLC. not be served on persons other than the Description: Florida Gas Transmission Applicant. o. Procedural Schedule: The Company, LLC submits Sub. First The Commission encourages application will be processed according Revised Sheet No. 261 to its FERC Gas electronic submission of protests and to the following Hydro Licensing Tariff, Fourth Revised 1, to be effective interventions in lieu of paper, using the Schedule. Revisions to the schedule 5/4/09. FERC Online links at http:// may be made as appropriate. Filed Date: 04/24/2009. www.ferc.gov. To facilitate electronic Accession Number: 20090424–0121. service, persons with Internet access Milestone Target date Comment Date: 5 p.m. Eastern Time who will eFile a document and/or be on Wednesday, May 6, 2009. Notice Ready for Environ- September 1, listed as a contact for an intervenor mental Analysis. 2009. Docket Numbers: RP09–507–001. must create and validate an Filing comments, rec- October 30, Applicants: Chandeleur Pipe Line eRegistration account using the ommendations, prelimi- 2009. Company. eRegistration link. Select the eFiling nary terms and condi- Description: Chandeleur Pipe Line link to log on and submit the tions, and fishway pre- Company forwards a CD labeled intervention or protests. scriptions. TF9700905 containing Second Revised Persons unable to file electronically Notice of availability of the March 1, 2010. Sheet 74, superseding Original Sheet 74 should submit an original and 14 copies EA. to the FERC Gas Tariff, Second Revised of the intervention or protest to the Filing comments on EA ...... April 1, 2010. Federal Energy Regulatory Commission, Filing modified terms and June 1, 2010. Volume 1. conditions. Filed Date: 04/23/2009. 888 First St., NE., Washington, DC Accession Number: 20090424–0141. 20426. Comment Date: 5 p.m. Eastern Time The filings in the above proceedings p. Final amendments to the on Tuesday, May 5, 2009. application must be filed with the are accessible in the Commission’s Docket Numbers: RP09–530–001. eLibrary system by clicking on the Commission no later than 30 days from Applicants: Northwest Pipeline GP. appropriate link in the above list. They the issuance date of the notice of ready Description: Northwest Pipeline, GP are also available for review in the for environmental analysis. submits First Revised Sheet 302B et al Commission’s Public Reference Room in Kimberly D. Bose, to FERC Gas Tariff, Fourth Revised Washington, DC. There is an Volume 1. Secretary. eSubscription link on the Web site that Filed Date: 04/27/2009. [FR Doc. E9–10516 Filed 5–6–09; 8:45 am] enables subscribers to receive e-mail Accession Number: 20090428–0043. notification when a document is added BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern Time to a subscribed docket(s). For assistance on Monday, May 11, 2009. with any FERC Online service, please e- Docket Numbers: RP09–541–000. mail [email protected]. or
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call (866) 208–3676 (toll free). For TTY, Filed Date: 04/27/2009. service, please e-mail call (202) 502–8659. Accession Number: 20090427–5102. [email protected]. or call Comment Date: 5 p.m. Eastern Time (866) 208–3676 (toll free). For TTY, call Nathaniel J. Davis, Sr., on Monday, May 11, 2009. (202) 502–8659. Deputy Secretary. Docket Numbers: GP94–2–018. [FR Doc. E9–10484 Filed 5–6–09; 8:45 am] Nathaniel J. Davis, Sr., Applicants: Columbia Gas Deputy Secretary. BILLING CODE 6717–01–P Transmission, LLC. [FR Doc. E9–10485 Filed 5–6–09; 8:45 am] Description: Columbia Gas BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Transmission, LLC’s Deferred Tax Refund Report. Federal Energy Regulatory Filed Date: 04/23/2009. DEPARTMENT OF ENERGY Commission Accession Number: 20090423–5130. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Combined Notice of Filings on Wednesday May 6, 2009. Commission Any person desiring to intervene or to April 28, 2009. protest in any of the above proceedings Combined Notice of Filings # 1 Take notice that the Commission has must file in accordance with Rules 211 received the following Natural Gas and 214 of the Commission’s Rules of April 28, 2009. Pipeline Rate and Refund Report filings: Practice and Procedure (18 CFR 385.211 Take notice that the Commission Docket Numbers: RP09–542–000. and 385.214) on or before 5 p.m. Eastern received the following electric rate Applicants: Trailblazer Pipeline time on the specified comment date. It filings: Company LLC. is not necessary to separately intervene Docket Numbers: ER99–2948–016; Description: Trailblazer Pipeline again in a subdocket related to a ER00–2917–015; ER00–2918–015; Company LLC submits report to inform compliance filing if you have previously ER01–1654–017; ER01–556–014; ER05– the Commission of penalty revenues it intervened in the same docket. Protests 261–008; ER02–2567–015; ER05–728– has received in the quarter ended 3/31/ will be considered by the Commission 008; ER04–485–000; ER07–244–007; 09. in determining the appropriate action to ER07–245–007; ER07–247–007. Filed Date: 04/24/2009. be taken, but will not serve to make Applicants: Baltimore Gas and Accession Number: 20090424–0123. protestants parties to the proceeding. Electric Company; Calvert Cliffs Nuclear Comment Date: 5 p.m. Eastern Time Anyone filing a motion to intervene or Power Plant, Inc.; Constellation Power on Wednesday, May 6, 2009. protest must serve a copy of that Source Generation Inc.; Nine Mile Point Docket Numbers: RP09–543–000. document on the Applicant. In reference Nuclear Station, Constellation Energy Applicants: Midcontinent Express to filings initiating a new proceeding, Commodities Group LLC; Constellation Pipeline LLC. interventions or protests submitted on NewEnergy, Inc.; Constellation Energy Description: Midcontinent Express or before the comment deadline need Commodities Group Maine, LLC; R.E. Pipeline LLC submits amendments to not be served on persons other than the Ginna Nuclear Power Plant, LLC; Raven existing negotiated rate Transmission Applicant. One, LLC, Raven Two, LLC, Raven Rate Schedule FTS Agreements between The Commission encourages Three, LLC. etc. electronic submission of protests and Description: Constellation MBR Filed Date: 04/24/2009. interventions in lieu of paper, using the Entities submits a supplement to their Accession Number: 20090424–0124. FERC Online links at http:// Joint Triennial Market Power Update for Comment Date: 5 p.m. Eastern Time www.ferc.gov. To facilitate electronic the Southeast Region and Notice of on Wednesday, May 6, 2009. service, persons with Internet access Change in Status filed on 12/30/08 Docket Numbers: RP09–544–000. who will eFile a document and/or be pursuant to Order 697–A. Applicants: Texas Gas Transmission, listed as a contact for an intervenor Filed Date: 04/22/2009. LLC. must create and validate an Accession Number: 20090424–0005. Description: Texas Gas Transmission, eRegistration account using the Comment Date: 5 p.m. Eastern Time LLC submits First Revised Sheet 5 et al. eRegistration link. Select the eFiling on Wednesday, May 13, 2009. to its FERC Gas Tariff, Third Revised link to log on and submit the Docket Numbers: ER07–22–001. Volume 1. intervention or protests. Applicants: Jump Power, LLC. Filed Date: 04/27/2009. Persons unable to file electronically Description: Jump Power, LLC Accession Number: 20090427–0154. should submit an original and 14 copies submits the revised Table of Assets for Comment Date: 5 p.m. Eastern Time of the intervention or protest to the Market-Based Rate Authority and on Monday, May 11, 2009. Federal Energy Regulatory Commission, Generation Assets. Docket Numbers: RP09–545–000. 888 First St., NE., Washington, DC Filed Date: 04/23/2009. Applicants: Black Marlin Pipeline 20426. Accession Number: 20090424–0006. Company. The filings in the above proceedings Comment Date: 5 p.m. Eastern Time Description: Black Marlin Pipeline are accessible in the Commission’s on Thursday, May 14, 2009. Company Annual Cash-Out Report. eLibrary system by clicking on the Docket Numbers: ER08–1569–002. Filed Date: 04/27/2009. appropriate link in the above list. They Applicants: PJM Interconnection Accession Number: 20090427–5097. are also available for review in the L.L.C. Comment Date: 5 p.m. Eastern Time Commission’s Public Reference Room in Description: PJM Interconnection, on Monday, May 11, 2009. Washington, DC. There is an L.L.C. submits its Report to inform the Docket Numbers: RP09–546–000. eSubscription link on the Web site that Commission of PJM’s review of the Applicants: Discovery Gas enables subscribers to receive e-mail impact of the implementation of its Transmission LLC. notification when a document is added Balancing Operating Reserve Cost Description: Report of Discovery Gas to a subscribed dockets(s). For Allocation method on market and Transmission LLC. assistance with any FERC Online system operations etc.
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Filed Date: 04/20/2009. Docket Numbers: ER09–1041–000. must create and validate an Accession Number: 20090420–4004. Applicants: PJM Interconnection eRegistration account using the Comment Date: 5 p.m. Eastern Time L.L.C. eRegistration link. Select the eFiling on Monday, May 11, 2009. Description: PJM Interconnection, link to log on and submit the Docket Numbers: ER09–1025–000. LLC submits First Revised Service intervention or protests. Applicants: New England Gas & Agreement 1756 et al to its FERC Persons unable to file electronically Electric, Inc. Electric Tariff, Sixth Revised Volume 1. should submit an original and 14 copies Description: New England Gas & Filed Date: 04/24/2009. of the intervention or protest to the Electric, Inc. submits FERC Electric Accession Number: 20090427–0072. Federal Energy Regulatory Commission, Tariff, Original Volume 1. Comment Date: 5 p.m. Eastern Time 888 First St. NE., Washington, DC Filed Date: 04/24/2009. on Friday, May 15, 2009. 20426. Accession Number: 20090427–0153. Docket Numbers: ER09–1042–000. The filings in the above proceedings Comment Date: 5 p.m. Eastern Time Applicants: Southwest Power Pool, are accessible in the Commission’s on Friday, May 15, 2009. Inc. eLibrary system by clicking on the Docket Numbers: ER09–1035–000. Description: Southwest Power Pool appropriate link in the above list. They Applicants: Yankee Atomic Electric submits for acceptance First Revised are also available for review in the Company. Sheet 9 et al to its FERC Electric Tariff, Commission’s Public Reference Room in Description: Petition for waiver of Fifth Revised Volume 1. Washington, DC. There is an tariff provision re Yankee Atomic Filed Date: 04/24/2009. eSubscription link on the Web site that Electric Company. Accession Number: 20090427–0073. enables subscribers to receive e-mail Filed Date: 04/23/2009. Comment Date: 5 p.m. Eastern Time notification when a document is added Accession Number: 20090424–0145. on Friday, May 15, 2009. to a subscribed dockets(s). For Comment Date: 5 p.m. Eastern Time Take notice that the Commission assistance with any FERC Online on Thursday, May 14, 2009. received the following open access service, please e-mail Docket Numbers: ER09–1036–000. transmission tariff filings: [email protected]. or call Applicants: Connecticut Yankee Docket Numbers: OA08–111–001. (866) 208–3676 (toll free). For TTY, call Atomic Power Company. Applicants: Portland General Electric (202) 502–8659. Description: Connecticut Yankee Company. Nathaniel J. Davis, Sr., Atomic Power Company’s Petition for Description: Portland General Electric Deputy Secretary. waiver of tariff provision. Year 2008 Annual Informational Filing [FR Doc. E9–10486 Filed 5–6–09; 8:45 am] Filed Date: 04/23/2009. on Operational Penalty Assessments BILLING CODE 6717–01–P Accession Number: 20090424–0144. and Distributions as Required by Order Comment Date: 5 p.m. Eastern Time Nos. 890 and 890–A. on Thursday, May 14, 2009. Filed Date: 04/24/2009. DEPARTMENT OF ENERGY Docket Numbers: ER09–1037–000. Accession Number: 20090424–5130. Applicants: Wisconsin Power and Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Light Company. on Friday, May 15, 2009. Commission Description: Application of Wisconsin Any person desiring to intervene or to Power and Light Company; Preliminary protest in any of the above proceedings [Docket No. CP05–82–001] Survey and Investigation Costs for must file in accordance with Rules 211 El Paso Natural Gas Company; Notice Proposed Nelson Dewey Generating and 214 of the Commission’s Rules of of Petition To Amend Facility Unit 3. Practice and Procedure (18 CFR 385.211 Filed Date: 04/24/2009. and 385.214) on or before 5 p.m. Eastern April 30, 2009. Accession Number: 20090424–5068. time on the specified comment date. It Take notice that on March 20, 2009, Comment Date: 5 p.m. Eastern Time is not necessary to separately intervene El Paso Natural Gas Company (El Paso), on Friday, May 15, 2009. again in a subdocket related to a P.O. Box 1087, Colorado Springs, Docket Numbers: ER09–1039–000. compliance filing if you have previously Colorado 80944, filed a petition to Applicants: Southwest Power Pool, intervened in the same docket. Protests amend the order issued May 5, 2005, in Inc. will be considered by the Commission Docket Number CP05–82–000, pursuant Description: Southern Power Pool, Inc in determining the appropriate action to to Rules 207 and 2001, et seq., of the submits for acceptance Third Revised be taken, but will not serve to make Commission’s Rules of Practice and Sheet 226 et al to its FERC Electric protestants parties to the proceeding. Procedure. Specifically, El Paso seeks Tariff, Fifth Revised Volume 1. Anyone filing a motion to intervene or amended authorization to remove all Filed Date: 04/24/2009. protest must serve a copy of that previously abandoned aboveground Accession Number: 20090427–0070. document on the Applicant. In reference facilities at its Gila Compressor Station, Comment Date: 5 p.m. Eastern Time to filings initiating a new proceeding, all as more fully set forth in the on Friday, May 15, 2009. interventions or protests submitted on application which is on file with the Docket Numbers: ER09–1040–000. or before the comment deadline need Commission and open to public Applicants: PJM Interconnection not be served on persons other than the inspection. The filing may also be L.L.C. Applicant. viewed on the Web at http:// Description: PJM Interconnection, The Commission encourages www.ferc.gov using the ‘‘eLibrary’’ link. LLC submits Original Service electronic submission of protests and Enter the docket number excluding the Agreement 2174 to its FERC Electric interventions in lieu of paper, using the last three digits in the docket number Tariff, Sixth Revised Volume 1. FERC Online links at http:// field to access the document. For Filed Date: 04/24/2009. www.ferc.gov. To facilitate electronic assistance, call (202) 502–3676 or TYY, Accession Number: 20090427–0071. service, persons with Internet access (202) 502–8659. Comment Date: 5 p.m. Eastern Time who will eFile a document and/or be Any questions regarding the petition on Friday, May 15, 2009. listed as a contact for an intervenor should be directed to Richard
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Derryberry, Director, Regulatory Affairs, rules require that persons filing purposes. As a result of EPA’s finding, El Paso Natural Gas Company, P.O. Box comments in opposition to the project Crittenden County must use these 1087, Colorado Springs, Colorado provide copies of their protests only to MVEBs for future conformity 80944, phone (719) 520–3782 or fax the party or parties directly involved in determinations for the 1997 8-hour (719) 667–7534. the protest. ozone standard. Pursuant to section 157.9 of the Persons who wish to comment only Commission’s rules, 18 CFR 157.9, on the environmental review of this DATES: These MVEBs are effective May within 90 days of this Notice the project should submit an original and 22, 2009. Commission staff will either: Complete two copies of their comments to the FOR FURTHER INFORMATION CONTACT: its environmental assessment (EA) and Secretary of the Commission. Jeffrey Riley, Air Planning Section, U.S. place it into the Commission’s public Environmental commenters will be Environmental Protection Agency, record (eLibrary) for this proceeding, or placed on the Commission’s Region 6, 1445 Ross Avenue, Dallas, issue a Notice of Schedule for environmental mailing list, will receive Texas 75202–2733. Mr. Riley can also be Environmental Review. If a Notice of copies of the environmental documents, reached by telephone at (214) 665–8542, Schedule for Environmental Review is and will be notified of meetings issued, it will indicate, among other associated with the Commission’s or via electronic mail at milestones, the anticipated date for the environmental review process. [email protected]. The finding is Commission staff’s issuance of the final Environmental commenters will not be available at EPA’s conformity Web site: environmental impact statement (FEIS) required to serve copies of filed http://www.epa.gov/otaq/ or EA for this proposal. The filing of the documents on all other parties. stateresources/transconf/currsips.htm. EA in the Commission’s public record However, the non-party commenters SUPPLEMENTARY INFORMATION: This for this proceeding or the issuance of a will not receive copies of all documents notice is simply an announcement of a Notice of Schedule for Environmental filed by other parties or issued by the finding that EPA has already made. EPA Review will serve to notify Federal and Commission (except for the mailing of Region 6 sent a letter to ADEQ on April State agencies of the timing for the environmental documents issued by the completion of all necessary reviews, and 20, 2009, stating that the MVEBs in the Commission) and will not have the right Crittenden County Redesignation the subsequent need to complete all to seek court review of the Request/Maintenance Plan SIP, Federal authorizations within 90 days of Commission’s final order. the date of issuance of the Commission Motions to intervene, protests and submitted on February 24, 2009 and staff’s FEIS or EA. comments may be filed electronically supplemented on March 6, 2009, are There are two ways to become via the Internet in lieu of paper; see, 18 adequate for the Crittenden County, involved in the Commission’s review of CFR 385.2001(a)(1)(iii) and the Arkansas portion of the Memphis, this project. First, any person wishing to instructions on the Commission’s Web Tennessee 1997 8-hour ozone obtain legal status by becoming a party site under the ‘‘e-Filing’’ link. The nonattainment area and must be used to the proceedings for this project Commission strongly encourages for transportation conformity should, on or before the below listed electronic filings. determinations in Crittenden County. comment date, file with the Federal Comment Date: May 21, 2009. The bi-state Memphis, Tennessee 8-hour Energy Regulatory Commission, 888 ozone nonattainment area (Area) is Kimberly D. Bose, First Street, NE, Washington, DC 20426, comprised of the following counties: Secretary. a motion to intervene in accordance Crittenden in Arkansas, and Shelby in with the requirements of the [FR Doc. E9–10519 Filed 5–6–09; 8:45 am] Tennessee. Arkansas’ Redesignation Commission’s Rules of Practice and BILLING CODE 6717–01–P Request/Maintenance Plan submittal Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 addresses only MVEBs for the Arkansas portion of this Area. The MVEBs for the CFR 157.10). A person obtaining party ENVIRONMENTAL PROTECTION Tennessee portion of this Area are status will be placed on the service list AGENCY maintained by the Secretary of the addressed in a separate submittal Commission and will receive copies of [EPA–R06–OAR–2009–0202; FRL–8902–2] provided by Tennessee. EPA is all documents filed by the applicant and addressing the adequacy of the Adequacy Status of the Crittenden by all other parties. A party must submit Tennessee MVEBs through a separate County, AR Maintenance Plan 8-Hour 14 copies of filings made with the notice. EPA posted the availability of Ozone Motor Vehicle Emission Commission and must mail a copy to the Crittenden County budgets on EPA’s Budgets for Transportation Conformity the applicant and to every other party in Web site on March 11, 2009, as part of Purposes the proceeding. Only parties to the the adequacy process, for the purpose of proceeding can ask for court review of AGENCY: Environmental Protection soliciting comments. The comment Commission orders in the proceeding. Agency (EPA). period for the Arkansas submittal ran However, a person does not have to ACTION: Notice of adequacy. from March 11, 2009, through April 10, intervene in order to have comments 2009. During EPA’s adequacy comment considered. The second way to SUMMARY: EPA is notifying the public period, no adverse comments were participate is by filing with the that it has found that the motor vehicle received on the Crittenden County on- Secretary of the Commission, as soon as emissions budgets (MVEBs) in the road MVEBs. This finding has also been possible, an original and two copies of Crittenden County, Arkansas announced on EPA’s conformity Web comments in support of or in opposition Redesignation Request/Maintenance to this project. The Commission will Plan State Implementation Plan (SIP) site: http://www.epa.gov/otaq/ consider these comments in revision, submitted on February 24, stateresources/transconf/pastsips.htm. determining the appropriate action to be 2009 and supplemented on March 6, The adequate MVEBs are provided in taken, but the filing of a comment alone 2009, by the Arkansas Department of the following table: will not serve to make the filer a party Environmental Quality (ADEQ) are to the proceeding. The Commission’s adequate for transportation conformity
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CRITTENDEN COUNTY, AR 8-HOUR Dated: April 29, 2009. Environmental Protection Agency, OZONE MVEBS Lawrence E. Starfield, Region 4, 61 Forsyth Street, SW., [Tons per day] Acting Regional Administrator, Region 6. Atlanta, GA 30303, Attention: Alanna [FR Doc. E9–10654 Filed 5–6–09; 8:45 am] Conley. Instructions: A copy of the draft 2009 Year NOX VOC BILLING CODE 6560–50–P CGP and its accompanying fact sheet is 2006 ...... 6.27 2.95 available at http://www.epa.gov/ 2021 ...... 1.84 1.39 ENVIRONMENTAL PROTECTION region4/water/permits/stormwater.html. AGENCY EPA’s policy is that all comments received will be included in the public Transportation conformity is required [FRL–8900–1] docket without change, including any by section 176(c) of the Clean Air Act. personal information provided, unless EPA’s conformity rule, 40 Code of Draft EPA Region 4 National Pollutant the comment includes information Federal Regulations (CFR) part 93, Discharge Elimination System (NPDES) General Permit for claimed to be Confidential Business requires that transportation plans, Information (CBI) or other information programs and projects conform to state Stormwater Discharges From Construction Activities whose disclosure is restricted by statute. air quality implementation plans and Do not submit information that you establishes the criteria and procedures AGENCY: Environmental Protection consider to be CBI or otherwise for determining whether or not they do Agency (EPA). protected through e-mail. If you submit so. Conformity to a SIP means that ACTION: Notice of proposed permit an electronic comment, EPA transportation activities will not issuance. recommends that you include your produce new air quality violations, name and other contact information in worsen existing violations, or delay SUMMARY: EPA Region 4 today is the body of your comment and with any timely attainment of the national proposing for public comment the disk or CD–ROM you submit. If EPA ambient air quality standards. issuance of its 2009 National Pollutant cannot read your comment due to Discharge Elimination System general technical difficulties and cannot contact The criteria by which EPA determines permit for stormwater discharges on whether a SIP’s MVEBs are adequate for you for clarification, EPA may not be Indian Country Lands within the states able to consider your comment. transportation conformity purposes are of Region 4 from new dischargers outlined in 40 CFR 93.118(e)(4). We Electronic files should avoid the use of engaged in large and small construction special characters, any form of have also described the process for activities. Hereinafter, this NPDES encryption, and be free of any defects or determining the adequacy of submitted general permit will be referred to as viruses. SIP budgets in our July 1, 2004, final ‘‘permit’’ or ‘‘2009 construction general rulemaking entitled, ‘‘Transportation permit’’ or ‘‘2009 CGP.’’ ‘‘New FOR FURTHER INFORMATION CONTACT: The Conformity Rule Amendments for the dischargers’’ are those who did not file proposed NPDES general permit, fact sheet and other relevant documents are New 8-hour Ozone and PM2.5 National a notice of intent (‘‘NOI’’) to be covered on file and may be inspected any time Ambient Air Quality Standards and under the 2004 construction general between 9 a.m. and 4 p.m., Monday Miscellaneous Revisions for Existing permit (‘‘2004 CGP’’) before it expired. through Friday at the address shown Areas; Transportation Conformity Rule Existing dischargers who properly filed an NOI to be covered under the 2004 above. Copies of these documents may Amendments: Response to Court be obtained by writing the above Decision and Additional Rule Changes’’ CGP continue to be authorized to discharge under that permit according address or by calling Alanna Conley at (69 FR 40004). Please note that an (404) 562–9443. In addition, copies of adequacy review is separate from EPA’s to its terms. This draft 2009 CGP contains generally the same limits and the proposed permit and fact sheet may completeness review, and it should not be downloaded at http://www.epa.gov/ be used to prejudge EPA’s ultimate conditions as the National CGP issued by other EPA regions on July 30, 2008 region4/water/permits/stormwater.html. approval of the Crittenden County (‘‘2008 National CGP’’). As proposed, For any questions, please contact Maintenance Plan SIP revision EPA Region 4 is issuing this CGP for a Alanna Conley, telephone number: (404) submittal. Even if EPA finds a budget period not to exceed two (2) years and 562–9443, or at the following address: adequate, the Maintenance Plan SIP will make the permit available to new Water Protection Division, Stormwater revision submittal could later be construction activities and unpermitted and Nonpoint Source Section, disapproved. ongoing activities only. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Within 24 months from the effective DATES: Comments on EPA Region 4’s Atlanta, GA 30303, or by fax at (404) date of this notice, the transportation proposal, including the draft permit, 562–9224. partners will need to demonstrate must be postmarked by June 14, 2009. SUPPLEMENTARY INFORMATION: conformity to the new MVEBs if the ADDRESSES: Persons wishing to demonstration has not already been comment on any aspects of this permit I. General Information made, pursuant to 40 CFR 93.104(e). reissuance or wishing to request a See, 73 FR 4419 (January 24, 2008). public hearing are invited to submit A. Does This Action Apply to Me? Authority: 42 U.S.C. 7401 et seq. their comments or hearing requests in The 2009 CGP would potentially writing within thirty (30) days of this apply to the following construction notice to the Water Protection Division, activities:
Category Examples of affected entities North American Industry Classification System (NAICS) Code
Industry ...... Construction site operators disturbing 1 or more acres of land, or less than 1 acre but part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 acre or more, and performing the fol- lowing activities:
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Category Examples of affected entities North American Industry Classification System (NAICS) Code
Building, Developing and General Contracting ...... 233 Heavy Construction ...... 234
EPA does not intend the preceding 2. Tips for Preparing Your Comments. changes made to the permit. EPA’s table to be exhaustive, but provides it as When submitting comments, remember response to public comments received a guide for readers regarding entities to: will be included in the administrative likely to be regulated by this action. • Identify the rulemaking (subject record as part of the final permit This table lists the types of activities heading: Region 4 CGP Comments). decision. Once the final permit becomes that EPA is now aware of that could • Consider organizing your comments effective, operators of new and potentially be affected by this action. by permit section numbers. unpermitted ongoing construction • Other types of entities not listed in the Explain why you agree or disagree, projects may seek authorization to table could also be affected. To suggest alternatives, and substitute discharge by filing a NOI to be covered determine whether your facility is language for your requested changes. under the new 2009 CGP. Under EPA’s • affected by this action, you should Describe any assumptions and regulations at 40 CFR 122.6, any carefully examine the definition of provide any technical information and/ construction site operator obtaining or data that you used. ‘‘construction activity’’ and ‘‘small • permit coverage prior to the April 30, construction activity’’ in existing EPA If you estimate potential costs or 2009, expiration date of the 2004 CGP, regulations at 40 CFR 122.26(b)(14)(x) burdens, explain how you arrived at automatically remains covered under and 122.26(b)(15), respectively. If you your estimate in sufficient detail to that permit until: allow for it to be reproduced. • have questions regarding the • The operator submits a Notice of applicability of this action to a Provide specific examples to Termination; particular entity, consult the person illustrate your concerns, and suggest • EPA issues an individual permit or listed for technical information in the alternatives. denies coverage under an individual • Explain your views as clearly as preceding FOR FURTHER INFORMATION permit for the site’s stormwater possible, avoiding the use of profanity CONTACT section. discharges, or; or personal threats. • EPA issues a new general permit Eligibility for coverage under the 2009 • Make sure to submit your CGP would be limited to operators of that establishes procedures for covering comments by the comment period these existing dischargers to obtain ‘‘new projects’’ or ‘‘unpermitted ongoing deadline identified. projects.’’ A ‘‘new project’’ is one that coverage under the new general permit commences after the effective date of C. Public Hearings and the operator obtains coverage consistent with the procedures detailed the 2009 CGP. An ‘‘unpermitted ongoing EPA has not scheduled any public in that new general permit. project’’ is one that commenced prior to hearings to receive public comment the effective date of the 2009 CGP, yet concerning the proposed permit. All II. Background of Permit Proposal never received authorization to persons will continue to have the right A. Statutory and Regulatory History discharge under the 2004 CGP or any to provide written comments during the other NPDES permit covering its public comment period. However, The Clean Water Act (‘‘CWA’’) construction-related stormwater interested persons may request a public establishes a comprehensive program discharges. This proposal is limited to hearing pursuant to 40 CFR 124.12 ‘‘to restore and maintain the chemical, those areas where EPA Region 4 is the concerning the proposed permit. physical, and biological integrity of the permitting authority, including all Requests for a public hearing must be Nation’s waters.’’ 33 U.S.C. 1251(a). The Indian Country Lands within the States sent or delivered in writing to the same CWA also includes the objective of of Alabama, Florida, Mississippi, and address as provided above for public attaining ‘‘water quality which provides North Carolina. comments prior to the close of the for the protection and propagation of fish, shellfish and wildlife.’’ 33 U.S.C. B. What Should I Consider as I Prepare comment period. Requests for a public 1251(a)(2). To achieve these goals, the My Comments for EPA? hearing must state the nature of the issues proposed to be raised in the CWA requires EPA to control the 1. Submitting CBI. Do not submit this hearing. Pursuant to 40 CFR 124.12, discharges through the issuance of information to EPA through e-mail. EPA shall hold a public hearing if it National Pollutant Discharge Clearly mark the part or all of the finds, on the basis of requests, a Elimination System (‘‘NPDES’’) permits. information that you claim to be CBI. significant degree of public interest in a Section 405 of the Water Quality Act For CBI information in a disk or CD– public hearing on the proposed permit. of 1987 (WQA) added section 402(p) of ROM that you mail to EPA, mark the If EPA decides to hold a public hearing, the CWA, which directed EPA to outside of the disk or CD–ROM as CBI a public notice of the date, time and develop a phased approach to regulate and then identify electronically within place of the hearing will be made at stormwater discharges under the NPDES the disk or CD–ROM the specific least 30 days prior to the hearing. Any program. EPA published a final information that is claimed as CBI. In person may provide written or oral regulation in the Federal Register on the addition to one complete version of the statements and data pertaining to the first phase of this program on November comment that includes information proposed permit at the public hearing. 16, 1990, establishing permit claimed as CBI, a copy of the comment application requirements for ‘‘storm that does not contain the information D. Finalizing the Permit water discharges associated with claimed as CBI must be submitted for After the close of the public comment industrial activity.’’ See 55 FR 47990. inclusion in the public docket. period, EPA Region 4 will issue a final EPA defined the term ‘‘storm water Information so marked will not be permit. This permit will not be issued discharge associated with industrial disclosed except in accordance with until after all public comments have activity’’ in a comprehensive manner to procedures set forth in 40 CFR Part 2. been considered and appropriate cover a wide variety of facilities.
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Construction activities, including 40 CFR 122.6. The draft permit more acres) as the CGP. Because the activities that are part of a larger proposed here will only apply to development of the C&D rule and the common plan of development or sale, dischargers who were not authorized issuance of the CGP are on relatively that ultimately disturb at least five acres under the 2004 CGP, which includes similar schedules, and the C&D rule will of land and have point source both ‘‘new projects’’ and ‘‘unpermitted establish national technology-based discharges to waters of the U.S. were ongoing projects.’’ Operators of new effluent limitations and standards for included in the definition of ‘‘industrial projects or unpermitted ongoing projects construction activities, EPA believes activity’’ pursuant to 40 CFR seeking coverage under the 2009 CGP that it is more appropriate to proceed 122.26(b)(14)(x). Phase II of the would be expected to use the same along two tracks to permit construction stormwater program was published in electronic Notice of Intent (eNOI) discharges. The first track entails the Federal Register on December 8, system that is currently in place for the issuing a CGP for a limited period of 1999, and required NPDES permits for 2004 CGP. time, not to exceed 2 years, that discharges from construction sites As stated, EPA Region 4 proposes to contains the 2004 CGP limits and disturbing at least one acre, but less issue the 2009 CGP for a period not to conditions, but for only operators of than five acres, including sites that are exceed two years. As a result of recent new and unpermitted ongoing projects, part of a larger common plan of litigation brought against EPA so that such entities can obtain valid development or sale that will ultimately concerning the promulgation of effluent permit coverage for their discharges. disturb at least one acre but less than limitations guidelines and standards for The second track involves proposing five acres, pursuant to 40 CFR the construction and development and issuing a revised 5-year CGP that 122.26(b)(15)(i). See 64 FR 68722. (‘‘C&D’’) industry, EPA was required by incorporates the requirements of the NPDES permits issued for court order to propose effluent new C&D rule after the rule is construction stormwater discharges are limitations guidelines and new source promulgated. required under Section 402(a)(1) of the performance standards (hereinafter, In addition, EPA believes that issuing CWA to include conditions for meeting ‘‘effluent guidelines’’) for the C&D a substantially revised CGP would be technology-based effluent limits industry by December 2008, and impracticable given the number of established under Section 301 and, promulgate those effluent guidelines by unknowns concerning the outcome of where applicable, Section 306. Once an December 2009. See Natural Resources the C&D rule. EPA does not believe that effluent limitations guideline or new Defense Council, et al. v. U.S. it would be appropriate to issue a source performance standard is Environmental Protection Agency, No permit containing technology-based promulgated in accordance with these CV—0408307–GH (C.D. Cal.) limitations that could be quickly sections, NPDES permits are required to (Permanent Injunction and Judgment, outdated, given the timing of a incorporate limits based on such December 5, 2006). EPA believes it is promulgation of the C&D rule and limitations and standards. See 40 CFR appropriate to propose a revised permit issuance. If EPA had attempted 122.44(a)(1). Prior to the promulgation National CGP once EPA has issued C&D to approximate the requirements of the of national effluent limitations and effluent guidelines, and therefore new C&D rule and incorporate such standards, permitting authorities proposes a maximum two-year duration limits into a new CGP, such a permit incorporate technology-based effluent for this permit to better coincide with would presuppose the outcome of the limitations on a best professional the court-ordered deadlines for the C&D C&D rule and potentially conflict with judgment basis. CWA section rule. EPA intends to propose and 402(a)(1)(B); 40 CFR 125.3(a)(2)(ii)(B). finalize a new, revised National CGP the scope and content of the effluent sooner, if the C&D rule is promulgated limitation guideline. Instead, EPA B. Summary of Permit Proposal earlier than the date directed by the Region 4 has decided to wait the short EPA proposes to issue the 2009 CGP court. time until after the C&D rule for a period not to exceed two years. As promulgation to issue a revised CGP proposed, the 2009 CGP will include C. What Is EPA’s Rationale for This that is fully reflective of the new conditions and limits that are generally Permit Proposal? effluent limitation guideline. In the identical to the 2008 National CGP In consideration that the 2004 CGP meantime, during this relatively short issued by other EPA Regional offices, expires on April 30, 2009, it is period of time prior to the C&D rule’s with a few requirements carried over incumbent upon EPA Region 4 to make promulgation and prior to the issuance from the 2004 CGP. Note that the 2009 available a similar general permit that of the revised CGP that incorporates CGP only applies to new and provides coverage for any new those standards, EPA is proposing to use unpermitted ongoing construction dischargers commencing construction in similar permit limits and conditions as projects. Discharges from ongoing the areas where EPA Region 4 is the the 2004 CGP as an effective vehicle to projects (or ‘‘existing dischargers’’) permitting authority. Without such a control new discharges. EPA notes that would continue to be covered under the permit vehicle, the only other available it has minimized the amount of time existing 2004 CGP. (However, EPA option for construction site operators is during which the 2009 CGP will remain clarifies that if an operator of a to obtain coverage under an individual effective in order to underscore the permitted ongoing project transfers permit. EPA is proposing to issue a CGP Agency’s intention to issue a revised ownership of the project, or a portion that adopts the same limits and CGP once the C&D rule is finalized. thereof, to a different operator, that conditions of the 2008 National CGP D. Significant Changes From 2004 CGP subsequent operator will be required to issued by other EPA regions for a submit a complete and accurate NOI for limited period of time. This action is As discussed above, EPA is proposing a new project under the 2009 CGP.) appropriate for several reasons. One to issue the 2008 CGP for a period not Although the existing permit expires on main reason, as discussed above, is that to exceed two years. This permit would April 30, 2009, dischargers who filed EPA is working on the development of include similar limits and conditions as NOIs to be authorized under that permit a new effluent guideline that will the 2004 CGP with the following prior to the expiration date will address stormwater discharges from the noteworthy differences: continue to be authorized to discharge same industrial activities (i.e., 1. Clarification that eligibility for in accordance with EPA’s regulations at construction activities disturbing one or coverage under the 2009 CGP is limited
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to operators of new and unpermitted applicability of the APA, and thus the any economic impacts that a CWA ongoing construction projects. RFA, to the issuance of a general permit general permit could have on small 2. Clarification that operators of is a difficult one, given the fact that a entities (e.g., small businesses). In this ongoing permitted construction projects large number of dischargers may choose regard, EPA believes that the Agency’s are not eligible for coverage under the to use the general permit.’’ 63 FR 36489, evaluation of the potential economic 2009 CGP. 36497 (July 6, 1998). At that time, EPA impact that a general permit would have ‘‘reviewed its previous NPDES general E. Geographic Coverage on small entities, consistent with the permitting actions and related RFA framework discussed below, is EPA is only authorized to provide statements in the Federal Register or relevant to, and an essential component permit coverage for classes of discharges elsewhere,’’ and stated that ‘‘[t]his of, the Agency’s assessment of whether that are outside the scope of a state’s review suggests that the Agency has a CWA general permit would place NPDES program authorization. EPA generally treated NPDES general permits requirements on dischargers that are Region 4 is proposing to issue the 2009 effectively as rules, though at times it appropriate and reasonable. CGP to replace the expiring 2004 CGP has given contrary indications as to Furthermore, EPA believes that the for operators of new and unpermitted whether these actions are rules or RFA’s framework and requirements ongoing construction projects. The permits.’’ Id. at 36496. Based on EPA’s provide the Agency with the best geographic coverage and scope of the further legal analysis of the issue, the approach for the Agency’s evaluation of 2009 CGP includes all Indian Country Agency ‘‘concluded, as set forth in the the economic impact of general permits Lands within the States of Alabama, proposal, that NPDES general permits on small entities. While using the RFA Florida, Mississippi, and North are permits [i.e., adjudications] under framework to inform its assessment of Carolina, where EPA Region 4 is the the APA and thus not subject to APA whether permit requirements are NPDES permitting authority. There is no rulemaking requirements or the RFA.’’ appropriate and reasonable, EPA will change in the scope of coverage from the Id. Accordingly, the Agency stated that also continue to ensure that all permits ‘‘the APA’s rulemaking requirements are 2004 CGP. satisfy the requirements of the CWA. inapplicable to issuance of such Accordingly, EPA has committed to III. Compliance With the Regulatory permits,’’ and thus ‘‘NPDES permitting operate in accordance with the RFA’s Flexibility Act is not subject to the requirement to framework and requirements during the publish a general notice of proposed A. EPA’s Approach to Compliance With Agency’s issuance of CWA general rulemaking under the APA or any other the Regulatory Flexibility Act for permits (in other words, the Agency has General Permits law * * * [and] it is not subject to the RFA.’’ Id. at 36497. committed that it will apply the RFA in The Regulatory Flexibility Act (RFA) However, the Agency went on to its issuance of general permits as if generally requires an agency to prepare explain that, even though EPA had those permits do qualify as ‘‘rules’’ that a regulatory flexibility analysis of any concluded that it was not legally are subject to the RFA). rule subject to notice and comment required to do so, the Agency would rulemaking requirements under the B. Application of RFA Framework to voluntarily perform the RFA’s small- Proposed Issuance of CGP Administrative Procedure Act or any entity impact analysis. Id. EPA other statute unless the agency certifies explained the strong public interest in EPA has concluded, consistent with that the rule will not have a significant the Agency following the RFA’s the discussion in Section IV.A above, economic impact on a substantial requirements on a voluntary basis: that the proposed issuance of the 2009 number of small entities. Small entities ‘‘[The notice and comment] process also CGP could affect a handful of small include small businesses, small provides an opportunity for EPA to entities. In the areas where the CGP is organizations, and small governmental consider the potential impact of general effective (see Section II.E), (those areas jurisdictions. permit terms on small entities and how where EPA is the permit authority), a The legal question of whether a to craft the permit to avoid any undue total of 27 construction projects were general permit (as opposed to an burden on small entities.’’ Id. authorized under the 2004 CGP—some individual permit) qualifies as a ‘‘rule’’ Accordingly, with respect to the NPDES of these projects could have been or as an ‘‘adjudication’’ under the permit that EPA was addressing in that operated by small entities. However, Administrative Procedure Act (APA) Federal Register notice, EPA stated that EPA has concluded that the proposed has been the subject of periodic ‘‘the Agency has considered and issuance of the 2009 CGP is unlikely to litigation. In a recent case, the court addressed the potential impact of the have an adverse economic impact on held that the CWA Section 404 general permit on small entities in a small entities. The draft 2009 CGP Nationwide general permit before the manner that would meet the includes the same requirements as those court did qualify as a ‘‘rule’’ and requirements of the RFA if it applied.’’ therefore that the issuance of that of the national 2008 CGP issued by Id. other EPA regions. Additionally, an general permit needed to comply with Subsequent to EPA’s conclusion in operator’s use of the CGP is volitional the applicable legal requirements for the 1998 that general permits are (i.e., a discharger could apply for an issuance of a ‘‘rule.’’ National Ass’n of adjudications rather than rules, as noted individual permit rather than for Home Builders v. US Army Corps of above, the DC Circuit recently held that Engineers, 417 F.3d 1272, 1284–85 (DC Nationwide general permits under coverage under this general permit) and, Cir.2005) (Army Corps general permits section 404 are ‘‘rules’’ rather than given the more streamlined process for under Section 404 of the CWA are rules ‘‘adjudications.’’ Thus, this legal obtaining permit coverage, is less under the APA and the Regulatory question remains ‘‘a difficult one’’ burdensome than an individual NPDES Flexibility Act; ‘‘Each NWP [nationwide (supra). However, EPA continues to permit. EPA intends to include an permit] easily fits within the APA’s believe that there is a strong public updated economic screening analysis definition ‘rule. * * * As such, each policy interest in EPA applying the with the issuance of the next national NWP constitutes a rule * * * ’’). RFA’s framework and requirements to CGP. As EPA stated in 1998, ‘‘the Agency the Agency’s evaluation and Authority: Clean Water Act, 33 U.S.C. 1251 recognizes that the question of the consideration of the nature and extent of et seq.
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Dated: April 28, 2009. ADDRESSES: The draft ‘‘Toxicological with specific exposure information, William L. Cox, Review of 1,4-Dioxane: In Support of government and private entities can use Acting Director, Water Protection Division, Summary Information on the Integrated IRIS data to help characterize public Region 4. Risk Information System (IRIS)’’ is health risks of chemical substances in a [FR Doc. E9–10536 Filed 5–6–09; 8:45 am] available via the Internet on the site-specific situation and thereby BILLING CODE P National Center for Environmental support risk management decisions Assessment’s (NCEA) home page under designed to protect public health. the Recent Additions and the Data and II. How To Submit Technical Comments ENVIRONMENTAL PROTECTION Publications menus at http:// to the Docket at http:// AGENCY www.epa.gov/ncea. A limited number of www.regulations.gov paper copies are available from NCEA’s [FRL–8791–4; Docket ID No. EPA–HQ–ORD– Information Management Team, Submit your comments, identified by 2009–0210] telephone: 703–347–8561; facsimile: Docket ID No. EPA–HQ–ORD–2009– 703–347–8691. If you are requesting a 0210 by one of the following methods: Draft Toxicological Review of 1,4- • http://www.regulations.gov: Follow Dioxane: In Support of the Summary paper copy, please provide your name, mailing address, and the document title, the on-line instructions for submitting Information in the Integrated Risk comments. Information System (IRIS) ‘‘Toxicological Review of 1,4-Dioxane: • In Support of Summary Information on E-mail: [email protected]. • Fax: 202–566–1753. AGENCY: Environmental Protection the Integrated Risk Information System • Mail: Office of Environmental Agency (EPA). (IRIS).’’ Information (OEI) Docket (Mail Code: Comments may be submitted ACTION: Notice of public comment 2822T), U.S. Environmental Protection electronically via http:// period. Agency, 1200 Pennsylvania Ave., NW., www.regulations.gov, by mail, by Washington, DC 20460. The phone SUMMARY: facsimile, or by hand delivery/courier. EPA is announcing a public number is 202–566–1752. comment period for the external review Please follow the detailed instructions • Hand Delivery: The OEI Docket is SUPPLEMENTARY draft document titled, ‘‘Toxicological as provided in the located in the EPA Headquarters Docket Review of 1,4-Dioxane: In Support of INFORMATION section of this notice. Center, EPA West Building, Room 3334, Summary Information on the Integrated FOR FURTHER INFORMATION CONTACT: For 1301 Constitution Ave., NW., Risk Information System (IRIS).’’ The information on the public comment Washington, DC. The EPA Docket public comment period and the external period, contact the Office of Center’s Public Reading Room is open peer-review workshop, which will be Environmental Information Docket; from 8:30 a.m. to 4:30 p.m., Monday scheduled at a later date and announced telephone: 202–566–1752; facsimile: through Friday, excluding legal in the Federal Register, are separate 202–566–1753; or e-mail: holidays. The telephone number for the processes that provide opportunities for [email protected]. Public Reading Room is 202–566–1744. all interested parties to comment on the If you have questions about the Such deliveries are only accepted document. EPA intends to forward the document, contact Eva D. McLanahan, during the docket’s normal hours of public comments that are submitted in Hazardous Pollutant Assessment Group operation, and special arrangements accordance with this notice to the (HPAG), National Center for should be made for deliveries of boxed external peer-review panel prior to the Environmental Assessment, 109 T.W. information. meeting for their consideration. When Alexander Dr., Research Triangle Park, If you provide comments by mail or finalizing the draft document, EPA NC 27709; telephone: 919–541–1396; hand delivery, please submit one intends to consider any public facsimile: 919–541–0245; or e-mail: unbound original with pages numbered comments that EPA receives in [email protected]. consecutively, and three copies of the accordance with this notice. SUPPLEMENTARY INFORMATION: comments. For attachments, provide an EPA is releasing this draft document index, number pages consecutively with solely for the purpose of pre- I. Summary of Information About the the comments, and submit an unbound dissemination peer review under Integrated Risk Information System original and three copies. applicable information quality (IRIS) Instructions: Direct your comments to guidelines. This document has not been IRIS is a database that contains Docket ID No. EPA–HQ–ORD–2009– formally disseminated by EPA. It does potential adverse human health effects 0210. Please ensure that your comments not represent and should not be information that may result from are submitted within the specified construed to represent any Agency chronic (or lifetime) exposure to specific comment period. Comments received policy or determination. chemical substances found in the after the closing date will be marked The draft document and EPA’s peer- environment. The database (available on ‘‘late,’’ and may only be considered if review charge are available via the the Internet at http://www.epa.gov/iris) time permits. It is EPA’s policy to Internet on the NCEA home page under contains qualitative and quantitative include all comments it receives in the the Recent Additions and the Data and health effects information for more than public docket without change and to Publications menus at http:// 540 chemical substances that may be make the comments available online at www.epa.gov/ncea. used to support the first two steps http://www.regulations.gov, including DATES: The 60-day public comment (hazard identification and dose- any personal information provided, period begins May 7, 2009, and ends response evaluation) of a risk unless a comment includes information July 6, 2009. Technical comments assessment process. When supported by claimed to be confidential Business should be in writing and must be available data, the database provides Information (CBI) or other information received by EPA by July 6, 2009. EPA oral reference doses (RfDs) and whose disclosure is restricted by statute. intends to submit comments from the inhalation reference concentrations Do not submit information that you public received by this date for (RfCs) for chronic health effects, and consider to be CBI or otherwise consideration by the external peer oral slope factors and inhalation unit protected through http:// review panel. risks for carcinogenic effects. Combined www.regulations.gov or e-mail. The
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http://www.regulations.gov Web site is draft document titled ‘‘Toxicological FOR FURTHER INFORMATION CONTACT: For an ‘‘anonymous access’’ system, which Review of Pentachlorophenol: In information on the public comment means EPA will not know your identity Support of Summary Information on the period, contact the Office of or contact information unless you Integrated Risk Information System Environmental Information Docket; provide it in the body of your comment. (IRIS)’’ (EPA/635/R–09/004). The EPA telephone: 202–566–1752; facsimile: If you send an e-mail comment directly intends to consider comments and 202–566–1753; or e-mail: to EPA without going through http:// recommendations from the public and [email protected]. www.regulations.gov, your e-mail the expert panel meeting, which will be If you have questions about the address will be automatically captured scheduled at a later date and announced document, contact Catherine Gibbons, and included as part of the comment in the Federal Register, when EPA IRIS Staff, National Center for that is placed in the public docket and finalizes the draft document. The public Environmental Assessment, (8601P), made available on the Internet. If you comment period will provide U.S. EPA, 1200 Pennsylvania Avenue, submit an electronic comment, EPA opportunities for all interested parties to NW., Washington, DC 20460; telephone: recommends that you include your comment on the document. EPA intends 703–603–0704; facsimile: 703–347– name and other contact information in to forward public comments, submitted 8689; or e-mail: the body of your comment and with any in accordance with this notice, to the [email protected]. disk or CD–ROM you submit. If EPA external peer-review panel prior to the SUPPLEMENTARY INFORMATION: cannot read your comment due to meeting for their consideration. When technical difficulties and cannot contact finalizing the draft document, EPA I. Summary of Information About the you for clarification, EPA may not be intends to consider any public Integrated Risk Information System able to consider your comment. comments that EPA receives in (IRIS) Electronic files should avoid the use of accordance with this notice. IRIS is a database that contains special characters, any form of EPA is releasing this draft document potential adverse human health effects encryption, and be free of any defects or solely for the purpose of pre- information that may result from viruses. For additional information dissemination public review under chronic (or lifetime) exposure to specific about EPA’s public docket visit the EPA applicable information quality chemical substances found in the Docket Center homepage at http:// guidelines. This document has not been environment. The database (available on www.epa.gov/epahome/dockets.htm. formally disseminated by EPA. It does the Internet at http://www.epa.gov/iris) Docket: All documents in the docket not represent and should not be contains qualitative and quantitative are listed in the http:// construed to represent any Agency health effects information for more than www.regulations.gov index. Although policy or determination. 540 chemical substances that may be listed in the index, some information is The draft document and EPA’s peer- used to support the first two steps not publicly available, e.g., CBI or other review charge are available via the (hazard identification and dose- information whose disclosure is Internet on National Center for response evaluation) of a risk restricted by statute. Certain other Environmental Assessment’s (NCEA) assessment process. When supported by material, such as copyrighted material, home page under the Recent Additions available data, the database provides will be publicly available only in hard and the Data and Publications menus at oral reference doses (RfDs) and copy. Publicly available docket http://www.epa.gov/ncea. inhalation reference concentrations materials are available either DATES: The public comment period (RfCs) for chronic health effects, and electronically in http:// begins May 7, 2009 and ends July 6, oral slope factors and inhalation unit www.regulations.gov or in hard copy at 2009. Technical comments should be in risks for carcinogenic effects. Combined the OEI Docket in the EPA Headquarters writing and must be received by EPA by with specific exposure information, Docket Center. July 6, 2009. EPA intends to submit government and private entities can use Dated: April 7, 2009. comments from the public received by IRIS data to help characterize public Peter W. Preuss, this date for consideration by the health risks of chemical substances in a Director, National Center for Environmental external peer review panel. site-specific situation and thereby Assessment. ADDRESSES: The draft ‘‘Toxicological support risk management decisions [FR Doc. E9–10656 Filed 5–6–09; 8:45 am] Review of Pentachlorophenol: In designed to protect public health. BILLING CODE 6560–50–P Support of Summary Information on the Integrated Risk Information System II. How To Submit Technical Comments (IRIS)’’ is available via the Internet on to the Docket at http:// www.regulations.gov ENVIRONMENTAL PROTECTION the NCEA’s home page under the Recent AGENCY Additions and the Data and Publications Submit your comments, identified by menus at http://www.epa.gov/ncea. A Docket ID No. EPA–HQ–ORD–2009– [FRL–8897–7; Docket ID No. EPA–HQ–ORD– limited number of paper copies are 0178 by one of the following methods: 2009–0178] available from NCEA’s Technical • http://www.regulations.gov: Follow Draft Toxicological Review of Information Staff, telephone: 703–347– the on-line instructions for submitting Pentachlorophenol: In Support of the 8561; facsimile: 703–347–8691. If you comments. are requesting a paper copy, please • E-mail: [email protected]. Summary Information in the Integrated • Risk Information System (IRIS) provide your name, mailing address, Fax: 202–566–1753. and the document title. • Mail: Office of Environmental AGENCY: Environmental Protection Comments may be submitted Information (OEI) Docket (Mail Code: Agency (EPA). electronically via http:// 2822T), U.S. Environmental Protection ACTION: Notice of public comment www.regulations.gov, by mail, by Agency, 1200 Pennsylvania Ave., NW., period. facsimile, or by hand delivery/courier. Washington, DC 20460. The phone Please follow the detailed instructions number is 202–566–1752. SUMMARY: EPA is announcing a public as provided in the SUPPLEMENTARY • Hand Delivery: The OEI Docket is comment period for the external review INFORMATION section of this notice. located in the EPA Headquarters Docket
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Center, EPA West Building, Room 3334, Docket Center homepage at http:// ADDRESSES: The meeting will be held at 1301 Constitution Ave., NW., www.epa.gov/epahome/dockets.htm. the Washington Plaza Hotel, 10 Thomas Washington, DC. The EPA Docket Docket: All documents in the docket Circle, NW., Washington, DC 20005. Center’s Public Reading Room is open are listed in the http:// FOR FURTHER INFORMATION CONTACT: For from 8:30 a.m. to 4:30 p.m., Monday www.regulations.gov index. Although administrative or technical meeting through Friday, excluding legal listed in the index, some information is information, contact Rebecca Allen, holidays. The telephone number for the not publicly available, e.g., CBI or other Office of Water, Office of Ground Water Public Reading Room is 202–566–1744. information whose disclosure is and Drinking Water, Standards and Risk Such deliveries are only accepted restricted by statute. Certain other Management Division, Targeting and during the docket’s normal hours of material, such as copyrighted material, Analysis Branch, U.S. EPA, 1201 operation, and special arrangements will be publicly available only in hard Constitution Ave., NW., Washington, should be made for deliveries of boxed copy. Publicly available docket DC 20460 at (202) 564–4689 or by e-mail information. materials are available either at [email protected]. If you provide comments by mail or electronically in http:// SUPPLEMENTARY INFORMATION: hand delivery, please submit one www.regulations.gov or in hard copy at Background: The 2010 Budget states unbound original with pages numbered the OEI Docket in the EPA Headquarters that EPA is to ‘‘* * * work with State consecutively, and three copies of the Docket Center. and local governments to address comments. For attachments, provide an Dated: April 21, 2009. Federal drinking water policy in order index, number pages consecutively with Peter W. Preuss, to provide equitable consideration of the comments, and submit an unbound small system customers.’’ One approach original and three copies. Director, National Center for Environmental Assessment. is to revise the Agency’s small system Instructions: Direct your comments to [FR Doc. E9–10657 Filed 5–6–09; 8:45 am] variance affordability methodology. Docket ID No. EPA–HQ–ORD–2009– Other approaches include capacity 0178. Please ensure that your comments BILLING CODE 6560–50–P development and utilization of are submitted within the specified provisions of the Drinking Water State comment period. Comments received ENVIRONMENTAL PROTECTION Revolving Fund such as disadvantaged after the closing date will be marked AGENCY community loan subsidies. ‘‘late,’’ and may only be considered if The 1996 amendments of the Safe time permits. It is EPA’s policy to Drinking Water Act provide States the include all comments it receives in the [FRL–8902–4] authority to grant variances to small public docket without change and to Small Drinking Water System public water systems that cannot afford make the comments available online at Variances and Other Approaches for to comply with a National Primary http://www.regulations.gov, including the Equitable Consideration of Small Drinking Water Standard. More any personal information provided, System Customers Stakeholder specifically, States may issue such unless a comment includes information Meeting variances if EPA determines that claimed to be confidential Business affordable compliance technologies are Information (CBI) or other information AGENCY: Environmental Protection not available; and EPA determines whose disclosure is restricted by statute. Agency (EPA). variance technologies are available that Do not submit information that you both achieve the maximum reduction consider to be CBI or otherwise ACTION: Notice. that is affordable and are protective of protected through http:// public health. When issued by the State, SUMMARY: The U.S. Environmental www.regulations.gov or e-mail. The a small system variance would allow a Protection Agency is giving notice of a http://www.regulations.gov Web site is system to install and maintain a public meeting to discuss policies to an ‘‘anonymous access’’ system, which variance technology in lieu of assure equitable treatment of small means EPA will not know your identity technology that can achieve compliance drinking water system customers. These or contact information unless you with the regulation. Variances are not policies include small drinking water provide it in the body of your comment. available for microbial contaminants. If you send an e-mail comment directly system variance methodologies and EPA’s current methodology to to EPA without going through http:// alternative strategies. This meeting is determine affordable compliance www.regulations.gov, your e-mail open to the public and will provide a technologies for small systems compares address will be automatically captured forum for public discussion on potential the current household cost of water plus and included as part of the comment changes to EPA’s existing small the estimated additional cost to comply that is placed in the public docket and drinking water system variance with a new rule to an affordability made available on the Internet. If you determination methodology as well as to ‘‘threshold’’ of 2.5 percent of the median submit an electronic comment, EPA discuss alternative compliance household income. This methodology is recommends that you include your strategies (e.g., capacity development described in EPA’s 1998 Announcement name and other contact information in and utilization of provisions of the of Small System Compliance the body of your comment and with any Drinking Water State Revolving Fund Technology Lists for Existing National disk or CD–ROM you submit. If EPA such as disadvantaged community loan Primary Drinking Water Regulations and cannot read your comment due to subsidies) that could be considered. Findings Concerning Variance technical difficulties and cannot contact DATES: The public meeting will be held Technologies (63 FR 42032, August 6, you for clarification, EPA may not be on Wednesday, May 20, 2009, from 9 1998). able to consider your comment. a.m. to 3 p.m. Attendees should register EPA is considering revisions to this Electronic files should avoid the use of for the meeting by contacting Rebecca methodology to provide equitable special characters, any form of Allen of EPA’s Office of Ground Water consideration of small system encryption, and be free of any defects or and Drinking Water at (202) 564–4689 customers. EPA believes it is important viruses. For additional information or by e-mail at [email protected] to consider public health and about EPA’s public docket visit the EPA no later than May 14, 2009. compliance costs. EPA also intends to
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consider other approaches, such as interconnected voice over Internet SUPPLEMENTARY INFORMATION section of targeted use of funding to disadvantaged Protocol (VoIP) user. The Commission this document. water systems. EPA plans to further seeks comment on the remaining FOR FURTHER INFORMATION CONTACT: Lisa consult with the National Drinking technical, operational, or other issues Boehley, Consumer and Governmental Water Advisory Council and to review that currently prevent traditional TRS Affairs Bureau at (202) 418–7395 the many public comments we received providers from being able to reliably (voice), or e-mail: [email protected]. on an earlier proposal to revise the identify the appropriate PSAP to call SUPPLEMENTARY INFORMATION: Pursuant existing methodology. when receiving an emergency call via to §§ 1.415 and 1.419 of the 711 and an interconnected VoIP service. Special Accommodations Commission’s rules, 47 CFR 1.415 and The Commission also seeks comment 1.419, interested parties may file For information on access or regarding the usage of traditional TRS to comments and reply comments on or accommodations for individuals with place calls through interconnected VoIP before the dates indicated on the first disabilities, please contact Rebecca service, particularly the incidence of page of this document. Comments may Allen at (202) 564–4689 or by e-mail at such calls for purposes of obtaining be filed using: (1) The Commission’s [email protected]. Please allow at emergency assistance. Electronic Comment Filing System least 10 days prior to the meeting to give DATES: Comments are due on or before (ECFS), (2) the Federal Government’s EPA time to process your request. May 28, 2009 and reply comments are eRulemaking Portal, or (3) by filing Dated: May 4, 2009. due on or before June 8, 2009. paper copies. See Electronic Filing of Cynthia C. Dougherty, ADDRESSES: Interested parties may Documents in Rulemaking Proceedings, Director, Office of Ground Water and Drinking submit comments and reply comments 63 FR 24121, May 1, 1998. Water. identified by [WC Docket No. 04–36, CG • Electronic Filers: Comments may be [FR Doc. E9–10644 Filed 5–6–09; 8:45 am] Docket No. 03–123, WT Docket No. 96– filed electronically using the Internet by BILLING CODE 6560–50–P 198 and CC Docket No. 92–105], by any accessing the ECFS: http://www.fcc.gov/ of the following methods: cgb/ecfs/ or the Federal eRulemaking • Federal eRulemaking Portal: http:// Portal: http://www.regulations.gov. FEDERAL COMMUNICATIONS www.regulations.gov. Follow the Filers should follow the instructions COMMISSION instructions for submitting comments. provided on the Web site for submitting • Federal Communications comments. [WC Docket No. 04–36, CG Docket No. 03– Commission’s Web site: http:// • For ECFS filers, if multiple docket 123, WT Docket No. 96–198 and CC Docket www.fcc.gov/cgb/ecfs/. Follow the or rulemaking numbers appear in the No. 92–105; DA 09–749] instructions for submitting comments. caption of this proceeding, filers must • Parties who choose to file by paper IP–Enabled Services; Implementation transmit one electronic copy of the should also submit their comments on comments for each docket or of Sections 255 and 251(a)(2) of the a compact disc. The compact discs Communications Act of 1934, as rulemaking number referenced in the should be submitted, along with three caption. In completing the transmittal Enacted by the Telecommunications paper copies, to: Dana Wilson, Act of 1996: Access to screen, filers should include their full Consumer and Governmental Affairs name, U.S. Postal Service mailing Telecommunications Service, Bureau, Disability Rights Office, 445 Telecommunications Equipment and address, and the applicable docket or 12th Street, SW., Room 3–C418, rulemaking number, which in this Customer Premises Equipment by Washington, DC 20554. Such a Persons With Disabilities; instance [WC Docket No. 04–36, CG submission should be on a compact disc Docket No. 03–123, WT Docket No. 96– Telecommunications Relay Services formatted in an IBM compatible format and Speech-to-Speech Services for 198, and CC Docket No. 92–105]. Parties using Word 2003 or compatible may also submit an electronic comment Individuals With Hearing and Speech software. The compact disc should be Disabilities by Internet e-mail. To get filing accompanied by a cover letter and instructions, filers should send an e- AGENCY: Federal Communications should be submitted in ‘‘read only’’ mail to [email protected], and include the Commission. mode. The compact disc should be following words in the body of the clearly labeled with the commenter’s ACTION: Notice. message, ‘‘get form your e-mail name, the proceedings (including the address.’’ A sample form and directions SUMMARY: In this document, the docket numbers) in this case, [WC will be sent in response. Commission, via the Consumer and Docket No. 04–36, CG Docket No. 03– • Paper Filers: Parties who choose to Governmental Affairs Bureau, seeks 123, WT Docket No. 96–198, and CC file by paper must file an original and comment on the petition for extension Docket No. 92–105], type of pleading four copies of each filing. If more than of waiver filed with the Commission by (comment or reply comment), date of one docket or rulemaking number AT&T Inc. (AT&T) and Sprint Nextel submission, and the name of the appears in the caption in this Corporation (Sprint) (Petition). The electronic file on the compact disc. The proceeding, filers must submit two Petition requested a one-year extension label should also include the following additional copies of each additional of the current waiver of the phrase ‘‘Disc Copy—Not an Original.’’ docket or rulemaking number. Commission’s rules to the extent that Each compact disc should contain only Filings can be sent by hand or provision requires traditional one party’s pleadings, preferably in a messenger delivery, by commercial telecommunications relay service (TRS) single electronic file. In addition, paper overnight courier, or by first-class or providers (those providing relay service filers must send compact disc copies to overnight U.S. Postal Service mail via the public switched telephone the Commission’s copy contractor, (although the Commission continues to network and a text telephone (TTY)) to Portals II, 445 12th Street, SW., Room experience delays in receiving U.S. automatically and immediately call an CY–B402, Washington, DC 20554. Postal Service mail). All filings must be appropriate Public Safety Answering For detailed instructions for submitting addressed to the Commission’s Point (PSAP) when receiving an comments and additional information Secretary, Office of the Secretary, emergency 711-dialed call placed by an on the rulemaking process, see the Federal Communications Commission.
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• The Commission’s contractor will call to an ‘‘appropriate TRS provider,’’ be found by searching ECFS at http:// receive hand-delivered or messenger- as defined by the Commission. The www.fcc.gov/cbg.ecfs. To request delivered paper filings for the Commission also determined that the materials in accessible formats for Commission’s Secretary at 236 geographic location identification people with disabilities (Braille, large Massachusetts Avenue, NE., Suite 110, challenges associated with print, electronic files, audio format), Washington, DC 20002. The filing hours interconnected VoIP-originated 711 send an e-mail to [email protected] or call at this location are 8 a.m. to 7 p.m. All calls rendered traditional TRS providers the Consumer and Governmental Affairs hand deliveries must be held together unable to consistently identify the Bureau at (202) 418–0530 (voice), (202) with rubber bands or fasteners. Any ‘‘appropriate’’ PSAP to which to route 418–0432 (TTY). This document can envelopes must be disposed of before such calls. On this basis, the also be downloaded in Word or Portable entering the building. Commission found good cause to grant Document Format (PDF) at: http:// • Commercial mail sent by overnight traditional TRS providers a six-month www.fcc.gov/cgb/dro/trs.html#orders. mail (other than U.S. Postal Service waiver of the obligation set forth in Synopsis Express Mail and Priority Mail) must be § 64.604(a)(4) of its rules to sent to 9300 East Hampton Drive, automatically and immediately route In this document, the Commission Capitol Heights, MD 20743. the outbound leg of an interconnected seeks comment on the remaining • U.S. Postal Service first-class, VoIP-originated emergency 711 call to technical, operational, or other issues Express, and Priority mail should be an ‘‘appropriate’’ PSAP. that currently prevent traditional TRS addressed to 445 12th Street, SW., In the Order (2008 TRS 711 Waiver providers from being able to reliably Washington, DC 20554. Order), released on April 4, 2008, identify the appropriate PSAP to call published at 73 FR 28057, May 15, This is a synopsis of the Commission’s when receiving an emergency call via 2008, WC Docket No. 04–36, CG Docket document DA 09–749, released April 1, 711 and an interconnected VoIP service. No. 03–123, WT Docket No. 96–198 and 2009. This document also contains a In particular, comment is sought on the CC Docket No. 92–105, DA 07–4178, the separate order granting in part the specific steps that remain to be taken in Commission granted interconnected petition for extension of waiver filed by order for traditional TRS providers to be VoIP providers an extension of time, AT&T and Sprint and extending for 90 able to consistently route until March 31, 2009, to route 711- days (until June 29, 2009) the limited interconnected VoIP-originated 711 dialed calls to an appropriate relay waiver granted to traditional TRS emergency calls in the manner center, in the context of 711-dialed calls prescribed by § 64.604(a)(4) of the providers in the 2008 TRS 711 Waiver in which the calling party is using a Order. Pursuant to § 1.1206 of the Commission’s rules. The Commission non-geographically relevant telephone also asks providers for an estimate of the Commission’s rules, 47 CFR 1.1206, this number or a nomadic interconnected proceeding will be conducted as a costs and the timeframe associated with VoIP service. The Commission also each of these steps. Further, the permit-but-disclose proceeding in granted traditional TRS providers an which ex parte communications are Commission seeks comment from extension of time, until March 31, 2009, interconnected VoIP providers and TRS subject to disclosure. to fulfill their obligation to implement a On June 15, 2007, the Commission providers regarding the total number of system to automatically and interconnected VoIP-originated 711 TRS released the Report and Order (VoIP immediately call an appropriate PSAP TRS Order), published at 72 FR 43546, calls that are processed annually by when receiving an emergency 711- each provider (estimates, if actual August 6, 2007, WC Docket No. 04–36, dialed call via an interconnected VoIP figures are unavailable) and the CG Docket No. 03–123, WT Docket No. service. proportion of those calls that are of an 96–198 and CC Docket No. 92–105, FCC On March 20, 2009, AT&T and Sprint 07–110. In the VoIP TRS Order, effective filed a petition seeking a one-year emergency nature. October 5, 2007, the Commission extension of the waiver of § 64.604(a)(4) The Commission also seeks comment extended its pre-existing TRS rules to of the Commission’s rules to the extent from interconnected VoIP providers and interconnected VoIP providers, that provision requires traditional TRS TRS providers, as well as from including the duty to offer 711 providers to automatically and consumers and disability rights abbreviated dialing access to TRS. The immediately route to an appropriate advocates, concerning the continuing VoIP TRS Order required PSAP emergency 711-dialed calls use of TTYs by individuals with hearing interconnected VoIP providers to offer placed by interconnected VoIP users. or speech disabilities and, in particular, 711 abbreviated dialing ‘‘to ensure that The full text of this document and the use of TTYs with an interconnected TRS calls can be made from any copies of any subsequently filed VoIP service. The Commission seeks telephone, anywhere in the United documents in this matter will be comment on the overall effectiveness of States, and that such calls will be available for public inspection and providers’ outreach efforts in educating properly routed to the appropriate relay copying during regular business hours consumers about the importance of center.’’ In the Order and Public Notice at the FCC Reference Information dialing 911 directly in an emergency, Seeking Comment (October 2007 Order Center, Portals II, 445 12th Street, SW., rather than dialing 711 to place an and Notice), released on October 9, Room CY–A257, Washington, DC 20554. emergency call via TRS. 2007, published at 72 FR 61813, This document and copies of Further, commenters are encouraged November 1, 2007, and 72 FR 61882, subsequently filed documents in this to comment on any impediments November 1, 2007, WC Docket No. 04– matter may also be purchased from the consumers have encountered in 36, CG Docket No. 03–123, WT Docket Commission’s duplicating contractor at attempting to dial 911 directly in an No. 96–198 and CC Docket No. 92–105, Portals II, 445 12th Street, SW, Room emergency situation (when using a TTY DA 07–4178, the Commission clarified CY–B402, Washington, DC 20554. and an interconnected VoIP service). the 711 abbreviated dialing requirement Customers may contact the Finally, the Commission seeks comment adopted in the VoIP TRS Order and Commission’s contractor at their web on the continuing need, from the granted interconnected VoIP providers a site www.bcpiweb.com or by calling 1– consumer’s perspective, of dialing 711 six-month waiver of the requirement to 800–378–3160. A copy of the via TRS in an emergency, rather than route the inbound leg of a 711-dialed underlying petition for waiver may also dialing 911 directly.
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Federal Communications Commission. SUMMARY: The Federal Mediation and a. Three of the forms, the SF–424, Catherine Seidel, Conciliation Service (FMCS) published LM–6, and LM–9 are submitted at the Chief, Consumer and Governmental Affairs a 30-day notice in the Federal Register applicant/grantee’s discretion. Bureau. [on March 23, 2009, (Volume 74, b. To conduct the quarterly [FR Doc. E9–10504 Filed 5–6–09; 8:45 am] Number 54) Pages 12131–12132] for submissions, LM–7and LM–8 forms are BILLING CODE 6712–01–P public comment on seven information used. Less than quarterly reports would collection requests contained among the deprive FMCS of the opportunity to (FMCS) Labor Management Cooperation provide prompt technical assistance to deal with those problems identified in FEDERAL ELECTION COMMISSION Program which was up for renewal of currently approved collection by Office the report. Sunshine Act Notices of Management and Budget (OMB). c. Once per application. The LM–3 is FMCS submitted to the Office of the only form to which a ‘‘similar May 1, 2009 Management Budget a request for information’’ requirement could apply. AGENCY: Federal Election Commission. review of these seven forms: That form takes the requirement into DATE AND TIME: Thursday, May 7, 2009, Application for Federal Assistance (SF– consideration by accepting recent audit at 10 a.m. 424), Request for Advance or reports in lieu of applicant completion of items C2 through 9 and items D1 PLACE: Reimbursement SF–270 (LM–6), Project 999 E Street, NW., Washington, through 3. DC (Ninth Floor). Performance (LM–8), Financial Status Report SF–269a (LM–7), Grants Program Abstract: Except for the FMCS Forms STATUS: This meeting will be open to the Grantee Evaluation Questionnaire LM–3 and LM–9, the forms under public. (agency form LM–9), and Accounting consideration herein are either required ITEMS TO BE DISCUSSED: System and Financial Capability or recommended in OMB Circulars. The Correction and Approval of Minutes. Questionnaire (LM–3). The request two exceptions are non-recurring forms, Draft Advisory Opinion 2009–08: seeks OMB approval for an emergency the former a questionnaire sent only to non-public sector potential grantees and Congressman Elton Gallegly, Elton extension with an expiration date of the latter a questionnaire sent only to Gallegly for Congress. March 12, 2012, for forms SF–424, SF– former grantees for voluntary Report of the Audit Division on Kuhl for 270 (LM–6), (LM–8), SF–269a, (LM–7), completion and submission. The Congress. (LM–9) and (LM–3). Report of the Audit Division on League collected information is used by FMCS DATES: FMCS received no comments of Conservation Voters Action Fund. to determine annual applicant regarding information collection. The Report of the Audit Division on the Ciro suitability, to monitor quarterly grant forms are currently pending OMB D. Rodriguez for Congress Committee. project status, and for on-going program approval. Report of the Audit Division on Zinga evaluation. If the information were not for Congress. ADDRESSES: Michael Bartlett, Federal collected, there could be no accounting Discussion of Press Release Policy. Register Liaison at [email protected]. for the activities of the program. Actual Management and Administrative FOR FURTHER INFORMATION CONTACT: use has been the same as intended use. Matters. Linda Stubbs, Grants Management Burden: Application for Federal Assistance (SF–424) is an OMB form Individuals who plan to attend and Specialist, FMCS, 2100 K Street, NW., which we do not include in the burden. require special assistance, such as sign Washington, DC 20427. Telephone We have not added to it; however we language interpretation or other number (202) 606–8181, e-mail at have deleted the requirements for reasonable accommodations, should [email protected] or fax at (202) 606– completion of sections C, D, and E. We contact Mary Dove, Commission 3434. received approximately 113 responses. Secretary, at (202) 694–1040, at least 72 SUPPLEMENTARY INFORMATION: Copies of Request for Advance or Reimbursement hours prior to the hearing date. the complete agency forms are available SF–270 (LM–6) is an OMB form with no PERSON TO CONTACT FOR INFORMATION: from the Office of Labor Management agency additions. The number of Judith Ingram, Press Officer, Telephone: Grants Program by calling, faxing, or respondents is approximately 37 and (202) 694–1220. writing Linda Stubbs at the address estimated time per response is 30 Mary W. Dove, above. Please ask for forms by agency minutes. Project Performance (LM–8) number. Secretary of the Commission. had approximately 37 respondents and [FR Doc. E9–10530 Filed 5–6–09; 8:45 am] I. Information Collection Requests the estimated time per response is 30 minutes. Financial Status Report (SF– BILLING CODE 6715–01–M FMCS was seeking comments on the 269a) (LM–7) is an OMB form with no following information collection agency additions. The estimated time requests contained in FMCS agency per response is 30 minutes and there are FEDERAL MEDIATION AND forms. approximately 37 respondents. FMCS CONCILIATION SERVICE Agency: Federal Mediation and Grants Program Evaluation Conciliation Service. Questionnaire (LM–9) form number of Proposed Agency Informational Form Number: OMB No. 3076–0006. Collection Activities respondents is approximately 12 and Expiration date: December 12, 2006. the estimated time per response is 60 AGENCY: Federal Mediation and Type of Request: Extension of a minutes. The Accounting System and Conciliation Service. previously approved collection without Financial Capability Questionnaire change in the substance or method of ACTION: Final 30-day Notice of (LM–3) has approximately 28 collection. Information Collection for Forms SF– respondents and the estimated time per Affected Entities: Potential applicants 424, SF–270 (LM–6), LM–8, SF–269a, response is 60 minutes. and/or grantees who received our grant LM–7, LM–9 and LM–3 that was sent to application kit. Also applicants who II. Request for Comments Office of Management and Budget for have received a grant from FMCS. The FMCS was particularly interested approval. Frequency: in comments which:
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(i) Evaluate whether the proposed proposal also involves the acquisition of information to provide updates and collection of information is necessary a nonbanking company, the review also other important stimulus information to for the proper performance of the includes whether the acquisition of the subscribers. The information may be functions of the agency, including nonbanking company complies with the used in conjunction with voluntarily whether the information will have standards in section 4 of the BHC Act supplied reports to further identify the practical utility; (12 U.S.C. 1843). Unless otherwise source (by first name and geographical (ii) Evaluate the accuracy of the noted, nonbanking activities will be location). Anonymous aggregations may agency’s estimates of the burden of the conducted throughout the United States. be used to understand regional trends proposed collection of information; Additional information on all bank and/or other statistical analyses. The (iii) Enhance the quality, utility, and holding companies may be obtained information will only be used as clarity of the information to be from the National Information Center discussed. collected; and website at www.ffiec.gov/nic/. DATES: Effective June 8, 2009. (iv) Minimize the burden of the Unless otherwise noted, comments collection of information on those who regarding each of these applications FOR FURTHER INFORMATION CONTACT: Call are to respond, including the use of must be received at the Reserve Bank or e-mail the GSA Privacy Act Officer: appropriate automated electronic indicated or the offices of the Board of telephone 202–208–1317; e-mail collection technologies or other forms of Governors not later than June 1, 2009. [email protected]. information technology, e.g. permitting A. Federal Reserve Bank of Boston ADDRESSES: GSA Privacy Act Officer electronic and fax submission of (Richard Walker, Community Affairs (CIB), General Services Administration, responses. Officer) P.O. Box 55882, Boston, 1800 F Street NW., Washington, DC III. The Official Records Massachusetts 02106–2204: 20405. 1. BSB Bancorp, MHC and BSB SUPPLEMENTARY INFORMATION: The official records are the paper Bancorp, Inc., both of Belmont, GSA electronic records maintained at the Massachusetts; to become a mutual bank proposes to establish a new system of address at the beginning of this holding company and stock bank records subject to the Privacy Act of document. FMCS will transfer all holding company, respectively, by 1974, as amended, 5 U.S.C. 552a. The electronically received comments into acquiring Belmont Savings Bank, system will collect information to printed-paper form as they are received. Belmont, Massachusetts. provide updates and other important stimulus information to subscribers. The List of Subjects B. Federal Reserve Bank of Richmond (A. Linwood Gill, III, Vice information may be used in conjunction Labor-Management Cooperation President) 701 East Byrd Street, with voluntarily supplied reports to Program and Information Collection Richmond, Virginia 23261–4528: further identify the source (by first name Requests. 1. 1st Financial Services Corporation, and geographical location). Anonymous Dated: April 29, 2009. Hendersonville, North Carolina; to aggregations may be used to understand Michael Bartlett, acquire 100 percent of the voting shares regional trends and/or other statistical Deputy General Counsel. of AB&T Financial Corporation, and analyses. The information will only be used as discussed. Those having access [FR Doc. E9–10679 Filed 5–6–09; 8:45 am] thereby indirectly acquire voting shares to the information are system BILLING CODE 6732–01–P of Alliance Bank & Trust Company, both of Gastonia, North Carolina. administrators and GSA staff and C. Federal Reserve Bank of Chicago contractors and White House and Recovery Board officials with a strict FEDERAL RESERVE SYSTEM (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, need to know. Formations of, Acquisitions by, and Chicago, Illinois 60690–1414: Dated: April 29, 2009. Mergers of Bank Holding Companies 1. Country Bancorporation, James L. Atwater, Crawfordsville, Iowa; to acquire 100 The companies listed in this notice Director, Information Resources and Privacy percent of the voting shares of The Management Division. have applied to the Board for approval, Exchange State Bank, Springville, Iowa. pursuant to the Bank Holding Company GSA/RECOVERY-1 Board of Governors of the Federal Reserve Act of 1956 (12 U.S.C. 1841 et seq.) System, May 4, 2009. (BHC Act), Regulation Y (12 CFR Part SYSTEM NAME: Robert deV. Frierson, 225), and all other applicable statutes Recovery.gov. Deputy Secretary of the Board. and regulations to become a bank SYSTEM LOCATION: holding company and/or to acquire the [FR Doc. E9–10595 Filed 5–6–09; 8:45 am] assets or the ownership of, control of, or BILLING CODE 6210–01–S The system is housed at GSA’s central the power to vote shares of a bank or office. The program is developed by bank holding company and all of the contractors. banks and nonbanking companies GENERAL SERVICES CATEGORIES OF INDIVIDUALS COVERED BY THE owned by the bank holding company, ADMINISTRATION SYSTEM: including the companies listed below. Any person who uses the Web site The applications listed below, as well Privacy Act of 1974; Notice of new System of Records Recovery.gov and voluntarily provides as other related filings required by the personal information. Board, are available for immediate AGENCY: General Services inspection at the Federal Reserve Bank Administration. CATEGORIES OF RECORDS IN THE SYSEM: indicated. The applications also will be ACTION: New notice. The system contains records that available for inspection at the offices of capture information users voluntarily the Board of Governors. Interested SUMMARY: GSA proposes to establish a provide including: persons may express their views in new system of records subject to the • Name writing on the standards enumerated in Privacy Act of 1974, as amended, 5 • E-mail address the BHC Act (12 U.S.C. 1842(c)). If the U.S.C. 552a. The system collects • Telephone Number
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• Address prosecuting, enforcing, or carrying out a a firewall certified by the National • Comments such as a personal story statute, rule, regulation, or order when Computer Security Association. of the effect on them of the economic GSA becomes aware of a violation or downturn. potential violation of civil or criminal RETENTION AND DISPOSAL: While it is possible that the comments law or regulation. System records are retained and contain identifiable information they f. To an appeal, grievance, hearing, or disposed of according to GSA records cannot be used as a searchable index. complaints examiner; an equal maintenance and disposition schedules employment opportunity investigator, and the requirements of the Recovery AUTHORITY FOR MAINTENANCE OF THE SYSTEM: arbitrator, or mediator; and an exclusive Board and the National Archives and The American Recovery and representative or other person Records Administration. Reinvestment Act of 2009 (Pub. L. 111– authorized to investigate or settle a SYSTEM MANAGER AND ADDRESS: 5, Title XV, Section 1526) establishes grievance, complaint, or appeal filed by recovery.gov. an individual who is the subject of the Director, Acquisition Environment record. Division, General Services PURPOSE: g. To a Member of Congress or his or Administration, 2011 Crystal Drive, GSA proposes to establish a new her staff on behalf of and at the request Suite 911, Arlington, VA 22202. system of records subject to the Privacy of the individual who is the subject of NOTIFICATION PROCEDURE: Act of 1974 (as amended), 5 U.S.C. 552a. the record. Individuals wishing to inquire if the The system will collect contact h. To an expert, consultant, or system contains information about them information to provide updates and contractor of GSA in the performance of should contact the system manager other important stimulus information to a Federal duty to which the information listed above. subscribers. The information may be is relevant. used in conjunction with voluntarily i. To appropriate agencies, entities, RECORD ACCESS PROCEDURE: supplied reports to further identify the and persons when (1) the Agency source (by first name and geographical Requests for access also may be suspects or has confirmed that the directed to the system manager. location). Anonymous aggregations may security or confidentiality of be used to understand regional trends information in the system of records has CONTESTING RECORD PROCEDURES: and/or other statistical analyses. The been compromised; (2) the Agency has Rules for contesting the content of a information will only be used as determined that as a result of the record and appealing a decision are discussed. Those having access to the suspected or confirmed compromise contained in 41 CFR 105–64. information are system administrators there is a risk of harm to economic or and GSA staff and contractors and property interests, identity theft or RECORD SOURCE CATEGORIES: White House and Recovery Board fraud, or harm to the security or The sources for information in the officials with a strict need to know. integrity of this system or of other system are the users themselves. ROUTINE USES OF THE SYSTEM RECORDS, systems or programs (whether [FR Doc. E9–10411 Filed 5–6–09; 8:45 am] maintained by GSA or another agency or INCLUDING CATEGORIES OF USERS AND THEIR BILLING CODE 6820–34–P PURPOSE FOR USING THE SYSTEM: entity) that rely upon the compromised Information from this system may be information; and (3) the disclosure disclosed as a routine use by the made to such agencies, entities, and persons is reasonably necessary to assist DEPARTMENT OF HEALTH AND following: HUMAN SERVICES a. System information may be in connection with GSA’s efforts to accessed by system managers, technical respond to the suspected or confirmed Meeting of the National Vaccine support and designated analysts in the compromise and prevent, minimize, or Advisory Committee course of their official duties. The White remedy such harm. House, Recovery Board officials and j. To the National Archives and AGENCY: Department of Health and other authorized personnel may access Records Administration (NARA) for Human Services, Office of the Secretary, demographic information to understand records management purposes. Office of Public Health and Science. constituents’ economic needs. They may POLICIES AND PRACTICES FOR STORING, ACTION: Notice of meeting. access information to send emails to RETRIEVING, ACCESSING, RETAINING, AND SUMMARY: As stipulated by the Federal those who have signed up for this DISPOSING RECORDS IN THE SYSTEM: Advisory Committee Act, the service. STORAGE: b. Stories provided by individuals Department of Health and Human Records are stored on a secure server may be selected for publication and Services (HHS) is hereby giving notice and accessed only by authorized used in speeches or other discussions that the National Vaccine Advisory personnel. related to the stimulus and economic Committee (NVAC) will hold a meeting. The meeting is open to the public. Pre- recovery. The only identification will be RETRIEVABILITY: registration is required for both public the user’s first name and state of Records may be retrievable by name, residence. attendance and comment. Individuals email address, or any other personal who wish to attend the meeting and/or c. In any legal proceeding, where information listed in the Categories of pertinent, to which GSA is a party participate in the public comment Records in the System except for session should either e-mail before a court or administrative body. personal story. d. To authorized officials engaged in [email protected] or call 202–690–5566 to investigating or settling a grievance, SAFEGUARDS: register. complaint, or appeal filed by an System records are safeguarded in DATES: The meeting will be held on June individual who is the subject of the accordance with the requirements of the 2, 2009, from 9 a.m. to 5:30 p.m. and on record. Privacy Act. Access is limited to June 3, 2009, from 8:30 a.m. to 1:30 p.m. e. To a Federal, State, local, or foreign authorized individuals with passwords, ADDRESSES: Department of Health and agency responsible for investigating, and the database is maintained behind Human Services; Hubert H. Humphrey
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Building, Room 800; 200 Independence meeting. Register by sending an e-mail be received within 60 days of this Avenue, SW., Washington, DC 20201. to [email protected] or by calling 202–690– notice. 5566 and providing name, e-mail FOR FURTHER INFORMATION CONTACT: Ms. Proposed Project Andrea Krull, Public Health Advisor, address and organization. National Vaccine Program Office, Dated: April 29, 2009. Tremolite Asbestos Registry (TAR) Department of Health and Human Bruce Gellin, OMB# 0923–0039—Extension—Agency Services, Room 443–H Hubert H. Deputy Assistant Secretary for Health, for Toxic Substances and Disease Humphrey Building, 200 Independence Director, National Vaccine Program Office. Registry, (ATSDR) Centers for Disease Avenue, SW., Washington, DC 20201. [FR Doc. E9–10668 Filed 5–6–09; 8:45 am] Control and Prevention, (CDC). Phone: (202) 690–5566; Fax: (202) 260– BILLING CODE 4150–44–P 1165; e-mail: [email protected]. Background and Brief Description SUPPLEMENTARY INFORMATION: Pursuant The Agency for Toxic Substances and to section 2101 of the Public Health DEPARTMENT OF HEALTH AND Disease Registry (ATSDR) is mandated Service Act (42 U.S.C. 300aa–1), the HUMAN SERVICES pursuant to the 1980 Comprehensive Secretary of Health and Human Services Environmental Response Compensation was mandated to establish the National Centers for Disease Control and and Liability Act (CERCLA) and its 1986 Vaccine Program to achieve optimal Prevention Amendments, the Superfund prevention of human infectious diseases [60Day–0923–0039] Amendments and Re-authorization Act through immunization and to achieve (SARA), to establish and maintain optimal prevention against adverse Proposed Data Collections Submitted national registries of persons who have reactions to vaccines. The National for Public Comment and been exposed to hazardous substances Vaccine Advisory Committee was Recommendations in the environment and national established to provide advice and make registries of persons with illnesses or recommendations to the Director of the In compliance with the requirement of Section 3506(c)(2)(A) of the health problems resulting from such National Vaccine Program, on matters exposure. In 2003, ATSDR created the related to the Program’s responsibilities. Paperwork Reduction Act of 1995 for opportunity for public comment on Tremolite Asbestos Registry (TAR) as a The Assistant Secretary for Health result of this legislation in an effort to serves as Director of the National proposed data collection projects, the Centers for Disease Control and provide scientific information about Vaccine Program. potential adverse health effects people Topics to be discussed at the meeting Prevention (CDC) will publish periodic develop as a result of exposure to the include vaccine safety summaries of proposed projects. To amphibole fibers that are found in recommendations, the National Vaccine request more information on the vermiculite mined from Libby, Plan, adult immunization proposed projects or to obtain a copy of Montana. The purpose of the TAR is to recommendations, NVAC evaluation, the data collection plans and improve communication with people at vaccine stockpile, vaccine financing, instruments, call 404–639–5960 and risk for developing asbestos-related 2009 H1N1 influenza outbreak, and send comments to Maryam I. Daneshvar, diseases resulting from exposure in other related issues. The meeting agenda CDC Acting Reports Clearance Officer, Libby, Montana and to support research will be posted on the Web site: http:// 1600 Clifton Road, MS–D74, Atlanta, activities related to TAR registrants. The www.hhs.gov/nvpo/nvac by May 18, GA 30333 or send an e-mail to 2009. [email protected]. TAR is currently composed of Public attendance at the meeting is Comments are invited on: (a) Whether information about former vermiculite limited to space available. Individuals the proposed collection of information workers, the people that lived with who plan to attend and need special is necessary for the proper performance them during their tenure as vermiculite assistance, such as sign language of the functions of the agency, including workers (i.e., the workers’ household interpretation or other reasonable whether the information shall have contacts), and people who participated accommodations, should notify the practical utility; (b) the accuracy of the in screening programs funded by designated contact person at least one agency’s estimate of the burden of the ATSDR conducted in Libby and other week prior to the meeting. Members of proposed collection of information; (c) sites that received Libby vermiculite. the public will have the opportunity to ways to enhance the quality, utility, and TAR participants are interviewed to provide comments at the meeting. clarity of the information to be collect information on exposure Public comment will be limited to five collected; and (d) ways to minimize the pathways, tobacco use, and health minutes per speaker. Individuals who burden of the collection of information outcomes. The standardized TAR survey would like to submit written statements on respondents, including through the is administered using a computer- should e-mail or fax their comments to use of automated collection techniques assisted personal interview instrument. the National Vaccine Program Office at or other forms of information There is no cost to the respondents least five business days prior to the technology. Written comments should other than their time.
ESTIMATED ANNUALIZED BURDEN HOURS
Responses Avg. burden Respondents Forms Number of per per response Total burden respondents respondent (in hrs.) hours
TAR Participants ...... Baseline TAR questionnaire ...... 500 1 30/60 250 Follow-up questionnaire ...... 4,500 1 20/60 1,500
Total ...... 1,750
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Dated: May 1, 2009. DEPARTMENT OF HEALTH AND administrative requirements for Head Marilyn S. Radke, HUMAN SERVICES Start and Early Head Start grantees who Reports Clearance Officer, Centers for Disease apply for funding to purchase, renovate, Control and Prevention. Administration for Children and or construct Head Start program Families [FR Doc. E9–10617 Filed 5–6–09; 8:45 am] facilities. The rule ensures that grantees use standard business practices when BILLING CODE 4163–18–P Submission for OMB Review; acquiring real property and that Federal Comment Request interest is preserved in properties acquired with public funds. The rule Title: Head Start Facilities further ensures compliance with all Construction, Purchase and Major other Federal statutes applicable to the Renovation—45 CFR 1309. expenditure of Federal funds when OMB No.: 0970–0193. acquiring real property. Description: The Office of Head Start Respondents: Head Start and Early is proposing to renew, without changes, Head Start grantees and delegate 45 CFR part 1309. This rule contains the agencies.
ANNUAL BURDEN ESTIMATES
Number of Average Number of responses burden Total burden Instrument respondents per hours per hours respondent response
Regulation ...... 200 1 41 8,200
Estimated Total Annual Burden Reduction Project, Fax: 202–395–7245, OMB No.: 0980–0242. Hours: 8,200. Attn: Desk Officer for the Description: Section 646 of the Head Additional Information: Copies of the Administration for Children and Start Act requires the Secretary of proposed collection may be obtained by Families. Health and Human Services to prescribe writing to the Administration for Dated: May 4, 2009. Children and Families, Office of a timeline for conducting administrative Administration, Office of Information Janean Chambers, hearings when adverse actions are taken Services, 370 L’Enfant Promenade, SW., Reports Clearance Officer. or proposed against Head Start and Washington, DC 20447, Attn: ACF [FR Doc. E9–10621 Filed 5–6–09; 8:45 am] Early Head Start grantees and delegate Reports Clearance Officer. All requests BILLING CODE 4184–01–P agencies. The Office of Head Start is should be identified by the title of the proposing to renew, without changes, information collection. E-mail address: this rule, which implements these [email protected]. DEPARTMENT OF HEALTH AND requirements and which prescribes OMB Comment: OMB is required to HUMAN SERVICES when a grantee must submit certain make a decision concerning the information and what that information collection of information between 30 Administration for Children and shall include. and 60 days after publication of this Families Respondents: Head Start and Early document in the Federal Register. Head Start grantees and Delegate Therefore, a comment is best assured of Proposed Information Collection having its full effect if OMB receives it Activity; Comment Request Agencies. within 30 days of publication. Written Proposed Projects comments and recommendations for the proposed information collection should Title: Head Start Program be sent directly to the following: Office Administrative Practice and Procedure; of Management and Budget, Paperwork Appeal Procedures, 45 CFR 1303.
ANNUAL BURDEN ESTIMATES
Number of Average Number of responses burden Total burden Instrument respondents per hours per hours respondent response
Rule ...... 20 1 26 520
Estimated Total Annual Burden on the specific aspects of the Office of Information Services, 370 Hours: 520. information collection described above. L’Enfant Promenade, SW., Washington, In compliance with the requirements Copies of the proposed collection of DC 20447, Attn: ACF Reports Clearance of Section 506(c)(2)(A) of the Paperwork information can be obtained and Officer. E-mail address: Reduction Act of 1995, the comments may be forwarded by writing [email protected]. All requests Administration for Children and to the Administration for Children and should be identified by the title of the Families is soliciting public comment Families, Office of Administration, information collection.
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The Department specifically requests ADDRESSES: Submit written comments number of pilot projects are under way comments on: (a) Whether the proposed on the information in this docket to the that will contribute to answering some collection of information is necessary Division of Dockets Management (HFA– of the many technical and policy for the proper performance of the 305), Food and Drug Administration, challenges that need to be addressed. To functions of the agency, including 5630 Fishers Lane, rm. 1061, Rockville, ensure the broadest possible availability whether the information shall have MD 20852. Submit electronic comments of information related to FDA’s Sentinel practical utility; (b) the accuracy of the to http://www.regulations.gov. See the Initiative and to encourage public agency’s estimate of the burden of the SUPPLEMENTARY INFORMATION section for participation in the initiative, FDA is proposed collection of information; (c) electronic access to the information. announcing the opening of a docket to the quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: receive and make available to the public information to be collected; and (d) Melissa Robb, Office of Critical Path reports and other information received ways to minimize the burden of the Programs, Food and Drug by FDA related to the Sentinel Initiative. collection of information on Administration, 5600 Fishers Lane, FDA is making this information respondents, including through the use Rockville, MD 20857, 301–827–1512. available in the docket listed at the top of automated collection techniques or SUPPLEMENTARY INFORMATION: of this notice, as well as on FDA’s other forms of information technology. Sentinel Web page at http:// Consideration will be given to I. Background www.fda.gov/oc/initiatives/advance/ comments and suggestions submitted An important part of FDA’s mission is sentinel/. within 60 days of this publication. to protect public health by monitoring FDA is interested in receiving input Dated: May 4, 2009. the safety of marketed regulated from interested parties, including Janean Chambers, products. FDA currently has a number individuals, and encourages those Reports Clearance Officer. of reporting systems in place for parties to submit to this docket relevant [FR Doc. E9–10622 Filed 5–6–09; 8:45 am] learning about and tracking reports of views and perspectives on the adverse events and product problems BILLING CODE 4184–01–P information included in the docket or associated with the use of FDA- on any other aspect of the Sentinel regulated products. However, most of Initiative. DEPARTMENT OF HEALTH AND these systems are passive; someone (e.g., As reports and other relevant HUMAN SERVICES a healthcare professional, consumer, information are submitted to the agency, pharmaceutical company) must first FDA will make them available to the Food and Drug Administration report such an event or problem to FDA. public by placing them in the docket To augment this mostly passive [Docket No. FDA–2009–N–0192] and posting them on the Sentinel Web approach to monitoring postmarket page. Those persons wishing to provide Availability of Information Related to safety, FDA announced in May 2008 the their views and perspectives are the Sentinel Initiative development of a system that would encouraged to send their input to the enable FDA to capitalize on the docket for broad public consideration. AGENCY: Food and Drug Administration, capabilities of multiple existing HHS. electronic health care data systems (e.g. II. Documents Being Submitted With ACTION: Notice. electronic health record systems, This Notice administrative claims databases, SUMMARY: The Food and Drug registries) to actively monitor regulated FDA is making available with this Administration (FDA) is announcing the product safety. notice the first of a series of documents opening of a docket to receive and to As currently envisioned, the system containing reports and other make available to the public reports and would enable FDA to query large information related to the Sentinel other relevant information received by participating data sources quickly and Initiative. This document contains a FDA related to the Sentinel Initiative. securely for relevant product safety report from the Group Health The goal of the Sentinel Initiative is to information. FDA would send questions Cooperative Center for Health Studies as develop a system that will ultimately to participating data holders, who in a result of the contract awarded on enable FDA to actively monitor the turn would, in accordance with existing Evaluation of Existing Methods for safety of marketed regulated products. privacy and security safeguards, Safety Signal Identification for the The information that will be made evaluate their data and send summary Sentinel Initiative. available is being developed primarily, results to FDA for agency review. This III. Submission of Input on the Contents but not exclusively, as a result of a system, which will be developed and of This Docket series of contracts awarded by FDA to implemented in stages, is expected to inform the development of the system. facilitate the development of active Interested persons may submit to the The information will be made available surveillance methodologies related to Division of Dockets Management (see in the docket under the docket number signal detection, signal strengthening, ADDRESSES) written or electronic views at the top of this notice, as well as on and signal validation. and perspectives regarding this FDA’s Sentinel Initiative Web page To be successful, the system will information. Submit a single copy of (Sentinel Web page) at http:// require the participation of many electronic submissions or two paper www.fda.gov/oc/initiatives/advance/ stakeholders. Since announcing the copies of any mailed submissions, sentinel/. FDA welcomes interested Sentinel Initiative, FDA has fostered a except that individuals may submit one parties, including individuals, to submit broad public forum to explore the paper copy. Submissions are to be to this docket their views and complexities of creating such a system. identified with the docket number perspectives on the information Numerous meetings have been held found in brackets in the heading of this included in the docket or on any other with a variety of stakeholders. Eight document. Received submissions may aspect of the Sentinel Initiative. contracts have been awarded to explore be seen in the Division of Dockets DATES: Submit written or electronic a variety of topics that will inform the Management between 9 a.m. and 4 p.m., comments at any time. development of the system, and a Monday through Friday.
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Electronic comments or submissions for opportunity for public comment on enhancements to raise the level of will be accepted by FDA only at http:// proposed data collection projects, the customer satisfaction with the services www.regulations.gov. National Heart, Lung and Blood provided by the NHLBI HIC. With Dated: April 30, 2009. Institute (NHLBI), the National subsequent surveys, data will Jeffrey Shuren, Institutes of Health (NIH) will publish demonstrate whether gains have been Associate Commissioner for Policy and periodic summaries of proposed made in areas for improvement and if Planning. projects to be submitted to the Office of new customer needs must be addressed. [FR Doc. E9–10555 Filed 5–6–09; 8:45 am] Management and Budget (OMB) for Frequency of Response: Twice a year. review and approval. BILLING CODE 4160–01–S Affected Public: Individuals. Type of Proposed Collection: Title: NHLBI Respondents: Individuals who contact Health Information Center’s Revolving the NHLBI HIC by telephone or e-mail DEPARTMENT OF HEALTH AND Customer Satisfaction Survey. Type of during each 1-month data collection HUMAN SERVICES Information Collection Request: NEW. period. The annual reporting burden is Need and Use of Information Collection: as follows: Estimated Number of National Institutes of Health The purpose of this survey is to identify Respondents: 99; Estimated Number of Responses per Respondent: 1; Average Proposed Collection; Comment those areas in which services provided Burden Hours per Response: 0.05; and Request; NHLBI Health Information by the NHLBI Health Information Center Estimated Total Annual Burden Hours Center’s Revolving Customer (HIC) to health professionals, patients Requested: 9.9. The annualized cost to Satisfaction Survey and their families, and the general public are outstanding and areas where respondents is estimated at: $242.15. SUMMARY: In compliance with the improvements are needed. That There are no Capital Costs, Operating requirement of section 3506(c)(2)(A) of information will be used to formulate Costs, and/or Maintenance Costs to the Paperwork Reduction Act of 1995, programs, processes, training, and report.
Estimated Estimated Annual Average total annual Type of respondent number of frequency of burden hours burden hours respondents response per response requested
General Public ...... 43 2 0.05 4.3 Private Companies ...... 14 2 0.05 1.4 Public Sector Groups ...... 13 2 0.05 1.3 Health Professionals ...... 29 2 0.05 2.9
Totals ...... 99 ...... 9.9
Request for Comments: Written Drive, Building 31, Room 4A10, 35 U.S.C. 207 to achieve expeditious comments and/or suggestions from the Bethesda, MD 21045, or call non-toll- commercialization of results of federally public and affected agencies are invited free number 301–496–4236 or e-mail funded research and development. on one or more of the following points: your request, including your address, to Foreign patent applications are filed on (1) Whether the proposed collection of [email protected]. selected inventions to extend market information is necessary for the proper Comments Due Date: Comments coverage for companies and may also be performance of the function of the regarding this information collection are available for licensing. agency, including whether the best assured of having their full effect if ADDRESSES: Licensing information and information will have practical utility; received within 60 days of the date of copies of the U.S. patent applications (2) The accuracy of the agency’s this publication. listed below may be obtained by writing estimate of the burden of the proposed Dated: April 28, 2009. to the indicated licensing contact at the collection of information, including the Ann M. Taubenheim, Office of Technology Transfer, National validity of the methodology and Principal Investigator, NHLBI. Institutes of Health, 6011 Executive assumptions used; (3) Ways to enhance [FR Doc. E9–10586 Filed 5–6–09; 8:45 am] Boulevard, Suite 325, Rockville, the quality, utility, and clarity of the BILLING CODE 4140–01–P Maryland 20852–3804; telephone: 301/ information to be collected; and (4) 496–7057; fax: 301/402–0220. A signed Ways to minimize the burden of the Confidential Disclosure Agreement will collection of information on those who DEPARTMENT OF HEALTH AND be required to receive copies of the are to respond, including the use of HUMAN SERVICES patent applications. appropriate automated, electronic, mechanical, or other technological National Institutes of Health Novel Inhibitors of Bone Morphogenetic collection techniques or other forms of Proteins information technology. Government-Owned Inventions; Description of Technology: Bone FOR FURTHER INFORMATION CONTACT: To Availability for Licensing Morphogenetic Proteins (BMPs) are request more information on the AGENCY: National Institutes of Health, signaling molecules that are central in a proposed project or to obtain a copy of Public Health Service, HHS. variety of biological processes, but were the data collection plans and ACTION: Notice. first recognized for their role in instruments, contact Dr. Ann M. inducing bone and cartilage Taubenheim, Principal Investigator, SUMMARY: The inventions listed below development. Abnormal BMP signaling National Heart, Lung, and Blood are owned by an agency of the U.S. has been implicated in the pathogenesis Institute, Office of Communications and Government and are available for of a class of joint disorders known as Legislative Activities, NIH, 31 Center licensing in the U.S. in accordance with spondyloarthropathies which includes
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ankylosing spondylitis, psoriatic Inventors: Malcolm C. Moos et al. Markets: arthritis, reactive arthritis, and arthritis (CBER/FDA), Frank P. Luyten (NIDCR). • Cancer is the second most common associated with inflammatory bowel Publications: None related to this cause of death in the U.S., exceeded disease. Therefore, inhibitors and invention. only by heart disease. In the U.S., cancer modulators of BMP signaling may be Patent Status: U.S. Provisional accounts for 1 of every 4 deaths and useful in managing these disorders. Application No. 61/086,679 filed 06 more than 2.4 million new cancer cases Moreover, the BMPs and their Aug 2008 (HHS Reference No. E–338– were expected to be diagnosed in 2008. antagonists have now been implicated 2005/0–US–01). • Age-related macular degeneration in myriad cell and tissue differentiation Licensing Status: Available for (AMD) is a degenerative disease of the and fate specification processes, licensing. retina that eventually leads to a loss of extending their utility far beyond Licensing Contact: Surekha Vathyam, vision. The wet form of AMD is the orthopedic and rheumatologic PhD; 301–435–4076; most common and is characterized by applications. Scientists at the Food and [email protected]. the abnormal growth of retina blood vessels and results in a rapid loss of Drug Administration, National Institutes Salcut-NH2: A Novel Target for central vision. It is estimated that AMD of Health and Katholieke Universiteit Development of Anti-Tumorigenic, affects 1.75 million people in the United Leuven have discovered a novel Anti-Angiogenic Therapeutics and States. inhibitor of BMPs called Secreted Diagnostics Modular Calcium Binding protein Inventors: Frank Cuttitta et al. (NCI). (SMOC) which is unrelated to known Description of Technology: Salcut- Publications: None related to this BMP inhibitors. NH2, a novel amidated peptide derived invention. This technology relates to a method from the Apelin proprotein, is shown to Patent Status: U.S. Provisional for treating disorders including joint induce the proliferation of cells. Application No. 61/156,351 filed 27 Feb disorders by administering a SMOC Uncontrolled cell proliferation is the 2009 (HHS Reference No. E–179–2008/ polypeptide to induce intracellular salient feature of cancer. Thus, 0–US–01). mitogen activated protein (MAP) kinase therapeutics that stop this aberrant cell Licensing Status: Available for activity to effect a reduction of BMP division are very desirable. Salcut-NH2 licensing. signaling activity in the cells of a can be the basis for developing novel Licensing Contact: Surekha Vathyam, patient. It also encompasses methods to inhibitors of cancer growth such as PhD; 301–435–4076; manipulate differentiation processes modified peptide antagonists like [email protected]. Collaborative Research Opportunity: regulated by BMPs. One prominent salcut-glycine (salcut-Gly). Alternately, The National Cancer Institute example is the specification of neural, salcut-NH2 could be the target of Angiogenesis Core Facility is seeking as opposed to epithelial, cell fate. antibody therapies that block its activity. In some instances, such as statements of capability or interest from Applications wound healing, inducing cell parties interested in collaborative • Treatment of joint diseases. proliferation would be advantageous. It research to further develop, evaluate, or • Manipulation of tissue fate also has been demonstrated that salcut- commercialize (1) Identification of new specification in vitro, alone or in NH2 induces angiogenesis so it may also biological functions for Salcut-NH2 or combination with other materials, in have application as a topically (2) Development of compounds that production of therapeutic cells and administered therapeutic for speeding suppress or augment Salcut-NH2 tissues. the healing of skin wounds. Finally, bioactivity. Please contact John D. increasing levels of salcut-NH2 in body Hewes, PhD at 301–435–3121 or Advantages fluids may be reflective of disease [email protected] for more • Ability to interrupt BMP signaling progression. A diagnostic kit for salcut- information. by a novel mechanism; NH2 could potentially be developed for Novel Oligonucleotides for Treatment • Predictable synergy with other BMP the prognosis of a variety of diseases of Human Cancer antagonists; associated with aberrant cell • No indication of being proliferation or angiogenesis. Description of Technology: Human immunosuppressive; endogenous retroviruses (HERVs) are • In some instances SMOC is Applications remnants of retroviruses that invaded associated with extracellular matrix • Development of therapeutics that and integrated into the human genome molecules, allowing for spatially inhibit cancer growth or diseases related 6–15 million years ago. One significant restricted BMP antagonism not possible to aberrant angiogenesis. type of HERV is ERV–9; approximately with diffusible factors such as noggin. • Topical therapeutic to hasten 5% of the total human genome Development Status: Early stage. wound healing. comprises sequences from this Market: Modulation of BMP signaling • Diagnostic for the prognosis of retrovirus family. The human genome by secreted inhibitors is involved in cancer or diseases related to aberrant contains approximately 50 copies of formation of the body axis, limbs and growth of blood vessels. ERV–9 along with 3000–4000 copies of joints, all organs, and nervous tissue, to solitary elements of ERV–9 regulatory name a few. The applications of SMOC Advantages regions, called long terminal repeats in conjunction with other growth factors • Naturally derived peptide and thus (LTRs). The solitary LTRs contain in vitro in various developmental negligible immunogenicity. promoter and enhancer elements that programs to produce therapeutic cells • Amidation makes salcut-NH2 drive expression of genes located and/or tissues are therefore numerous. resistant to proteases and increases its proximally to the LTR. Therefore, In addition, BMPs are involved in many availability. insertion of an ERV–9 LTR proximal to disorders in man, and modulating their • Small peptides are readily excreted an oncogene could initiate activities may provide a therapeutic facilitating measurement of salcut-NH2 carcinogenesis. benefit for a number of diseases and for diagnostic purposes. This invention relates to the use of disorders such as arthritis and Development Status: Early stage; pre- antisense and sense oligonucleotides spondyloarthropathies. clinical data available. (oligos) targeting the RNAs of ERV–9
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LTR as a treatment for various cancers, Licensing Contact: Surekha Vathyam, MSC 7806, Bethesda, MD 20892, (301) 451– including human breast, liver, prostate, PhD; 301–435–4076; 1323, [email protected]. and myeloid cancers and fibrosarcomas. [email protected]. Name of Committee: Biological Chemistry The inventors have shown that the Dated: April 30, 2009. and Macromolecular Biophysics; Integrated ERV–9 LTR sense and antisense oligos Richard U. Rodriguez, Review Group, Macromolecular Structure can inhibit cancer cell proliferation in and Function—B Study Section. Director, Division of Technology Development Date: May 28–29, 2009. vitro more efficiently than the antisense and Transfer, Office of Technology Transfer, oligos of Bcl-2 (G3139) and telomerase National Institutes of Health. Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant (GRN163), both of which are currently [FR Doc. E9–10549 Filed 5–6–09; 8:45 am] in cancer clinical trials. The oligos have applications. BILLING CODE 4140–01–P minimal effects on the proliferation of Place: The Fairmont Washington, DC, 2401 primary normal human cells in vitro. M Street, NW., Washington, DC 20037. These oligos have potential as a new DEPARTMENT OF HEALTH AND Contact Person: Arnold Revzin, PhD, therapeutic agent to suppress tumor cell HUMAN SERVICES Scientific Review Officer, Center for growth, either when used alone or in Scientific Review, National Institutes of conjunction with other antisense oligos National Institutes of Health Health, 6701 Rockledge Drive, Room 4146, or with chemotherapeutic agents such MSC 7824, Bethesda, MD 20892, (301) 435– as VePesid. Furthermore, sense and Center for Scientific Review; Notice of 1153, [email protected]. antisense RNA transcripts of ERV–9 Closed Meetings Name of Committee: Immunology LTR were detected in many human Integrated Review Group; Cellular and normal and tumor cells in this Pursuant to section 10(d) of the Molecular Immunology—A Study Section. invention. The sense and antisense RNA Federal Advisory Committee Act, as Date: May 28–29, 2009. may form double stranded RNA and act amended (5 U.S.C. App.), notice is Time: 8:30 a.m. to 2 p.m. as siRNA to regulate gene expression. hereby given of the following meetings. Agenda: To review and evaluate grant The meetings will be closed to the applications. Applications public in accordance with the Place: Hilton Crystal City, 2399 Jefferson • Therapeutic oligos of the invention provisions set forth in sections Davis Highway, Arlington, VA 22202. can be used to treat variety of cancers 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Samuel C. Edwards, PhD, including, but not limited to, breast, as amended. The grant applications and Scientific Review Officer, Center for liver, myeloid and prostate cancers and the discussions could disclose Scientific Review, National Institutes of fibrosarcomas. confidential trade secrets or commercial Health, 6701 Rockledge Drive, Room 4200, • The oligos can be used either singly property such as patentable material, MSC 7812, Bethesda, MD 20892. (301) 435– or as adjuvant therapy with and personal information concerning 1152. [email protected]. chemotherapeutic agents. individuals associated with the grant Name of Committee: Center for Scientific • ERV–9 LTR related cancers can be applications, the disclosure of which Review Special Emphasis Panel; diagnosed by comparative analysis of would constitute a clearly unwarranted Bioengineering Member Conflicts. the levels of ERV–9 LTR RNAs in invasion of personal privacy. Date: May 29, 2009. tumors versus those of healthy tissues. Time: 10 a.m. to 11 a.m. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Advantages Review Special Emphasis Panel; Cancer applications. • Greater inhibition of cell Pathobiology ARRA CR. Date: May 19, 2009. Place: National Institutes of Health, 6701 proliferation by oligos of the invention Time: 2 p.m. to 6 p.m. Rockledge Drive, Bethesda, MD 20892 compared to the Bcl-2, telomerase and Agenda: To review and evaluate grant (Telephone Conference Call). MDM2-specific antisense oligos which applications. Contact Person: Ping Fan, MD, PhD, are currently in development as cancer Place: Hilton Alexandria Old Town, 1767 Scientific Review Officer, Center for therapies. King Street, Alexandria, VA 22314. Scientific Review, National Institutes of • The therapeutic effect of the oligos Contact Person: Elaine Sierra-Rivera, PhD, Health, 6701 Rockledge Drive, Room 5154, is specific for cancer cells as the oligos Scientific Review Officer, Center for MSC 7840, Bethesda, MD 20892. 301–435– do not significantly alter proliferation of Scientific Review, National Institutes of 1740. [email protected]. Health, 6701 Rockledge Drive, Room 6184, normal human cells. (Catalogue of Federal Domestic Assistance Development Status: In vivo testing of MSC 7804, Bethesda, MD 20892. 301–435– 1779. [email protected]. Program Nos. 93.306, Comparative Medicine; therapeutic sense and antisense oligos This notice is being published less than 15 93.333, Clinical Research, 93.306, 93.333, in mouse xenograft models has been days prior to the meeting due to the timing 93.337, 93.393–93.396, 93.837–93.844, successfully conducted. limitations imposed by the review and 93.846–93.878, 93.892, 93.893, National Market: Cancer is the second leading funding cycle. Institutes of Health, HHS) cause of death in the United States. Name of Committee: Biological Chemistry Dated: April 30, 2009. More than 1 million Americans are and Macromolecular Biophysics; Integrated diagnosed with cancer each year. Review Group, Biochemistry and Biophysics Jennifer Spaeth, Inventors: Lai Xu (FDA/CDER), Abdel of Membranes Study Section. Director, Office of Federal Advisory Elkahloun (NHGRI), Fabio Candotti Date: May 28–29, 2009. Committee Policy. (NHGRI), Amy Rosenberg. (FDA/CDER) Time: 8 a.m. to 5 p.m. [FR Doc. E9–10529 Filed 5–6–09; 8:45 am] Agenda: To review and evaluate grant Publications: None related to BILLING CODE 4140–01–M invention have been published. applications. Patent Status: U.S. Provisional Place: The Dupont Hotel, 1500 New Hampshire Avenue, NW., Washington, DC Application No. 61/191,911 filed 11 Sep 20036. 2008 (HHS Reference No. E–092–2008/ Contact Person: Nuria E. Assa-Munt, PhD, 0–US–01). Scientific Review Officer, Center for Licensing Status: Available for Scientific Review, National Institutes of licensing. Health, 6701 Rockledge Drive, Room 4164,
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DEPARTMENT OF HEALTH AND Neurological Disorders and Stroke Time: 1 p.m. to 5 p.m. HUMAN SERVICES Council, previously scheduled for May Agenda: To review and evaluate grant 27, 2009, 6 p.m. to 7:30 p.m., Hyatt applications. National Institutes of Health Regency Bethesda, One Bethesda Metro Place: National Institutes of Health, National Institute on Aging, 7201 Wisconsin Center, 7400 Wisconsin Avenue, Eunice Kennedy Shriver National Avenue, Room 2C212, Bethesda, MD 20814 Bethesda, MD 20814 which was (Telephone Conference Call). Institute of Child Health & Human published in the Federal Register on Development; Notice of Closed Contact Person: Rebecca J. Ferrell, PhD, April 22, 2009, 74FRN18389. Scientific Review Officer, National Institute Meeting The closed session of the Clinical on Aging, Gateway Building 2C212, 7201 Pursuant to section 10(d) of the Trials Subcommittee meeting will now Wisconsin Avenue, Bethesda, MD 20814. Federal Advisory Committee Act, as be held on May 28, 2009 from 8 a.m. to 301–402–7703. [email protected]. amended (5 U.S.C. App.), notice is 9:45 a.m. and the open session will be Name of Committee: National Institute on hereby given of the following meeting. held on May 28, 2009 from 9:45 a.m. to Aging Special Emphasis Panel; Alzheimer’s The meeting will be closed to the 10 a.m. in Building 31 on the NIH Disease Drug Development. Date: July 7, 2009. public in accordance with the Campus. The meeting is partially Closed to the public. Time: 11:30 a.m. to 4 p.m. provisions set forth in sections Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dated: April 29, 2009. applications. as amended. The grant applications and Jennifer Spaeth, Place: National Institutes of Health, the discussions could disclose Director, Office of Federal Advisory National Institute on Aging, Gateway confidential trade secrets or commercial Committee Policy. Building Room 2C–212, Bethesda, MD 20892 (Telephone Conference Call). property such as patentable material, [FR Doc. E9–10423 Filed 5–6–09; 8:45 am] and personal information concerning Contact Person: Alexander Parsadanian, BILLING CODE 4140–01–P individuals associated with the grant PhD, Scientific Review Officer, National Institute on Aging, Gateway Building 2C/212, applications, the disclosure of which 7201 Wisconsin Avenue, Bethesda, MD would constitute a clearly unwarranted DEPARTMENT OF HEALTH AND 20892. 301–402–7703. invasion of personal privacy. HUMAN SERVICES [email protected]. Name of Committee: National Institute of Name of Committee: National Institute on Child Health and Human Development National Institutes of Health Aging Special Emphasis Panel; Evaluation of Special Emphasis Panel; Prenatal Medicare. Programming. National Institute on Aging; Notice of Date: July 29, 2009. Date: June 2, 2009. Closed Meetings Time: 12 p.m. to 4 p.m. Time: 1 p.m. to 3 p.m. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Pursuant to section 10(d) of the applications. applications. Federal Advisory Committee Act, as Place: National Institute on Aging, Place: National Institutes of Health, 6100 amended (5 U.S.C. App.), notice is Gateway Building, 7201 Wisconsin Avenue, Executive Boulevard, Room 5B01, Rockville, hereby given of the following meetings. Room 2C212, Bethesda, MD 20892 MD 20852 (Telephone Conference Call). (Telephone Conference Call). Contact Person: Dennis E. Leszczynski, The meetings will be closed to the public in accordance with the Contact Person: Jeannette L. Johnson, PhD, PhD, Scientific Review Administrator, Scientific Review Officer, National Institutes Division of Scientific Review, National provisions set forth in sections on Aging, National Institutes of Health, 7201 Institute of Child Health, and Human 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Wisconsin Avenue, Suite 2C212, Bethesda, Development, NIH, 6100 Exeuctive Blvd., as amended. The grant applications and MD 20892, 301–402–7705, Rm. 5B01, Bethesda, MD 20892, (301) 435– the discussions could disclose [email protected]. 6884, [email protected]. confidential trade secrets or commercial (Catalogue of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance property such as patentable material, Program Nos. 93.866, Aging Research, Program Nos. 93.864, Population Research; and personal information concerning National Institutes of Health, HHS) 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation individuals associated with the grant Dated: April 30, 2009. Research; 93.209, Contraception and applications, the disclosure of which Jennifer Spaeth, would constitute a clearly unwarranted Infertility Loan Repayment Program, National Director, Office of Federal Advisory Institutes of Health, HHS) invasion of personal privacy. Committee Policy. Dated: April 30, 2009. Name of Committee: National Institute on [FR Doc. E9–10600 Filed 5–6–09; 8:45 am] Aging Special Emphasis Panel; Insulin and Jennifer Spaeth, BILLING CODE 4140–01–P Director, Office of Federal Advisory IFG–1 Signaling Effects on Mouse Lifespan. Committee Policy. Date: June 11, 2009. Time: 1 p.m. to 5 p.m. [FR Doc. E9–10607 Filed 5–6–09; 8:45 am] Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P applications. HUMAN SERVICES Place: National Institutes of Health, Gateway Building, 7201 Wisconsin Avenue, National Institutes of Health DEPARTMENT OF HEALTH AND Room 2C212, Bethesda, MD 20892 HUMAN SERVICES (Telephone Conference Call). Office of the Director, National Contact Person: Elaine Lewis, PhD, Institutes of Health; Notice of Meeting National Institutes of Health Scientific Review Officer, Scientific Review Pursuant to section 10(a) of the Branch, National Institute on Aging, Gateway National Institute of Neurological Building, Suite 2C212, MSC–9205, 7201 Federal Advisory Committee Act, as Disorders and Stroke; Amended Notice Wisconsin Avenue, Bethesda, MD 20892. amended (5 U.S.C. App.), notice is of Meeting 301–402–7707. [email protected]. hereby given of a meeting of the Name of Committee: National Institute on Advisory Committee to the Director, Notice is hereby given of a change in Aging Special Emphasis Panel; Regulation of NIH. the meeting of the Clinical Trials Bone Mass Accrual by Serotonin. The meeting will be open to the Subcommittee of the National Advisory Date: June 22, 2009. public, with attendance limited to space
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available. Individuals who plan to Dated: April 30, 2009. by a counselor who will use a scripted attend and need special assistance, such Jennifer Spaeth, manual to guide the intervention. as sign language interpretation or other Director, Office of Federal Advisory Participants in the SBI will be assessed reasonable accommodations, should Committee Policy. at each visit (to monitor alcohol use), notify the Contact Person listed below [FR Doc. E9–10528 Filed 5–6–09; 8:45 am] referred for additional services to in advance of the meeting. BILLING CODE 4140–01–M support their efforts to stop drinking, Name of Committee: Advisory Committee and will be provided with the 10–15 to the Director, NIH. minute intervention. Clients will be Date: June 4, 2009. DEPARTMENT OF HEALTH AND followed up until their 36th week of Time: 8:30 a.m. to 5 p.m. HUMAN SERVICES pregnancy. Agenda: Among the topics proposed for At baseline, a screening tool will be Substance Abuse and Mental Health discussion are: (1) NIH Director’s Report; (2) administered by the WIC or Healthy/ Services Administration NIH Director’s Council of Public Health Start counselor to assess Representatives Liaison Report; and (3) other Agency Information Collection pregnant women at the participating business of the Committee. sites or health care delivery programs. Place: National Institutes of Health, Activities: Submission for OMB Building 31, 31 Center Drive, Bethesda, MD Review; Comment Request Women will be assessed for risk using 20892. the T–ACE or TWEAK screening Contact Person: Penny W. Burgoon, PhD, Periodically, the Substance Abuse and instruments which have been used Senior Assistant to the Deputy Director, Mental Health Services Administration successfully with pregnant women. Office of the Director, National Institutes of (SAMHSA) will publish a summary of Both quantity and frequency of drinking Health, 1 Center Drive, Building 1, Room information collection requests under will be assessed. In addition, basic 109, Bethesda, MD 20892, 301–451–5870, OMB review, in compliance with the demographic data will be collected (age, [email protected]. Paperwork Reduction Act (44 U.S.C. race/ethnicity, education, and marital Any interested person may file written Chapter 35). To request a copy of these status) at baseline by participating sites comments with the committee by forwarding documents, call the SAMHSA Reports but no personal identification the statement to the Contact Person listed on Clearance Officer on (240) 276–1243. information will be transmitted to this notice. The statement should include the SAMHSA. name, address, telephone number and when Project: SAMHSA Fetal Alcohol applicable, the business or professional Spectrum Disorders Center for On a monthly basis, as clients return affiliation of the interested person. Excellence Screening and Brief for their WIC or Healthy/Health Start In the interest of security, NIH has Intervention Evaluation—New program counseling session, follow-up instituted stringent procedures for entrance Since 2001, SAMHSA’s Center for data will be collected by the WIC or onto the NIH campus. All visitor vehicles, Substance Abuse Prevention has been Healthy Start counselor. At each including taxicabs, hotel, and airport shuttles monthly follow-up visit, the quantity will be inspected before being allowed on operating the SAMHSA Fetal Alcohol Spectrum Disorders (FASD) Center for and frequency of drinking will be campus. Visitors will be asked to show one assessed and the client’s goals for form of identification (for example, a Excellence. The purpose of the FASD Center is to prevent FASD and improve drinking will be recorded. In addition, government-issued photo ID, driver’s license, process level variables will be assessed or passport) and to state the purpose of their the treatment of FASD. The FASD visit. Center’s activities include providing to understand how the program is being Information is also available on the training, technical assistance, and implemented (e.g., whether SBI was Institute’s/Center’s home page: http:// subcontracts to increase the use of delivered; what referrals were made; www.nih.gov/about/director/acd.htm, where effective evidence-based interventions. which referral services were received). an agenda and any additional information for The FASD Center will be integrating At the 36th week of pregnancy, the the meeting will be posted when available. Screening and Brief Intervention (SBI) client will be asked for permission to (Catalogue of Federal Domestic Assistance for pregnant women through service place her record from this program into Program Nos. 93.14, Intramural Research delivery organizations and will be her infant’s medical record (upon Training Award; 93.22, Clinical Research evaluating the results. Seven sites will delivery) and quantity and frequency of Loan Repayment Program for Individuals implement the SBI program operated drinking will be assessed. from Disadvantaged Backgrounds; 93.232, through WIC or Healthy/Health Start. The data collection is designed to Loan Repayment Program for Research Using the protocol developed by evaluate the implementation of the Generally; 93.39, Academic Research Enhancement Award; 93.936, NIH Acquired O’Connor and Whaley, each of the proposed Screening and Brief Immunodeficiency Syndrome Research Loan participating WIC and Healthy Start Intervention by measuring whether Repayment Program; 93.187, Undergraduate programs will be screening pregnant abstinence from alcohol is achieved. Scholarship Program for Individuals from women to identify those who are Furthermore, the project will include Disadvantaged Backgrounds, National currently drinking. The SBI focuses on process measures to assess whether and Institutes of Health, HHS) 10- to 15-minute sessions of counseling how the intervention was provided.
ESTIMATED ANNUALIZED BURDEN HOURS
Number of Average Total burden Screening tool/activity Number of responses per burden per hours per respondents respondent response collection
Client Surveys: Assessment/Baseline Data Collection (Form A, B or C) ...... 3,428 1 .25 857 Client Surveys: Monthly Follow-up (85% of baseline x 4 months maximum) (Form D, E and F) ...... 2,914 4 .21 2,448 Assessment Data Collection at 36th week (85% of baseline) (Form D, G, and H) ...... 2,914 1 .16 466
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ESTIMATED ANNUALIZED BURDEN HOURS—Continued
Number of Average Total burden Screening tool/activity Number of responses per burden per hours per respondents respondent response collection
Total ...... 3,428 ...... 3,771
Written comments and FOR FURTHER INFORMATION CONTACT: number (202) 708–3587. Persons with recommendations concerning the Stanley Gimont, Director, Office of hearing or speech impairments may proposed information collection should Block Grant Assistance, Department of access this number via TTY by calling be sent by June 8, 2009 to: SAMHSA Housing and Urban Development, Room the Federal Information Relay Service at Desk Officer, Human Resources and 7286, 451 7th Street, SW., Washington, (800) 877–8339. FAX inquiries may be Housing Branch, Office of Management DC 20410, telephone number (202) 708– sent to Mr. Gimont at (202) 401–2044. and Budget, New Executive Office 3587. Persons with hearing or speech (Except for the ‘‘800’’ number, these Building, Room 10235, Washington, DC impairments may access this number telephone numbers are not toll-free.) 20503; due to potential delays in OMB’s via TTY by calling the Federal Dated: April 30, 2009. Information Relay Service at (800) 877– receipt and processing of mail sent Nelson R. Brego´n, through the U.S. Postal Service, 8339. FAX inquiries may be sent to Mr. Gimont at (202) 401–2044. (Except for General Deputy Assistant Secretary for respondents are encouraged to submit Community Planning and Development. comments by fax to: 202–395–6974. the ‘‘800’’ number, these telephone numbers are not toll-free.) [FR Doc. E9–10687 Filed 5–6–09; 8:45 am] Dated: April 29, 2009. BILLING CODE 4210–67–P Elaine Parry, Dated: April 14, 2009. Director, Office of Program Services. Nelson R. Brego´n, [FR Doc. E9–10608 Filed 5–6–09; 8:45 am] General Deputy Assistant Secretary for DEPARTMENT OF HOUSING AND Community Planning and Development. BILLING CODE 4162–20–P URBAN DEVELOPMENT [FR Doc. E9–10688 Filed 5–6–09; 8:45 am] BILLING CODE 4210–67–P [Docket No. FR–5306–FA–01] DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Announcement of Funding Awards for DEPARTMENT OF HOUSING AND Fiscal Year 2008 for the Housing [Docket No. FR–5313–N–01] URBAN DEVELOPMENT Choice Voucher Program [Docket No. FR–5321–N–01] Notice of Availability: Notice of AGENCY: Office of the Assistant Funding Availability (NOFA) for Fiscal Notice of Availability: Notice of Secretary for Public and Indian Year (FY) 2009; Neighborhood Funding Availability (NOFA) for the Housing, HUD. Stabilization Program Technical Neighborhood Stabilization Program 2 ACTION: Announcement of Fiscal Year Assistance Under the American Under the American Recovery and (FY) 2008 awards. Recovery and Reinvestment Act of Reinvestment Act, 2009 2009 SUMMARY: In accordance with Section AGENCY: Office of the Assistant 102(a)(4)(C) of the Department of AGENCY: Office of the Assistant Secretary for Community Planning and Housing and Urban Development Secretary for Community Planning and Development, HUD. Reform Act of 1989, this document Development, HUD. ACTION: Notice. notifies the public of funding awards for ACTION: Notice. Fiscal Year (FY) 2008 to housing SUMMARY: HUD announces the agencies (HAs) under the Section 8 SUMMARY: HUD announces the availability of, and funding criteria for, housing choice voucher program. The availability on its website of the approximately $1.93 billion available in application information, submission competitive grants for the Neighborhood purpose of this notice is to publish the deadlines, funding criteria, and other Stabilization Program 2 (NSP2) names, addresses, and the amount of the requirements for the FY2009 authorized under the American awards to HAs for non-competitive Neighborhood Stabilization Program Recovery and Reinvestment Act of 2009 funding awards for housing conversion Technical Assistance (NSP–TA) under (Pub. L. 111–5, approved February 17, actions, public housing relocations and the American Recovery and 2009). The purpose of this assistance is replacements, moderate rehabilitation Reinvestment Act of 2009 (Pub. L. 111– to stabilize neighborhoods whose replacements, and HOPE VI voucher 5, approved February 17, 2009) (the viability has been and continues to be awards. Recovery Act). The Recovery Act damaged by the economic effects of FOR FURTHER INFORMATION CONTACT: authorizes $50 million for HUD’s NSP– properties that have been foreclosed Danielle Bastarache, Director, Office of TA program, the purpose of which is to upon and abandoned. The NOFA Housing Voucher Programs, Office of provide technical assistance to achieve establishing program requirements and Public and Indian Housing, Department the highest performance and results for waivers is available on the HUD Web of Housing and Urban Development, HUD’s Neighborhood Stabilization site at http://www.hud.gov/recovery. 451 Seventh Street, SW., Room 4228, Program. The notice providing FOR FURTHER INFORMATION CONTACT: Washington, DC 20410–5000, telephone information regarding the application Stanley Gimont, Director, Office of (202) 402–0477. Hearing- or speech- process, funding criteria and eligibility Block Grant Assistance, Department of impaired individuals may call HUD’s requirements is available on the HUD Housing and Urban Development, Room TTY number at (800) 927–7589. (Only Web site at http://www.hud.gov/ 7286, 451 Seventh Street, SW., the ‘‘800’’ telephone number is toll- recovery. Washington, DC 20410, telephone free.)
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SUPPLEMENTARY INFORMATION: The families in properties where the owner 1000 units or 8.5% for PHAs with over regulations governing the housing has prepaid the HUD mortgage; (4) to 1000 units could be used to fund tenant choice voucher program are published provide relocation housing assistance in protection actions. For PHAs with 250 at 24 CFR part 982. The regulations for connection with the demolition of or fewer units, HUD did not use NRA allocating housing assistance budget public housing; (5) to provide for tenant protection needs. PHAs that authority under Section 213(d) of the replacement housing assistance for were awarded vouchers for public Housing and Community Development single room occupancy (SRO) units that housing relocation or replacement and Act of 1974 are published at 24 CFR part fail housing quality standards (HQS); HOPE VI tenant protection, and whose 791, subpart D. and (6) to assist families in public budget authority is indicated with an The purpose of this rental assistance housing developments that are asterisk, were awarded minimal funds program is to assist eligible families to scheduled for demolition in connection for authority due to the use of NRA to pay their rent for decent, safe, and with a HUD-approved HOPE VI fully or partially fund their tenant sanitary housing. The FY2008 awardees Revitalization or Demolition Grant. protection voucher needs. announced in this notice were provided Limited administrative fees were added The Department awarded total new Section 8 funds on an as-needed, non- to each assignment for the budget authority of $146,833,794 for competitive basis, i.e., not pursuant to administration of housing choice 19,605 housing choice vouchers to the provisions of a Notice of Funding vouchers awarded under this notice. recipients under all of the above- Availability (NOFAs). Tenant protection Awards made subsequent to the mentioned categories. In addition, HUD voucher awards made to PHAs for Consolidated Appropriations Act, 2008, authorized 18 PHAs to use a total of program actions that displace families are assigned administrative fees $15,560,146 in net restricted assets to living in public housing were made on quarterly under a separate process. offset awards made in FY 2008. The a first-come, first-served basis in Special housing fees were included for total cost of vouchers awarded is accordance with PIH Notice 2007–10, applicable Housing tenant protection $162,393,940, which includes Voucher Funding in Connection with awards. $2,932,211 that was provided from the the Demolition or Disposition of PHAs awarded housing choice HOPE VI account. Occupied Public Housing Units. vouchers in connection with a public In accordance with Section Announcements of awards provided housing demolition/disposition plan 102(a)(4)(C) of the Department of under the NOFA process for mainstream were authorized to use their available Housing and Urban Development housing and designated housing net restricted assets (NRA) to offset the Reform Act of 1989 (103 Stat. 1987, 42 programs will be published in a separate required budget authority for units U.S.C. 3545), the Department is Federal Register notice. requested, if the PHA had a significant publishing the names, addresses, and Awards published under this notice accumulation of unspent housing amounts of those awards as shown in were provided (1) to assist families assistance payment funds available. Appendix A alphabetically by State living in HUD-owned properties that are For NRA criteria, the Department then by PHA name. being sold; (2) to assist families affected determined that the amount of total Dated: April 27, 2009. by the expiration or termination of their January 1, 2008, NRA remaining after Paula O. Blunt, project-based Section 8 and moderate offsets exceeded 17% of CY 2008 General Deputy Assistant, Secretary for Public rehabilitation contracts; (3) to assist eligibility for PHAs with 251 through and Indian Housing.
SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2008
Housing agency Address Units Award
Public Housing Tenant Protection Mod Rehab Replacements
HA OF SELMA ...... P.O. BOX 950, SELMA, AL 36702 ...... 1 $3,767 HA OF TUSCALOOSA ...... P.O. BOX 2281, TUSCALOOSA, AL 35403 ...... 19 82,329 HA OF BESSEMER ...... P.O. BOX 1390, BESSEMER, AL 35021 ...... 11 63,437 SAN FRANCISCO HA ...... 440 TURK ST, SAN FRANCISCO, CA 94102 ...... 1 5,198 COUNTY OF LOS ANGELES HA ... 2 CORAL CIRCLE, MONTEREY PARK, CA ...... 56 552,263 CITY OF LOS ANGELES HA ...... 2600 WILSHIRE BLVD, 3RD FL, LOS ANGELES, CA 90057 ...... 19 170,494 COUNTY OF MONTEREY HA ...... 123 RICO ST, SALINAS, CA 93907 ...... 7 55,678 SAN JOSE HA ...... 505 WEST JULIAN ST, SAN JOSE, CA 95110 ...... 1 12,879 COUNTY OF SANTA CLARA HA ... 505 WEST JULIAN ST, SAN JOSE, CA 95110 ...... 4 51,516 ALAMEDA COUNTY HA ...... 22941 ATHERTON ST, HAYWARD, CA 94541 ...... 2 13,438 SANTA CRUZ COUNTY HA ...... 2931 MISSION ST, SANTA CRUZ, CA 95060 ...... 22 234,093 COUNTY OF SAN DIEGO ...... 3989 RUFFIN RD, SAN DIEGO, CA 92123 ...... 2 9,546 CITY OF HARTFORD ...... 550 MAIN ST, HARTFORD, CT 06103 ...... 5 39,735 CONN DEPT OF SOCIAL SERV- 25 SIGOURNEY ST, 9TH FL, HARTFORD, CT 06105 ...... 6 52,741 ICES. DISTRICT OF COLUMBIA HA ...... 1133 NORTH CAPITOL ST, NE, WASHINGTON, DC 20002 ...... 119 1,435,940 MIAMI DADE HA ...... 1401 NW 7TH ST, MIAMI, FL 33125 ...... 197 1,621,024 HA ATLANTA GA ...... 230 JOHN WESLEY DOBBS AVE, NE, ATLANTA, GA 30303 ...... 27 258,925 CITY OF DES MOINES MUNIC HA 100 EAST EUCLID, STE 101 DES MOINES, IA 50313 ...... 6 27,796 NEW ORLEANS HA ...... 4100 TOURO ST, NEW ORLEANS, LA 70122 ...... 21 90,096 SHREVEPORT HAORITY ...... 2500 LINE AVE, SHREVEPORT, LA 71104 ...... 20 88,353 COMM DEV PROG COMM OF MA, 100 CAMBRIDGE ST, BOSTON, MA 02114 ...... 39 410,492 EOCD. MAINE STATE HA ...... 353 WATER ST, AUGUSTA, ME 04330 ...... 16 91,010 MINNEAPOLIS PHA ...... 1001 WASHINGTON AVE NORTH, MINNEAPOLIS, MN 55401 ...... 3 2,395 ST. LOUIS HA ...... 4100 LINDELL BLVD, ST. LOUIS, MO 63108 ...... 3 19,520
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SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2008—Continued
Housing agency Address Units Award
HA WINSTON-SALEM ...... 500 WEST FOURTH ST, STE 300, WINSTON-SALEM, NC 27101 ...... 36 204,401 ALBUQUERQUE HA ...... 1840 UNIVERSITY BLVD, SE, ALBUQUERQUE, NM 87106 ...... 1 5,494 HA OF MECHANICVILLE ...... HARRIS AVE, MECHANICVILLE, NY 12118 ...... 9 46,746 HA OF BEACON ...... 1 FORRESTAL HEIGHTS, BEACON, NY 12508 ...... 1 2,221
Section 8 Rental Assistance Programs Announcement of Awards for Fiscal Year 2008
TOWN OF AMHERST ...... 1195 MAIN ST, BUFFALO, NY 14209 ...... 6 25,934 CITY OF BUFFALO ...... 470 FRANKLIN ST, BUFFALO, NY 14202 ...... 59 261,743 CINCINNATI METRO HA ...... 16 WEST CENTRAL PKWY, CINCINNATI, OH 45210 ...... 15 92,183 HA OF JACKSON COUNTY ...... 2231 TABLE ROCK RD, MEDFORD, OR 97501 ...... 1 4,966 JOSEPHINE HSG COMMUNITY .... P.O. BOX 1630, GRANTS PASS, OR 97528 ...... 5 23,079 HA OF THE CITY OF PITTS- 200 ROSS ST, PITTSBURGH, PA 15219 ...... 1 6,497 BURGH. DAUPHIN COUNTY HA ...... 501 MOHN ST, STEELTON, PA 17113 ...... 9 55,539 MUNICIPALITY OF VEGA BAJA .... P.O. BOX 4555, VEGA BAJA, PR 00694 ...... 22 113,903 PUERTO RICO HSG FIN CORP .... CALL BOX 71361–GPO, SAN JUAN, PR 00936 ...... 124 629,047 HA OF CHARLESTON ...... 20 FRANKLIN ST, CHARLESTON, SC 29401 ...... 3 2,331 HA COLUMBIA ...... 1917 HARDEN ST, COLUMBIA, SC 29204 ...... 1 995 HA SOUTH CAROLINA REG NO 1 404 CHURCH ST, LAURENS, SC 29360 ...... 72 300,967 S C STATE HSG FIN & DEV ...... 300–C OUTLET POINTE BLVD, COLUMBIA, SC 29210 ...... 23 101,902 HA MORRISTOWN ...... P.O. BOX 49, MORRISTOWN, TN 37815 ...... 5 16,012 HOUSTON HA ...... 2640 FOUNTAIN VIEW, HOUSTON, TX 77057 ...... 28 206,875 RICHMOND REDEV & HA ...... 901 CHAMBERLAYNE PKWY, RICHMOND, VA 23456 ...... 44 315,511 ROANOKE REDEV & HA ...... 2624 SALEM TRNPK, NW, ROANOKE, VA 24017 ...... 8 38,676 VERMONT STATE HA ...... ONE PROSPECT ST, MONTPELIER, VT 05602 ...... 28 153,294 CHARLESTON/KANAWHA HA ...... P.O. BOX 86, CHARLESTON, WV 25321 ...... 2 9,757
Total for Mod Rehab Replacements ...... 1,110 8,010,738
PH Relocations/Replacements
H/A CITY OF MONTGOMERY ...... 1020 BELL ST, MONTGOMERY, AL 36104 ...... 148 * 1 HA HUNTSVILLE ...... P.O. BOX 486, HUNTSVILLE, AL 35804 ...... 54 235,924 FORT SMITH HA ...... 2100 NORTH 31ST ST, FORT SMITH, AR 72904 ...... 155 547,063 CITY OF LOS ANGELES HA ...... 2600 WILSHIRE BLVD, 3RD FL, LOS ANGELES, CA 90057 ...... 651 * 1 COUNTY OF SANTA CLARA HA ... 505 WEST JULIAN ST, SAN JOSE, CA 95110 ...... 546 7,031,737 HA OF THE CITY AND CO OF 777 GRANT ST, DENVER, CO 80203 ...... 112 987,410 DENVER. HA OF THE CITY OF LAKEWOOD 445 S. ALLISON PKWY, LAKEWOOD, CO 80226 ...... 159 1,175,748 GRAND JUNCTION HA ...... 1011 NORTH TENTH ST, GRAND JUNCTION, CO 81501 ...... 30 142,092
Section 8 Rental Assistance Programs Announcement of Awards for Fiscal Year 2008
ADAMS COUNTY HA ...... 7190 COLORADO BLVD, 6TH FL, COMMERCE CITY, CO 80022 ...... 20 * 11,150 NEWARK HA ...... 313 E. MAIN ST, NEWARK, DE 19711 ...... 9 * 11,137 HA WEST PALM BEACH GEN’L 1715 DIVISION AVE, WEST PALM BEACH, FL 33407 ...... 47 * 407,716 FUND. HA FORT LAUDERDALE CITY ...... 437 SW 4TH AVE, FORT LAUDERDALE, FL 33315 ...... 72 * 1 FORT WALTON BEACH H/A ...... 27 ROBINWOOD DR, SW, FORT WALTON BEACH, FL 32548 ...... 50 229,956 SARASOTA OFFICE OF HSG AND 111 S ORANGE AVE, SARASOTA, FL 34236 ...... 46 330,825 HA OF WINTER HAVEN ...... 2670 AVE C SW, WINTER HAVEN, FL 33880 ...... 31 160,630 HA ATLANTA GA ...... 230 JOHN WESLEY DOBBS AVE, NE, ATLANTA, GA 30303 ...... 681 6,793,840 CITY OF CARROLLTON HA ...... P.O. BOX 627, CARROLLTON, GA 30112 ...... 42 298,958 NORTHWEST GEORGIA HA ...... 800 NORTH FIFTH AVE, ROME, GA 30162 ...... 49 215,838 MENARD COUNTY HA ...... P.O. BOX 168, PETERSBURG, IL 62675 ...... 5 23,009 GARY HA ...... 578 BROADWAY, GARY, IN 46402 ...... 225 1,512,432 NEW ORLEANS HA ...... 4100 TOURO ST, NEW ORLEANS, LA 70122 ...... 1,542 20,365,040 DETROIT HSG COMMISSION ...... 1301 EAST JEFFERSON AVE, DETROIT, MI 48207 ...... 258 * 71,211 ST PAUL PHA ...... 555 NORTH WABASHA, STE 400, ST. PAUL, MN 55102 ...... 9 70,133 SCOTT COUNTY CDA ...... 323 SOUTH NAUMKEAG ST, SHAKOPEE, MN 55379 ...... 14 103,033 THE BAY WAVELAND HA ...... P.O. BOX 2219, BAY ST. LOUIS, MS 39521 ...... 160 847,776 OMAHA HA ...... 540 SOUTH 27TH ST, OMAHA, NE 68105 ...... 161 * 417,161 KEENE HA ...... 831 COURT ST, KEENE, NH 03431 ...... 228 1,900,125 JERSEY CITY HA ...... 400 U.S. HIGHWAY #1, JERSEY CITY, NJ 07306 ...... 157 * 3 FRANKLIN TOWNSHIP HSG ...... ONE PARKSIDE ST, SOMERSET, NJ 08873 ...... 36 328,311 SANTA FE CIVIC HA ...... 664 ALTA VISTA, SANTA FE, NM 87505 ...... 104 750,871 COLUMBUS METRO HA ...... 880 EAST 11TH AVE, COLUMBUS, OH 43211 ...... 121 * 59,422 DAYTON METRO HA ...... 400 WAYNE AVE, DAYTON, OH 45401 ...... 46 225,421 HA OF JACKSON COUNTY ...... 2231 TABLE ROCK RD, MEDFORD, OR 97501 ...... 105 * 109,729 HA OF PORTLAND ...... 135 SW ASH ST, PORTLAND, OR 97204 ...... 158 1,058,821 HA OF YAMHILL ...... 135 NE DUNN PLACE, MCMINNVILLE, OR 97128 ...... 40 228,317
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SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2008—Continued
Housing agency Address Units Award
HA OF WASHINGTON ...... 111 NE LINCOLN ST, STE 200–L, MS63, HILLSBORO, OR 97124 ...... 22 149,706 CENTRAL OREGON REG HA ...... 405 SW 6TH ST, REDMOND, OR 97756 ...... 48 * 267,528 HA OF MYRTLE BEACH ...... P.O. BOX 2468, MYRTLE BEACH, SC 29578 ...... 14 73,849
Section 8 Rental Assistance Programs Announcement of Awards for Fiscal Year 2008
METROPOLITAN DEV & HA ...... 701 SOUTH SIXTH ST, NASHVILLE, TN 37202 ...... 12 66,059 SAN ANTONIO HA ...... 818 S. FLORES ST, SAN ANTONIO, TX 78295 ...... 154 * 865,961 MC ALLEN HA ...... 2301 JASMINE AVE, MC ALLEN, TX 78501 ...... 74 292,170 MERCEDES HA ...... 1098 W. EXPRESSWAY 83, MERCEDES, TX 78570 ...... 64 * 224,577 HA OF PORT ARTHUR ...... P.O. BOX 2295, PORT ARTHUR, TX 77643 ...... 152 841,958 WESLACO HA ...... P.O. BOX 95, WESLACO, TX 78596 ...... 89 354,661 ALAMO HA ...... 309 NORTH 9TH ST, ALAMO, TX 78516 ...... 12 47,992 HARLINGEN HA ...... P.O. BOX 1669, HARLINGEN, TX 78551 ...... 35 183,642 PHARR HA ...... 211 W AUDREY, PHARR, TX 78577 ...... 100 375,792 STARR COUNTY HA ...... 1601 W. CIRCLE DR, RIO GRANDE CITY, TX 78582 ...... 34 102,861 HA OF UTAH COUNTY ...... 240 EAST CENTER, PROVO, UT 84606 ...... 107 578,836 HARRISONBURG REDEV & HA .... 286 KELLEY ST, HARRISONBURG, VA 22801 ...... 100 474,612 HA OF THE CITY OF BREM- 110 RUSSELL RD P.O. BOX 4460, BREMERTON, WA 98312 ...... 214 1,273,882 ERTON.
Total for PH Relocations/Replacements ...... 7,502 52,824,929
SRO Relocations/Replacements
PHOENIX NEIGHBORHOOD 251 W. WASHINGTON ST, PHOENIX, AZ 85034 ...... 20 150,614 IMPROV. BOSTON HA ...... 52 CHAUNCY ST, BOSTON, MA 02111 ...... 6 75,526 ST. LOUIS HA ...... 4100 LINDELL BLVD, ST. LOUIS, MO 63108 ...... 48 312,382 CUYAHOGA MHA ...... 1441 WEST 25TH ST, CLEVELAND, OH 44113 ...... 16 103,730 SPOKANE HA ...... WEST 55 MISSION ST, STE 104, SPOKANE, WA 99201 ...... 37 175,100
Total for SRO Relocations/Replacements ...... 127 817,352
Witness Relocation
PLYMOUTH HA ...... P.O. BOX 3537, PLYMOUTH, MA 02361 ...... 1 14,652 MONTGOMERY CO HA ...... 10400 DETRICK AVE, KENSINGTON, MD 20895 ...... 6 120,256 MUNICIPALITY OF FAJARDO ...... P.O. BOX 1049, FAJARDO, PR 00738 ...... 1 9,708
Total for Witness Relocation ...... 8 144,616
Total for Public Housing Tenant Protection ...... 8,747 61,797,635
Housing Tenant Protection Preservation/Prepayment
H/A CITY OF MONTGOMERY ...... 1020 BELL ST, MONTGOMERY, AL 361046 ...... 88 568,145 CITY OF LOS ANGELES HA ...... 2600 WILSHIRE BLVD, 3RD FL, LOS ANGELES, CA 90057 ...... 16 160,989 COUNTY OF SAN DIEGO ...... 3989 RUFFIN RD, SAN DIEGO, CA 92123 ...... 226 2,198,745 HA OF THE CITY AND ...... 777 GRANT ST, DENVER, CO 80203 ...... 2 20,097 COLORADO SPRINGS HA ...... P.O. BOX 1575, MC 1490, COLORADO SPRINGS, CO 80901 ...... 29 212,846 CITY OF HARTFORD ...... 550 MAIN ST, HARTFORD, CT 06103 ...... 11 89,617 CONN DEPT OF SOCIAL SERV- 25 SIGOURNEY ST, 9TH FL, HARTFORD, CT 06105 ...... 40 371,062 ICES. GEORGIA DEPT OF COMM AF- 60 EXECUTIVE PARK SO, NE, STE 250, ATLANTA, GA 30329 ...... 18 105,260 FAIRS. CITY OF DES MOINES MUN. HA .. 100 EAST EUCLID, STE 101, DES MOINES, IA 50313 ...... 59 318,491 GEORGETOWN HA ...... 139 SCROGGIN PARK, GEORGETOWN, KY 40324 ...... 43 227,523 PIKE COUNTY HA ...... 510 MAIN ST, PIKEVILLE, KY 41501 ...... 30 112,636 BOWLING GREEN HA ...... 1017 COLLEGE ST., BOWLING GREEN, KY ...... 97 408,665 KENTUCKY HSG CORP ...... 1231 LOUISVILLE RD, FRANKFORT, KY 40601 ...... 28 138,162 EAST BATON ROUGE PHA ...... 4731 NORTH BLVD, BATON ROUGE, LA 70806 ...... 91 589,065 BOSTON HA ...... 52 CHAUNCY ST, BOSTON, MA 02111 ...... 168 2,168,086 HA OF BALTIMORE CITY ...... 417 EAST FAYETTE ST, BALTIMORE, MD 21201 ...... 19 149,238 LIVONIA HSG COMMISSION ...... 19300 PURLINGBROOK RD, LIVONIA, MI 48152 ...... 60 417,554 MICHIGAN STATE HSG DEV P.O. BOX 30044, LANSING, MI 48909 ...... 62 366,388 AUTH. METROPOLITAN COUNCIL HRA .. 390 ROBERT ST. NORTH, ST. PAUL, MN 551015 ...... 47 368,538 SPRINGFIELD HA ...... 421 WEST MADISON, SPRINGFIELD, MO 65806 ...... 11 37,449 HA CITY OF GREENVILLE ...... 1103 BROAD ST, GREENVILLE, NC 27834 ...... 46 203,719 NASHUA HA ...... 40 EAST PEARL ST., 1ST FL, NASHUA, NH 03060 ...... 95 878,503 NEW JERSEY DCA ...... 101 SOUTH BROAD ST, TRENTON, NJ 08625 ...... 33 311,334 THE MUNICIPAL HA ...... 1511 CENTRAL PARK AVE, YONKERS, NY 10710 ...... 621 6,115,906
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SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2008—Continued
Housing agency Address Units Award
NEW YORK CITY HA ...... 90 CHURCH ST, 9TH FL, NEW YORK, NY ...... 68 642,230 HA OF ROCHESTER ...... 675 WEST MAIN ST, ROCHESTER, NY 14611 ...... 252 1,316,519 HA OF BEACON ...... 1 FORRESTAL HEIGHTS, BEACON, NY 12508 ...... 177 1,600,512 HA OF ITHACA ...... 800 S PLAIN ST, ITHACA, NY 14850 ...... 234 1,335,644 TOWN OF AMHERST ...... 1195 MAIN ST, BUFFALO, NY 14209 ...... 129 601,007 THE CITY OF NEW YORK DHPD .. 100 GOLD ST, RM 501, NEW YORK, NY ...... 1,313 12,818,095 CITY OF POUGHKEEPSIE MUN MEMORIAL SQUARE, POUGHKEEPSIE, NY 12602 ...... 99 728,311 BLDG. NYS HSG TRUST FUND CORP ..... 38–40 STATE ST, ALBANY, NY 12207 ...... 222 2,406,913 CUYAHOGA MHA ...... 1441 WEST 25TH ST, CLEVELAND, OH 44113 ...... 48 320,790 LUCAS MHA ...... 435 NEBRASKA AVE, TOLEDO, OH 43602 ...... 17 95,625 TRUMBULL MHA ...... 4076 YOUNGSTOWN RD SE, WARREN, OH 44484 ...... 2 9,531 LAKE MHA ...... 189 FIRST ST, PAINESVILLE, OH 44077 ...... 66 435,890 MIAMI METRO HA ...... 1695 TROY-SIDNEY RD, TROY, OH 45373 ...... 10 47,232 NEWPORT HA ...... 1 YORK ST, NEWPORT, RI 02840 ...... 129 1,321,585 MEMPHIS HA ...... 700 ADAMS AVE, MEMPHIS, TN 38105 ...... 113 732,214 HA OF JOHNSON CITY ...... P.O. BOX 59, JOHNSON CITY, TN 37605 ...... 9 38,628 SAN ANTONIO HA ...... 818 S. FLORES ST, SAN ANTONIO, TX 78295 ...... 160 1,000,755 CENTRAL TEXAS COG ...... 2180 N. MAIN, BELTON, TX 76513 ...... 10 55,627 DANVILLE REDEV AND HA ...... 651 CARDINAL PL, DANVILLE, VA 24541 ...... 69 368,764 ROANOKE REDEV AND HA ...... 2624 SALEM TRNPK, NW, ROANOKE, VA 24017 ...... 144 724,977 HA OF THE CITY OF VAN- 2500 MAIN ST, STE 200, VANCOUVER, WA 98660 ...... 5 35,877 COUVER. HA OF THE CITY OF YAKIMA ...... 810 N 6TH AVE, YAKIMA, WA 98902 ...... 2 9,711 MARTINSBURG HA ...... 703 PORTER AVE, MARTINSBURG, WV 25401 ...... 19 86,329 HA OF THE CITY OF CHEYENNE 3304 SHERIDAN AVE, CHEYENNE, WY 82009 ...... 7 36,159
Total for Preservation/Prepayment ...... 5,244 43,306,943
Property Disposition Relocation
NEW YORK CITY HA ...... 90 CHURCH ST, 9TH FL, NEW YORK, NY ...... 433 4,089,494
Total for Property Disposition Relocation ...... 433 4,089,494
Rent Supplements
CITY OF DES MOINES MUNIC HA 100 EAST EUCLID, STE 101, DES MOINES, IA 50313 ...... 21 114,045 MONTGOMERY CO HA ...... 10400 DETRICK AVE, KENSINGTON, MD 20895 ...... 4 49,875 ST. CLOUD HRA ...... 1225 WEST ST GERMAIN, ST. CLOUD, MN 56301 ...... 8 40,856 RALEIGH HA ...... P.O. BOX 28007, RALEIGH, NC 27611 ...... 29 234,617 SEATTLE HA ...... 120 SIXTH AVE. NORTH, SEATTLE, WA 98109 ...... 7 77,543 HA OF THE CITY OF PASCO & .... 2505 W. LEWIS ST, PASCO, WA 99301 ...... 29 133,895 HA OF SNOHOMISH ...... 12625 4TH AVE WEST, STE 200, EVERETT, WA 98204 ...... 6 53,355 HA OF THE CITY OF ...... 810 N 6TH AVE, YAKIMA, WA 98902 ...... 13 55,481
Total for Rent Supplements ...... 117 759,667
Terminations/Opt-outs
HA ANNISTON ...... P.O. BOX 2225, ANNISTON, AL 36202 ...... 12 46,844 HA AUBURN ...... 931 BOOKER ST, AUBURN, AL 36830 ...... 22 110,467 CITY OF TUCSON ...... 310 NO COMMERCE PARK LOOP, TUCSON, AZ ...... 93 539,262 CITY OF SCOTTSDALE ...... 7515 E FIRST ST, SCOTTSDALE, AZ 85251 ...... 28 207,533 SAN FRANCISCO HA ...... 440 TURK ST, SAN FRANCISCO, CA 94102 ...... 190 3,000,724 COUNTY OF LOS ANGELES HA ... 2 CORAL CIRCLE, MONTEREY PARK, CA 93907 ...... 129 787,757 COUNTY OF SAN BERNARDINO 715 E. BRIER DR, SAN BERNARDINO, CA 92408 ...... 35 292,465 HA. COUNTY OF SANTA CLARA HA ... 505 WEST JULIAN ST, SAN JOSE, CA 95110 ...... 10 139,832 ALAMEDA COUNTY HA ...... 22941 ATHERTON ST, HAYWARD, CA 94541 ...... 32 428,447 ADAMS COUNTY HA ...... 7190 COLORADO BLVD, 6TH FL, COMMERCE CITY, CO 80022 ...... 18 136,196 DISTRICT OF COLUMBIA HA ...... 1133 NORTH CAPITOL ST, NE, WASHINGTON, DC 20002 ...... 318 3,871,358 MIAMI DADE HA ...... 1401 NW 7TH ST, MIAMI, FL 33125 ...... 22 191,481 HA WEST PALM BEACH GEN 1715 DIVISION AVE, WEST PALM BEACH, FL 33407 ...... 94 968,463 FUND. HIALEAH H/A ...... 75 EAST 6TH ST, HIALEAH, FL 33010 ...... 54 443,519 CITY AND COUNTY OF HONO- 715 SOUTH KING ST, STE 311, HONOLULU, HI 96813 ...... 0 12,200 LULU. HA TALLAHASSEE ...... 2940 GRADY RD, TALLAHASSEE, FL 32312 ...... 144 1,025,755 SIOUX CITY HSG SERVICES DIV CITY HALL P.O. BOX 447, SIOUX CITY, IA 51102 ...... 6 25,388 CITY OF DAVENPORT, IOWA ...... 501 WEST 3RD ST, DAVENPORT, IA 52801 ...... 23 136,410 CITY OF AMES DEPT. OF PLAN & 515 CLARK AVE, AMES, IA 50010 ...... 7 36,197 HS.
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SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2008—Continued
Housing agency Address Units Award
NORTH IOWA REG HA ...... 202 1ST ST, SE, STE 203, MASON CITY, IA 50401 ...... 8 23,583 IDAHO HSG AND FIN ASSOC ...... 565 W MYRTLE ST, BOISE, ID 83707 ...... 9 40,829 CHICAGO HA ...... 60 EAST VAN BUREN ST, 11TH FL, CHICAGO, IL 60605 ...... 246 2,462,975 INDIANAPOLIS HA ...... 1919 N. MERIDIAN ST, INDIANAPOLIS, IN 46202 ...... 98 645,632 HA FOR THE CITY OF LAFAY- 100 EXECUTIVE DR, STE J, LAFAYETTE, IN 47903 ...... 106 484,526 ETTE. SOMERSET HA ...... P.O. BOX 449, SOMERSET, KY 42501 ...... 16 53,442 KENTUCKY HSG CORP ...... 1231 LOUISVILLE RD, FRANKFORT, KY 40601 ...... 10 44,044 EAST BATON ROUGE PHA ...... 4731 NORTH BLVD, BATON ROUGE, LA 70806 ...... 48 310,716 CROWLEY HA ...... P.O. BOX 1347, CROWLEY, LA 70527 ...... 35 135,192 NEWELLTON HA ...... P.O. BOX 1021, NEWELLTON, LA 71357 ...... 120 391,085 BOSTON HA ...... 52 CHAUNCY ST, BOSTON, MA 02111 ...... 123 1,723,384 DEDHAM HAORITY ...... 163 DEDHAM BLVD, DEDHAM, MA 02026 ...... 1 10,428 HA OF BALTIMORE CITY ...... 417 EAST FAYETTE ST, BALTIMORE, MD 21201 ...... 150 1,092,414 HA OF PRINCE GEORGE’S 9400 PEPPERCORN PL, STE 200, LARGO, MD 20774 ...... 180 2,193,727 COUNTY. BALTIMORE CO. HSG OFFICE ..... 6401 YORK RD, 1 ST FL, BALTIMORE, MD 21210 ...... 9 66,792 PORT HURON HSG COMMISSION 905 SEVENTH ST, PORT HURON, MI 48060 ...... 24 151,585 MINNEAPOLIS PHA ...... 1001 WASHINGTON AVE NO, MINNEAPOLIS, MN 55401 ...... 16 140,666 METROPOLITAN COUNCIL HRA .. 390 ROBERT ST NORTH, ST. PAUL, MN 55101 ...... 19 161,143 SOUTHEAST MN MULTI-COUNTY 134 EAST SECOND ST, WABASHA, MN 55981 ...... 0 14,200 HRA. ST. LOUIS HA ...... 4100 LINDELL BLVD, ST. LOUIS, MO 63108 ...... 50 348,274 LEES SUMMIT HA ...... 111 SOUTH GRAND, LEES SUMMIT, MO 64063 ...... 79 504,389 SPRINGFIELD HA ...... 421 WEST MADISON, SPRINGFIELD, MO 65806 ...... 3 11,688 MISS REGIONAL H/A VIII ...... P.O. BOX 2347, GULFPORT, MS 39505 ...... 58 367,514 HA LONG BEACH ...... P.O. BOX 418, LONG BEACH, MS 39560 ...... 14 73,284 HA OF BILLINGS ...... 2415 1ST AVE NORTH, BILLINGS, MT 59101 ...... 20 100,847 GREAT FALLS HA ...... 1500 CHOWEN SPRINGS LOOP, GREAT FALLS, MT 59405 ...... 12 58,970 HA OF THE CITY OF CHARLOTTE 1301 SOUTH BLVD, CHARLOTTE, NC 28236 ...... 10 86,475 HA WINSTON-SALEM ...... 500 WEST FOURTH ST, STE 300, WINSTON-SALEM, NC 27101 ...... 16 94,045 HA COUNTY OF WAKE ...... 100 SHANNON ST, ZEBULON, NC 27597 ...... 12 108,449 MORTON COUNTY HA ...... 1500 3RD AVE NW, MANDAN, ND 58554 ...... 13 42,059 WALSH COUNTY HA ...... 600 E 9TH ST, GRAFTON, ND 58237 ...... 1 3,680 UNION CITY HA ...... 3911 KENNEDY BLVD, UNION CITY, NJ 07087 ...... 47 353,598 COUNTY OF CLARK HA ...... 5390 EAST FLAMINGO RD, LAS VEGAS, NV 89122 ...... 0 646,722 NYS HSG TRUST FUND CORP ..... 38–40 STATE ST, ALBANY, NY 12207 ...... 14 148,561 COLUMBUS METRO HA ...... 880 EAST 11TH AVE, COLUMBUS, OH 43211 ...... 50 313,858 CINCINNATI METRO HA ...... 16 WEST CENTRAL PKWY, CINCINNATI, OH 45210 ...... 14 83,670 LICKING METRO HA ...... 144 WEST MAIN ST, NEWARK, OH 43055 ...... 24 128,096 OKLAHOMA HFA ...... P.O. BOX 26720, OKLAHOMA CITY, OK 73126 ...... 158 842,554 HA OF THE COUNTY OF ...... P.O. BOX 1510, OREGON CITY, OR 97045 ...... 0 3,600 HA OF JACKSON COUNTY ...... 2231 TABLE ROCK RD, MEDFORD, OR 97501 ...... 49 263,595 LINN-BENTON HA ...... 1250 SE QUEEN AVE, ALBANY, OR 97322 ...... 8 41,085 CENTRAL OREGON REG HA ...... 405 SW 6TH ST, REDMOND, OR 97756 ...... 6 36,870 ALLEGHENY COUNTY HA ...... 625 STANWIX ST, 12TH FL, PITTSBURGH, PA 15222 ...... 12 67,423 EASTON HA ...... 157 SOUTH FOURTH ST, EASTON, PA 18044 ...... 4 27,938 ARMSTRONG COUNTY HA ...... 350 S. JEFFERSON ST, KITTANNING, PA 16201 ...... 0 6,400 MUNICIPALITY OF CAGUAS ...... P.O. BOX 907, CAGUAS, PR 00726 ...... 34 217,879 H/A OF CHARLESTON ...... 20 FRANKLIN ST, CHARLESTON, SC 29401 ...... 2 11,750 BROOKINGS HSG & REDEV 1310 MAIN AVE. SOUTH, BROOKINGS, SD 57006 ...... 35 116,599 AUTH. MEMPHIS HA ...... 700 ADAMS AVE, MEMPHIS, TN 38105 ...... 138 850,450 TENNESSEE HSG DEV AGENCY 404 J. ROBERTSON PKWY, STE 1114, NASHVILLE, TN 37243 ...... 86 470,568 SAN ANTONIO HA ...... 818 S. FLORES ST, SAN ANTONIO, TX 78295 ...... 61 372,564 HA OF WACO ...... 4400 COBBS DRIVE, WACO, TX 76703 ...... 40 213,363 HA OF LUBBOCK ...... 1708 AVE. G, LUBBOCK, TX 79408 ...... 107 591,098 TAYLOR HA ...... 213 DEBUS DR, TAYLOR, TX 76574 ...... 64 395,986 TYLER HA ...... 213 N. BONNER, TYLER, TX 75710 ...... 9 58,349 LONGVIEW HSG. & COMM. DEV .. P.O. BOX 1952, LONGVIEW, TX 75606 ...... 18 91,963 FORT STOCKTON HA ...... 121 W. SECOND ST, FORT STOCKTON, TX 79735 ...... 58 232,002 DALLAS COUNTY HSG ASSIST- 2377 N. STEMMONS FRWY, STE 200–LB 16, DALLAS, TX 75207 ...... 36 242,779 ANCE. NEWPORT NEWS REDEV & HA ... P.O. BOX 797, NEWPORT NEWS, VA 23607 ...... 35 235,484 WAYNESBORO REDEV & H/A ...... 1700 NEW HOPE RD, WAYNESBORO, VA 22980 ...... 50 206,050 VIRGINIA HSG DEV AUTH ...... 601 SOUTH BELVIDERE ST, RICHMOND, VA 23220 ...... 33 269,299 HA CITY OF EVERETT ...... 3107 COLBY AVE, EVERETT, WA 98206 ...... 10 85,167 HA CITY OF LONGVIEW ...... 1207 COMMERCE AVE, LONGVIEW, WA 98632 ...... 36 200,853 HA OF THE CITY OF MILWAUKEE 809 NORTH BRDWY, MILWAUKEE, WI 53201 ...... 41 250,023 BELOIT CDA ...... 220 PORTLAND AVE, BELOIT, WI 53511 ...... 0 300 WEST BEND HA ...... 475 MEADOWBROOK DR, WEST BEND, WI 53095 ...... 85 394,267 WISCONSIN HSG & ECON DEV ... P.O. BOX 1728, MADISON, WI 53701 ...... 16 68,687
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SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2008—Continued
Housing agency Address Units Award
THE CITY OF FAIRMONT HA ...... 103 12TH ST, FAIRMONT, WV 26555 ...... 7 32,104 HA OF THE CITY OF CHEYENNE 3304 SHERIDAN AVE, CHEYENNE, WY 82009 ...... 39 201,458
Total for Terminations/Opt-outs ...... 4,169 33,119,377
Total for Housing Tenant Protection ...... 9,969 81,235,046
HOPE VI Vouchers—HOPE VI Vouchers (H6)
HA OF TEXARKANA ...... 1611 N. ROBISON RD, TEXARKANA, TX 75501 ...... 164 650,581 KING COUNTY HA ...... 600 ANDOVER PARK WEST, SEATTLE, WA 98188 ...... 78 844,204 HA OF THE CITY OF BREM- 110 RUSSELL RD, BREMERTON, WA 98312 ...... 234 1,437,426 ERTON.
Total for HOPE VI Vouchers (H6) ...... 476 2,932,211
TP HOPE VI Vouchers
PHOENIX NEIGHBORHOOD 251 W. WASHINGTON ST, PHOENIX, AZ 85034 ...... 40 301,229 IMPROV. HA ATLANTA GA ...... 230 JOHN WESLEY DOBBS AVE NE, ATLANTA, GA 30303 ...... 13 124,992 BOSTON HA ...... 52 CHAUNCY ST., BOSTON, MA 02111 ...... 163 * 2 JERSEY CITY HA ...... 400 U.S. HIGHWAY #1, JERSEY CITY, NJ 07306 ...... 30 * 23,803 EASTON HA ...... 157 SOUTH FOURTH ST, EASTON, PA 18044 ...... 83 378,440 NEWPORT HA ...... 1 YORK ST, NEWPORT, RI 02840 ...... 90 * 1
Total for TP HOPE VI Vouchers ...... 419 828,467
Total for HOPE VI Vouchers ...... 895 3,760,678
Grand Total ...... 19,605 146,833,794
[FR Doc. E9–10420 Filed 5–6–09; 8:45 am] billion is allocated for this purpose Dated: April 14, 2009. BILLING CODE 4210–67–P under the heading of the HOME Nelson R. Brego´n, Investment Partnerships Program General Deputy Assistant Secretary for (HOME). The available funding will be Community Planning and Development. DEPARTMENT OF HOUSING AND allocated to state housing credit [FR Doc. E9–10686 Filed 5–6–09; 8:45 am] URBAN DEVELOPMENT agencies based on the percentage of the BILLING CODE 4210–67–P [Docket No. FR–5308–N–01] 2008 HOME appropriation received by the state and local participating Notice of Availability: Implementation jurisdictions within the state. The DEPARTMENT OF THE INTERIOR of the Tax Credit Assistance Program housing credit agencies of each state, (TCAP) the District of Columbia, and the National Park Service AGENCY: Office of the Assistant Commonwealth of Puerto Rico are the only eligible grantees of the TCAP Notice of Intent to Repatriate a Cultural Secretary for Community Planning and Item: U.S. Department of Agriculture, Development, HUD. program. The notice establishing the program and application requirements Forest Service, Tongass National ACTION: Notice. for these funds, allocation information, Forest, Petersburg, AK SUMMARY: Through this notice, HUD and eligibility criteria is available on the AGENCY: National Park Service, Interior. announces the availability on its Web HUD Web site at: http://www.hud.gov/ ACTION: Notice. site of the submission requirements, recovery/tax-credit.cfm. eligible uses, fund commitment and Notice is here given in accordance FOR FURTHER INFORMATION CONTACT: expenditure deadlines, fund with the Native American Graves Clifford Taffet, Director, Office of distribution, and other requirements for Protection and Repatriation Act the Tax Credit Assistance Program Affordable Housing, Office of (NAGPRA), 25 U.S.C. 3005, of the intent authorized by Section 2, Division A, Community Planning and Development, to repatriate a cultural item in the Title XII of the American Recovery and Department of Housing and Urban control of the U.S. Department of Reinvestment Act of 2009 (Pub. L. 111– Development, 451 7th Street, SW., Agriculture, Forest Service, Tongass 5, approved February 17, 2009). TCAP Room 7162, Washington DC 20410– National Forest, Petersburg, AK. The funding is eligible to be used for capital 3000; telephone 1–800–998–9999. unassociated funerary object was investment in eligible Low-Income Hearing- or speech-impaired individuals removed from Kuiu Island in Southeast Housing Tax Credit (LIHTC) projects. A may access the voice telephone number Alaska. major purpose of TCAP funds is to listed above by calling the toll-free This notice is published as part of the immediately create jobs or save jobs in Federal Information Relay Service National Park Service’s administrative danger of being lost due to the current during working hours at 800–877–8339. responsibilities under NAGPRA, 25 economic crisis. Approximately $2.250 U.S.C. 3003(d)(3). The determinations in
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this notice are the sole responsibility of June 8, 2009. Repatriation of the available. The human remains were the museum, institution, or Federal unassociated funerary object to the given by Mr. Hastings to Roger agency that has control of the cultural Klawock Cooperative Association and Carpenter sometime around 1940. In item. The National Park Service is not Organized Village of Kake may proceed 2007, Mr. Carpenter donated the human responsible for the determinations in after that date if no additional claimants remains to the Arizona State Museum this notice. come forward. (AT–2007–39). No known individual A detailed assessment of the The U.S. Department of Agriculture, was identified. No associated funerary unassociated funerary object was made Tongass National Forest is responsible objects are present. by the U.S. Department of Agriculture, for notifying the Central Council of Mr. Hastings was a contractor who Forest Service professional staff in Tlingit & Haida Indian Tribes, Klawock lived in Tucson, AZ, and it is possible consultation with representatives of the Cooperative Association, Organized that the human remains were found in Klawock Cooperative Association and Village of Kake, and Sealaska southern Arizona. The human remains Organized Village of Kake. Corporation that this notice has been are mummified. In Arizona, mummified In 1976, an object was removed from published. remains have been reported exclusively a cave in Port Malmesbury, Kuiu Island from dry cave sites and are associated Dated: April 14, 2009. in Southeast Alaska, by a Forest Service with pre-historic Native American archeologist. The object is a wooden Sherry Hutt, cultures. Based on the condition of the artifact that is believed to be a funerary Manager, National NAGPRA Program. human remains, it is more likely than object since the cave where it was [FR Doc. E9–10577 Filed 5–6–09; 8:45 am] not that they are of Native American removed from contained human BILLING CODE 4312–50–S ancestry. However, there is insufficient remains and associated funerary objects. contextual information to culturally The human remains and associated affiliate the human remains with any funerary objects that were removed from DEPARTMENT OF THE INTERIOR specific, present-day Indian tribe. Port Malmesbury, Kuiu Island were Officials of the Arizona State Museum repatriated to the Organized Village of National Park Service have determined that, pursuant to 25 Kake in 1998, and are described in a Notice of Inventory Completion: U.S.C. 3001 (9–10), the human remains Notice of Inventory Completion Arizona State Museum, University of described above represent the physical previously published in the Federal Arizona, Tucson, AZ remains of one individual of Native Register (63 FR 18034–18035, April 13, American ancestry. Officials of the 1998). Due to an administrative AGENCY: National Park Service, Interior. Arizona State Museum also have oversight this funerary object was not ACTION: Notice. determined that, pursuant to 25 U.S.C. included. 3001 (2), a relationship of shared group Historical and ethnographic records, Notice is here given in accordance identity cannot be reasonably traced along with Tlingit oral history, indicate with the Native American Graves between the Native American human that a smallpox epidemic in the 1800s Protection and Repatriation Act remains and any present-day Indian decimated the Tlingit communities on (NAGPRA), 25 U.S.C. 3003, of the tribe. Kuiu Island and the survivors moved to completion of an inventory of human The Native American Graves Kake and Klawock. The members of the remains in the possession of the Arizona Protection and Repatriation Review Killerwhale clan in these villages are the State Museum, University of Arizona, Committee (Review Committee) is descendants of these survivors. Tucson, AZ. The human remains were responsible for recommending specific Officials of the U.S. Department of removed from an unknown location, actions for disposition of culturally Agriculture, Tongass National Forest possibly in southern Arizona. unidentifiable human remains. In 2008, have determined that, pursuant to 25 This notice is published as part of the the Arizona State Museum requested U.S.C. 3001(3)(B), the one object National Park Service’s administrative that the Review Committee recommend described above is reasonably believed responsibilities under NAGPRA, 25 disposition of the culturally to have been placed with or near U.S.C. 3003 (d)(3). The determinations unidentifiable human remains to the individual human remains at the time of in this notice are the sole responsibility Tohono O’odham Nation of Arizona, as death or later as part of the death rite of the museum, institution, or Federal aboriginal and historic occupants of or ceremony and are believed, by a agency that has control of the Native lands in southern Arizona. The Review preponderance of the evidence, to have American human remains. The National Committee considered the request at its been removed from a specific burial site Park Service is not responsible for the October 11–12, 2008 meeting and of a Native American individual. determinations in this notice. recommended disposition of the human Officials of the U.S. Department of A detailed assessment of the human remains to the Tohono O’odham Nation. Agriculture, Tongass National Forest remains was made by Arizona State An April 3, 2009, letter from the also have determined that, pursuant to Museum professional staff in Designated Federal Official on behalf of 25 U.S.C. 3001(2), there is a relationship consultation with representatives of the the Secretary of the Interior transmitted of shared group identity that can be Ak Chin Indian Community of the the authorization for the museum to reasonably traced between the Maricopa (Ak Chin) Indian Reservation, effect disposition of the human remains unassociated funerary object and the Arizona; Gila River Indian Community of the one culturally unidentifiable Klawock Cooperative Association and of the Gila River Indian Reservation, individual to the Tohono O’odham Organized Village of Kake. Arizona; Salt River Pima-Maricopa Nation of Arizona contingent on the Representatives of any other Indian Indian Community of the Salt River publication of a Notice of Inventory tribe that believes itself to be culturally Reservation, Arizona; and Tohono Completion in the Federal Register. affiliated with the unassociated funerary O’odham Nation of Arizona. This notice fulfills that requirement. object should contact Forrest Cole, U.S. On an unknown date, human remains Representatives of any other Indian Department of Agriculture, Forest representing a minimum of one tribe that believes itself to be culturally Service, Tongass National Forest, individual were removed from an affiliated with the human remains Federal Building, Ketchikan, AK 99901– unknown location by Russell Hastings. should contact John McClelland, 6591, telephone (907) 225–3101, before No additional site information is NAGPRA Coordinator, Arizona State
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Museum, University of Arizona, Comanche Nation, Oklahoma; Crow Number 162). The human remains were Tucson, AZ 85721, telephone (520) 626– Tribe of Montana; Hopi Tribe of exposed by the flooding of the St. 2950, before June 8, 2009. Disposition of Arizona; Jicarilla Apache Nation, New Charles River west of Pueblo, and were the human remains to the Tohono Mexico; Kiowa Indian Tribe of found against the wall of a canyon, at O’odham Nation of Arizona may Oklahoma; Mescalero Apache Tribe of the edge of the floodplain. A burial proceed after that date if no additional the Mescalero Reservation, New Mexico; investigation was conducted by staff claimants come forward. Navajo Nation, Arizona, New Mexico & from OAHP with a representative of the The Arizona State Museum is Utah; Northern Cheyenne Tribe of the Colorado Commission of Indian Affairs responsible for notifying the Ak Chin Northern Cheyenne Indian Reservation, present. No known individual was Indian Community of the Maricopa (Ak Montana; Oglala Sioux Tribe of the Pine identified. No associated funerary Chin) Indian Reservation, Arizona; Gila Ridge Reservation, South Dakota; Ohkay objects are present. River Indian Community of the Gila Owingeh, New Mexico (formerly the The human remains represent a River Indian Reservation, Arizona; Salt Pueblo of San Juan); Paiute Indian Tribe Native American female estimated to be River Pima-Maricopa Indian of Utah (Cedar City Band of Paiute, 20–25 years of age. The estimated Community of the Salt River Kanosh Band of Paiutes, Koosharem antiquity of the human remains is Reservation, Arizona; and Tohono Band of Paiutes, Indian Peaks Band of unknown. O’odham Nation of Arizona that this Paiutes, and Shivwits Band of Paiutes); In December 2000, human remains notice has been published. Pawnee Nation of Oklahoma; Pueblo of representing a minimum of one Dated: April 22, 2009. Acoma, New Mexico; Pueblo of Cochiti, individual were removed from private New Mexico; Pueblo of Isleta, New Sherry Hutt, land in Adams County, CO (OAHP Case Mexico; Pueblo of Jemez, New Mexico; Manager, National NAGPRA Program. Number 186). The human remains were Pueblo of Nambe, New Mexico; Pueblo inadvertently discovered while [FR Doc. E9–10545 Filed 5–6–09; 8:45 am] of Picuris, New Mexico; Pueblo of excavating a new home site in a housing BILLING CODE 4312–50–S Pojoaque, New Mexico; Pueblo of San development, which destroyed the Ildefonso, New Mexico; Pueblo of burial context. Assessment of the site Sandia, New Mexico; Pueblo of Santa DEPARTMENT OF THE INTERIOR was conducted by the Adams County Ana, New Mexico; Pueblo of Santa Sheriff’s Department. In January 2001, Clara, New Mexico; Pueblo of Tesuque, National Park Service the human remains were transferred to New Mexico; Pueblo of Zia, New the Colorado Historical Society. No Notice of Inventory Completion: Mexico; Rosebud Sioux Tribe of the known individual was identified. No Colorado Historical Society, Denver, Rosebud Indian Reservation, South associated funerary objects are present. CO Dakota; Shoshone-Bannock Tribes of the The antiquity, age and sex of the Fort Hall Reservation of Idaho; individual are unknown. AGENCY: National Park Service, Interior. Shoshone Tribe of the Wind River In March 2001, human remains ACTION: Reservation, Wyoming; Southern Ute Notice. representing a minimum of one Indian Tribe of the Southern Ute Indian individual were removed from private Notice is here given in accordance Reservation, Colorado; Standing Rock land in Las Animas County, CO (OAHP with the Native American Graves Sioux Tribe of North & South Dakota; Case Number 191; 5LA.9871). The Protection and Repatriation Act Three Affiliated Tribes of the Fort human remains were inadvertently (NAGPRA), 25 U.S.C. 3003, of the Berthold Reservation, North Dakota; Ute discovered by private citizens who completion of an inventory of human Indian Tribe of the Uintah & Ouray observed them eroding from a hillside. remains and associated funerary objects Reservation, Utah; Ute Mountain Tribe in the control of the Colorado Historical of the Ute Mountain Reservation, A burial investigation was conducted by Society, Denver, CO. The human Colorado, New Mexico & Utah; and the Las Animas County Sheriff’s Office, remains and associated funerary objects Zuni Tribe of the Zuni Reservation, New who removed additional skeletal were removed from Adams, Douglas, Mexico. elements. In June 2001, the human Jefferson, Las Animas, Larimer, Pueblo, In August 1998, human remains remains were transferred to the and Weld Counties, CO. representing a minimum of one Colorado Historical Society. No known This notice is published as part of the individual were removed from private individual was identified. The four National Park Service’s administrative land in Weld County, CO (Office of associated funerary objects are one responsibilities under NAGPRA, 25 Archaeology and Historic Preservation polished deer antler and three non- U.S.C. 3003 (d)(3). The determinations (OAHP) Case Number 153). The human human bones. in this notice are the sole responsibility remains were inadvertently discovered The human remains represent a of the museum, institution, or Federal while a private citizen was excavating a Native American male between 35–45 agency that has control of the Native house foundation and the burial context years old. The estimated antiquity of the American human remains and was destroyed by the backhoe. The human remains is unknown. associated funerary objects. The human remains were removed by the In 1977, human remains representing National Park Service is not responsible Weld County Coroner. In November a minimum of one individual were for the determinations in this notice. 2001, the human remains were removed from the Torres Site In 2006 and 2009, a detailed transferred to the Colorado Historical (5LA.1310) on private land in Las assessment of the human remains and Society. No known individual was Animas County, CO (OAHP Case associated funerary objects was made by identified. No associated funerary Number 192). In 1977, the site was Colorado Historical Society professional objects are present. excavated by the Colorado staff in consultation with The antiquity, age and sex of the Archaeological Society. In 2000, the representatives of the Arapahoe Tribe of individual are unknown. human remains were found in the the Wind River Reservation, Wyoming; In June 1999, human remains collections of the Colorado Historical Cheyenne and Arapaho Tribes, representing a minimum of one Society. No known individual was Oklahoma (formerly Cheyenne and individual were removed from private identified. No associated funerary Arapaho Tribes of Oklahoma); land in Pueblo County, CO (OAHP Case objects are present.
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Artifacts recovered from the site, but estimated antiquity of the human remains were inadvertently discovered not associated with the individual, remains is unknown. on eroded lands adjacent to a suggest a date of A.D. 900–1050 for the In March 1978, human remains campground, and a burial investigation site, which belongs to the Graneros or representing a minimum of one was conducted by OAHP staff. In May Apishapa culture. The age and sex of individual were removed from private 2005, the human remains were the individual are unknown. land in Arvada, Jefferson County, CO transferred to the Colorado Historical In August 2001, human remains (OAHP Case Number 207). The human Society. No known individual was representing a minimum of two remains were inadvertently discovered identified. No associated funerary individuals were removed from state by a private citizen on his property, objects are present. land in Douglas County, CO (OAHP during home construction. Officers from The human remains represent a Case Number 194; 5DA.1687). The the Arvada Police Department were Native American adult female, human remains were inadvertently notified and took the human remains approximately 30 years of age. The discovered during the construction of into custody. After determining them to estimated antiquity of the human the Reuter-Hess Reservoir. A burial be archeological, the Arvada Police remains is unknown. investigation was conducted by staff delivered them to the Arvada Center to Sometime prior to 2006, human from the URS Corporation. In November await transfer to the Colorado Native remains representing a minimum of two 2002, the human remains were American Heritage Council. The human individuals were removed from private transferred to the Colorado Historical remains were overlooked and land in Buffman Canyon, Larimer Society. No known individuals were inadvertently discovered in a County, CO (OAHP Case Number 238; identified. The 11 associated funerary collections storage area of the Arvada 5LR11716 and 5LR.11717). The objects are 1 bone bead necklace, 1 Center in 2003. In November 2003, the landowner conducted the burial freshwater mollusk shell fragment, 1 human remains were transferred to the investigations and later transferred the petrified wood uniface, 1 quartzite Colorado Historical Society. No known human remains to Colorado State tertiary flake, 5 petrified wood flakes, individual was identified. No associated University in April 2006. In July 2007, and 2 quartzite flakes. funerary objects are present. the human remains were transferred to The human remains represent a The human remains represent a Colorado Historical Society. No known Native American female (12–18 years Native American female, 18–24 years of individuals were identified. No old) and a Native American subadult age. The estimated antiquity of the associated funerary objects are present. (sex unknown, 6–8 years old). The human remains is unknown. The human remains represent one estimated antiquity of the human In May 2004, human remains Native American female, approximately remains is A.D. 850–1150. representing a minimum of one 45 years old and one Native American In November 2001, human remains individual were removed from male, approximately 35 years old. The representing a minimum of one municipal land in Adams County, CO female was inadvertently discovered individual were removed from private (OAHP Case Number 218; 5AM.1733). while constructing a house and the male land in Pueblo County, CO (OAHP Case The human remains were inadvertently was discovered during quarrying Number 199; 5PE.4229). The human discovered by road construction operations by the landowner. The remains were inadvertently discovered workers. CDOT archeologists conducted estimated antiquity of the human by workers in the bottom of a the burial investigation. No known remains is unknown. commercial gravel pit. The area where individual was identified. The two In December 2006, human remains the human remains had washed out of associated funerary objects are projectile representing a minimum of one the gravel was located, and a burial points. individual were removed from private investigation was conducted by OAHP The human remains represent a land in Douglas County, CO (OAHP staff, but no further skeletal elements Native American adult male. Projectile Case Number 245). The human remains were recovered. In November 2001, the points and radiocarbon dating of were inadvertently discovered while human remains were transferred to the charcoal suggest a date of 206040 B.P. backfilling a large utility trench, and the Colorado Historical Society. No known In October 2004, human remains burial context was destroyed. In individual was identified. No associated representing a minimum of one February 2007, the human remains were funerary objects are present. individual were removed from private transferred to the Colorado Historical The antiquity, age and sex of the land in Weld County, CO (OAHP Case Society. No known individual was individual are unknown. Number 224; 5WL.4840). The human identified. No associated funerary In July 2002, human remains remains were inadvertently discovered objects are present. representing a minimum of one by workers in a gas pipeline trench. A The human remains represent a young individual were removed from private burial investigation was conducted by Native American male. The estimated land in Las Animas County, CO (OAHP University of Northern Colorado staff, antiquity of the human remains is Case Number 206). The human remains who removed the remaining skeletal unknown. were inadvertently discovered by two elements. In November 2004, the human In March 2004, human remains private citizens in a collapsed basement remains were transferred to the representing a minimum of one wall of a home. A site investigation was Colorado Historical Society. No known individual were removed from private conducted by the Las Animas County individual was identified. No associated land in Douglas County, CO (OAHP Coroner and the Archaeology Director of funerary objects are present. Case Number 248). The human remains Louden Heinritze Museum, who The human remains represent a were inadvertently discovered while excavated additional skeletal elements. Native American adult female. Charcoal digging a house foundation trench in In December 2002, the human remains associated with the burial was dated to Parker. A burial investigation was were transferred to the Colorado A.D. 690. conducted by the Douglas County Historical Society. No known individual In May 2005, human remains Coroner’s Office. In April 2007, the was identified. No associated funerary representing a minimum of one human remains were transferred to the objects are present. individual were removed from private Colorado Historical Society. No known The human remains represent an land in Weld County, CO (OAHP Case individual was identified. No associated elderly Native American female. The Number 229; 5WL.4883). The human funerary objects are present.
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The human remains represent a and Ute Mountain Tribe of the Ute Colorado Historical Society, 1300 Native American female, 40–60 years Mountain Reservation, Colorado, New Broadway, Denver, CO 80203, telephone old. The estimated antiquity of the Mexico & Utah conducted tribal (303) 866–4531, before June 8, 2009. human remains is unknown. consultations among the tribes with Disposition of the human remains and In December 2008, human remains ancestral ties to the State of Colorado to associated funerary objects to the representing a minimum of one develop the process for disposition of Southern Ute Indian Tribe of the individual were removed from private culturally unidentifiable Native Southern Ute Reservation, Colorado, land in Weld County, CO (OAHP Case American human remains and and Ute Mountain Tribe of the Ute Number 266; 5WL.5995). The human associated funerary objects originating Mountain Reservation Colorado, New remains were inadvertently discovered from inadvertent discoveries on Mexico & Utah may proceed after that while digging a trench to repair a gas Colorado State and private lands. As a date if no additional claimants come pipeline. The burial context had been result of the consultation, a process was forward. greatly disturbed. A burial investigation developed, Process for Consultation, The Colorado Historical Society is was conducted by OAHP staff, who Transfer, and Reburial of Culturally responsible for notifying the Apache removed additional skeletal elements. In Unidentifiable Native American Human Tribe of Oklahoma; Arapahoe Tribe of February 2009, the human remains were Remains and Associated Funerary the Wind River Reservation of transferred to the Colorado Historical Objects Originating From Inadvertent Wyoming; Cheyenne and Arapaho Society. No known individuals were Discoveries on Colorado State and Tribes, Oklahoma; Cheyenne River identified. The four associated funerary Private Lands, (2008), (unpublished, on Sioux Tribe of the Cheyenne River objects are three bifaces and one flake. file with the Colorado Office of Reservation, South Dakota; Comanche The human remains represent a Archaeology and Historic Preservation). Nation, Oklahoma; Crow Creek Sioux Native American male, 40–50 years of The Native American human remains Tribe of the Crow Creek Reservation, age. The estimated antiquity of the and associated funerary objects human remains is unknown. South Dakota; Crow Tribe of Montana; described above originated from Fort Sill Apache Tribe of Oklahoma; Insufficient geographical, kinship, inadvertent discoveries on Colorado biological, archeological, linguistic, Hopi Tribe of Arizona; Jicarilla Apache State and private lands in Adams, Nation, New Mexico; Kiowa Indian folkore, oral tradition, historical Douglas, Jefferson, Las Animas, Larimer, Tribe of Oklahoma; Mescalero Apache evidence or other information or expert Pueblo, and Weld Counties, CO, and are Tribe of the Mescalero Reservation, New opinion exists to reasonably establish located in the Great Plains Consultation Mexico; Navajo Nation, Arizona, New cultural affiliation of the above Region, established by the Process. individuals with any present-day Indian The Native American Graves Mexico & Utah; Northern Cheyenne tribe, although physical anthropological Protection and Repatriation Review Tribe of the Northern Cheyenne Indian evidence supports Native American Committee (Review Committee) is Reservation, Montana; Oglala Sioux identity. responsible for recommending specific Tribe of the Pine Ridge Reservation, Officials of the Colorado Historical actions for disposition of culturally South Dakota; Ohkay Owingeh, New Society have determined that, pursuant unidentifiable human remains. On Mexico; Paiute Indian Tribe of Utah; to 25 U.S.C. 3001 (9–10), the human November 3–4, 2006, the Process was Pawnee Nation of Oklahoma; Pueblo of remains described above represent the presented to the Review Committee for Acoma, New Mexico; Pueblo of Cochiti, physical remains of 18 individuals of consideration. A January 8, 2007, letter New Mexico; Pueblo of Isleta, New Native American ancestry. Officials of on behalf of the Review Committee from Mexico; Pueblo of Jemez, New Mexico; the Colorado Historical Society also the Designated Federal Officer Pueblo of Laguna, New Mexico; Pueblo have determined that, pursuant to 25 transmitted the provisional of Nambe, New Mexico; Pueblo of U.S.C. 3001 (3)(A), the 21 objects authorization to proceed with the Picuris, New Mexico; Pueblo of described above are reasonably believed Process upon receipt of formal Pojoaque, New Mexico; Pueblo of San to have been placed with or near responses from the Jicarilla Apache Felipe, New Mexico; Pueblo of San individual human remains at the time of Nation, New Mexico and Kiowa Indian Ildefonso, New Mexico; Pueblo of death or later as part of the death rite Tribe of Oklahoma, subject to Sandia, New Mexico; Pueblo of Santa or ceremony. Lastly, officials of the forthcoming conditions imposed by the Ana, New Mexico; Pueblo of Santa Colorado Historical Society have Secretary of the Interior. On May 15–16, Clara, New Mexico; Pueblo of Santo determined that, pursuant to 25 U.S.C. 2008, the responses from the Jicarilla Domingo, New Mexico; Pueblo of Taos, 3001 (2), a relationship of shared group Apache Nation, New Mexico and Kiowa New Mexico; Pueblo of Tesuque, New identity cannot be reasonably traced Indian Tribe of Oklahoma were Mexico; Pueblo of Zia, New Mexico; between the Native American human submitted to the Review Committee. On Rosebud Sioux Tribe of the Rosebud remains and associated funerary objects September 23, 2008, the Assistant Indian Reservation, South Dakota; San and any present-day Indian tribe. Secretary for Fish and Wildlife and Juan Southern Paiute Tribe of Arizona; The Colorado Historical Society has Parks, as the designee for the Secretary Shoshone-Bannock Tribes of the Fort determined that the human remains are of the Interior, transmitted the Hall Reservation of Idaho; Shoshone ‘‘culturally unidentifiable’’ under authorization for the disposition of Tribe of the Wind River Reservation, NAGPRA, 43 CFR 10.9 (e)(6). Federal culturally unidentifiable human Wyoming; Southern Ute Indian Tribe of regulations currently preclude remains according to the Process and the Southern Ute Indian Reservation, disposition of culturally unidentifiable NAGPRA, pending publication of a Colorado; Standing Rock Sioux Tribe of human remains absent an overriding Notice of Inventory Completion in the North & South Dakota; Three Affiliated legal requirement or a recommendation Federal Register. This notice fulfills Tribes of the Fort Berthold Reservation, from the Secretary of the Interior, 43 that requirement. North Dakota; Ute Indian Tribe of the CFR 10.9 (e)(6). In 2006, the Colorado Representatives of any other Indian Uintah & Ouray Reservation, Utah; Ute Historical Society, in partnership with tribe that believes itself to be culturally Mountain Ute Tribe of the Ute Mountain the Colorado Commission of Indian affiliated with the human remains and/ Reservation, Colorado, New Mexico & Affairs, Southern Ute Indian Tribe of the or associated funerary objects should Utah; Wichita and Affiliated Tribes Southern Ute Reservation, Colorado, contact Sheila Goff, NAGPRA Liaison, (Wichita, Keechi, Waco & Tawakoni),
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Oklahoma; Ysleta del Sur Pueblo of from burial place’’ at ‘‘Indian Oasis, 345 East 24th St, New York, NY 10010, Texas; and Zuni Tribe of the Zuni Arizona.’’ The Papago are also known telephone (212) 998–9917, before June Reservation, New Mexico that this by the name Tohono O’odham. Indian 8, 2009. Repatriation of the human notice has been published. Oasis is today known as Sells, AZ. The remains to the Tohono O’odham Nation Dated: April 13, 2009. Tohono O’odham consider Sells to be of Arizona may proceed after that date part of their ancestral homelands. The Sherry Hutt, if no additional claimants come O’odham people are identified in 16th forward. Manager, National NAGPRA Program. century Spanish documents as living in The New York University College of [FR Doc. E9–10539 Filed 5–6–09; 8:45 am] present-day northern Mexico and Dentistry and Bureau of Indian Affairs BILLING CODE 4312–50–S southern Arizona. Several documents are responsible for notifying the Tohono record Tohono O’odham communities O’odham Nation of Arizona that this in the region in the late 17th century. notice has been published. DEPARTMENT OF THE INTERIOR The Tohono O’odham remained in Dated: April 14, 2009. southern Arizona, even during the National Park Service Sherry Hutt, Apache raids of the 19th century, and Manager, National NAGPRA Program. Notice of Inventory Completion: several winter or ‘‘well villages’’ were [FR Doc. E9–10544 Filed 5–6–09; 8:45 am] Department of the Interior, Bureau of located in the Sells district. Tohono Indian Affairs, Washington, DC and O’odham residents of Kui Tatk and BILLING CODE 4312–50–S New York University College of Tecolote, two defensive villages at the Dentistry, New York, NY time of the Gadsden Purchase in 1853, resettled into the village of Artesa, DEPARTMENT OF THE INTERIOR AGENCY: National Park Service, Interior. which later became part of Sells. In the National Park Service ACTION: Notice. early 20th century, Sells was identified as Komoktetuvavosit, a well village. In Notice is here given in accordance Notice of Inventory Completion: 1916, the Tohono O’odham Reservation Montclair Art Museum, Montclair, NJ with the Native American Graves was established by Executive Order. In Protection and Repatriation Act 1937, the Tohono O’odham Nation was AGENCY: National Park Service, Interior. (NAGPRA), 25 U.S.C. 3003, of the recognized under the Indian ACTION: Notice. completion of an inventory of human Reorganization Act. remains in the control of the The assignment of a tribal affiliation Notice is here given in accordance Department of the Interior, Bureau of of ‘‘Papago’’ for the human remains with the Native American Graves Indian Affairs, Washington, DC, and in suggests that they date to the late 17th Protection and Repatriation Act the physical custody of the New York to mid–20th centuries, the time period (NAGPRA), 25 U.S.C. 3003, of the University College of Dentistry, New for which variants of the word ‘‘Papago’’ completion of an inventory of human York, NY. The human remains were were in use. The cranial morphology of remains and associated funerary objects removed from Pima County, AZ. the human remains is consistent with in the possession of the Montclair Art This notice is published as part of the biometric data from early 20th century Museum, Montclair, NJ. The human National Park Service’s administrative Tohono O’odham communities. The remains and associated funerary objects responsibilities under NAGPRA, 25 description of the human remains as an were removed from Harbor Springs, U.S.C. 3003 (d)(3). The determinations ‘‘old’’ skeleton implies that the burial Emmett County, MI. in this notice are the sole responsibility predated the more recent cemetery This notice is published as part of the of the museum, institution, or Federal burials around Sells. Prior to the National Park Service’s administrative agency that has control of the Native adoption of cemeteries as burial areas, responsibilities under NAGPRA, 25 American human remains. The National individuals were placed in protected U.S.C. 3003 (d)(3). The determinations Park Service is not responsible for the locations such as cairns. The condition in this notice are the sole responsibility determinations in this notice. and the weathering pattern of the of the museum, institution, or Federal A detailed assessment of the human human remains are consistent with a agency that has control of the Native remains was made by the Bureau of cairn or other protected burial area. American human remains and Indian Affairs and New York University Officials of the Bureau of Indian associated funerary objects. The College of Dentistry professional staff in Affairs and New York University National Park Service is not responsible consultation with representatives of the College of Dentistry have determined for the determinations in this notice. Tohono O’odham Nation of Arizona. that, pursuant to 25 U.S.C. 3001 (9–10), A detailed assessment of the human In February 1919, human remains the human remains described above remains was made by Montclair Art representing a minimum of one represent the physical remains of one Museum professional staff in individual were removed from a burial individual of Native American ancestry. consultation with representatives of area in Sells, which is within the Officials of the Bureau of Indian Affairs Little Traverse Bay Bands of Odawa Tohono O’odham Reservation, Pima and New York University College of Indians, Michigan. County, AZ, by E.H. Davis. That same Dentistry also have determined that, At an unknown date, human remains year, Davis donated the human remains pursuant to 25 U.S.C. 3001 (2), there is representing a minimum of one to the Museum of the American Indian, a relationship of shared group identity individual were removed from Harbor Heye Foundation. In 1956, the Museum that can be reasonably traced between Springs, Emmett County, MI. Additional of the American Indian transferred the the Native American human remains circumstances surrounding the donation human remains to Dr. Theodore and the Tohono O’odham Nation of of the human remains to the Montclair Kazamiroff, New York University Arizona. Art Museum are not known. No known College of Dentistry. No known Representatives of any other Indian individual was identified. The two individual was identified. No associated tribe that believes itself to be culturally associated funerary objects are one knife funerary objects are present. affiliated with the human remains and one fishing spear head. Records identify the human remains should contact Dr. Louis Terracio, New A handwritten label on the base states as an ‘‘Old Papago skeleton exhumed York University College of Dentistry, that these are ‘‘Indian Relics.’’ The label
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also states that everything except the DEPARTMENT OF THE INTERIOR VA. According to records of the spear were found in a grave at Harbor Southwest Virginia Museum Historical Springs, MI. However, given the storage National Park Service State Park, portions of the human of the spear head with the human remains have possible donation records Notice of Inventory Completion: remains and knife, museum officials of 2/7/58, 8/11/53, or 6/23/70, and may Virginia Department of Conservation reasonably believe it to be an associated have been removed during those times. and Recreation, Division of State No known individuals were identified. funerary object and related to the other Parks, Richmond, VA and Southwest items. The nine associated funerary objects are Virginia Museum Historical State Park, one possible trade item made with glass Harbor Springs is within the territory Big Stone Gap, VA trade beads, three effigy pipes, one of the Little Traverse Bay Band of AGENCY: National Park Service, Interior. Catlinite pipe, two bird figures, one pot, Odawa Indians, Michigan. and one steatite. ACTION: Notice. Officials of the Montclair Art Museum At an unknown date, human remains have determined that, pursuant to 25 Notice is here given in accordance representing a minimum of one U.S.C. 3001 (9–10), the human remains with the Native American Graves individual were removed from a burial described above represent the physical Protection and Repatriation Act cave in Lee County, VA. No known remains of one individual of Native (NAGPRA), 25 U.S.C. 3003, of the individual was identified. No associated American ancestry. Officials of the completion of an inventory of human funerary objects are present. While scientific dating of the human remains and associated funerary objects Montclair Art Museum also have remains was not possible, similar in the control of the Virginia determined that, pursuant to 25 U.S.C. osteological comparisons of prehistoric 3001 (3)(A), the two objects described Department of Conservation and Native Americans from other mortuary above are reasonably believed to have Recreation, Division of State Parks, caves in southwest Virginia reveal been placed with or near individual Richmond, VA, and in the possession of through radiocarbon dates and artifact human remains at the time of death or the Southwest Virginia Museum evidence that the predominant use of later as part of the death rite or Historical State Park, Big Stone Gap, mortuary caves in the region was ceremony. Lastly, officials of the VA. The human remains and associated between circa A.D. 900–1400. Caves Montclair Art Museum have determined funerary objects were removed from used as mortuary facilities for that, pursuant to 25 U.S.C. 3001 (2), caves in Lee, Scott, and Wise Counties, prehistoric Native Americans are known there is a relationship of shared group VA. throughout the southeastern United This notice is published as part of the identity that can be reasonably traced States, and have been commonly National Park Service’s administrative between the Native American human documented in the far upper reaches of responsibilities under NAGPRA, 25 remains and associated funerary objects the Tennessee Valley drainage basin (far U.S.C. 3003 (d)(3). The determinations southwest Virginia). Mississippian sites and the Little Traverse Bay Bands of in this notice are the sole responsibility Odawa Indians, Michigan. of this type appeared almost of the museum, institution, or Federal simultaneously throughout the Representatives of any other Indian agency that has control of the Native Southeast around A.D. 850, and were tribe that believes itself to be culturally American human remains and mainly located within river floodplain affiliated with the human remains and associated funerary objects. The environments. Archeological associated funerary objects should National Park Service is not responsible scholarship traces Cherokee beginnings contact Twig Johnson, Curator of Native for the determinations in this notice. back to, at least, the beginning of the American Art, Montclair Art Museum, 3 A detailed assessment of the human Mississippian Period. Many scholars South Mountain Ave., Montclair, NJ remains was made by Virginia refer to the Cherokee evolving out of the 07042–1747, telephone (973) 746–5555, Department of Conservation and Mississippian tradition in the southern ext. 225, before June 8, 2009. Recreation and Virginia Historic Appalachians to have maintained a Repatriation of the human remains and Resources professional staff in continuity of material culture. associated funerary objects to the Little consultation with representatives of the In the 1500s, Spanish explorers found Traverse Bay Bands of Odawa Indians, Federally-recognized Absentee-Shawnee a flourishing Cherokee culture that Michigan may proceed after that date if Tribe of Indians of Oklahoma; Cherokee dominated the southern Appalachians. Nation, Oklahoma; Eastern Band of no additional claimants come forward. The Cherokees controlled some 140,000 Cherokee Indians of North Carolina; square miles throughout eight present- The Montclair Art Museum is Eastern Shawnee Tribe of Oklahoma; day southern states, including the responsible for notifying the Little Shawnee Tribe, Oklahoma; and United counties of southwest Virginia. Further Traverse Bay Bands of Odawa Indians, Keetoowah Band of Cherokee Indians in historical evidence of Cherokee Michigan that this notice has been Oklahoma. The Virginia Department of territorial control of this area, in modern published. Conservation and Recreation and times, is reflected in the Watauga Treaty Dated: April 3, 2009. Virginia Historic Resources professional of 1775, in which the Cherokee sold the staff also consulted with representatives area of present-day southwest Virginia, Sherry Hutt, of the following non-Federally Tennessee, and Kentucky to Richard Manager, National NAGPRA Program. recognized Indian groups: Henderson to form the new colony of [FR Doc. E9–10542 Filed 5–6–09; 8:45 am] Chickahominy Tribe, Eastern Transylvania. Both the Cherokee tribe BILLING CODE 4312–50–S Chickahominy Tribe, Mattaponi Tribe, and the colony of Virginia later opposed Monacan Indian Tribe, Nansemond this land purchase. Today, the rich Tribe, Pamunkey Tribe, Rappahannock history and culture of the Cherokee are Tribe, and Upper Mattaponi Tribe. interpreted at sites and events At unknown dates, human remains throughout the region. Regional history representing a minimum of three books document Cherokee history and individuals were removed from various many individuals speak of their caves in Lee, Scott, and Wise Counties, Cherokee ancestry. Descendants of the
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Cherokee are members of the Cherokee recognized Indian groups: Osteological characteristics indicate Nation, Oklahoma; Eastern Band of Chickahominy Tribe, Eastern that the human remains are Native Cherokee Indians of North Carolina; and Chickahominy Tribe, Mattaponi Tribe, American. Museum documentation United Keetoowah Band of Cherokee Monacan Indian Tribe, Nansemond states that the human remains were Indians in Oklahoma. Tribe, Pamunkey Tribe, Rappahannock recovered from a cave in a ‘‘volcanic Officials of the Virginia Department of Tribe, and Upper Mattaponi Tribe. mountain’’ on the eastern end of the Conservation and Recreation and Dated: April 22, 2009. Island of Oahu in the ‘‘Sandwich Southwest Virginia Museum Historical Sherry Hutt, Islands.’’ ‘‘Sandwich Islands’’ is an State Park have determined that, antiquated term used to describe the pursuant to 25 U.S.C. 3001 (9–10), the Manager, National NAGPRA Program. [FR Doc. E9–10541 Filed 5–6–09; 8:45 am] islands of Hawaii. Anthropological and human remains described above historic information indicates that cave BILLING CODE 4312–50–S represent the physical remains of at interments are consistent with least four individuals of Native traditional Native Hawaiian mortuary American ancestry. Officials of the practices. Archeological and historic Virginia Department of Conservation DEPARTMENT OF THE INTERIOR documentation combined with oral and Recreation and Southwest Virginia National Park Service traditions support that the human Museum Historical State Park also have remains are from an area considered to determined that, pursuant to 25 U.S.C. Notice of Inventory Completion: 3001 (3)(A), the nine objects described be part of the aboriginal homelands of Warren Anatomical Museum, Harvard ancestral Native Hawaiians. Present-day above are reasonably believed to have University, Boston, MA been place with or near individual groups that represent Native Hawaiians for the Island of Oahu are Hui Malama human remains at the time of death or AGENCY: National Park Service, Interior. I Na Kupuna O Hawai’i Nei, Oahu later as part of the death rite or ACTION: Notice. ceremony. Lastly, officials of the Island Burial Council, and the Office of Hawaiian Affairs. Virginia Department of Conservation Notice is here given in accordance and Recreation and Southwest Virginia with the Native American Graves Officials of the Peabody Museum of Museum Historical State Park also have Protection and Repatriation Act Archaeology and Ethnology and Warren determined that, pursuant to 25 U.S.C. (NAGPRA), 25 U.S.C. 3003, of the Anatomical Museum have determined 3001 (2), there is a relationship of completion of an inventory of human that, pursuant to 25 U.S.C. 3001 (9–10), shared group identity that can be remains in the possession and control of the human remains described above reasonably traced between the Native Warren Anatomical Museum, Harvard represent the physical remains of one American human remains and University, Boston, MA. The human individual of Native American ancestry. associated funerary objects and the remains were removed from the Island Officials of the Peabody Museum of Cherokee Nation, Oklahoma; Eastern of Oahu, HI. Archaeology and Ethnology and Warren Band of Cherokee Indians of North This notice is published as part of the Anatomical Museum also have Carolina; and United Keetoowah Band National Park Service’s administrative determined that, pursuant to 25 U.S.C. of Cherokee Indians in Oklahoma. responsibilities under NAGPRA, 25 3001 (2), there is a relationship of Representatives of any other Indian U.S.C. 3003 (d)(3). The determinations shared group identity that can be tribe that believes itself to be culturally in this notice are the sole responsibility affiliated with the human remains and reasonably traced between the Native associated funerary objects should of the museum, institution, or Federal American human remains and Hui contact Sharon Ewing, Virginia agency that has control of the Native Malama I Na Kupuna O Hawai’i Nei, Department of Conservation and American human remains. The National Oahu Island Burial Council, and the Recreation/Southwest Virginia Museum Park Service is not responsible for the Office of Hawaiian Affairs. Historical State Park, P.O. Box 742, Big determinations in this notice. Representatives of any other Indian Stone Gap, VA 24219, telephone (276) A detailed assessment of the human tribe or Native Hawaiian Organization 523–1322, before June 8, 2009. remains was made by Peabody Museum that believes itself to be culturally Repatriation of the human remains and of Archaeology and Ethnology and affiliated with the human remains associated funerary objects to the Warren Anatomical Museum should contact Patricia Capone, Cherokee Nation, Oklahoma; Eastern professional staff in consultation with Repatriation Coordinator, Peabody Band of Cherokee Indians of North representatives of the Hawaii Island Museum of Archaeology and Ethnology, Burial Council, Hui Malama I Na Carolina; and/or United Keetoowah Harvard University, 11 Divinity Ave., Kupuna O Hawai’i Nei, Oahu Island Band of Cherokee Indians in Oklahoma Cambridge, MA 02138, telephone (617) Burial Council, and the Office of may proceed after that date if no 496–3702, before June 8, 2009. Hawaiian Affairs. additional claimants come forward. Repatriation of the human remains to In 1843, human remains representing The Virginia Department of Hui Malama I Na Kupuna O Hawai’i a minimum of one individual were Conservation and Recreation is Nei, Oahu Island Burial Council, and responsible for notifying the Federally- removed from Oahu Island, HI, by J. H. the Office of Hawaiian Affairs may recognized Absentee-Shawnee Tribe of Lyman. The human remains were proceed after that date if no additional Indians of Oklahoma; Cherokee Nation, presented to the Anatomical Museum of claimants come forward. Oklahoma; Eastern Band of Cherokee the Boston Society for Medical Indians of North Carolina; Eastern Improvement on an unknown date The Peabody Museum of Archaeology Shawnee Tribe of Oklahoma; Shawnee before 1847. The Anatomical Museum and Ethnology and Warren Anatomical Tribe, Oklahoma; and United of the Boston Society for Medical Museum are responsible for notifying Keetoowah Band of Cherokee Indians in Improvement transferred its collection the Hawaii Island Burial Council, Hui Oklahoma, that this notice has been to the Warren Anatomical Museum in Malama I Na Kupuna O Hawai’i Nei, published. The Virginia Department of 1871. No known individual was Oahu Island Burial Council, and the Conservation and Recreation will also identified. No associated funerary Office of Hawaiian Affairs that this notify the following non-Federally objects are present. notice has been published.
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Dated: April 28, 2009. In 1959, human remains representing Confederated Tribes and Bands of the Sherry Hutt, a minimum of one individual were Yakama Nation, Washington. Manager, National NAGPRA Program. removed from site 45DO59 in Douglas Representatives of any other Indian [FR Doc. E9–10547 Filed 5–6–09; 8:45 am] County, WA, by Alexander Gunkel tribe that believes itself to be culturally BILLING CODE 4312–50–S during a site testing project at the Rocky affiliated with the human remains and Reach Dam Reservoir. The human associated funerary objects should remains have been in the possession of contact Mary Collins, Director of the DEPARTMENT OF THE INTERIOR the Museum of Anthropology at Museum of Anthropology at Washington State University since that Washington State University, Pullman, National Park Service time. No known individual was WA 99164–4910, telephone (509) 335– identified. The 29 associated funerary 4314, before June 8, 2009. Repatriation Notice of Inventory Completion: objects are 1 chipped stone drill, 1 of the human remains and associated Chelan County Public Utility District, scraper, 3 chipped stone tool tips, 14 funerary objects to the Confederated Wenatchee, WA and Museum of olivella shell beads, 1 base of a chipped Tribes of the Colville Reservation, Anthropology at Washington State stone tool, 1 natural rock, 4 lots of Washington and Confederated Tribes University, Pullman, WA flakes, 1 lot of wood fragments, 1 lot of and Bands of the Yakama Nation, AGENCY: National Park Service, Interior. faunal remains, 1 mussel shell pendant, Washington may proceed after that date ACTION: Notice. and 1 lot of ochre. if no additional claimants come The determination of the cultural forward. Notice is here given in accordance affiliation of the human remains is The Museum of Anthropology at with the Native American Graves based upon geographical, archeological, Washington State University is Protection and Repatriation Act oral tradition, and historic evidence. responsible for notifying the (NAGPRA), 25 U.S.C. 3003, of the Projectile point types suggest an age Confederated Tribes of the Colville completion of an inventory of human ranging from the middle to late Reservation, Washington and remains and associated funerary objects Prehistoric Period (about 6,000 years Confederated Tribes and Bands of the in the control of the Chelan County ago) to the Contact Period. The olivella Yakama Nation, Washington that this Public Utility District, Wenatchee, WA, shell beads, red ochre, and mussel shell notice has been published. pendant are funerary objects common in and in the physical custody of the Dated: April 9, 2009. Museum of Anthropology at Prehistoric burials on the Columbia Sherry Hutt, Washington State University, Pullman, Plateau. The human remains and WA. The human remains and associated artifacts indicate that they are from the Manager, National NAGPRA Program. funerary objects were removed from Native people who utilized the [FR Doc. E9–10543 Filed 5–6–09; 8:45 am] sites along the Rocky Reach Reservoir in Columbia River during the late BILLING CODE 4312–50–S Chelan and Douglas Counties, WA. Prehistoric Period. Descendant This notice is published as part of the communities from the Native people National Park Service’s administrative that jointly used the Columbia River are DEPARTMENT OF THE INTERIOR responsibilities under NAGPRA, 25 members of the Confederated Tribes of U.S.C. 3003 (d)(3). The determinations the Colville Reservation, Washington National Park Service in this notice are the sole responsibility and Confederated Tribes and Bands of Notice of Inventory Completion: of the museum, institution, or Federal the Yakama Nation, Washington. Colorado Historical Society, Denver, Officials of the Chelan County Public agency that has control of the Native CO American human remains and Utility District and Museum of associated funerary objects. The Anthropology at Washington State AGENCY: National Park Service, Interior. National Park Service is not responsible University have determined that, ACTION: Notice. for the determinations in this notice. pursuant to 25 U.S.C. 3001 (9–10), the A detailed assessment of the human human remains described above Notice is here given in accordance remains was made by professional staff represent the physical remains of two with the Native American Graves at the Museum of Anthropology at individuals of Native American Protection and Repatriation Act Washington State University in ancestry. Officials of the Chelan County (NAGPRA), 25 U.S.C. 3003, of the consultation with representatives of the Public Utility District and Museum of completion of an inventory of human Confederated Tribes of the Colville Anthropology at Washington State remains in the control of the Colorado Reservation, Washington and University also have determined that, Historical Society, Denver, CO. The Confederated Tribes and Bands of the pursuant to 25 U.S.C. 3001 (3)(A), the 29 human remains were removed from Yakama Nation, Washington. objects described above are reasonably Jefferson and Larimer Counties, CO. In 1954, human remains representing believed to have been placed with or This notice is published as part of the a minimum of one individual were near individual human remains at the National Park Service’s administrative removed from site 45CH53 in Chelan time of death or later as part of the death responsibilities under NAGPRA, 25 County, WA, by Richard Daugherty rite or ceremony. Lastly, officials of the U.S.C. 3003 (d)(3). The determinations during a survey of the Rocky Reach Dam Chelan County Public Utility District in this notice are the sole responsibility Reservoir. The human remains have and Museum of Anthropology at of the museum, institution, or Federal been in the possession of the Museum Washington State University have agency that has control of the Native of Anthropology at Washington State determined that, pursuant to 25 U.S.C. American human remains. The National University since that time. No known 3001 (2), there is a relationship of Park Service is not responsible for the individual was identified. No associated shared group identity that can be determinations in this notice. funerary objects are present. reasonably traced between the Native In 2006 and 2009, a detailed The human remains were in a cairn American human remains and assessment of the human remains was marked interment of a style common associated funerary objects and the made by Colorado Historical Society among late Prehistoric Period burials on Confederated Tribes of the Colville professional staff in consultation with the Columbia Plateau. Reservation, Washington and representatives of the Arapahoe Tribe of
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the Wind River Reservation, Wyoming; inadvertently discovered by a Officials of the Colorado Historical Cheyenne and Arapaho Tribes, homeowner in a box in the home’s Society have determined that, pursuant Oklahoma (formerly Cheyenne and crawl space and taken to the Jefferson to 25 U.S.C. 3001 (9–10), the human Arapaho Tribes of Oklahoma); County Coroner’s Office. The human remains described above represent the Comanche Nation, Oklahoma; Crow remains were reportedly collected by physical remains of 37 individuals of Tribe of Montana; Hopi Tribe of the previous owner from ‘‘a mine’’ Native American ancestry. Officials of Arizona; Jicarilla Apache Nation, New sometime between 1958 to 1965. In the Colorado Historical Society also Mexico; Kiowa Indian Tribe of November 2001, the human remains have determined that, pursuant to 25 Oklahoma; Mescalero Apache Tribe of were transferred to the Colorado U.S.C. 3001 (2), a relationship of shared the Mescalero Reservation, New Mexico; Historical Society. No known group identity cannot be reasonably Navajo Nation, Arizona, New Mexico & individuals were identified. No traced between the Native American Utah; Northern Cheyenne Tribe of the associated funerary objects are present. human remains and any present-day Northern Cheyenne Indian Reservation, The human remains represent four Indian tribe. Montana; Oglala Sioux Tribe of the Pine adults and two subadults, sex unknown. Colorado Historical Society has Ridge Reservation, South Dakota; Ohkay The estimated antiquity of the human determined that the human remains are Owingeh, New Mexico (formerly the remains is unknown. ‘‘culturally unidentifiable’’ under Pueblo of San Juan); Paiute Indian Tribe At an unknown date, but prior to NAGPRA, 43 C.F.R. 10.9 (e)(6). Federal of Utah (Cedar City Band of Paiute, 2002, human remains representing a regulations currently preclude Kanosh Band of Paiutes, Koosharem minimum of 11 individuals were disposition of culturally unidentifiable Band of Paiutes, Indian Peaks Band of removed from Colorado State University human remains absent an overriding Paiutes, and Shivwits Band of Paiutes); in Larimer County, CO (OAHP Case legal requirement or a recommendation Pawnee Nation of Oklahoma; Pueblo of Number 200). The exact origin or origins from the Secretary of the Interior, 43 Acoma, New Mexico; Pueblo of Cochiti, of these individuals are not known. The C.F.R 10.9 (e)(6). In 2006, the Colorado New Mexico; Pueblo of Isleta, New human remains were claimed as private Historical Society, in partnership with Mexico; Pueblo of Jemez, New Mexico; property by the widow of Dr. Michael the Colorado Commission of Indian Pueblo of Nambe, New Mexico; Pueblo Charney, a former professor at the Affairs, Southern Ute Indian Tribe of the of Picuris, New Mexico; Pueblo of University who died in 1998. The Southern Ute Reservation, Colorado, Pojoaque, New Mexico; Pueblo of San human remains were subsequently and Ute Mountain Tribe of the Ute Ildefonso, New Mexico; Pueblo of taken into custody by the Larimer Mountain Reservation, Colorado, New Sandia, New Mexico; Pueblo of Santa County Sheriff’s Office. Following Mexico & Utah conducted tribal Ana, New Mexico; Pueblo of Santa litigation, in 2006, the human remains, consultations among the tribes with Clara, New Mexico; Pueblo of Tesuque, which were initially identified as Native ancestral ties to the State of Colorado to New Mexico; Pueblo of Zia, New American, were transferred to the develop the process for disposition of Mexico; Rosebud Sioux Tribe of the Colorado Historical Society by court culturally unidentifiable Native Rosebud Indian Reservation, South order to be repatriated in accordance American human remains and Dakota; Shoshone-Bannock Tribes of the with Colorado State burial law and associated funerary objects originating Fort Hall Reservation of Idaho; NAGPRA. No known individuals were from inadvertent discoveries on Shoshone Tribe of the Wind River identified. No associated funerary Colorado State and private lands As a Reservation, Wyoming; Southern Ute objects are present. result of the consultation, a process was Indian Tribe of the Southern Ute Indian The human remains represent four developed, Process for Consultation, Reservation, Colorado; Standing Rock adult males, four adult females, one sub- Transfer, and Reburial of Culturally Sioux Tribe of North & South Dakota; adult female and two adults whose sex Unidentifiable Native American Human Three Affiliated Tribes of the Fort is indeterminate. The estimated Remains and Associated Funerary Berthold Reservation, North Dakota; Ute antiquity of the human remains is Objects Originating From Inadvertent Indian Tribe of the Uintah & Ouray unknown. Discoveries on Colorado State and Reservation, Utah; Ute Mountain Tribe In June 2008, human remains Private Lands, (2008), (unpublished, on of the Ute Mountain Reservation, representing a minimum of one file with the Colorado Office of Colorado, New Mexico & Utah; and individual were discovered by a private Archaeology and Historic Preservation). Zuni Tribe of the Zuni Reservation, New citizen in Jefferson County, CO (OAHP The origins of the Native American Mexico. Case Number 260) during the execution human remains described above are In August 1996, human remains of her deceased father’s estate. The exact unknown, however, they were received representing a minimum of 19 origin of the individual is unknown. In through police seizures or private individuals were seized from a storage June 2008, the human remains were citizens on Colorado State and private locker by the Lakewood Police transferred to the Colorado Historical lands in Jefferson and Larimer Counties, Department in Jefferson County, CO Society. No known individual was CO. Jefferson and Larimer Counties are (Office of Archaeology and Historic identified. No associated funerary located in the Great Plains Consultation Preservation (OAHP) Case Number 125). objects are present. Region, as established by the Process. In November 2001, the human remains The antiquity, age, and sex of the The Native American Graves were transferred to the Colorado individual are unknown. Protection and Repatriation Review Historical Society. No known Insufficient geographical, kinship, Committee (Review Committee) is individuals were identified. No biological, archeological, linguistic, responsible for recommending specific associated funerary objects are present. folkore, oral tradition, historical actions for disposition of culturally The antiquity, age, sex and origin of evidence or other information or expert unidentifiable human remains. On the individuals are unknown. opinion exists to reasonably establish November 3–4, 2006, the Process was In November 2001, human remains cultural affiliation of the individuals presented to the Review Committee for representing a minimum of six described above with any present-day consideration. A January 8, 2007, letter individuals were removed from an Indian tribe, although physical on behalf of the Review Committee from unknown location (OAHP Case Number anthropological evidence supports the Designated Federal Officer 198). The human remains were Native American identity. transmitted the provisional
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authorization to proceed with the Ildefonso, New Mexico; Pueblo of In 2006 and 2009, a detailed Process upon receipt of formal Sandia, New Mexico; Pueblo of Santa assessment of the human remains and responses from the Jicarilla Apache Ana, New Mexico; Pueblo of Santa associated funerary objects was made by Nation, New Mexico and Kiowa Indian Clara, New Mexico; Pueblo of Santo Colorado Historical Society professional Tribe of Oklahoma, subject to Domingo, New Mexico; Pueblo of Taos, staff in consultation with forthcoming conditions imposed by the New Mexico; Pueblo of Tesuque, New representatives of the Arapahoe Tribe of Secretary of the Interior. On May 15–16, Mexico; Pueblo of Zia, New Mexico; the Wind River Reservation, Wyoming; 2008, the responses from the Jicarilla Rosebud Sioux Tribe of the Rosebud Cheyenne and Arapaho Tribes, Apache Nation, New Mexico and Kiowa Indian Reservation, South Dakota; San Oklahoma (formerly Cheyenne and Indian Tribe of Oklahoma were Juan Southern Paiute Tribe of Arizona; Arapaho Tribes of Oklahoma); submitted to the Review Committee. On Shoshone-Bannock Tribes of the Fort Comanche Nation, Oklahoma; Crow September 23, 2008, the Assistant Hall Reservation of Idaho; Shoshone Tribe of Montana; Hopi Tribe of Secretary for Fish and Wildlife and Tribe of the Wind River Reservation, Arizona; Jicarilla Apache Nation, New Parks, as the designee for the Secretary Wyoming; Southern Ute Indian Tribe of Mexico; Kiowa Indian Tribe of of the Interior, transmitted the the Southern Ute Indian Reservation, Oklahoma; Mescalero Apache Tribe of authorization for the disposition of Colorado; Standing Rock Sioux Tribe of the Mescalero Reservation, New Mexico; culturally unidentifiable human North & South Dakota; Three Affiliated Navajo Nation, Arizona, New Mexico & remains according to the Process and Tribes of the Fort Berthold Reservation, Utah; Northern Cheyenne Tribe of the NAGPRA, pending publication of a North Dakota; Ute Indian Tribe of the Northern Cheyenne Indian Reservation, Notice of Inventory Completion in the Uintah & Ouray Reservation, Utah; Ute Montana; Oglala Sioux Tribe of the Pine Federal Register. This notice fulfills Mountain Tribe of the Ute Mountain Ridge Reservation, South Dakota; Ohkay that requirement. Reservation, Colorado, New Mexico & Owingeh, New Mexico (formerly the Representatives of any other Indian Utah; Wichita and Affiliated Tribes Pueblo of San Juan); Paiute Indian Tribe tribe that believes itself to be culturally (Wichita, Keechi, Waco & Tawakoni), of Utah (Cedar City Band of Paiute, affiliated with the human remains Oklahoma; Ysleta del Sur Pueblo of Kanosh Band of Paiutes, Koosharem should contact Sheila Goff, NAGPRA Texas; and Zuni Tribe of the Zuni Band of Paiutes, Indian Peaks Band of Liaison, Colorado Historical Society, Reservation, New Mexico that this Paiutes, and Shivwits Band of Paiutes); 1300 Broadway, Denver, CO 80203, notice has been published. Pawnee Nation of Oklahoma; Pueblo of telephone (303) 866–4531, before June Acoma, New Mexico; Pueblo of Cochiti, 8, 2009. Disposition of the human Dated: April 13, 2009. Sherry Hutt, New Mexico; Pueblo of Isleta, New remains to the Southern Ute Indian Mexico; Pueblo of Jemez, New Mexico; Manager, National NAGPRA Program. Tribe of the Southern Ute Reservation, Pueblo of Nambe, New Mexico; Pueblo Colorado, and the Ute Mountain Tribe [FR Doc. E9–10534 Filed 5–6–09; 8:45 am] of Picuris, New Mexico; Pueblo of of the Ute Mountain Reservation, BILLING CODE 4312–50–S Pojoaque, New Mexico; Pueblo of San Colorado, New Mexico & Utah may Ildefonso, New Mexico; Pueblo of proceed after that date if no additional Sandia, New Mexico; Pueblo of Santa DEPARTMENT OF THE INTERIOR claimants come forward. Ana, New Mexico; Pueblo of Santa The Colorado Historical Society is Clara, New Mexico; Pueblo of Tesuque, responsible for notifying the Apache National Park Service New Mexico; Pueblo of Zia, New Tribe of Oklahoma; Arapahoe Tribe of Mexico; Rosebud Sioux Tribe of the the Wind River Reservation of Notice of Inventory Completion: Rosebud Indian Reservation, South Wyoming; Cheyenne and Arapaho Colorado Historical Society, Denver, Tribes, Oklahoma; Cheyenne River CO Dakota; Shoshone-Bannock Tribes of the Sioux Tribe of the Cheyenne River Fort Hall Reservation of Idaho; AGENCY: National Park Service, Interior. Reservation, South Dakota; Comanche Shoshone Tribe of the Wind River Nation, Oklahoma; Crow Creek Sioux ACTION: Notice. Reservation, Wyoming; Southern Ute Tribe of the Crow Creek Reservation, Indian Tribe of the Southern Ute Indian South Dakota; Crow Tribe of Montana; Notice is here given in accordance Reservation, Colorado; Standing Rock Fort Sill Apache Tribe of Oklahoma; with the Native American Graves Sioux Tribe of North & South Dakota; Hopi Tribe of Arizona; Jicarilla Apache Protection and Repatriation Act Three Affiliated Tribes of the Fort Nation, New Mexico; Kiowa Indian (NAGPRA), 25 U.S.C. 3003, of the Berthold Reservation, North Dakota; Ute Tribe of Oklahoma; Mescalero Apache completion of an inventory of human Indian Tribe of the Uintah & Ouray Tribe of the Mescalero Reservation, New remains and associated funerary objects Reservation, Utah; Ute Mountain Tribe Mexico; Navajo Nation, Arizona, New in the control of the Colorado Historical of the Ute Mountain Reservation, Mexico & Utah; Northern Cheyenne Society, Denver, CO. The human Colorado, New Mexico & Utah; and Tribe of the Northern Cheyenne Indian remains and associated funerary objects Zuni Tribe of the Zuni Reservation, New Reservation, Montana; Oglala Sioux were removed from Alamosa, Costilla, Mexico. Tribe of the Pine Ridge Reservation, La Plata, and Saguache Counties, CO. In April 1997, human remains South Dakota; Ohkay Owingeh, New This notice is published as part of the representing a minimum of one Mexico; Paiute Indian Tribe of Utah; National Park Service’s administrative individual were removed from private Pawnee Nation of Oklahoma; Pueblo of responsibilities under NAGPRA, 25 land in Costilla County, CO (Office of Acoma, New Mexico; Pueblo of Cochiti, U.S.C. 3003 (d)(3). The determinations Archaeology and Historic Preservation New Mexico; Pueblo of Isleta, New in this notice are the sole responsibility (OAHP) Case Number 132; 5CT.271). Mexico; Pueblo of Jemez, New Mexico; of the museum, institution, or Federal The human remains were inadvertently Pueblo of Laguna, New Mexico; Pueblo agency that has control of the Native discovered on the surface of the land by of Nambe, New Mexico; Pueblo of American human remains and a private citizen looking for antler sheds Picuris, New Mexico; Pueblo of associated funerary objects. The on the Blanca Trinchera Ranch. The Pojoaque, New Mexico; Pueblo of San National Park Service is not responsible human remains were transferred to Felipe, New Mexico; Pueblo of San for the determinations in this notice. Colorado College by Costilla County
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authorities. In August 2002, the human be 2–3 years old. Based on the Historical Society, in partnership with remains were transferred to the associated funerary object, the estimated the Colorado Commission of Indian Colorado Historical Society. No known antiquity is 500 B.C. to A.D. 900. Affairs, Southern Ute Indian Tribe of the individual was identified. No associated In 1987, human remains representing Southern Ute Reservation, Colorado, funerary objects are present. a minimum of two individuals were and Ute Mountain Tribe of the Ute The human remains represent a removed from county land in Alamosa Mountain Reservation, Colorado, New Native American female estimated to be County, CO (OAHP Case Number 250; Mexico & Utah conducted tribal 35–50 years old. The antiquity of the 5AL.396). The human remains were consultations among the tribes with human remains is unknown. inadvertently exposed during road ancestral ties to the State of Colorado to In June or July 2000, human remains maintenance activities on an Alamosa develop the process for disposition of representing a minimum of two County road. The Rio Grande National culturally unidentifiable Native individuals were removed from Forest Archaeologist conducted a burial American human remains and municipal land in Saguache County, CO investigation and placed the human associated funerary objects originating (OAHP Case Number 182; 5SH.1858). A remains in the custody of the Anasazi from inadvertent discoveries on teenage boy observed the human Heritage Center. In 2007, the Bureau of Colorado State and private lands. As a remains eroding from a road cut, and Land Management transferred the result of the consultation, a process was delivered them to the Saguache County human remains to the Colorado developed, Process for Consultation, Sheriff’s Office. In July 2002, the human Historical Society, since they had not Transfer, and Reburial of Culturally remains were transferred to the originated from Federal land. No known Unidentifiable Native American Human Colorado Historical Society. No known individuals were identified. The 30 Remains and Associated Funerary individuals were identified. No associated funerary objects are 29 Objects Originating From Inadvertent associated funerary objects are present. juniper beads and 1 partial canid Discoveries on Colorado State and The human remains represent one skeleton. Private Lands, (2008), (unpublished, on Native American adult (estimated to be The human remains represent a file with the Colorado Office of 50 years old) and one Native American Native American female, estimated to be Archaeology and Historic Preservation). subadult (estimated to be between the 50 years old and one Native American The Native American human remains ages of 7 and 11). The antiquity of the individual, sex and age unknown. The and associated funerary objects human remains is unknown. estimated antiquity is unknown. described above originated from In April 2005, human remains Insufficient geographical, kinship, inadvertent discoveries on Colorado representing a minimum of one biological, archeological, linguistic, State and private lands in Alamosa, individual were removed from private folkore, oral tradition, historical Costilla, La Plata, and Saguache land in Saguache County, CO (OAHP evidence or other information or expert Counties, CO, and are located in the Case Number 226; 5SH.2410). The opinion exists to reasonably establish Southwest Consultation Region, human remains were inadvertently cultural affiliation of the above established by the Process. discovered by a contractor excavating a individuals with any present-day Indian trench for an electrical line in the Baca tribe, although physical anthropological The Native American Graves Grande subdivision. A burial evidence supports Native American Protection and Repatriation Review investigation was conducted by OAHP identity. Committee (Review Committee) is staff, who recovered more skeletal Officials of the Colorado Historical responsible for recommending specific elements. In April 2005, the human Society have determined that, pursuant actions for disposition of culturally remains were transferred to the to 25 U.S.C. 3001 (9–10), the human unidentifiable human remains. On Colorado Historical Society. No known remains described above represent the November 3–4, 2006, the Process was individual was identified. The four physical remains of seven individuals of presented to the Review Committee for associated funerary objects are two Native American ancestry. Officials of consideration. A January 8, 2007, letter manos, one metate, and one bone awl the Colorado Historical Society also on behalf of the Review Committee from tip. have determined that, pursuant to 25 the Designated Federal Officer The human remains represent an U.S.C. 3001 (3)(A), the 35 objects transmitted the provisional elderly Native American male. The described above are reasonably believed authorization to proceed with the antiquity of the human remains is to have been placed with or near Process upon receipt of formal unknown. individual human remains at the time of responses from the Jicarilla Apache In April 2005, human remains death or later as part of the death rite Nation, New Mexico and Kiowa Indian representing a minimum of one or ceremony. Lastly, officials of the Tribe of Oklahoma, subject to individual were removed from Colorado Historical Society have forthcoming conditions imposed by the municipal land in La Plata County, CO determined that, pursuant to 25 U.S.C. Secretary of the Interior. On May 15–16, (OAHP Case Number 227; 5LP.7801). 3001 (2), a relationship of shared group 2008, the responses from the Jicarilla Employees of the Durango and Silverton identity cannot be reasonably traced Apache Nation, New Mexico and Kiowa Narrow Gauge Railroad inadvertently between the Native American human Indian Tribe of Oklahoma were discovered the human remains eroding remains and associated funerary objects submitted to the Review Committee. On from an embankment along railroad and any present-day Indian tribe. September 23, 2008, the Assistant tracks. OAHP staff assessed the site, and Colorado Historical Society has Secretary for Fish and Wildlife and Fort Lewis College staff conducted determined that these human remains Parks, as the designee for the Secretary additional excavation. In July 2006, the are ‘‘culturally unidentifiable’’ under of the Interior, transmitted the human remains were transferred to the NAGPRA, 43 CFR 10.9 (e)(6). Federal authorization for the disposition of Colorado Historical Society. No known regulations currently preclude culturally unidentifiable human individual was identified. The one disposition of culturally unidentifiable remains according to the Process and associated funerary object is an Olivella human remains absent an overriding NAGPRA, pending publication of a shell bead. legal requirement or a recommendation Notice of Inventory Completion in the The human remains represent a from the Secretary of the Interior, 43 Federal Register. This notice fulfills Native American subadult, estimated to CFR 10.9 (e)(6). In 2006, the Colorado that requirement.
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Representatives of any other Indian Uintah & Ouray Reservation, Utah; Ute Montana; Oglala Sioux Tribe of the Pine tribe that believes itself to be culturally Mountain Ute Tribe of the Ute Mountain Ridge Reservation, South Dakota; Ohkay affiliated with the human remains and/ Reservation, Colorado, New Mexico & Owingeh, New Mexico (formerly the or associated funerary objects should Utah; Wichita and Affiliated Tribes Pueblo of San Juan); Paiute Indian Tribe contact Sheila Goff, NAGPRA Liaison, (Wichita, Keechi, Waco & Tawakoni), of Utah (Cedar City Band of Paiute, Colorado Historical Society, 1300 Oklahoma; Ysleta del Sur Pueblo of Kanosh Band of Paiutes, Koosharem Broadway, Denver, CO 80203, telephone Texas; and Zuni Tribe of the Zuni Band of Paiutes, Indian Peaks Band of (303) 866–4531, before June 8, 2009. Reservation, New Mexico that this Paiutes, and Shivwits Band of Paiutes); Disposition of the human remains and notice has been published. Pawnee Nation of Oklahoma; Pueblo of associated funerary objects to the Dated: April 13, 2009. Acoma, New Mexico; Pueblo of Cochiti, New Mexico; Pueblo of Isleta, New Southern Ute Indian Tribe of the Sherry Hutt, Southern Ute Reservation, Colorado, Mexico; Pueblo of Jemez, New Mexico; Manager, National NAGPRA Program. and Ute Mountain Tribe of the Ute Pueblo of Nambe, New Mexico; Pueblo Mountain Reservation, Colorado, New [FR Doc. E9–10558 Filed 5–6–09; 8:45 am] of Picuris, New Mexico; Pueblo of Mexico & Utah may proceed after that BILLING CODE 4312–50–S Pojoaque, New Mexico; Pueblo of San date if no additional claimants come Ildefonso, New Mexico; Pueblo of Sandia, New Mexico; Pueblo of Santa forward. DEPARTMENT OF THE INTERIOR The Colorado Historical Society is Ana, New Mexico; Pueblo of Santa responsible for notifying the Apache National Park Service Clara, New Mexico; Pueblo of Tesuque, Tribe of Oklahoma; Arapahoe Tribe of New Mexico; Pueblo of Zia, New the Wind River Reservation of Notice of Inventory Completion: Mexico; Rosebud Sioux Tribe of the Wyoming; Cheyenne and Arapaho Colorado Historical Society, Denver, Rosebud Indian Reservation, South Tribes, Oklahoma; Cheyenne River CO Dakota; Shoshone-Bannock Tribes of the Fort Hall Reservation of Idaho; Sioux Tribe of the Cheyenne River AGENCY: National Park Service, Interior. Reservation, South Dakota; Comanche Shoshone Tribe of the Wind River ACTION: Notice. Reservation, Wyoming; Southern Ute Nation, Oklahoma; Crow Creek Sioux Indian Tribe of the Southern Ute Indian Tribe of the Crow Creek Reservation, Notice is here given in accordance Reservation, Colorado; Standing Rock South Dakota; Crow Tribe of Montana; with the Native American Graves Sioux Tribe of North & South Dakota; Fort Sill Apache Tribe of Oklahoma; Protection and Repatriation Act Three Affiliated Tribes of the Fort Hopi Tribe of Arizona; Jicarilla Apache (NAGPRA), 25 U.S.C. 3003, of the Berthold Reservation, North Dakota; Ute Nation, New Mexico; Kiowa Indian completion of an inventory of human Indian Tribe of the Uintah & Ouray Tribe of Oklahoma; Mescalero Apache remains and associated funerary objects Reservation, Utah; Ute Mountain Tribe Tribe of the Mescalero Reservation, New in the control of the Colorado Historical of the Ute Mountain Reservation, Mexico; Navajo Nation, Arizona, New Society, Denver, CO. The human Colorado, New Mexico & Utah; and Mexico & Utah; Northern Cheyenne remains and associated funerary objects Zuni Tribe of the Zuni Reservation, New Tribe of the Northern Cheyenne Indian were removed from Chaffee, Eagle, Mexico. Reservation, Montana; Oglala Sioux Garfield, Montrose, and Ouray Counties, In October 1992, human remains Tribe of the Pine Ridge Reservation, CO. representing a minimum of one South Dakota; Ohkay Owingeh, New This notice is published as part of the individual were removed from private Mexico; Paiute Indian Tribe of Utah; National Park Service’s administrative land in Ouray County, CO (Office of Pawnee Nation of Oklahoma; Pueblo of responsibilities under NAGPRA, 25 Archaeology and Historic Preservation Acoma, New Mexico; Pueblo of Cochiti, U.S.C. 3003 (d)(3). The determinations (OAHP) Case Number 71; 5QR.1006). New Mexico; Pueblo of Isleta, New in this notice are the sole responsibility The human remains were inadvertently Mexico; Pueblo of Jemez, New Mexico; of the museum, institution, or Federal discovered by hikers who observed Pueblo of Laguna, New Mexico; Pueblo agency that has control of the Native them eroding from a dry creek bank at of Nambe, New Mexico; Pueblo of American human remains and the edge of Log Hill Mesa, west of Dallas Picuris, New Mexico; Pueblo of associated funerary objects. The Creek. A burial investigation was Pojoaque, New Mexico; Pueblo of San National Park Service is not responsible conducted by staff from Western State Felipe, New Mexico; Pueblo of San for the determinations in this notice. College, Gunnison, CO. The human Ildefonso, New Mexico; Pueblo of In 2006 and 2009, a detailed remains were transferred to the Sandia, New Mexico; Pueblo of Santa assessment of the human remains and Colorado Historical Society in July Ana, New Mexico; Pueblo of Santa associated funerary objects was made by 1994. No known individual was Clara, New Mexico; Pueblo of Santo Colorado Historical Society professional identified. The one associated funerary Domingo, New Mexico; Pueblo of Taos, staff in consultation with object is a late prehistoric arrow point New Mexico; Pueblo of Tesuque, New representatives of the Arapahoe Tribe of fragment. Mexico; Pueblo of Zia, New Mexico; the Wind River Reservation, Wyoming; The human remains represent a Rosebud Sioux Tribe of the Rosebud Cheyenne and Arapaho Tribes, Native American male estimated to be Indian Reservation, South Dakota; San Oklahoma (formerly Cheyenne and 50+ years of age. A charcoal sample in Juan Southern Paiute Tribe of Arizona; Arapaho Tribes of Oklahoma); association with the individual yielded Shoshone-Bannock Tribes of the Fort Comanche Nation, Oklahoma; Crow a radiocarbon date of 1390 +/- 50 years Hall Reservation of Idaho; Shoshone Tribe of Montana; Hopi Tribe of B.P. Tribe of the Wind River Reservation, Arizona; Jicarilla Apache Nation, New In November 1993, human remains Wyoming; Southern Ute Indian Tribe of Mexico; Kiowa Indian Tribe of representing a minimum of one the Southern Ute Indian Reservation, Oklahoma; Mescalero Apache Tribe of individual were removed from private Colorado; Standing Rock Sioux Tribe of the Mescalero Reservation, New Mexico; land in Montrose County, CO (OAHP North & South Dakota; Three Affiliated Navajo Nation, Arizona, New Mexico & Case Number 100; 5MN.4494). The Tribes of the Fort Berthold Reservation, Utah; Northern Cheyenne Tribe of the human remains were inadvertently North Dakota; Ute Indian Tribe of the Northern Cheyenne Indian Reservation, discovered by a private citizen who
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observed them eroding from a stream Society in September 1998. No known Affairs, Southern Ute Indian Tribe of the bank near Colona, CO. A burial individual was identified. No associated Southern Ute Reservation, Colorado, investigation was conducted by OAHP funerary objects are present. and Ute Mountain Tribe of the Ute staff and additional skeletal elements Previous work at site 5EA.128 yielded Mountain Reservation, Colorado, New were recovered in March 1995. No a radiocarbon date of 2910 +/-55 B.P. Mexico & Utah, conducted tribal known individual was identified. No In July 2003, human remains consultations among the tribes with associated funerary objects are present. representing a minimum of one ancestral ties to the State of Colorado to The human remains represent a individual were removed from private develop the process for disposition of Native American female estimated to be land in Chaffee County, CO (OAHP Case culturally unidentifiable Native in her 50s. The estimated antiquity of Number 213; 5CF.1622). The human American human remains and the human remains is unknown. remains were inadvertently discovered associated funerary objects originating In May 1995, human remains by a contractor while excavating an from inadvertent discoveries on representing a minimum of one access ramp into the foundation of a Colorado State and private lands. As a individual were removed from private private residence in a new subdivision result of the consultation, a process was land in Montrose County, CO (OAHP west of Buena Vista. A burial developed, Process for Consultation, Case Number 111; 5MN.4781). The investigation was conducted by OAHP Transfer, and Reburial of Culturally human remains were inadvertently staff. The human remains were Unidentifiable Native American Human discovered protruding from a steep transferred to the Colorado Historical Remains and Associated Funerary slope following a mud slide in the west Society in July 2003. No known Objects Originating From Inadvertent end of Montrose County. Officials from individual was identified. No associated Discoveries on Colorado State and the Montrose County Sheriff’s funerary objects are present. Private Lands, (2008), (unpublished, on Department collected them and The human remains represent a file with the Colorado Office of conducted a burial investigation. The Native American male estimated to be Archaeology and Historic Preservation). human remains were transferred to the 35–50 years old. Morphological The Native American human remains Colorado Historical Society in October characteristics of the cranium suggest an and associated funerary objects 1995. No known individual was estimated antiquity of A.D. 100–1870. described above originated from identified. No associated funerary Insufficient geographical, kinship, inadvertent discoveries on state and objects are present. biological, archeological, linguistic, private lands in Ouray, Montrose, The antiquity, age and sex of the folkore, oral tradition, historical Garfield, Eagle and Chaffee Counties, individual are unknown. evidence or other information or expert CO, and are located in the Basin and In April 1997, human remains opinion exists to reasonably establish Plateau Consultation Region, representing a minimum of one cultural affiliation of the above established by the Process. individual were removed from private individuals with any present-day Indian The Native American Graves land in Garfield County, CO (OAHP tribe, although physical anthropological Protection and Repatriation Review Case Number 133; 5GF.2432). The evidence supports Native American Committee (Review Committee) is human remains were inadvertently identity. responsible for recommending specific discovered while a private citizen was Officials of the Colorado Historical actions for disposition of culturally excavating a house foundation in a Society have determined that, pursuant unidentifiable human remains. On subdivision near Crystal River. A burial to 25 U.S.C. 3001 (9–10), the human November 3–4, 2006, the Process was investigation was conducted by OAHP remains described above represent the presented to the Review Committee for staff. No known individual was physical remains of six individuals of consideration. A January 8, 2007, letter identified. The six associated funerary Native American ancestry. Officials of on behalf of the Review Committee from objects are a one-handed mano, a two- the Colorado Historical Society also the Designated Federal Officer handed mano, a hammerstone, a have determined that, pursuant to 25 transmitted the provisional triangular chert biface, a small rounded U.S.C. 3001 (3)(A), the seven objects authorization to proceed with the stone, and a bone awl embedded in the described above are reasonably believed Process upon receipt of formal left ear canal of the individual. to have been placed with or near responses from the Jicarilla Apache The human remains represent a individual human remains at the time of Nation, New Mexico and Kiowa Indian Native American female estimated to be death or later as part of the death rite Tribe of Oklahoma, subject to 40–45 years of age. The associated or ceremony. Lastly, officials of the forthcoming conditions imposed by the funerary objects suggest an estimated Colorado Historical Society have Secretary of the Interior. On May 15–16, antiquity of A.D. 1–1600. determined that, pursuant to 25 U.S.C. 2008, the responses from the Jicarilla In 1978, human remains were 3001 (2), a relationship of shared group Apache Nation, New Mexico and Kiowa removed from Eagle County, CO, by identity cannot be reasonably traced Indian Tribe of Oklahoma were Colorado Department of Transportation between the Native American human submitted to the Review Committee. On (CDOT) Staff Archaeologist John remains and associated funerary objects September 23, 2008, the Assistant Gooding, after discovery by a road and any present-day Indian tribe. Secretary for Fish and Wildlife and improvement crew. In May 1998, The Colorado Historical Society has Parks, as the designee for the Secretary human remains representing a determined that the human remains are of the Interior, transmitted the minimum of one individual were ‘‘culturally unidentifiable’’ under authorization for the disposition of discovered in a desk at CDOT (OAHP NAGPRA, 43 C.F.R. 10.9 (e)(6). Federal culturally unidentifiable human Case Number 148; 5EA.128). The human regulations currently preclude remains according to the Process and remains had been inadvertently disposition of culturally unidentifiable NAGPRA, pending publication of a separated from a Native American human remains absent an overriding Notice of Inventory Completion in the individual disinterred in 1978. CDOT legal requirement or a recommendation Federal Register. This notice fulfills staff tried to locate this individual to from the Secretary of the Interior, 43 that requirement. reunite the skeletal elements, but were C.F.R 10.9 (e)(6). In 2006, the Colorado Representatives of any other Indian unsuccessful and transferred the human Historical Society, in partnership with tribe that believes itself to be culturally remains to the Colorado Historical the Colorado Commission of Indian affiliated with the human remains and/
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or associated funerary objects should Utah; Wichita and Affiliated Tribes are from an unknown location, but contact Sheila Goff, NAGPRA Liaison, (Wichita, Keechi, Waco & Tawakoni), possibly either from Louisiana or Colorado Historical Society, 1300 Oklahoma; Ysleta del Sur Pueblo of Mississippi, and are the human remains Broadway, Denver, CO 80203, telephone Texas; and Zuni Tribe of the Zuni of a Choctaw individual. The cranial (303) 866–4531, before June 8, 2009. Reservation, New Mexico that this morphology of the human remains Disposition of the human remains and notice has been published. confirms that they belong to an associated funerary objects to the Dated: April 13, 2009. individual of Native American ancestry. Southern Ute Indian Tribe of the Sherry Hutt, No information from the museum Southern Ute Reservation, Colorado, Manager, National NAGPRA Program. records, osteological assessment, or and Ute Mountain Tribe of the Ute consultation conflicts with the Mountain Reservation, Colorado, New [FR Doc. E9–10560 Filed 5–6–09; 8:45 am] BILLING CODE 4312–50–S identification of the human remains as Mexico & Utah may proceed after that Choctaw. Tribal representatives of the date if no additional claimants come Choctaw Nation of Oklahoma; Jena forward. DEPARTMENT OF THE INTERIOR Band of Choctaw Indians, Louisiana; The Colorado Historical Society is and Mississippi Band of Choctaw responsible for notifying the Apache National Park Service Indians, Mississippi, support the Tribe of Oklahoma; Arapahoe Tribe of identification of the human remains as the Wind River Reservation of Notice of Inventory Completion: New Choctaw, and identify both Louisiana Wyoming; Cheyenne and Arapaho York University College of Dentistry, and Mississippi as the ancestral Tribes, Oklahoma; Cheyenne River New York, NY Sioux Tribe of the Cheyenne River homelands of the Choctaw. AGENCY: National Park Service, Interior. Reservation, South Dakota; Comanche Officials of the New York University ACTION: Nation, Oklahoma; Crow Creek Sioux Notice. College of Dentistry have determined Tribe of the Crow Creek Reservation, Notice is here given in accordance that, pursuant to 25 U.S.C. 3001 (9–10), South Dakota; Crow Tribe of Montana; with the Native American Graves the human remains described above Fort Sill Apache Tribe of Oklahoma; Protection and Repatriation Act represent the physical remains of one Hopi Tribe of Arizona; Jicarilla Apache (NAGPRA), 25 U.S.C. 3003, of the individual of Native American ancestry. Nation, New Mexico; Kiowa Indian completion of an inventory of human Officials of the New York University Tribe of Oklahoma; Mescalero Apache remains in the possession of the New College of Dentistry also have Tribe of the Mescalero Reservation, New York University College of Dentistry, determined that, pursuant to 25 U.S.C. Mexico; Navajo Nation, Arizona, New New York, NY. The human remains 3001 (2), there is a relationship of Mexico & Utah; Northern Cheyenne were removed from an unknown shared group identity that can be Tribe of the Northern Cheyenne Indian location. reasonably traced between the Native Reservation, Montana; Oglala Sioux This notice is published as part of the American human remains and the Tribe of the Pine Ridge Reservation, National Park Service’s administrative Choctaw Nation of Oklahoma; Jena South Dakota; Ohkay Owingeh, New responsibilities under NAGPRA, 25 Band of Choctaw Indians, Louisiana; Mexico; Paiute Indian Tribe of Utah; U.S.C. 3003 (d)(3). The determinations and Mississippi Band of Choctaw Pawnee Nation of Oklahoma; Pueblo of in this notice are the sole responsibility Indians, Mississippi. Acoma, New Mexico; Pueblo of Cochiti, of the museum, institution, or Federal New Mexico; Pueblo of Isleta, New agency that has control of the Native Representatives of any other Indian Mexico; Pueblo of Jemez, New Mexico; American human remains. The National tribe that believes itself to be culturally Pueblo of Laguna, New Mexico; Pueblo Park Service is not responsible for the affiliated with the human remains of Nambe, New Mexico; Pueblo of determinations in this notice. should contact Dr. Louis Terracio, New Picuris, New Mexico; Pueblo of A detailed assessment of the human York University College of Dentistry, Pojoaque, New Mexico; Pueblo of San remains was made by New York 345 East 24th St, New York, NY 10010, Felipe, New Mexico; Pueblo of San University College of Dentistry telephone (212) 998–9917, before June Ildefonso, New Mexico; Pueblo of professional staff in consultation with 8, 2009. Repatriation of the human Sandia, New Mexico; Pueblo of Santa representatives of the Choctaw Nation of remains to the Choctaw Nation of Ana, New Mexico; Pueblo of Santa Oklahoma; Jena Band of Choctaw Oklahoma; Jena Band of Choctaw Clara, New Mexico; Pueblo of Santo Indians, Louisiana; and Mississippi Indians, Louisiana; and Mississippi Domingo, New Mexico; Pueblo of Taos, Band of Choctaw Indians, Mississippi. Band of Choctaw Indians, Mississippi New Mexico; Pueblo of Tesuque, New At an unknown date, human remains may proceed after that date if no Mexico; Pueblo of Zia, New Mexico; representing a minimum of one additional claimants come forward. Rosebud Sioux Tribe of the Rosebud individual were removed from an Indian Reservation, South Dakota; San unknown location. They were acquired The New York University College of Juan Southern Paiute Tribe of Arizona; by Dr. Joseph Jones of Louisiana at an Dentistry is responsible for notifying the Shoshone-Bannock Tribes of the Fort unknown date. In 1906, the widow of Choctaw Nation of Oklahoma; Jena Hall Reservation of Idaho; Shoshone Dr. Jones sold his collection to the Band of Choctaw Indians, Louisiana; Tribe of the Wind River Reservation, Museum of the American Indian, Heye and Mississippi Band of Choctaw Wyoming; Southern Ute Indian Tribe of Foundation. In 1956, the Museum of the Indians, Mississippi that this notice has the Southern Ute Indian Reservation, American Indian transferred the human been published. Colorado; Standing Rock Sioux Tribe of remains to Dr. Theodore Kazamiroff, Dated: April 13, 2009. North & South Dakota; Three Affiliated New York University College of Sherry Hutt, Tribes of the Fort Berthold Reservation, Dentistry. No known individual was North Dakota; Ute Indian Tribe of the identified. No associated funerary Manager, National NAGPRA Program. Uintah & Ouray Reservation, Utah; Ute objects are present. [FR Doc. E9–10546 Filed 5–6–09; 8:45 am] Mountain Tribe of the Ute Mountain Museum of the American Indian BILLING CODE 4312–50–S Reservation, Colorado, New Mexico & records indicate that the human remains
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DEPARTMENT OF THE INTERIOR Officials of San Francisco State removed from a site along the Rocky University have determined that, Reach Reservoir, Chelan County, WA. National Park Service pursuant to 25 U.S.C. 3001 (9–10), the This notice is published as part of the human remains described above National Park Service’s administrative Notice of Inventory Completion: San represent the physical remains of one responsibilities under NAGPRA, 25 Francisco State University, San individual of Native American ancestry. U.S.C. 3003 (d)(3). The determinations Francisco, CA Officials of San Francisco State in this notice are the sole responsibility of the museum, institution, or Federal AGENCY: National Park Service, Interior. University also have determined that, pursuant to 25 U.S.C. 3001 (2), there is agency that has control of the Native ACTION: Notice. a relationship of shared group identity American human remains and Notice is here given in accordance that can be reasonably traced between associated funerary objects. The with the Native American Graves the Native American human remains National Park Service is not responsible Protection and Repatriation Act and the Klamath Tribes, Oregon and for the determinations in this notice. A detailed assessment of the human (NAGPRA), 25 U.S.C. 3003, of the Modoc Tribe of Oklahoma. remains was made by professional staff completion of an inventory of human Representatives of any other Indian at the Bureau of Land Management, remains in the control of San Francisco tribe that believes itself to be culturally Spokane District Office and the Museum State University, San Francisco, CA. affiliated with the human remains of Anthropology at Washington State The human remains were removed from should contact Jeff Fentress, NAGPRA University in consultation with an unknown site in Siskiyou County, Coordinator, Department of representatives of the Confederated CA. Anthropology, San Francisco State University, 1600 Holloway Ave., San Tribes of the Colville Reservation, This notice is published as part of the Washington and Confederated Tribes Francisco, CA 95132, telephone (415) National Park Service’s administrative and Bands of the Yakama Nation, 338–3075, before June 8, 2009. responsibilities under NAGPRA, 25 Washington. U.S.C. 3003 (d)(3). The determinations Repatriation of the human remains to In 1982, human remains representing in this notice are the sole responsibility the Klamath Tribes, Oregon may a minimum of three individuals were of the museum, institution, or Federal proceed after that date if no additional removed from site 45CH254 in Chelan agency that has control of the Native claimants come forward. County, WA, by Randall Schalk and American human remains. The National San Francisco State University is Robert Mierendorf during a survey of Park Service is not responsible for the responsible for notifying the Klamath the Rocky Reach Dam Reservoir. The determinations in this notice. Tribes, Oregon, and the Shasta Nation, human remains have been in the A detailed assessment of the human a non-Federally recognized Indian possession of the Museum of remains was made by San Francisco group, that this notice has been Anthropology at Washington State State University professional staff in published. University since that time. No known consultation with representatives of the Dated: April 3, 2009. individuals were identified. The human Klamath Tribes, Oregon (formerly the Sherry Hutt, remains were found mixed together in Klamath Indian Tribe of Oregon). Manager, National NAGPRA Program. an eroding embankment. At the time of On an unknown date, human remains [FR Doc. E9–10540 Filed 5–6–09; 8:45 am] excavation, the remains of only one representing a minimum of one adult individual were identified. individual were removed from an BILLING CODE 4312–50–S Museum documentation indicates that unknown site (Ca-Sis-UNK) in Siskiyou this individual was turned over to the County, CA. No known individual was DEPARTMENT OF THE INTERIOR Confederated Tribes of the Colville identified. No associated funerary Reservation on May 19, 1982. In 2007, objects are present. National Park Service an inventory of the collections The human remains were inside a box identified the remains of an infant and marked ‘‘Siskiyou Co.; No Site No.; Ft. Notice of Inventory Completion: U.S. child, as well as elements from an adult, Jones; Box 1 of 1,’’ indicating removal Department of the Interior, Bureau of but it is uncertain whether they belong from a Native American archeological Land Management, Spokane District to the individual turned over to the site near the town of Fort Jones which Office, Spokane, WA and Museum of Confederated Tribes of the Colville is located in Siskiyou County, CA. In Anthropology at Washington State Reservation in 1982. The 109 associated addition, the human remains were University, Pullman, WA funerary objects are 5 bifaces, 4 lots of determined to be Native American charcoal, 8 lots of fire modified rock, 34 based on the morphology of the AGENCY: National Park Service, Interior. lots of faunal remains, 16 lots of flakes, zygomatics and a shoveled incisor. ACTION: Notice. 1 tip of a chipped stone tool, 15 Based on ethnography and consultation retouched flakes, 1 lot of seeds, 4 lots of with Klamath Tribes, Oregon it has been Notice is here given in accordance natural rock, 1 hopper mortar base, 1 determined that Siskiyou County is with the Native American Graves mano, 10 projectile points, 2 scrapers, 1 within the historically documented Protection and Repatriation Act lot of red ochre, 5 lots of shell fish territory of the Klamath and Modoc (NAGPRA), 25 U.S.C. 3003, of the remains, and 1 incised bone object. tribes. Descendants of the Klamath and completion of an inventory of human The determination of the cultural Modoc are members of the Klamath remains and associated funerary objects affiliation of the human remains is Tribes, Oregon and Modoc Tribe of in the control of the U.S. Department of based upon geographical, archeological, Oklahoma. The Klamath Tribes, Oregon the Interior, Bureau of Land oral tradition, and historic evidence. have taken the lead on repatriation of Management, Spokane District Office, Charcoal from site 45CH254 was Native American human remains from Spokane, WA, and in the physical radiocarbon dated to about 1,200 years the area described above that are custody of the Museum of Anthropology ago. The human remains and artifacts culturally affiliated with the Klamath at Washington State University, indicate that they are from the Native and Modoc, and have claimed the Pullman, WA. The human remains and people who utilized the Columbia River human remains from site Ca-Sis-UNK. associated funerary objects were during that time period. Direct
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descendant communities from the DEPARTMENT OF THE INTERIOR for the Island of Hawaii are the Hawaii Native people that jointly used the Island Burial Council, Hui Malama I Na Columbia River 1,200 years ago are National Park Service Kupuna O Hawai’i Nei, and the Office members of the Confederated Tribes of of Hawaiian Affairs. the Colville Reservation, Washington Notice of Inventory Completion: Officials of the Peabody Museum of and Confederated Tribes and Bands of Warren Anatomical Museum, Harvard Archaeology and Ethnology and Warren the Yakama Nation, Washington. University, Boston, MA Anatomical Museum have determined Officials of the Bureau of Land AGENCY: National Park Service, Interior. that, pursuant to 25 U.S.C. 3001 (9–10), the human remains described above Management, Spokane District Office ACTION: Notice. and the Museum of Anthropology at represent the physical remains of six Washington State University have Notice is here given in accordance individuals of Native American determined that, pursuant to 25 U.S.C. with the Native American Graves ancestry. Officials of the Peabody 3001 (9–10), the human remains Protection and Repatriation Act Museum of Archaeology and Ethnology described above represent the physical (NAGPRA), 25 U.S.C. 3003, of the and Warren Anatomical Museum also remains of a minimum of three completion of an inventory of human have determined that, pursuant to 25 individuals of Native American remains in the possession and control of U.S.C. 3001 (2), there is a relationship ancestry. Officials of the Bureau of Land Warren Anatomical Museum, Harvard of shared group identity that can be Management, Spokane District Office University, Boston, MA. The human reasonably traced between the Native and the Museum of Anthropology at remains were removed from the Island American human remains and the Washington State University also have of Hawaii, HI. Hawaii Island Burial Council, Hui determined that, pursuant to 25 U.S.C. This notice is published as part of the Malama I Na Kupuna O Hawai’i Nei, 3001 (3)(A), the 109 objects described National Park Service’s administrative and the Office of Hawaiian Affairs. above are reasonably believed to have responsibilities under NAGPRA, 25 Representatives of any other Indian been placed with or near individual U.S.C. 3003 (d)(3). The determinations tribe or Native Hawaiian Organization human remains at the time of death or in this notice are the sole responsibility that believes itself to be culturally later as part of the death rite or of the museum, institution, or Federal affiliated with the human remains ceremony. Lastly, officials of the Bureau agency that has control of the Native should contact Patricia Capone, of Land Management, Spokane District American human remains. The National Repatriation Coordinator, Peabody Office have determined that, pursuant to Park Service is not responsible for the Museum of Archaeology and Ethnology, 25 U.S.C. 3001 (2), there is a determinations in this notice. Harvard University, 11 Divinity Ave., relationship of shared group identity A detailed assessment of the human Cambridge, MA 02138, telephone (617) that can be reasonably traced between remains was made by Peabody Museum 496–3702, before June 8, 2009. the Native American human remains of Archaeology and Ethnology and Repatriation of the human remains to and associated funerary objects and the Warren Anatomical Museum the Hawaii Island Burial Council, Hui Confederated Tribes of the Colville professional staff in consultation with Malama I Na Kupuna O Hawai’i Nei, Reservation, Washington and representatives of the Hawaii Island and the Office of Hawaiian Affairs may Confederated Tribes and Bands of the Burial Council, Hui Malama I Na proceed after that date if no additional Yakama Nation, Washington. Kupuna O Hawai’i Nei, Oahu Island claimants come forward. Burial Council, and the Office of The Peabody Museum of Archaeology Representatives of any other Indian and Ethnology and Warren Anatomical tribe that believes itself to be culturally Hawaiian Affairs. At an unknown date, human remains Museum are responsible for notifying affiliated with the human remains and the Hawaii Island Burial Council, Hui associated funerary objects should representing a minimum of six individuals were removed from the Malama I Na Kupuna O Hawai’i Nei, contact Richard Bailey, District Oahu Island Burial Council, and the Archaeologist, Bureau of Land Island of Hawaii, HI, by J.W. Whitney. The human remains were purchased by Office of Hawaiian Affairs that this Management, Spokane District Office, notice has been published. 1103 N. Fancher Road, Spokane, WA the Harvard Dental School Faculty for 99212–1275, telephone (509) 536–1217, the Harvard Dental School Museum in Dated: April 28, 2009. before June 8, 2009. Repatriation of the 1893. Between 1936 and 1968, the Sherry Hutt, human remains and associated funerary human remains were transferred to the Manager, National NAGPRA Program. objects to the Confederated Tribes of the Warren Anatomical Museum. No known [FR Doc. E9–10594 Filed 5–6–09; 8:45 am] Colville Reservation, Washington and individuals were identified. No BILLING CODE 4312–50–S Confederated Tribes and Bands of the associated funerary objects are present. Yakama Nation, Washington may Osteological characteristics indicate proceed after that date if no additional that the human remains are Native DEPARTMENT OF THE INTERIOR claimants come forward. American. Museum documentation National Park Service The Bureau of Land Management, states that these individuals were recovered from ‘‘lava caves’’ on the Spokane District Office is responsible Notice of Inventory Completion: for notifying the Confederated Tribes of Island of Hawaii. Anthropological and historic information indicates that cave Warren Anatomical Museum, Harvard the Colville Reservation, Washington University, Boston, MA and Confederated Tribes and Bands of interments are consistent with the Yakama Nation, Washington that traditional Native Hawaiian mortuary AGENCY: National Park Service, Interior. this notice has been published. practices. In addition, archeological and ACTION: Notice. historic documentation combined with Dated: April 3, 2009. oral traditions support that the human Notice is here given in accordance Sherry Hutt, remains are from an area considered to with the Native American Graves Manager, National NAGPRA Program. be part of the aboriginal homelands of Protection and Repatriation Act [FR Doc. E9–10538 Filed 5–6–09; 8:45 am] ancestral Native Hawaiians. Present-day (NAGPRA), 25 U.S.C. 3003, of the BILLING CODE 4312–50–S groups that represent Native Hawaiians completion of an inventory of human
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remains in the possession and control of shared group identity that can be opportunity to purchase and/or market Warren Anatomical Museum, Harvard reasonably traced between the Native the power that would be generated by University, Boston, MA. The human American human remains and Hui such development under a lease of remains were removed from an Malama I Na Kupuna O Hawai’i Nei and power privilege. The C–BTP is a unknown locality in the State of Hawaii. the Office of Hawaiian Affairs. Reclamation project. This Notice This notice is published as part of the Representatives of any other Indian presents background information, National Park Service’s administrative tribe or Native Hawaiian Organization proposal content guidelines, responsibilities under NAGPRA, 25 that believes itself to be culturally information concerning selection of one U.S.C. 3003(d)(3). The determinations in affiliated with the human remains or more non-Federal entities to develop this notice are the sole responsibility of should contact Patricia Capone, hydroelectric power at Carter Lake Dam the museum, institution, or Federal Repatriation Coordinator, Peabody Outlet, and power purchasing and/or agency that has control of the Native Museum of Archaeology and Ethnology, marketing considerations. Interested American human remains. The National Harvard University, 11 Divinity Ave., entities are invited to submit a proposal Park Service is not responsible for the Cambridge, MA 02138, telephone (617) on this project. determinations in this notice. 496–3702, before June 8, 2009. DATES: A written proposal and seven A detailed assessment of the human Repatriation of the human remains to copies must be submitted on or before remains was made by Peabody Museum Hui Malama I Na Kupuna O Hawai’i Nei 12 p.m. (MST), on September 18, 2009. of Archaeology and Ethnology and and the Office of Hawaiian Affairs may A proposal will be considered timely Warren Anatomical Museum proceed after that date if no additional only if it is received in the office of the professional staff in consultation with claimants come forward. Lease of Power Privilege Coordinator by representatives of the Hawaii Island The Peabody Museum of Archaeology or before 12 p.m. (MST) on the Burial Council, Hui Malama I Na and Ethnology and Warren Anatomical designated date. Interested entities are Kupuna O Hawai’i Nei, Oahu Island Museum are responsible for notifying cautioned that delayed delivery to this Burial Council, and the Office of the Hawaii Island Burial Council, Hui office due to failures or Hawaiian Affairs. Malama I Na Kupuna O Hawai’i Nei, misunderstandings of the entity and/or At an unknown date, human remains Oahu Island Burial Council, and the representing a minimum of one of mail, overnight, or courier services Office of Hawaiian Affairs that this will not excuse lateness and, individual were removed from an notice has been published. unknown location in the State of Hawaii accordingly, are advised to provide by D.H. Steadman. The human remains Dated: April 28, 2009. sufficient time for delivery. Late were presented to the Anatomical Sherry Hutt, proposals will not be considered. Museum of the Boston Society for Manager, National NAGPRA Program. ADDRESSES: Written proposals and Medical Improvement on an unknown [FR Doc. E9–10597 Filed 5–6–09; 8:45 am] seven copies should be sent to Mr. date before 1847. The Anatomical BILLING CODE 4312–50–S George Gliko, Lease of Power Privilege Museum of the Boston Society for Coordinator (GP–2200), Bureau of Medical Improvement transferred its Reclamation, Great Plains Regional collection to the Warren Anatomical DEPARTMENT OF THE INTERIOR Office (GP–2200), P.O. Box 36900, Museum in 1871. No known individual Billings, MT 59107–6900. was identified. No associated funerary Bureau of Reclamation Information related to Western’s objects are present. purchasing and/or marketing the power Notice of Intent To Contract for Osteological characteristics indicate may be obtained at Western Area Power that the human remains are Native Hydroelectric Power Development at Administration, Rocky Mountain American. Museum documentation state the Carter Lake Dam Outlet, a Feature Region, Attn: Dave Neumayer, Power that the human remains were recovered of the Colorado-Big Thompson Project Marketing Manager, 5555 East from the ‘‘Sandwich Islands.’’ (C–BTP), Colorado Crossroads Blvd., Loveland, Colorado ‘‘Sandwich Islands’’ is an antiquated AGENCY: Bureau of Reclamation, 80538, Telephone: (970) 461–7322. term used to describe the islands of Department of the Interior. Information related to the operation and maintenance of Carter Lake Dam Hawaii. Archeological and historic ACTION: Notice of intent to accept and Reservoir and the St. Vrain Canal documentation combined with oral proposals, select one lessee, and may be obtained at Northern Colorado traditions support that the human contract for hydroelectric power Water Conservancy District, 220 Water remains are from an area considered to development at Carter Lake Dam Outlet. be part of the aboriginal homelands of Avenue, Berthoud, Colorado 80513, ancestral Native Hawaiians. Present-day SUMMARY: Current Federal policy Telephone: (970) 532–7700. groups that represent Native Hawaiians encourages non-Federal development of FOR FURTHER INFORMATION CONTACT: Mr. for the State of Hawaii are Hui Malama electrical power resource potential on George Gliko at (406) 247–7651. I Na Kupuna O Hawai’i Nei and the Federal water resource projects. The Reclamation will be available to meet Office of Hawaiian Affairs. Department of the Interior, acting with interested entities only upon Officials of the Peabody Museum of through the Bureau of Reclamation written request to the Lease of Power Archaeology and Ethnology and Warren (Reclamation) will consider proposals Privilege Coordinator at the above Anatomical Museum have determined for non-Federal development of address. Reclamation reserves the right that, pursuant to 25 U.S.C. 3001 (9–10), hydroelectric power at Carter Lake Dam to schedule a single meeting and/or visit the human remains described above Outlet of the C–BTP, Colorado. to address at once the questions of all represent the physical remains of one Reclamation is considering such entities that have submitted questions or individual of Native American ancestry. hydroelectric power development under requested site visits. Officials of the Peabody Museum of a lease of power privilege. No Federal SUPPLEMENTARY INFORMATION: Archaeology and Ethnology and Warren funds will be available for such The C–BTP, located in central Anatomical Museum also have hydroelectric power development. The Colorado, was authorized for determined that, pursuant to 25 U.S.C. Western Area Power Administration construction, including hydroelectric 3001 (2), there is a relationship of (Western) would have the first power, by the Department of the Interior
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Appropriations Act, 1938 (1938 Act), market the power independently by first B. Provide geographical locations and Public Law 75–249, 50 Stat. 564 (August offering it to preference entities and describe principal structures and other 9, 1937). Specifically, the 1938 Act secondly to non-preference entities. important features of the proposed appropriates funds for the Project’s All costs incurred by the United development including roads and ‘‘construction in accordance with the States related to development and transmission lines. Estimate and plan described in Senate Document No. operation and maintenance under a describe installed capacity and the 80, Seventy-fifth Congress, First Session lease of power privilege, including but capacity of the power facilities under * * *’’ 50 Stat. 595. As part of the C– not limited to NEPA compliance, dry, average, and wet hydrological BTP, the United States constructed development of the lease of power conditions. Also describe seasonal or Carter Lake Dam and the St. Vrain privilege, design reviews, construction annual generation patterns. Include Supply Canal, which carries water south oversight, and any other associated estimates of the amount of electrical from the Carter Lake Dam Outlet to the documents, would be the expense of the energy that would be produced from vicinity of Lyons, Colorado. The lessee. In addition, the lessee would be each facility for each month of average, Northern Colorado Water Conservancy required to make annual lease payments dry, and wet water years. If capacity and District (District), under its contracts to the United States for the use of a energy can be delivered to another with the United States, has certain Federal facility. This payment includes location, either by the proposing entity operation, maintenance, replacement, a demand, energy and administrative or by potential wheeling agents, specify and repayment responsibilities and component. The total of the three (3) where capacity and energy can be obligations concerning the C–BTP, components for Fiscal Year 2008 would delivered. Include concepts for power which includes such responsibility for have resulted in an estimated lease sales and contractual arrangements, Carter Lake Dam and Reservoir and the payment between five (5) to seven (7) involved parties and the proposed recently transferred St. Vrain Supply mils per kWh depending on the lessee’s approach to wheeling if required. Canal. powerplant capacity and gross C. Indicate title arrangements and the Reclamation is considering generation. The three lease payment ability to acquire title to or the right to hydroelectric power development at components will be recalculated on an occupy and use lands necessary for the Carter Lake Dam Outlet through a lease annual basis. Additional information proposed development, including such of power privilege. A lease of power regarding the annual lease payment will additional lands as may be required privilege is a congressionally authorized be made available upon formal request during construction. alternative to Federal hydroelectric through the Lease of Power Privilege D. Identify water rights applicable to power development. A lease of power Coordinator. the operation of the proposed privilege grants to a non-Federal entity Proposal Content Guidelines: development, the holder of such rights, the right to utilize, consistent with C– Interested parties should submit one or and how these rights would be acquired BTP purposes, water power head or more proposals explaining in as precise or perfected. storage at and/or operationally in detail as is practicable how the E. Discuss any studies necessary to conjunction with the C–BTP, for non- hydropower potential at each site would adequately define impacts on the C–BTP Federal electric power generation and be developed. Factors which proposals and the environment required by the sale by the entity. Leases of power should consider and address include, development. Describe any significant privilege have terms not to exceed 40 but are not limited to, the following: environmental issues associated with years. The general authority for lease of A. Provide all information relevant to the development and the proposing power privilege under Reclamation law the qualifications of the proposing entity’s approach for gathering relevant includes, among others, the Town Sites entity to plan and implement such a data and resolving such issues to protect and Power Development Act of 1906 (43 project, including, but not limited to, and enhance the quality of the U.S.C. 522) and the Reclamation Project information about preference status, environment. Explain any proposed use Act of 1939 (43 U.S.C. 485h(c)) (1939 type of organization, length of time in of the hydropower development for Act). Congress authorized hydropower business, experience in funding, design conservation and utilization of the development for the C–BTP in Public and construction of similar projects, available water resources in the public Law 95–249. Reclamation will be the industry rating(s) that indicate financial interest. lead Federal agency for ensuring soundness and/or technical and F. Describe anticipated contractual compliance with the National managerial capability, experience of key arrangements with the entity or entities Environmental Policy Act (NEPA) of management personnel, history of any having operation and maintenance any lease of power privilege considered reorganizations or mergers with other responsibility for the C–BTP feature(s) in response to this Notice. Leases of companies, safety record, and any other that are proposed for utilization in the power privilege may be issued only information that demonstrates the hydropower development under when Reclamation, upon completion of interested entity’s organizational, consideration. Define how the the NEPA process, determines that the technical and financial ability to hydropower development would affected hydroelectric power sites are perform all aspects of the work. Include operate in harmony with the C–BTP, not environmentally acceptable. Any lease a discussion of past experience in impact C–BTP operations, existing of power privilege at Carter Lake Dam operating and maintaining similar applicable contracts related to operation Outlet must accommodate existing facilities and provide references as and maintenance of C–BTP feature(s) contractual commitments related to appropriate. The term ‘‘preference that are proposed for utilization in the operation and maintenance of such entity,’’ as applied to a lease of power hydropower development under existing facilities. privilege, means an entity qualifying for consideration, and any other applicable Western would have the first preference under Section 9c of the 1939 water-related contracts. opportunity to purchase and/or market Act, as a municipality, public G. Identify the organizational the power that would be generated corporation or agency, or cooperative or structure planned for the long-term under any lease of power privilege. other nonprofit organization financed in operation and maintenance of any Under this process, Western would whole or in part by loans made pursuant proposed hydropower development. either purchase and market the power as to the Rural Electrification Act of 1936, H. Provide a management plan to Loveland Area Power (LAP) power or as amended. accomplish such activities as planning,
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NEPA compliance, lease of power purchasing and/or marketing In this action the United States, State privilege development, design, considerations. of Washington, Puyallup Tribe of construction, facility testing, and start of In the event Western elects to not Indians and Muckleshoot Indian Tribe hydropower production. Prepare purchase and/or market the power sought natural resource damages for schedules of these activities as generated by the hydropower releases of hazardous substances into applicable. Describe what studies are development or such a decision cannot Commencement Bay, Washington. necessary to accomplish the be made prior to execution of the lease Under the consent decree, defendants hydroelectric power development and of power privilege, the lessee would be will undertake a habitat restoration how the studies would be implemented. responsible for marketing the power project in the Hylebos Waterway of I. Estimate development cost. This generated by the project with priority Commencement Bay and reimburse cost should include all investment costs given to preference entities as heretofore $1,550,000 in natural resource damage such as the cost of studies to determine defined in PROPOSAL CONTENT assessment costs. feasibility, NEPA compliance, design, GUIDELINES, item A. For thirty (30) days after the date of construction, associated bonding and Notice and Time Period to Enter Into this publication, the Department of financing as well as the amortized Lease of Power Privilege: Reclamation Justice will receive comments relating to annual cost of the investment; also, the will notify, in writing, all entities the Consent Decree. Comments should annual operation, maintenance, and submitting proposals of Reclamation’s be addressed to the Assistant Attorney replacement expense for the decision regarding selection of the General, Environment and Natural hydropower development; lease potential lessee. The selected potential Resources Division, and either e-mailed payments to the United States; and lessee will have five years from the date to [email protected] or expenses that may be associated with of such notification to enter into a lease mailed to P.O. Box 7611, U.S. the C–BTP. If there are additional of power privilege for the site or sites Department of Justice, Washington, DC transmission or wheeling expenses identified in the proposal. Such leases 20044–7611. In either case, the associated with the development of the of power privilege will state whether comments should refer to United States, hydropower development, these should and how Western will be involved in et al. v. Occidental Chemical Corp., et be included. Identify proposed methods purchasing and/or marketing the power. al., No. 09–cv–5246, D.J. Ref. No. 90– of financing and hydropower Any excessive delay resulting from 11–2–1049/13. development. An economic analysis compliance with the provisions of During the comment period, the should be presented that compares the Federal environment laws or Consent Decree may be examined on the present worth of all benefits and costs administrative review by a Federal following Department of Justice Web of the hydropower development. agency, pertaining to the project, may site: http://www.usdoj.gov/enrd/ Selection of Lessee: Reclamation will Consent_Decrees.html. A copy of the evaluate proposals received in response extend the five year time period for a period equal to that of the delay. In the Consent Decree may also be obtained by to this published notice. mail from the Consent Decree Library, Reclamation will give more favorable event of litigation related to the proposed project, the five year time P.O. Box 7611, U.S. Department of consideration to proposals that (1) are Justice, Washington, DC 20044–7611, or well-adapted to developing, conserving, period will be extended for a period equal to that of the delay, provided such by faxing or e-mailing a request to Tonia and utilizing the water and natural Fleetwood ([email protected]), resources, (2) clearly demonstrate that litigation was initiated by parties other than the selected potential lessee or its fax no. (202) 514–0097, phone the offeror is qualified to develop the confirmation number (202) 514–1547. In hydropower facility and provide for employees, officers, agents, assigns, shareholders, customers or persons or requesting a copy from the Consent long-term operation and maintenance, Decree Library, please enclose a check and (3) develop the hydropower groups served by or in privity with the potential lessee. in the amount of $24.75 (25 cents per potential economically. A proposal will page reproduction cost) payable to the be deemed unacceptable if it is Dated: April 15, 2009. United States Treasury or, if by e-mail inconsistent with C–BTP purposes, as Michael J. Ryan, or fax, forward a check in that amount determined by Reclamation. Regional Director to the Consent Decree Library at the Reclamation will give preference to [FR Doc. E9–10599 Filed 5–6–09; 8:45 am] stated address. those entities that qualify as preference entities (as defined under PROPOSAL BILLING CODE 4310–MN–P Maureen Katz, CONTENT GUIDELINES, item A.) Assistant Section Chief Environmental provided that their proposal is at least Enforcement Section, Environment and Natural Resources Division. as well-adapted to developing, DEPARTMENT OF JUSTICE conserving, and utilizing the water and [FR Doc. E9–10548 Filed 5–6–09; 8:45 am] natural resources as other submitted Notice of Lodging of Consent Decree BILLING CODE 4410–15–P proposals and that the preference entity Under the Comprehensive is well qualified. Preference entities Environmental Response, would be allowed 90 days to improve Compensation, and Liability Act DEPARTMENT OF JUSTICE their proposals, if necessary, to be made at least equal to a proposal that may Notice is hereby given that on April Antitrust Division have been submitted by a non- 28, 2009, a proposed consent decree in Notice Pursuant to the National preference entity. United States, et al., v. Occidental Cooperative Research and Production Power Purchasing and/or Marketing Chemical Corp., Pioneer Americas, LLC, Act of 1993—American Society of Considerations: Western would have the Mariana Properties, Inc., Detrex Corp., Mechanical Engineers first opportunity to purchase and/or Sound Refining, Inc. and SRI market the power that would be Acquisition Corp., No. 09–cv–5246, was Notice is hereby given that, on April generated by the project under a lease of lodged with the United States District 17, 2009, pursuant to Section 6(a) of the power privilege. Western will consult Court for the Western District of National Cooperative Research and with Reclamation on such power Washington. Production Act of 1993, 15 U.S.C. 4301
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et seq. (‘‘the Act’’), American Society of No other changes have been made in DEPARTMENT OF JUSTICE Mechanical Engineers (‘‘ASME’’) has either the membership or planned filed written notifications activity of the group research project. United States Parole Commission simultaneously with the Attorney Membership in this group research General and the Federal Trade project remains open, and Clean Diesel Public Announcement Pursuant to the Commission disclosing additions or V intends to file additional written Government in the Sunshine Act (Pub. changes to its standards development notifications disclosing all changes in L. 94–409) [5 U.S.C. 552b] activities. The notifications were filed membership. AGENCY HOLDING MEETING: Department for the purpose of extending the Act’s On January 10, 2008, Clean Diesel V of Justice, United States Parole provisions limiting the recovery of filed its original notification pursuant to Commission. antitrust plaintiffs to actual damages Section 6(a) of the Act. The under specified circumstances. DATE AND TIME: 11:30 a.m., Thursday, Department—of Justice published a May 14, 2009. Specifically, since January 12, 2009, notice in the Federal Register pursuant PLACE: U.S. Parole Commission, 5550 ASME has published two new standards to Section 6(b) of the Act on February Friendship Boulevard, 4th Floor, Chevy and initiated eight new standards 25, 2008 (73 FR 10064). activities within the general nature and Chase, Maryland 20815. scope of ASME’s standards The last notification was filed with STATUS: Closed. the Department on February 24, 2009. A development activities, as specified in MATTERS CONSIDERED: The following notice was published in the Federal its original notification. More detail matter will be considered during the Register on April 8, 2009 (74 FR 16011) regarding these changes can be found at closed meeting: http://www.asme.org. Patricia A. Brink, Petitions for reconsideration On September 15, 2004, ASME filed Deputy Director of Operations, Antitrust involving two original jurisdiction cases its original notification pursuant to Division. pursuant to 28 CFR 2.27. Section 6(a) of the Act. The Department [FR Doc. E9–10358 Filed 5–6–09; 8:45 am] AGENCY CONTACT: Thomas W. of Justice published a notice in the BILLING CODE 4410–11–M Hutchison, Chief of Staff, United States Federal Register pursuant to Section Parole Commission, (301) 492–5990. 6(b) of the Act on October 13, 2004 (69 Date: May 4, 2009. FR 60895). DEPARTMENT OF JUSTICE Rockne Chickinell, The last notification was filed with General Counsel, U.S. Parole Commission. the Department on January 14, 2009. A United States Parole Commission [FR Doc. E9–10725 Filed 5–5–09; 4:15 pm] notice was published in the Federal Public Announcement Pursuant to the BILLING CODE 4410–31–P Register pursuant to Section 6(b) of the Government in the Sunshine Act (Pub. Act on February 9, 2009 (74 FR 6420). L. 94–409) [5 U.S.C. 552b] Patricia A. Brink, DEPARTMENT OF LABOR Deputy Director of Operations, Antitrust AGENCY HOLDING MEETING: Department Division. of Justice, United States Parole Office of the Secretary [FR Doc. E9–10357 Filed 5–6–09; 8:45 am] Commission. Submission for OMB Review: BILLING CODE 4410–11–M TIME AND DATE: 10 a.m., Thursday, May Comment Request 14, 2009. May 1, 2009. PLACE: DEPARTMENT OF JUSTICE 5550 Friendship Blvd., Fourth The Department of Labor (DOL) Floor, Chevy Chase, MD 20815. Antitrust Division hereby announces the submission of the STATUS: Open. following public information collection requests (ICR) to the Office of Notice Pursuant to the National MATTERS TO BE CONSIDERED: Cooperative Research and Production Management and Budget (OMB) for Act of 1993—Cooperative Research The following matters have been review and approval in accordance with Group on Clean Diesel V placed on the agenda for the open the Paperwork Reduction Act of 1995 Parole Commission meeting: (Pub. L. 104–13, 44 U.S.C. chapter 35). Notice is hereby given that, on March 1. Approval of Minutes of January A copy of each ICR, with applicable 31, 2009, pursuant to Section 6(a) of the 2009 Quarterly Business Meeting. supporting documentation, including National Cooperative Research and among other things a description of the 2. Reports from the Chairman, Production Act of 1993, 15 U.S.C. 4301 likely respondents, proposed frequency Commissioners, Chief of Staff, and et seq. (the Act), Southwest Research of response, and estimated total burden Section Administrators. Institute—Cooperative Research Group may be obtained from the RegInfo.gov on Clean Diesel V (‘‘Clean Diesel V’’) 3. Statements from organizations on a Web site at http://www.reginfo.gov/ has filed written notifications proposal to apply 1987 guidelines of the public/do/PRAMain or by contacting simultaneously with the Attorney District of Columbia Board of Parole to Darrin King on 202–693–4129 (this is General and the Federal Trade some D.C. offenders. not a toll-free number)/e-mail: _ _ Commission disclosing changes in its AGENCY CONTACT: Thomas W. DOL PRA [email protected]. membership. The notifications were Hutchison, Chief of Staff, United States Interested parties are encouraged to filed for the purpose of extending the Parole Commission, (301) 492–5990. send comments to the Office of Act’s provisions limiting the recovery of Information and Regulatory Affairs, antitrust plaintiffs to actual damages Dated: May 4, 2009. Attn: OMB Desk Officer for the under specified circumstances. Rockne J. Chickinell, Department of Labor—Employee Specifically, Volkswagen Group of General Counsel, U.S. Parole Commission. Benefits Security Administration America, Inc., Auburn Hills, NI has [FR Doc. E9–10722 Filed 5–5–09; 4:15 pm] (EBSA), Office of Management and been added as a party to this venture. BILLING CODE 4410–31–P Budget, Room 10235, Washington, DC
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20503, Telephone: 202–395–7316/Fax: Title of Collection: Disclosures for is important in assisting participants 202–395–6974 (these are not toll-free Participant Directed Individual Account and beneficiaries in understanding their numbers), e-mail: Plans Under ERISA Section 404(c). investment risks and achieving their [email protected] within OMB Control Number: 1210–0090. retirement savings goals. For additional 30 days from the date of this publication Affected Public: Businesses or other information, see related notice in the Federal Register. In order to for-profits. published at Vol. 74 FR 4981 on January ensure the appropriate consideration, Estimated Number of Respondents: 28, 2009. comments should reference the OMB 296,000. Agency: Employee Benefits Security Control Number (see below). Total Estimated Annual Burden Administration. The OMB is particularly interested in Hours: 1,316,000. Type of Review: Extension without Total Estimated Annual Costs Burden comments which: change of a currently approved (excludes hourly wage costs): • Evaluate whether the proposed collection. $63,070,000. Title of Collection: Settlement collection of information is necessary Description: Section 404(c) of the for the proper performance of the Agreements between a Plan and Party in Employee Retirement Income Security Interest. functions of the agency, including Act of 1974 (ERISA) (29 U.S.C. 1104(c)) whether the information will have OMB Control Number: 1210–0091. provides that, if an individual account Affected Public: Businesses or other practical utility; pension plan permits a participant or • Evaluate the accuracy of the for-profits. beneficiary to exercise control over Estimated Number of Respondents: 4. agency’s estimate of the burden of the assets in his or her account and the Total Estimated Annual Burden proposed collection of information, participant or beneficiary in fact Hours: 28. including the validity of the exercises such control (as determined Total Estimated Annual Costs Burden methodology and assumptions used; under regulations of the Department of • (excludes hourly wage costs): $315. Enhance the quality, utility, and Labor), the participant or beneficiary Description: Section 408(a) of the clarity of the information to be shall not be deemed to be a fiduciary by Employee Retirement Income Security collected; and such exercise of control and no person Act of 1974 (ERISA) and section • Minimize the burden of the otherwise a fiduciary to the plan shall 4975(c)(2) of the Internal Revenue Code collection of information on those who be liable for any loss or breach that of 1986 (the Code) give the Secretary of are to respond, including through the results solely from this exercise of Labor the authority to grant an use of appropriate automated, control. For additional information, see exemption to a class or order of electronic, mechanical, or other related notice published at Vol. 74 FR fiduciaries, disqualified persons, or technological collection techniques or 4980 on January 28, 2009. transactions from all or part of the other forms of information technology, The Department of Labor’s regulation restrictions imposed by sections 406 e.g., permitting electronic submission of under section 404(c), codified at 29 CFR and 407(a) of ERISA and from the taxes responses. 2550.404c–1, describes the imposed by sections 4975(a) and (b) of Agency: Employee Benefits Security circumstances in which a participant or the Code, by reason of section 4975(c)(1) Administration. beneficiary in an individual account of the Code. Type of Review: Extension without plan is considered to have exercised This information collection request change of a currently approved control over the assets in his or her (ICR) relates to two prohibited collection. individual account so as to relieve a transaction class exemptions (PTEs) that Title of Collection: ERISA Procedure fiduciary to the plan of liability relating the Department of Labor (the 76–1; Advisory Opinion Procedure. to the exercise of control. The regulation Department) has granted, both of which OMB Control Number: 1210–0066. specifies the manner in which an involve settlement agreements. These Affected Public: Businesses or other individual account pension plan must two exemptions are described below: for-profits. operate in allowing participants or PTE 94–71. Granted on September 30, Estimated Number of Respondents: beneficiaries to allocate individual 1994, PTE 94–71 exempts from certain 63. account assets among available restrictions of ERISA and certain taxes Total Estimated Annual Burden investment alternatives, such that imposed by the Code, a transaction or Hours: 652. section 404(c) will limit the plan activity that is authorized, prior to the Total Estimated Annual Costs Burden fiduciary’s liability for the investment execution of the transaction or activity, (excludes hourly wage costs): decision. The regulation provides, inter by a settlement agreement resulting $1,425,229. alia, that participants and beneficiaries from an investigation of an employee Description: Information collection must have adequate information on benefit plan conducted by the provisions of Employee Retirement which to base investment decisions. The Department. The following information Income Security Act of 1974 (ERISA) regulation specifies the information that collections are among the conditions for Procedure 76–1 are used by persons a plan must make available before a the exemption: supplying information needed for the participant first makes investment • Written Notice. A party engaging in Department to respond to their request decisions; when that information a settlement agreement arising out of a for an interpretation as to the changes, for example when the available Department investigation must provide applicability of ERISA to a specific set investment options under the plan written notice to the affected of facts and circumstances. The change; and also upon the participant’s participants and beneficiaries of the Department’s responses to such requests and beneficiary’s request. These plan. The notice must contain an are called ‘‘information letters’’ and information collection provisions are objective description of the transaction ‘‘advisory opinions.’’ necessary to ensure that participants or activity, the approximate date on Agency: Employee Benefits Security and beneficiaries are adequately which the transaction will occur, the Administration. informed about investment alternatives address of the regional or district office Type of Review: Extension without available under the plan, their rights, of the Department that negotiated the change of a currently approved and the consequences of their settlement agreement, and a statement collection. investment decisions. Such information informing participants and beneficiaries
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of their right to forward their comments transaction. For additional information, the Department to publish a model of to such office. see related notice published at Vol. 74 the notice required by section 101(f) of • Pre-Approval. A copy of the notice FR 4979 on January 28, 2009. ERISA, as amended, not later than one and a description of the method by Agency: Employee Benefits Security year after the date of enactment of the which it will be distributed must be Administration. PPA. approved in advance by the regional or Type of Review: Extension without Recently, concerns have been district office of the Department that change of a currently approved expressed about the imminent negotiated the settlement. collection. compliance date of the new annual PTE 03–39. Granted on December 31, Title of Collection: Notice of Blackout funding notice requirements, the 2005, PTE 03–39 exempts from certain Period Under ERISA. absence of regulatory guidance from the restrictions of ERISA and certain taxes OMB Control Number: 1210–0122. Department, and the cost and burdens imposed by the Code, transactions Affected Public: Businesses or other attendant to annual funding notice arising out of the settlement of litigation for-profits. compliance efforts prior to the adoption that involve the release of claims against Estimated Number of Respondents: of annual funding notice regulations parties in interest in exchange for 45,218. and the issuance of model annual payment by or on behalf of the party in Total Estimated Annual Burden funding notices by the Department. In interest, provided that certain Hours: 183,342. recognition of the foregoing, on conditions are met, including the Total Estimated Annual Costs Burden February 10, 2009, the Department following information collections: (excludes hourly wage costs): issued a Field Assistance Bulletin 2009– • Written Agreement. The terms of $1,628,760. 1 (the FAB) concerning the disclosure the settlement must be specifically Description: Public Law 107–204 requirements mandated by the PPA, described in a written agreement or amended section 101 of the Employee which provides model notices. The FAB consent decree. Because it is usual and Retirement Income Security Act of 1974 addresses the need for interim guidance customary business practice to reduce to require plan administrators to furnish pending the adoption of regulations or the terms of a settlement agreement to affected participants and beneficiaries of other guidance under section 101(f) of writing, there is no additional burden individual account pension plans with ERISA by providing that pending associated with this requirement. advance written notice of a ‘‘blackout further guidance, the Department will, • Acknowledgement by Fiduciary. period’’ during which their right to as a matter of enforcement policy, treat The fiduciary acting on behalf of the direct or diversify investments or obtain a plan administrator as satisfying the plan must acknowledge in writing that a loan or distributions, may be requirements of section 101(f), if the s/he is a fiduciary with respect to the temporarily suspended. For additional administrator complies with the settlement of the litigation. It is information, see related notice guidance contained in the FAB (and anticipated that this acknowledgement published at Vol. 74 FR 4978 on January appropriately uses a completed model will be included in the written 28, 2009. notice) and has acted in accordance investment management or trustee Agency: Employee Benefits Security with a good faith, reasonable agreement outlining the terms and Administration. interpretation of those requirements conditions of the fiduciary’s retention as Type of Review: Revision of currently with respect to matters not specifically a plan service provider. Therefore, no approved collection. addressed in the FAB. measurable burden is attached to this Title of Collection: Annual Funding The Department is revising its requirement. Notice for Defined Benefit Pension information collection under OMB For additional information, see Plans. Control Number 1210–0126 to reflect related notice published at Vol. 74 FR OMB Control Number: 1210–0126. the issuance of the FAB at this time. For 4977 on January 28, 2009. Affected Public: Businesses or other additional information, see related Agency: Employee Benefits Security for-profits. notices published at Vol. 73 FR 70676 Administration. Estimated Number of Respondents: on November 21, 2008 and 74 FR 7489 Type of Review: Extension without 30,458. on February 17, 2009. change of a currently approved Total Estimated Annual Burden Darrin A. King, collection. Hours: 1,093,173. Title of Collection: Voluntary Total Estimated Annual Costs Burden Departmental Clearance Officer. Fiduciary Correction Program. (excludes hourly wage costs): [FR Doc. E9–10640 Filed 5–6–09; 8:45 am] OMB Control Number: 1210–0118. $21,630,572. BILLING CODE 4510–29–P Affected Public: Businesses or other Description: Public Law 108–218 for-profits. amended section 101(f) of the Employee Estimated Number of Respondents: Retirement Income Security Act of 1974 DEPARTMENT OF LABOR 1,525. (ERISA) to require plan administrators Total Estimated Annual Burden of a defined benefit plan which is a Employment and Training Hours: 6,863. multiemployer plan to each plan year Administration Total Estimated Annual Costs Burden furnish a plan funding notice to each Notice of Determinations Regarding (excludes hourly wage costs): $273,403. plan participant and beneficiary, to each Eligibility To Apply for Worker Description: The Voluntary Fiduciary labor organization representing such Adjustment Assistance and Alternative Correction Program provides a method participants or beneficiaries, to each Trade Adjustment Assistance for voluntary correction of specified employer that has an obligation to types of transactions that violate (or are contribute under the plan, and to the In accordance with Section 223 of the suspected of violating) the prohibited Pension Benefit Guaranty Corporation. Trade Act of 1974, as amended (19 transaction provisions of the Employee In August 2006, section 501(a) of the U.S.C. 2273) the Department of Labor Retirement Income Security Act of 1974 Pension Protection Act of 2006 (PPA) herein presents summaries of and for securing the Department’s expanded the annual notice requirement determinations regarding eligibility to assurance that it will take no further to single-employer defined benefit apply for trade adjustment assistance for action with respect to the corrected plans. Section 501(c) of the PPA directs workers (TA–W) number and alternative
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trade adjustment assistance (ATAA) by eligibility requirements of Section are certified eligible to apply for TAA) (TA–W) number issued during the 222(b) of the Act must be met. of the Trade Act have been met. period of April 20 through April 24, (1) Significant number or proportion None. 2009. of the workers in the workers’ firm or The following certifications have been In order for an affirmative an appropriate subdivision of the firm issued. The requirements of Section determination to be made for workers of have become totally or partially 222(b) (downstream producer for a firm a primary firm and a certification issued separated, or are threatened to become whose workers are certified eligible to regarding eligibility to apply for worker totally or partially separated; apply for TAA based on increased adjustment assistance, each of the group (2) The workers’ firm (or subdivision) imports from or a shift in production to eligibility requirements of Section is a supplier or downstream producer to Mexico or Canada) of the Trade Act 222(a) of the Act must be met. a firm (or subdivision) that employed a have been met. I. Section (a)(2)(A) all of the following group of workers who received a None. must be satisfied: certification of eligibility to apply for A. A significant number or proportion trade adjustment assistance benefits and Affirmative Determinations for Worker of the workers in such workers’ firm, or such supply or production is related to Adjustment Assistance and Alternative an appropriate subdivision of the firm, the article that was the basis for such Trade Adjustment Assistance have become totally or partially certification; and The following certifications have been separated, or are threatened to become (3) either— issued. The date following the company totally or partially separated; (A) The workers’ firm is a supplier name and location of each B. The sales or production, or both, of and the component parts it supplied for determination references the impact such firm or subdivision have decreased the firm (or subdivision) described in date for all workers of such absolutely; and paragraph (2) accounted for at least 20 determination. C. Increased imports of articles like or percent of the production or sales of the The following certifications have been directly competitive with articles workers’ firm; or issued. The requirements of Section produced by such firm or subdivision (B) A loss or business by the workers’ 222(a)(2)(A) (increased imports) and have contributed importantly to such firm with the firm (or subdivision) Section 246(a)(3)(A)(ii) of the Trade Act workers’ separation or threat of described in paragraph (2) contributed have been met. separation and to the decline in sales or importantly to the workers’ separation TA–W–65,228; Carthuplas, Inc., production of such firm or subdivision; or threat of separation. Gaffney, SC: January 7, 2008 or In order for the Division of Trade TA–W–64,526A; North American II. Section (a)(2)(B) both of the Adjustment Assistance to issue a Lighting, Salem, IL Plant, Westaff, following must be satisfied: certification of eligibility to apply for Manpower, & Select, Salem, IL: A. A significant number or proportion Alternative Trade Adjustment November 21, 2007 of the workers in such workers’ firm, or Assistance (ATAA) for older workers, TA–W–64,526B; North American an appropriate subdivision of the firm, the group eligibility requirements of Lighting, Flora, IL Plant, Westaff, have become totally or partially Section 246(a)(3)(A)(ii) of the Trade Act Flora, IL: November 21, 2007 separated, or are threatened to become must be met. TA–W–64,526C; North American totally or partially separated; 1. Whether a significant number of Lighting, Corporate Headquarters, B. There has been a shift in workers in the workers’ firm are 50 Paris, IL: November 21, 2007 production by such workers’ firm or years of age or older. TA–W–64,526; North American subdivision to a foreign country of 2. Whether the workers in the Lighting, Paris, IL Plant, Manpower, articles like or directly competitive with workers’ firm possess skills that are not Select & Trillium, Paris, IL: articles which are produced by such easily transferable. November 21, 2007 firm or subdivision; and 3. The competitive conditions within TA–W–64,702; DESA, LLC, Manpower, C. One of the following must be the workers’ industry (i.e., conditions Inc., Bowling Green, KY: December satisfied: within the industry are adverse). 12, 2007 1. The country to which the workers’ Affirmative Determinations for Worker TA–W–65,527; Alcoa Wenatchee Works, firm has shifted production of the Adjustment Assistance Global Primary Products US articles is a party to a free trade Division, Malaga, WA: March 6, agreement with the United States; The following certifications have been 2008 2. The country to which the workers’ issued. The date following the company TA–W–65,607; The Mazer Corporation, firm has shifted production of the name and location of each Printing Services, At Work articles to a beneficiary country under determination references the impact Temporary Agency, Johnson City, the Andean Trade Preference Act, date for all workers of such TN: March 13, 2008 African Growth and Opportunity Act, or determination. TA–W–65,564; General Motors the Caribbean Basin Economic Recovery The following certifications have been Corporation, Global Purchasing & Act; or issued. The requirements of Section Supply Chain Div., Warren, MI: 3. There has been or is likely to be an 222(a)(2)(A) (increased imports) of the February 12, 2008 increase in imports of articles that are Trade Act have been met. The following certifications have been like or directly competitive with articles None. issued. The requirements of Section which are or were produced by such The following certifications have been 222(a)(2)(B) (shift in production) and firm or subdivision. issued. The requirements of Section Section 246(a)(3)(A)(ii) of the Trade Act Also, in order for an affirmative 222(a)(2)(B) (shift in production) of the have been met. determination to be made for Trade Act have been met. TA–W–65,596; Nortech Systems, secondarily affected workers of a firm None. Bemidji, MN: March 13, 2008 and a certification issued regarding The following certifications have been TA–W–65,637; Continental Sprayers eligibility to apply for worker issued. The requirements of Section International, Continental AFA, St. adjustment assistance, each of the group 222(b) (supplier to a firm whose workers Peters, MO: March 18, 2008
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TA–W–65,702; GM Nameplate, Inc., Because the workers of the firm are Department of Labor, 200 Constitution Washington Division, Seattle, WA: not eligible to apply for TAA, the Avenue, NW., Washington, DC 20210 March 26, 2008 workers cannot be certified eligible for during normal business hours or will be TA–W–65,576; SGL Carbon, LLC, A ATAA. mailed to persons who write to the Subsidiary of SGL Group—The The investigation revealed that above address. Carbon Company, St. Marys, PA: criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) March 11, 2008 (employment decline) have not been Date: April 30, 2009. TA–W–65,608; WestPoint Home, Inc, met. Linda G. Poole Bed Products Division, Abbeville, None. Certifying Officer, Division of Trade AL: March 8, 2009 The investigation revealed that Adjustment Assistance. The following certifications have been criteria (a)(2)(A)(I.B.) (Sales or [FR Doc. E9–10563 Filed 5–6–09; 8:45 am] issued. The requirements of Section production, or both, did not decline) BILLING CODE 4510–FN–P 222(b) (supplier to a firm whose workers and (a)(2)(B)(II.B.) (shift in production are certified eligible to apply for TAA) to a foreign country) have not been met. and Section 246(a)(3)(A)(ii) of the Trade DEPARTMENT OF LABOR Act have been met. TA–W–64,665A; Alcoa Howmet Castings, Plant #5, Whitehall, MI. Employment and Training TA–W–65,257; The Crown Group, TA–W–64,665; Alcoa Howmet Castings, Administration Detroit, MI: January 13, 2008 Thermatch Coatings & Titanium, TA–W–65,600; Isonics Vancouver, Inc., Plant #4, Whitehall, MI. Isonics Corp., Vancouver, WA: [TA–W–65,652] March 11, 2008 The investigation revealed that criteria (a)(2)(A)(I.C.) (increased TA–W–65,656; Commercial Vehicle Aida America Corporation, Dayton, imports) and (a)(2)(B)(II.B.) (shift in Group, Cab Systems Div., OH; Notice of Termination of production to a foreign country) have Vancouver, WA: March 28, 2009 Investigation The following certifications have been not been met. issued. The requirements of Section TA–W–64,561; Nilfisk Advance, Pursuant to Section 221 of the Trade 222(b) (downstream producer for a firm Plymouth Div., Plymouth, MN. Act of 1974, as amended, an TA–W–64,909; American National whose workers are certified eligible to investigation was initiated on March 23, apply for TAA based on increased Rubber, Ceredo, WV. TA–W–65,183; National Bearings 2009 in response to a petition filed by imports from or a shift in production to a company official on behalf of workers Mexico or Canada) and Section company, Lancaster, PA. TA–W–65,191; Rockwell Automation, of Aida America Corporation, Dayton, 246(a)(3)(A)(ii) of the Trade Act have Ohio. been met. Ladysmith, WI. TA–W–65,360; MVP RV, Inc., Moreno TA–W–65,302; Miller Products The petitioner has requested that the Valley, CA. petition be withdrawn. Therefore, the Corporation, Grand Rapids, MI: TA–W–65,383; Plastic Engineering, February 16, 2008 investigation under this petition has Sheboygan, WI. been terminated. Negative Determinations for Alternative TA–W–65,594; Brunswick Bowling and Trade Adjustment Assistance Billiard Corporation, Muskegon, MI. Signed at Washington, DC, this 3rd day of April 2009. The workers’ firm does not produce In the following cases, it has been Linda G. Poole, determined that the requirements of an article as required for certification 246(a)(3)(A)(ii) have not been met for under Section 222 of the Trade Act of Certifying Officer, Division of Trade the reasons specified. 1974. Adjustment Assistance. The Department has determined that TA–W–65,219; Thomasville Furniture [FR Doc. E9–10590 Filed 5–6–09; 8:45 am] criterion (1) of Section 246 has not been Industries, Thomasville Furniture BILLING CODE 4510–FN–P met. The firm does not have a Outlet Store, Hudson, NC. significant number of workers 50 years TA–W–65,529; Active USA/ATC of age or older. Leasing, Pleasant Prairie, WI. DEPARTMENT OF LABOR None. TA–W–65,614; Auto Truck Transportation, Cleveland, NC. Employment and Training The Department has determined that Administration criterion (2) of Section 246 has not been TA–W–65,624; SpringBoard Technology met. Workers at the firm possess skills Corporation, Springfield MA. that are easily transferable. TA–W–65,693; Bergstrom Saturn of Eau [TA–W–65,445] Claire, Bergstrom Corp, Eau Claire, None. WI. ASML, Boise, ID; Notice of Termination The Department has determined that of Investigation criterion (3) of Section 246 has not been The investigation revealed that criteria of Section 222(b)(2) has not been met. Competition conditions within the Pursuant to Section 221 of the Trade workers’ industry are not adverse. met. The workers’ firm (or subdivision) is not a supplier to or a downstream Act of 1974, as amended, an None. producer for a firm whose workers were investigation was initiated on March 2, Negative Determinations for Worker certified eligible to apply for TAA. 2009 in response to a petition filed on Adjustment Assistance and Alternative None. behalf of workers of ASML, Boise, Trade Adjustment Assistance I hereby certify that the Idaho. Workers perform on-site services In the following cases, the aforementioned determinations were in support of semiconductor investigation revealed that the eligibility issued during the period of April 20 manufacturers. criteria for worker adjustment assistance through April 24, 2009. Copies of these The petitioner has requested that the have not been met for the reasons determinations are available for petition be withdrawn. Consequently, specified. inspection in Room N–5428, U.S. the investigation has been terminated.
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Signed at Washington, DC, this 3rd day of DEPARTMENT OF LABOR DEPARTMENT OF LABOR April 2009. Linda G. Poole, Employment and Training Employment and Training Certifying Officer, Division of Trade Administration Administration Adjustment Assistance. [TA–W–65,204] [FR Doc. E9–10580 Filed 5–6–09; 8:45 am] [TA–W–65,466] BILLING CODE 4510–FN–P Daimler Trucks North America/ Conoco-Phillips, Ponca City, OK; Gastonia Components and Logistics Notice of Termination of Investigation Formerly Known as Freightliner LLC/ DEPARTMENT OF LABOR Gastonia Parts and Manufacturing In accordance with Section 221 of the Plant Gastonia, NC; Notice of Employment and Training Trade Act of 1974, as amended, an Termination of Investigation Administration investigation was initiated on March 4, Pursuant to Section 221 of the Trade 2009 in response to a petition filed by Act of 1974, as amended, an an Oklahoma State Workforce Office [TA–W–64,686 ] investigation was initiated on February representative on behalf of workers of 10, 2009 in response to a petition filed Cessna Aircraft, Formerly Columbia Conoco-Phillips, Ponca City, Oklahoma. by three workers on behalf of workers at Aircraft; Bend, OR; Notice of The petitioner has requested that the Daimler Trucks North America/Gastonia Termination of Investigation petition be withdrawn. Consequently, Components and Logistics, formerly known as Freightliner LLC/Gastonia Pursuant to Section 221 of the Trade the investigation has been terminated. Parts and Manufacturing Plant, located Act of 1974, as amended, an Signed in Washington, DC, this 8th day of in Gastonia, North Carolina. investigation was initiated on December April 2009. All of the petitioners are covered by 16, 2008, in response to a petition filed Richard Church, an active certification (TA–W–61,095) by the State of Oregon on behalf of Certifying Officer, Division of Trade which expires on April 13, 2009. workers at Cessna Aircraft, formerly Adjustment Assistance. Consequently, further investigation in Columbia Aircraft, Bend, Oregon. [FR Doc. E9–10583 Filed 5–6–09; 8:45 am] this case would serve no purpose, and The petitioner has requested that the BILLING CODE 4510–FN–P the investigation has been terminated. petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 7th day of April 2009. DEPARTMENT OF LABOR Signed at Washington, DC, this 3rd day of Richard Church, April 2009. Employment and Training Certifying Officer, Division of Trade Elliott S. Kushner, Administration Adjustment Assistance. Certifying Officer, Division of Trade [FR Doc. E9–10571 Filed 5–6–09; 8:45 am] Adjustment Assistance. BILLING CODE 4510–FN–P [TA–W–65,406] [FR Doc. E9–10564 Filed 5–6–09; 8:45 am] BILLING CODE 4510–FN–P Cummins Filtration, Findlay, OH; DEPARTMENT OF LABOR Notice of Termination of Investigation DEPARTMENT OF LABOR Employment and Training In accordance with Section 221 of the Administration Trade Act of 1974, as amended, an Employment and Training [TA–W–65,559] Administration investigation was initiated on February 26, 2009 in response to a petition filed Data Technology, D/B/A Gerber by a representative of UNITE, Chicago [TA–W–65,154] Innovations, Inc., a Gerber Scientific Midwest Regional Joint Board Union, on Company, Wilmington, MA; Notice of CME, LLC; Mt. Pleasant, MI; Notice of behalf of workers of Cummins Termination of Investigation Termination of Investigation Filtration, Findlay, Ohio. Pursuant to Section 221 of the Trade The petitioner has requested that the Act of 1974, as amended, an Pursuant to Section 221 of the Trade petition be withdrawn. Consequently, investigation was initiated on March 11, Act of 1974, as amended, an the investigation has been terminated. investigation was initiated on February 2009 in response to a petition filed by 6, 2009 in response to a worker petition Signed in Washington, DC, this 7th day of a company official on behalf of the filed on behalf of workers of CME, LLC, April 2009. workers at Data Technology d/b/a Mt. Pleasant, Michigan. Richard Church, Gerber Innovations, Inc., a Gerber Certifying Officer, Division of Trade Scientific Company, Wilmington, The petitioners have requested that Massachusetts. the petition be withdrawn. Adjustment Assistance. [FR Doc. E9–10576 Filed 5–6–09; 8:45 am] The petitioner has requested that the Consequently, the investigation has petition be withdrawn. Consequently, been terminated. BILLING CODE 4510–FN–P the investigation has been terminated. Signed at Washington, DC, this 9th day of Signed at Washington, DC, this 25th day of April 2009. March 2009. Richard Church, Richard Church, Certifying Officer, Division of Trade Certifying Officer, Division of Trade Adjustment Assistance. Adjustment Assistance. [FR Doc. E9–10569 Filed 5–6–09; 8:45 am] [FR Doc. E9–10587 Filed 5–6–09; 8:45 am] BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P
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DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR
Employment and Training Employment and Training Employment and Training Administration Administration Administration
[TA–W–65,408] [TA–W–65,378] [TA–W–65,460]
DHL Express; San Francisco, CA; Ethan Allen Operations, Inc.; Beecher Flabeg Corporation; Brackenridge, PA; Notice of Termination of Investigation Falls, VT; Notice of Termination of Notice of Termination of Investigation Investigation Pursuant to Section 221 of the Trade Pursuant to Section 221 of the Trade Act of 1974, as amended, an In accordance with Section 221 of the Act of 1974, as amended, an investigation was initiated on February Trade Act of 1974, as amended, an investigation was initiated on March 3, 26, 2009 in response to a worker investigation was initiated on February 2009 in response to a petition filed by petition filed by a California State 25, 2009 in response to a petition filed the United Steelworkers of America, Workforce official on behalf of workers by a company official on behalf of Local 9445–13 on behalf of workers of of DHL Express, San Francisco, workers of Ethan Allen Operations, Inc., Flabeg Corporation, Brackenridge, California. Beecher Falls, Vermont. Pennsylvania. The petitioner has requested that the The petitioner has requested that the The petitioner has requested that the petition be withdrawn. Consequently, petition be withdrawn. Consequently, petition be withdrawn. Therefore, the the investigation has been terminated. the investigation has been terminated. investigation under this petition has Signed at Washington, DC, this 8th day of Signed in Washington, DC, this 2nd day of been terminated. April 2009. April 2009. Signed at Washington, DC, this 3rd day of Richard Church, Richard Church, April 2009. Certifying Officer, Division of Trade Certifying Officer, Division of Trade Linda G. Poole, Adjustment Assistance. Adjustment Assistance. Certifying Officer, Division of Trade [FR Doc. E9–10578 Filed 5–6–09; 8:45 am] [FR Doc. E9–10562 Filed 5–6–09; 8:45 am] Adjustment Assistance. BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P [FR Doc. E9–10581 Filed 5–6–09; 8:45 am] BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training Employment and Training Administration Administration Employment and Training Administration [TA–W–65,664] [TA–W–65,388; TA–W–65,388A] [TA–W–65,351] Doranco, Inc.; Mansfield, MA; Notice of Findlay Industries, Inc., Findlay, OH; Termination of Investigation Findlay Industries, Inc., Springfield, Ford Motor Company, Dearborn Truck OH; Notice of Termination of Plant, Dearborn, MI; Notice of Pursuant to Section 221 of the Trade Investigation Termination of Investigation Act of 1974, as amended, an investigation was initiated on March 23, Pursuant to Section 221 of the Trade Pursuant to Section 221 of the Trade 2009 in response to a worker petition Act of 1974, as amended, an Act of 1974, as amended, an filed by the Massachusetts Department investigation was initiated on February investigation was initiated on February of Labor and Workforce Development on 26, 2009, in response to petitions filed 24, 2009 in response to a petition filed behalf of workers at Doranco, Inc., by UNITE HERE!, Toledo, Ohio, on by a Michigan state agency Mansfield, Massachusetts. behalf of workers at Findlay Industries, representative on behalf of workers at The petitioner has requested that the Inc., Findlay and Springfield, Ohio. Ford Motor Company, Dearborn Truck petition be withdrawn. Consequently, The petitioner has requested that his Plant, Dearborn, Michigan. The workers the investigation has been terminated. petitions be withdrawn. Consequently, at the subject facility assemble Ford F– 150 pickups. Signed at Washington, DC, this 7th day of the investigation has been terminated. April 2009. Signed at Washington, DC, this 3rd day of The petitioner has requested that the Richard Church, April 2009. petition be withdrawn. Consequently, the investigation has been terminated. Certifying Officer, Division of Trade Elliott S. Kushner Adjustment Assistance. Certifying Officer, Division of Trade Signed in Washington, DC, this 8th day of [FR Doc. E9–10592 Filed 5–6–09; 8:45 am] Adjustment Assistance. April 2009. BILLING CODE 4510–FN–P [FR Doc. E9–10575 Filed 5–6–09; 8:45 am] Richard Church, BILLING CODE 4510–FN–P Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E9–10573 Filed 5–6–09; 8:45 am] BILLING CODE 4510–FN–P
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DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR
Employment and Training Employment and Training Employment and Training Administration Administration Administration [TA–W–65,563] [TA–W–65,317] [TA–W–65,113] MEI LLC, Albany, OR; Notice of Greenkote IPC, St. Louis, MO; Notice Maine Woods Company, Portage Lake, Termination of Investigation of Termination of Investigation ME; Notice of Termination of Pursuant to Section 221 of the Trade Investigation Act of 1974, as amended, an Pursuant to Section 221 of the Trade investigation was initiated on March 11, Act of 1974, as amended, an Pursuant to Section 221 of the Trade 2009 in response to a petition filed on investigation was initiated on February Act of 1974, as amended, an behalf of workers of MEI LLC, Albany, 20, 2009 in response to a worker investigation was initiated on February Oregon. petition filed by the Service Employees’ 4, 2009 in response to a worker petition The petitioners have requested that International Union, Local 1, on behalf filed by a company official on behalf of the petition be withdrawn. of workers at Greenkote IPC, St. Louis, workers of Maine Woods Company, Consequently, the investigation has Missouri. Portage Lake, Maine. been terminated. The petitioner has requested that the The petitioners have requested that Signed at Washington, DC, this 7th day of petition be withdrawn. Consequently, the petition be withdrawn. April 2009. the investigation has been terminated. Consequently, the investigation has Elliott S. Kushner, Signed at Washington, DC, this 8th day of been terminated. Certifying Officer, Division of Trade April 2009. Signed at Washington, DC, this 8th day of Adjustment Assistance. Richard Church, April 2009. [FR Doc. E9–10588 Filed 5–6–09; 8:45 am] BILLING CODE 4510–FN–P Certifying Officer, Division of Trade Elliott S. Kushner, Adjustment Assistance. Certifying Officer, Division of Trade [FR Doc. E9–10572 Filed 5–6–09; 8:45 am] Adjustment Assistance. DEPARTMENT OF LABOR BILLING CODE 4510–FN–P [FR Doc. E9–10567 Filed 5–6–09; 8:45 am] BILLING CODE 4510–FN–P Employment and Training Administration DEPARTMENT OF LABOR [TA–W–65,666] DEPARTMENT OF LABOR Employment and Training Neocork Technologies; Conover, NC; Administration Employment and Training Notice of Termination of Investigation Administration [TA–W–65,170] Pursuant to Section 221 of the Trade [TA–W–65,549] Act of 1974, as amended, an Johnstown Specialty Castings, Inc., investigation was initiated on March 24, Johnstown, PA; Notice of Termination Maverick Tube LLC, D/B/A TEXAS 2009 in response to a petition filed on of Investigation ARAI; Houston, TX; Notice of behalf of workers of Neocork Termination of Investigation Technologies, Conover, North Carolina. Pursuant to Section 221 of the Trade The petitioner has requested that the Act of 1974, as amended, an Pursuant to Section 221 of the Trade petition be withdrawn. Therefore, the investigation was initiated on February Act of 1974, as amended, an investigation under this petition has been terminated. 9, 2009 in response to a petition filed by investigation was initiated on March 11, the United Steelworkers of America, 2009 in response to a petition filed by Signed at Washington, DC, this 3rd day of Local 2362–16, on behalf of workers of a company official on behalf of workers April 2009. Johnstown Specialty Castings, Inc., of Maverick Tube LLC, D/B/A Texas Linda G. Poole, Johnstown, Pennsylvania. Arai, Houston, Texas. Certifying Officer, Division of Trade Adjustment Assistance. The petitioner has requested that the The petitioner has requested that the [FR Doc. E9–10593 Filed 5–6–09; 8:45 am] petition be withdrawn. Therefore, the petition be withdrawn. Consequently, BILLING CODE 4510–FN–P investigation under this petition has the investigation has been terminated. been terminated. Signed at Washington, DC, this 1st day of Signed at Washington, DC, this 6th day of April 2009. DEPARTMENT OF LABOR April 2009. Linda G. Poole, Employment and Training Linda G. Poole, Certifying Officer, Division of Trade Administration Certifying Officer, Division of Trade Adjustment Assistance. Adjustment Assistance. [FR Doc. E9–10585 Filed 5–6–09; 8:45 am] [TA–W–64,859] [FR Doc. E9–10570 Filed 5–6–09; 8:45 am] BILLING CODE 4510–FN–P New Castle E Coating Plus, LLC, New BILLING CODE 4510–FN–P Castle, IN; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January
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12, 2009 in response to a petition filed Ortho Pharmaceutical, a Division of Signed in Washington, DC, this 3rd day of by a company official on behalf of Janssen Ortho, LLC, Manati, Puerto April 2009. workers of New Castle E Coating Plus, Rico. Richard Church, LLC, New Castle, Indiana. The petitioner has requested that the Certifying Officer, Division of Trade The petitioner has requested that the petition be withdrawn. Consequently, Adjustment Assistance. petition be withdrawn. Consequently, the investigation has been terminated. [FR Doc. E9–10582 Filed 5–6–09; 8:45 am] the investigation has been terminated. BILLING CODE 4510–FN–P Signed in Washington, DC, this 8th day of Signed at Washington, DC, this 3rd day of April 2009. April 2009. Richard Church, Richard Church, DEPARTMENT OF LABOR Certifying Officer, Division of Trade Certifying Officer, Division of Trade Adjustment Assistance. Employment and Training Adjustment Assistance. Administration [FR Doc. E9–10565 Filed 5–6–09; 8:45 am] [FR Doc. E9–10584 Filed 5–6–09; 8:45 am] BILLING CODE 4510–FN–P BILLING CODE 4510–FN–P [TA–W–65,032]
Prior Coated Metals, Inc., Allentown, DEPARTMENT OF LABOR DEPARTMENT OF LABOR PA; Notice of Termination of Investigation Employment and Training Employment and Training Administration Administration Pursuant to Section 221 of the Trade Act of 1974, as amended, an [TA–W–65,352] [TA–W–65,663] investigation was initiated on January Orhan North America, Inc.; Rochester 29, 2009, in response to a petition filed Hills, MI; Notice of Termination of Philips Oral Healthcare; Snoqualmie, by United Steel Workers Local 2599 on Investigation WA; Notice of Termination of behalf of workers at Prior Coated Metals, Investigation Inc., Allentown, Pennsylvania. Pursuant to Section 221 of the Trade The petitioner has requested that the Act of 1974, as amended, an Pursuant to Section 221 of the Trade petition be withdrawn. Consequently, investigation was initiated on February Act of 1974, as amended, an the investigation has been terminated. investigation was initiated on March 23, 24, 2009 in response to a worker Signed at Washington, DC, this 2nd day of petition filed by a company official on 2009 in response to a petition filed by April 2009. a company official on behalf of workers behalf of workers of Orhan North Elliott S. Kushner, America, Inc., Rochester Hills, of Philips Oral Healthcare, Snoqualmie, Washington. Certifying Officer, Division of Trade Michigan. Adjustment Assistance. The intent of the petitioner was to The petitioner has requested that the [FR Doc. E9–10367 Filed 5–6–09; 8:45 am] cover workers of the firm in Paris, petition be withdrawn. Consequently, BILLING CODE 4510–FN–P Tennessee. The petitioning group of the investigation has been terminated. workers is covered by an active Signed at Washington, DC, this 6th day of certification (TA–W–65,363), which DEPARTMENT OF LABOR does not expire until April 2, 2011. April 2009. Consequently, further investigation in Elliott S. Kushner, Employment and Training this case would serve no purpose, and Certifying Officer, Division of Trade Administration the investigation has been terminated. Adjustment Assistance. [FR Doc. E9–10591 Filed 5–6–09; 8:45 am] Signed at Washington, DC, this 6th day of [TA–W–65,153] April 2009. BILLING CODE 4510–FN–P Linda G. Poole, Rockwell Automation, Incorporated, Engineered to Order Division, Richland Certifying Officer, Division of Trade DEPARTMENT OF LABOR Adjustment Assistance. Center, WI; Notice of Termination of Investigation [FR Doc. E9–10574 Filed 5–6–09; 8:45 am] Employment and Training BILLING CODE 4510–FN–P Administration Pursuant to Section 221 of the Trade Act of 1974, as amended, an [TA–W–65,465] investigation was initiated on February DEPARTMENT OF LABOR 6, 2009 in response to a petition filed on behalf of workers of Rockwell Employment and Training Pinehurst Manufacturing, Inc.; Automation, Incorporated, Engineered Administration Albemarle, NC; Notice of Termination of Investigation to Order Division, Richland Center, [TA–W–65,486] Wisconsin. In accordance with Section 221 of the The petitioner has requested that the Ortho Pharmaceutical, A Division Of Trade Act of 1974, as amended, an petition be withdrawn. Consequently, Janssen Ortho, LLC, Manati, PR; investigation was initiated on March 4, the investigation has been terminated. Notice of Termination of Investigation 2009 in response to a petition filed by Signed at Washington, DC, this 7th day of In accordance with Section 221 of the a company official on behalf of workers April 2009. Trade Act of 1974, as amended, an of Pinehurst Manufacturing, Inc., Linda G. Poole, investigation was initiated on March 4, Albemarle, North Carolina. Certifying Officer, Division of Trade 2009 in response to a petition filed by The petitioner has requested that the Adjustment Assistance. a Puerto Rico Workforce Office petition be withdrawn. Consequently, [FR Doc. E9–10568 Filed 5–6–09; 8:45 am] representative on behalf of workers of the investigation has been terminated. BILLING CODE 4510–FN–P
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DEPARTMENT OF LABOR DEPARTMENT OF LABOR 5. Who will be required or asked to report: Voluntary reporting by the Employment and Training Employment and Training public and NRC licensees. Administration Administration 6. An estimate of the number of responses: 1,261. [TA–W–65,065] [TA–W–65,435] 7. The estimated number of annual Yazaki North America, Cantor, MI; respondents: 1,261. Trim Masters, Inc., Nicholasville, KY; Notice of Termination of Investigation 8. An estimate of the number of hours Notice of Termination of Investigation needed annually to complete the Pursuant to Section 221 of the Trade requirement or request: 226 hours. (.179 In accordance with Section 221 of the Act of 1974, as amended, an hours per response). Trade Act of 1974, as amended, an investigation was initiated on February 9. An indication of whether Section investigation was initiated on February 2, 2009 in response to a worker petition 3507(d), Public Law 104–13 applies: Not 27, 2009 in response to a petition filed filed on behalf of workers of Yazaki applicable. by a company official on behalf of North America, Cantor, Michigan. 10. Abstract: Voluntary customer workers of Trim Masters, Inc., The petitioners have requested that satisfaction surveys will be used to Nicholasville, Kentucky. the petition be withdrawn. contact users of NRC services and Consequently, the investigation has products to determine their needs, and The petitioner has requested that the been terminated. petition be withdrawn. Consequently, how the Commission can improve its the investigation has been terminated. Signed at Washington, DC, this 3rd day of services and products to better meet April 2009. those needs. In addition, focus groups Signed in Washington, DC, this 3rd day of Richard Church, will be contacted to discuss questions April 2009. Certifying Officer, Division of Trade concerning those services and products. Richard Church, Adjustment Assistance. Results from the surveys will give Certifying Officer, Division of Trade [FR Doc. E9–10566 Filed 5–6–09; 8:45 am] insight into how NRC can make its Adjustment Assistance. BILLING CODE 4510–FN–P services and products cost effective, [FR Doc. E9–10579 Filed 5–6–09; 8:45 am] efficient, and responsive to its customer BILLING CODE 4510–FN–P needs. Each survey will be submitted to OMB for its review. NUCLEAR REGULATORY A copy of the final supporting COMMISSION DEPARTMENT OF LABOR statement may be viewed free of charge at the NRC Public Document Room, One [NRC–2009–0048] Employment and Training White Flint North, 11555 Rockville Administration Agency Information Collection Pike, Room O–1 F23, Rockville, MD Activities: Submission for the Office of 20852. OMB clearance requests are [TA–W–65,641] Management and Budget (OMB) available at the NRC worldwide web Review; Comment Request site: http://www.nrc.gov/public-involve/ United Airlines, Inc.; United Services doc-comment/omb/index.html. The Maintenance Center; San Francisco, AGENCY: U.S. Nuclear Regulatory document will be available on the NRC CA; Notice of Termination of Commission (NRC). home page site for 60 days after the Investigation ACTION: Notice of the OMB review of signature date of this notice. information collection and solicitation Comments and questions should be Pursuant to Section 221 of the Trade of public comment. directed to the OMB reviewer listed Act of 1974, as amended, an below by June 8, 2009. Comments SUMMARY: The NRC has recently investigation was initiated on March 20, received after this date will be submitted to OMB for review the considered if it is practical to do so, but 2009, in response to a worker petition following proposal for the collection of filed by the International Brotherhood of assurance of consideration cannot be information under the provisions of the given to comments received after this Teamsters, Local 986 on behalf of Paperwork Reduction Act of 1995 (44 date. workers at United Airlines, Inc., United U.S.C. Chapter 35). The NRC hereby Desk Officer, Office of Information Services Maintenance Center, San informs potential respondents that an and Regulatory Affairs (3150–0197), Francisco, California. agency may not conduct or sponsor, and NEOB–10202, Office of Management The petitioner has requested that the that a person is not required to respond and Budget, Washington, DC 20503. petition be withdrawn. Consequently, to, a collection of information unless it Comments can also be e-mailed to the investigation has been terminated. displays a current valid OMB control [email protected] or number. Signed at Washington, DC, this 3rd day of submitted by telephone at (202) 395– 1. Type of submission, new, revision, 4638. April 2009. or extension: Extension. Linda G. Poole, The NRC Clearance Officer is Gregory 2. The title of the information Trussell, 301–415–6445. Certifying Officer, Division of Trade collection: ‘‘Generic Customer Adjustment Assistance. Satisfaction Surveys and NRC Form 671, Dated at Rockville, Maryland, this 30th day [FR Doc. E9–10589 Filed 5–6–09; 8:45 am] Request for Review of a Customer of April 2009. For the Nuclear Regulatory Commission. BILLING CODE 4510–FN–P Satisfaction Survey Under Generic Clearance’’. Tremaine Donnell, 3. The form number if applicable: Acting NRC Clearance Officer, Office of NRC Form 671. Information Services. 4. How often the collection is [FR Doc. E9–10618 Filed 5–6–09; 8:45 am] required: On occasion. BILLING CODE 7590–01–P
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NUCLEAR REGULATORY approval of conforming license of the generic determination reflected in COMMISSION amendments. 10 CFR 2.1315, no public comments Following the proposed transaction, with respect to significant hazards [Docket Nos. 50–317 and 50–318; Docket CEG will hold a 50.01% ownership considerations are being solicited, No. 72–8; NRC–2009–0194] interest in CENG through two new notwithstanding the general comment intermediate parent companies which procedures contained in 10 CFR 50.91. Calvert Cliffs Nuclear Power Plant, Inc., will be formed for non-operational The filing of requests for hearing and Calvert Cliffs Nuclear Power Plant, Unit purposes. In addition, an intermediate petitions for leave to intervene, and Nos. 1 and 2; Calvert Cliffs holding company will exist between written comments with regard to the Independent Spent Fuel Storage CENG and CCNPP, LLC. license transfer application, are Installation; Notice of Consideration of No physical changes to the facilities discussed below. Approval of Application Regarding or operational changes are being Within 20 days from the date of Proposed Restructuring and of Direct proposed in the application. The publication of this notice, any person(s) Transfer of Licenses Pursuant to 10 proposed conforming license whose interest may be affected by the CFR 50.80 and 10 CFR 72.50, and of amendment would replace references to Commission’s action on the application Approval of Conforming License Calvert Cliffs Nuclear Power Plants, Inc. may request a hearing and intervention Amendments Pursuant to 10 CFR 50.90 in the license with references to Calvert through the NRC E-filing system. and 10 CFR 72.56 and Opportunity for Cliffs Nuclear Power Plant, LLC, to Requests for a hearing and petitions for a Hearing reflect the proposed direct transfer of leave to intervene should be filed in the licenses. accordance with the Commission’s rules The U.S. Nuclear Regulatory Pursuant to 10 CFR 50.80, no license, of practice set forth in Subpart C ‘‘Rules Commission (NRC, the Commission) is or any right thereunder, shall be of General Applicability: Hearing considering the issuance of an Order transferred, directly or indirectly, Requests, Petitions to Intervene, under 10 CFR 50.80 and 10 CFR 72.50 through transfer of control of the Availability of Documents, Selection of approving the indirect transfer as well license, unless the Commission shall Specific Hearing Procedures, Presiding as the direct transfer of the Renewed give its consent in writing. The Officer Powers, and General Hearing Facility Operating Licenses, Nos. DPR– Commission will approve an Management for NRC Adjudicatory 53 and DPR–69, for the Calvert Cliffs application for the direct transfer of a Hearings,’’ of 10 CFR Part 2. In Nuclear Power Plant, Unit Nos. 1 and 2, license, if the Commission determines particular, such requests and petitions respectively, and Material License No. that the proposed transferee is qualified must comply with the requirements set SNM–2505 for the Calvert Cliffs to hold the license, and that the transfer forth in 10 CFR 2.309. Untimely Independent Spent Fuel Storage is otherwise consistent with applicable requests and petitions may be denied, as Installation (ISFSI), currently held by provisions of law, regulations, and provided in 10 CFR 2.309(c)(1), unless Calvert Cliffs Nuclear Power Plant, Inc. orders issued by the Commission good cause for failure to file on time is (CCNPPI) as owner and licensed pursuant thereto. The Commission will established. In addition, an untimely operator. CCNPPI is owned by approve an application for the indirect request or petition should address the Constellation Energy Nuclear Group, transfer of a license, if the Commission factors that the Commission will also LLC (CENG). CENG is a wholly-owned determines that the proposed consider, in reviewing untimely subsidiary of Constellation Energy underlying transaction, i.e., the requests or petitions, set forth in 10 CFR Group, Inc. (CEG). proposed corporate restructuring, will 2.309(c)(1)(i)–(viii). According to an application dated not affect the qualifications of the All documents filed in NRC January 22, 2009, filed by CENG, on licensee to hold the license, and that the adjudicatory proceedings, including a behalf of CCNPPI, and EDF transfer is otherwise consistent with request for hearing, a petition for leave Development, Inc. (EDF Development), applicable provisions of law, to intervene, any motion or other as supplemented by letters dated regulations, and Orders issued by the document filed in the proceeding prior February 26 and April 8, 2009, the Commission pursuant thereto. to the submission of a request for applicants seek approval pursuant to 10 In connection with the direct license hearing or petition to intervene, and CFR 50.80 and 10 CFR 72.56 of the transfers, before issuance of the documents filed by interested indirect transfer of control of the subject proposed conforming license governmental entities participating licenses held by CCNPPI to the extent amendment, the Commission will have under 10 CFR 2.315(c), must be filed in such would result from certain made findings required by the Atomic accordance with the NRC E-Filing rule, proposed corporate restructuring actions Energy Act of 1954, as amended (the which the NRC promulgated in August in connection with a planned Act), and the Commission’s regulations. 2007 (72 FR 49139). The E-Filing investment by EDF Development As provided in 10 CFR 2.1315, unless process requires participants to submit whereby it would acquire a 49.99% otherwise determined by the and serve documents over the Internet, ownership interest in CENG. EDF Commission with regard to a specific or in some cases to mail copies on Development is a U.S. corporation application, the Commission has electronic storage media. Participants organized under the laws of the State of determined that any amendment to the may not submit paper copies of their Delaware and a wholly owned license of a utilization facility or to the filings unless they seek an exemption in subsidiary of E.D.F. International S.A., a license of an Independent Spent Fuel accordance with the procedures public limited company organized Storage Installation which does no more described below. under the laws of France, which is in than conform the license to reflect the To comply with the procedural turn a wholly owned subsidiary of transfer action involves no significant requirements of E-Filing, at least ten E´ lectricite´ de France S.A., a French hazards consideration and no genuine (10) days prior to the filing deadline, the limited company. Furthermore, the issue as to whether the health and safety petitioner/requestor should contact the application seeks approval of the of the public will be significantly Office of the Secretary by e-mail at proposed direct transfer of licenses held affected. No contrary determination has [email protected], or by by CCNPPI to a new legal entity, Calvert been made with respect to this specific calling (301) 415–1677, to request (1) a Cliffs Nuclear Power Plant, LLC, and license amendment application. In light digital ID certificate, which allows the
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participant (or its counsel or contacted by telephone at 1–866–672– are not subject to the E-filing rule and representative) to digitally sign 7640 or by e-mail at should be submitted to the Secretary, documents and access the E-Submittal [email protected]. U.S. Nuclear Regulatory Commission, server for any proceeding in which it is Participants who believe that they Washington, DC 20555–0001, Attention: participating; and/or (2) creation of an have a good cause for not submitting Rulemakings and Adjudications Staff, electronic docket for the proceeding documents electronically must file an and should cite the publication date and (even in instances in which the exemption request, in accordance with page number of this Federal Register petitioner/requestor (or its counsel or 10 CFR 2.302(g), with their initial paper notice. Comments may also be sent by representative) already holds an NRC- filing requesting authorization to e-mail to issued digital ID certificate). Each continue to submit documents in paper [email protected]. petitioner/requestor will need to format. Such filings must be submitted For further details with respect to this download the Workplace Forms by: (1) First class mail addressed to the license transfer application, see the ViewerTM to access the Electronic Office of the Secretary of the application dated January 22, 2009, Information Exchange (EIE), a Commission, U.S. Nuclear Regulatory available for public inspection at the component of the E-Filing system. The Commission, Washington, DC 20555– Commission’s Public Document Room Workplace Forms ViewerTM is free and 0001, Attention: Rulemaking and (PDR), located at One White Flint North, is available at http://www.nrc.gov/site- Adjudications Staff; or (2) courier, Public File Area O1 F21, 11555 help/e-submittals/install-viewer.html. express mail, or expedited delivery Rockville Pike (first floor), Rockville, Information about applying for a digital service to the Office of the Secretary, Maryland. Publicly available records ID certificate is available on NRC’s Sixteenth Floor, One White Flint North, will be accessible electronically from public Web site at http://www.nrc.gov/ 11555 Rockville Pike, Rockville, the Agency wide Documents Access and site-help/e-submittals/apply- Maryland, 20852, Attention: Management System’s (ADAMS) Public certificates.html. Once a petitioner/ Rulemaking and Adjudications Staff. Electronic Reading Room on the Internet requestor has obtained a digital ID Participants filing a document in this at the NRC Web site, http:// certificate, had a docket created, and manner are responsible for serving the www.nrc.gov/reading-rm/adams.html. downloaded the EIE viewer, it can then document on all other participants. Persons who do not have access to submit a request for hearing or petition Filing is considered complete by first- ADAMS or who encounter problems in for leave to intervene. Submissions class mail as of the time of deposit in accessing the documents located in should be in Portable Document Format the mail, or by courier, express mail, or ADAMS should contact the NRC PDR (PDF) in accordance with NRC guidance expedited delivery service upon Reference staff by telephone at 1–800– available on the NRC public Web site at depositing the document with the 397–4209, or 301–415–4737 or by e-mail http://www.nrc.gov/site-help/e- provider of the service. to [email protected]. Documents submitted in adjudicatory submittals.html. A filing is considered Attorneys for applicants: Daniel F. proceedings will appear in NRC’s complete at the time the filer submits its Stenger, Hogan & Hartson LLP, 555 electronic hearing docket which is documents through EIE. To be timely, Thirteenth Street, NW., Washington, DC available to the public at http:// an electronic filing must be submitted to 20004, tel: 202.637.5691, e-mail: ehd.nrc.gov/EHD_Proceeding/home.asp, the EIE system no later than 11:59 p.m. [email protected] (counsel for unless excluded pursuant to an order of Eastern Time on the due date. Upon CENG); and John E. Matthews, Morgan, the Commission, an Atomic Safety and receipt of a transmission, the E-Filing Lewis, & Bockius, 1111 Pennsylvania Licensing Board, or a Presiding Officer. system time-stamps the document and Ave., NW., Washington, DC 20004, tel. Participants are requested not to include 202.739.5524, e-mail: sends the submitter an e-mail notice personal privacy information, such as confirming receipt of the document. The social security numbers, home [email protected] (counsel EIE system also distributes an e-mail addresses, or home phone numbers in for EDF Development). notice that provides access to the their filings. With respect to copyrighted Dated at Rockville, Maryland, this 28th day document to the NRC Office of the works, except for limited excerpts that of April 2009. General Counsel and any others who serve the purpose of the adjudicatory For the Nuclear Regulatory Commission. have advised the Office of the Secretary filings and would constitute a Fair Use Douglas V. Pickett, that they wish to participate in the application, participants are requested Senior Project Manager, Plant Licensing proceeding, so that the filer need not not to include copyrighted materials in Branch I–1, Division of Operating Reactor serve the documents on those their submissions. Licensing, Office of Nuclear Reactor participants separately. Therefore, The Commission will issue a notice or Regulation. applicants and other participants (or order granting or denying a hearing [FR Doc. E9–10637 Filed 5–6–09; 8:45 am] their counsel or representative) must request or intervention petition, BILLING CODE 7590–01–P apply for and receive a digital ID designating the issues for any hearing certificate before a hearing request/ that will be held and designating the petition to intervene is filed so that they Presiding Officer. A notice granting a NUCLEAR REGULATORY can obtain access to the document via hearing will be published in the Federal COMMISSION the E-Filing system. Register and served on the parties to the [Docket No. 030–10716; NRC–2008–0662] A person filing electronically may hearing. seek assistance through the ‘‘Contact Within 30 days from the date of Notice of Environmental Assessment Us’’ link located on the NRC Web site publication of this notice, persons may and Finding of No Significant Impact at http://www.nrc.gov/site-help/e- submit written comments regarding the Related to the Issuance of a License submittals.html or by calling the NRC license transfer application, as provided Amendment to Byproduct Material technical help line, which is available for in 10 CFR 2.1305. The Commission License No. 24–16273–01, for the between 8:30 a.m. and 8 p.m., Eastern will consider and, if appropriate, Sigma-Aldrich Company, St. Louis, MO Time, Monday through Friday, respond to these comments, but such excluding government holidays. The comments will not otherwise constitute AGENCY: Nuclear Regulatory electronic filing Help Desk can be part of the decisional record. Comments Commission.
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ACTION: Issuance of Environmental ML090850311, respectively). The verification that the building meets the Assessment and Finding of No licensee proposes to decommission the NRC’s unrestricted use dose limits Significant Impact for License Fort Mims Facility to permit the release specified in 10 CFR Part 20, § 20.1402. Amendment. of the site for unrestricted use, as The third phase involves the licensee’s governed by the License Termination decommissioning contractor performing FOR FURTHER INFORMATION CONTACT: Rule (LTR), Subpart E of Title 10 of the soil borings to localize and characterize Mike McCann, Senior Health Physicist, Code of Federal Regulations (CFR) Part the nonfunctional septic tank. The Materials Control, ISFSI, and 20.1402 ‘‘Radiological Criteria for contractor will remove the septic tank if Decommissioning Branch, Division of Unrestricted Use.’’ characterization data determines that Nuclear Materials Safety, Region III, The NRC approved the licensee’s Fort the radiological levels in the soil in and U.S. Nuclear Regulatory Commission, Mims Facility as an approved location around the septic tank are above the 2443 Warrenville Road, Lisle, Illinois of use on November 11, 1974. The NRC NRC unrestricted use limits specified in 60532; telephone: (630) 829–9856. issued license no. 24–16273–01 to NUREG–1757, Vol. 2, Appendix H, SUPPLEMENTARY INFORMATION: Pathfinder Laboratories authorizing the ‘‘Screening Values pCi/g of Common possession of carbon-14 and hydrogen- Radionuclides for Soil Surface I. Introduction 3 for synthesis of labeled compounds for Contamination Levels’’ (ML053260027). The U.S. Nuclear Regulatory commercial distribution at the Fort The final phase is the conduct of the Commission (NRC) is considering the Mims Facility. On July 22, 1987, the final status survey. The licensee projects issuance of an amendment to amend NRC issued Amendment No. 08 to that the total remediation and NRC Byproduct Materials License No. License 24–16273–01, changing the decommissioning time will require 24–16273–01, which is held by The licensee name and ownership of the approximately 12 weeks after the Sigma-Aldrich Company (licensee). The Fort Mims Facility from Pathfinder licensee’s decommissioning contractor issuance of the amendment would Laboratories to Sigma Chemical has mobilized to the site. approve the licensee’s decommissioning Company. NRC License Amendment 15, The licensee’s objective for the plan (DP) (ML083010187), which dated March 13, 2002, changed the decommissioning project, as described describes decommissioning activities name from Sigma Chemical Company to in the DP, is to remediate residual that will be performed at the licensee’s Sigma-Aldrich Company. The licensee contamination in affected buildings or Fort Mims Facility located at 11542 Fort is currently operating under Radioactive any other areas sufficiently to enable Mims Drive, City of Maryland Heights, Materials License Amendment No.16, unrestricted use, while ensuring Missouri (the Facility). with an expiration date of March 31, exposures to occupational workers and The NRC has prepared an 2012. the public during the decommissioning Environmental Assessment (EA) in The Fort Mims Facility is are maintained as low as reasonably support of this proposed action in approximately 3.3 miles east southeast achievable (ALARA). The Sigma- accordance with the requirements of and 16 miles west of the city center of Aldrich Company’s DP proposes to use Title 10, Code of Federal Regulations the city of St. Louis, Missouri. The Derived Concentration Guideline Levels (CFR), Part 51 (10 CFR Part 51). Based population of the cities of Maryland (DCGLs) that are screening values on the EA, the NRC has concluded that Heights and St. Louis are approximately developed by NRC (65 FR 37186, June a Finding of No Significant Impact 26,000 and 356,000, respectively. The 13, 2000) to demonstrate compliance (FONSI) is appropriate with respect to Facility is bordered by Interstates 70 to with the radiological criteria for the proposed action. The amendment the north, 270 to the west, 170 to the unrestricted use in 10 CFR 20.1402. The will be issued to the licensee following east, and 44 to the south. The current 10CFR20.1402 criteria specifies that the the publication of this FONSI and EA in land use in the area is primarily Total Effective Dose Equivalent (TEDE) the Federal Register. industrial and urban components. received by an average member of the Residential use of the Sigma-Aldrich critical group from residual II. Environmental Assessment site in the near future is considered radioactivity can not exceed 25 mrem unlikely due to local zoning restrictions. Identification of Proposed Action per year (mrem/y) and that the residual The facility was constructed in two radioactivity has been reduced to levels On October 22, 2008, the licensee phases beginning in the late 1960s. The that are as low as reasonably achievable notified the NRC that it had Sigma-Aldrich Company expanded the (ALARA). Two radionuclides (carbon-14 permanently ceased operating activities original Pathfinder building in 1981 to and hydrogen-3) were identified as at the Facility, and provided a its current configuration. The only relevant to the decontamination decommissioning plan (DP) effluent discharge points were via a activities at the Fort Mims Facility and (ML083010187) for NRC approval to facility exhaust stack, and a septic tank, site. The areas being released under this authorize decommissioning activities in which was buried under subsequent decommissioning effort will be accordance with the requirements of 10 building additions. The use of the septic surveyed in accordance with the CFR 30.36 (g). The NRC issued a Federal system stopped in July 1981 when the guidance contained in the Multi-Agency Register Notice (FRN), announcing facility was connected to the Saint Louis Radiation Survey and Site Investigation Sigma-Aldrich Company’s license Metropolitan Sewer district. Manual (MARSSIM), NUREG–1575 amendment request, and providing The licensee’s decommissioning (ML082470583). opportunity to request a hearing. 73 FR project will transition through four The licensee established in the DP a 79520 (Dec. 29, 2008). No hearing major phases. The first phase involves commitment to use a lower requests were submitted. the remediation of the Fort Mims administrative dose limit of 10 mrem/y On December 10, 2008, and March 11, building, which will include removal of as the basis for determining the site 2009, after review of the licensee’s DP, all office and laboratory materials and release criteria for decontamination and the NRC staff requested additional equipment, and ventilation and waste decommissioning of the Facility. To information (ML090150318 and disposal systems. The second phase achieve this goal, the licensee ML090770368, respectively), which involves the demolition of the Fort committed to limiting contamination resulted in revisions to the DP, Mims building down to the building levels on building surfaces to (ML090500166, ML083510270, and slab, which won’t occur until approximately forty per cent of the NRC
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default screening values specified in impacts were identified. The staff also Timeliness Rule (10 CFR 30.36), which NUREG–1757, Volume 2, Appendix H. finds that the proposed requires licensees to remove licensed The acceptable screening levels for decommissioning of the Sigma-Aldrich materials onsite during unrestricted release for carbon-14 and Company’s Fort Mims site is in decommissioning of their facilities hydrogen-3, specified in Appendix H compliance with 10 CFR 20.1402, the when licensed activities cease, and to are 3.7 E+6 and 1.2E+8 disintegrations radiological criteria for unrestricted use. request termination of their radioactive per minute per 100 centimeters squared Contamination controls will be materials license. (dpm/100 cm2), respectively. The implemented during decommissioning Conclusion licensee’s administrative limits for to prevent airborne and surface carbon-14 and hydrogen-3 are 1.48 E+6 contamination from escaping the The NRC staff has concluded that the and 4.8 E+7 dpm/100 cm2, respectively remediation work areas, and therefore, proposed action complies with 10 CFR or evaluation and release of surface no release of airborne contamination is Part 20 ‘‘Standards for Protection soils, the licensee provided DCGL anticipated. However, the potential will Against Radiation.’’ Further, the values for carbon-14 and hydrogen-3, exist for generating airborne effluents decommissioning of the Fort Mims the only 2 radionuclides identified as during removal and handling of Facility and site to the DCGLs proposed potential soil contaminants for the Fort contaminated materials. If produced, for this action reduces the residual Mims site. Using the screening analysis any effluents from the proposed contamination levels at the site, approach, the DCGLs for carbon-14 and decommissioning activities would be enabling release of the site for hydrogen-3 were taken directly from treated to meet the requirements in 10 unrestricted use and will allow the Appendix H of NUREG–1757, Vol. 2, CFR Part 20. Radioactive waste (e.g., termination of the radioactive materials Table H.2. The default screening values HEPA filters, metals and concrete license. The NRC does not expect any were 12 and 110 picocuries per gram cuttings, etc.) will be containerized radiologically contaminated effluents to (pCi/g) for carbon-14 and hydrogen-3, onsite pending shipment to a licensed be released during the respectively. As with the building radioactive waste treatment or disposal decommissioning. The occupational surface DCGL values each of the above facility. No liquid effluents are expected doses to decommissioning workers are default surface soil DCGL values to be generated during expected to be low and well within the represents the activity equivalent to a decommissioning. limits of 10 CFR Part 20. No radiation dose of 25 mrem/year. The Sigma-Aldrich Company will use exposure to any member of the public a decommissioning subcontractor to is expected, and public exposure would Need for the Proposed Action perform remediation activities at the therefore, also be less than the The purpose of the proposed action is Facility. The contractor will perform applicable public exposure limits of 10 to reduce residual radioactivity at the these activities under the authority of an CFR Part 20. Sigma-Aldrich Company’s Fort Mims NRC Agreement State license issued by Because the proposed action will not Facility and site to a level that permits the State of Massachusetts significantly impact the quality of the release of the property for unrestricted (Massachusetts Materials License No. human environment, the NRC staff use. The NRC is fulfilling its 56–0543). The Sigma-Aldrich Company concludes that the proposed action is responsibility under the Atomic Energy will oversee the activities and will the preferred alternative. Act to make a decision on a proposed maintain primary responsibility for the Agencies and Persons Consulted action for decommissioning that ensures decommissioning project. The protection of the public health and contractor has developed adequate The NRC staff consulted with the safety and the environment. The radiation protection procedures and Missouri Department of Health and application for license amendment and capabilities and will implement an Senior Services on December 1, 2008, NRC approval is necessary for the acceptable program to keep exposure to regarding review of the DP, and on April licensee to proceed with the radioactive materials ALARA. As noted 15, 2009, regarding this Environmental decommissioning activities as required above, Sigma-Aldrich Company has Assessment (EA) for the license by the timeliness requirements of 10 prepared a DP describing the work to be amendment to authorize CFR 30.36(g). A change to the current performed, and work activities are not decommissioning activities. The State license is necessary, since no anticipated to result in a dose to Department of Health and Senior decommissioning activities are workers or the public in excess of the 10 Services is the State’s Radiation presently authorized. CFR Part 20 limits. NRC’s past Protection Agency, and has been experience with decommissioning routinely informed of NRC’s intention to Environmental Impacts of the Proposed activities at sites similar to the Sigma- approve the completion of Action Aldrich Company site indicate that decommissioning at the Sigma-Aldrich The NRC staff has reviewed the public and worker exposure will be far Company Site. The State informed the decommissioning plan for the Sigma- below the limits in 10 CFR Part 20, NRC on April 15, 2009, that they had no Aldrich Company’s Facility and ‘‘Standards for Protection Against comments on either the Sigma-Aldrich examined the impacts of Radiation.’’ Company DP or EA. decommissioning. Based on its review, The NRC staff consulted with the the staff has determined that the Environmental Impacts of the Missouri Department of Conservation, affected environment and the Alternatives to the Proposed Action Wildlife Division, Endangered Species, environmental impacts associated with The no action alternative would leave on March 5, 2009, (ML090640890) as this decommissioning action are the site in its existing condition without required by Section 7 of the Endangered bounded by the impacts evaluated by decommissioning, which would keep Species Act. The purpose of the call was the ‘‘Generic Environmental Impact the licensed material onsite, without to ensure that the licensing action is Statement in Support of Rulemaking on disposal. This alternative would ‘‘not likely to jeopardize the continued Radiological Criteria for License increase the radiological risk to the local existence of any endangered species or Termination of NRC-Licensed Nuclear community and the environment. This threatened species or result in the Facilities’’ (NUREG–1496). alternative is not acceptable because it destruction or adverse modification of Additionally, no non-radiological will result in violation of NRC’s the habitat of such species.’’ The
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Missouri Wildlife Division staff [email protected]. These documents 10. December 15, 2008, Sigma-Aldrich indicated that based on their review and may also be viewed electronically on Company letter to NRC Region III, knowledge of current documents the public computers located at the ‘‘Subject: Notification of Revised relating to possible endangered species NRC’s PDR, O 1 F21, One White Flint Decommissioning Plan to Incorporate that the decommissioning and release of North, 11555 Rockville Pike, Rockville, Phased Remediation’’ (ML083510270) the Sigma Aldrich Company building MD 20852. The PDR reproduction 11. December 16, 2008, NRC Region located in Maryland Heights, Missouri contractor will copy documents for a III Inspection Report for Sigma-Aldrich as discussed would not affect any fee. Company, ‘‘Subject: Form 591M IR– endangered species. 1. U.S. NRC, ‘‘Consolidated NMSS The NRC staff consulted with the Decommissioning Guidance, 03017016–08–002 on 12/10/08 & 12/11/ Missouri Department of Natural Decommissioning Process for Materials 08, Sigma-Aldrich Company’’ Resources, as required by Section 106 of Licensees,’’ NUREG–1757: (ML083530478) the National Historic Preservation Act. • Volume 1, Decommissioning 12. December 19, 2008, NRC Region The Act requires the NRC to meet Process for Materials Licensees III issued Federal Register Notice, certain requirements in the protection of (ML063000243) ‘‘Subject: Notice of Amendment Request cultural and historical resources. In a • Volume 2, Characterization, Survey, for Decommissioning of the Sigma- March 19, 2009 (ML090860375) letter and Determination of Radiological Aldrich Chemical Company’s Fort Mims from the Department of Natural Criteria (ML053260027) Facility, Maryland Heights, Missouri Resource’s State Historic Preservation • Volume 3, Financial Assurance, and Opportunity to Request a Hearing’’ Office, Director and Deputy State Record Keeping, and Timeliness (ML083430580) Historic Preservation Officer, the State (ML032471471) 13. January 23, 2009, NRC Region III indicated that ‘‘We have reviewed the 2. U.S. NRC, ‘‘Multi-Agency Radiation letter to Sigma-Aldrich Company, information provided concerning the Survey and Site Investigation Manual above referenced project. Based on this (MARSSIM),’’ NUREG–1575, Revision 1, ‘‘Subject: Approval for Sigma-Aldrich review we concur that the Sigma August 2000 (ML082470583) Fort Mims facility to proceed with Soil Aldrich Chemical Company is not 3. October 22, 2008, Letter from Sampling and Analysis Plan under eligible for inclusion in the National Sigma-Aldrich Company to NRC Region authority of Philotechnics license’’ Register of Historic Places. In our III, ‘‘Subject: Timely Notification of (ML090270093) opinion, the property has been Cessation of Licensed Activities and 14. February 6, 2009, Sigma-Aldrich extensively disturbed, and there is little Submittal of Decontamination and Company letter to NRC Region III, potential for the occurrence of Decommissioning Plan’’ (ML083010187) archaeological sites. We concur that ‘‘Subject: Response to Request for 4. October 22, 2008, Document from there will be no historic properties Additional Information Regarding Staff Sigma-Aldrich Company to NRC Region affected and we have no objection to the Review of Decommissioning Plan Dated III, ‘‘Subject: Sigma-Aldrich—Health initiation of project activities.’’ October 22, 2008’’ (ML090500166) Physics and Instrument Operations 15. March 5, 2009, NRC Region III III. Finding of No Significant Impact Procedures—Table of Contents’’ (ML083010203) Telephone Conversation Record with The NRC staff has prepared this EA in State of Missouri Department of support of the proposed action. On the 5. October 22, 2008, Document from Sigma-Aldrich Company to NRC Region Conservation, ‘‘Subject: Consultation basis of this EA, the NRC finds that with State of Missouri Department of there are no significant environmental III, ‘‘Subject: Sigma-Aldrich, Decommissioning Plan Checklist’’ Conservation, Regarding Endangered impacts from the proposed action, and Species’’ (ML090640890) that preparation of an environmental (ML083010210) impact statement is not warranted. 6. October 23, 2008, NRC Region III 16. March 6 & 11, 2009, NRC Region Accordingly, the NRC has determined Inspection Report for Sigma-Aldrich III Telephone Conversation Record with that a Finding of No Significant Impact Company, ‘‘Subject: Form 591M IR Sigma-Aldrich Company, ‘‘Subject: is appropriate. 03010716–08–001 on 10/22–24/2008, Discussion Regarding Request for Sigma-Aldrich Company’’ Additional Information Responses from IV. Further Information (ML083080152) Sigma-Aldrich for Review of Documents related to this action, 7. November 24, 2008, NRC Region III Decommissioning Plan’’ (ML090770368) including the application for license letter to Sigma-Aldrich Company, 17. March 19, 2009, State of Missouri amendment and supporting ‘‘Subject: Acknowledgement of Receipt documentation, are available of DP for the Fort Mims Facility and Department of Natural Resources letter electronically at the NRC’s Electronic Acceptance for Technical Review for to NRC Region III, ‘‘Subject: Completion Reading Room at http://www.nrc.gov/ Amendment to License, Control No. of the Section 106 Review for Sigma- reading-rm/adams.html. From this site, 317645’’ (ML083450660) Aldrich Decommissioning Project by the you can access the NRC’s Agencywide 8. December 10, 2008, NRC Region III State Historic Preservation Office with Documents Access and Management Trip Report and Request for Additional No Findings of Historic Properties System (ADAMS), which provides text Information (RAI) regarding Sigma- Affected’’ (ML090860375) and image files of NRC’s public Aldrich Company, ‘‘Subject: December Dated at Lisle, Illinois, this 28th day of documents. The documents related to 10, 2008, Decommissioning Plan April 2009. License Meeting and NRC RAI’’ this action are listed below, along with For the Nuclear Regulatory Commission. their ADAMS accession numbers. (ML090150318) If you do not have access to ADAMS, 9. December 15, 2008, Sigma-Aldrich William G. Snell, or if there are problems in accessing the Company letter to NRC Region III, Acting Chief, Materials Control, ISFSI, and documents located in ADAMS, contact ‘‘Subject: Request to NRC for Permission Decommissioning Branch, Division of Nuclear the NRC Public Document Room (PDR) to Proceed with the Open Land Soil Materials Safety, Region III. Reference staff at 1–800–397–4209, 301– Sampling and Analysis Plan’’ [FR Doc. E9–10620 Filed 5–6–09; 8:45 am] 415–4737, or by e-mail to (ML083510259) BILLING CODE 7590–01–P
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NUCLEAR REGULATORY provisions for use of fuel rods clad in a initiative, grant exemptions from the COMMISSION material other than zircaloy or requirements of 10 CFR Part 50, when ZIRLOTM. The licensee plans to irradiate (1) the exemptions are authorized by [NRC–2009–0198; Docket No. 50–455] one LTA using fuel rods clad with law, will not present an undue risk to TM Exelon Generation Company, LLC; AXIOM alloy in Byron 2. Because the public health or safety, and are TM Byron Station, Unit No. 2; Exemption material specification of the AXIOM consistent with the common defense alloy differs from the specification for and security; and (2) when special 1.0 Background zircaloy or ZIRLOTM, the licensee circumstances are present. The Exelon Generation Company, LLC requested a plant-specific exemption Commission will not consider granting (Exelon, the licensee) is the holder of from the requirements of 10 CFR 50.46 an exemption unless special Facility Operating License No. NPF–66 and 10 CFR Part 50, Appendix K, to circumstances are present. support the use of the LTA for Byron 2. which authorizes operation of the Byron Authorized by Law Station, Unit No. 2 (Byron 2). The However, as discussed subsequently in Sections 3.0 and 4.0, the NRC staff This exemption would allow the license provides, among other things, determined that a broad exemption from licensee to re-insert one LTA containing that the facility is subject to all rules, all the requirements of 10 CFR 50.46 AXIOMTM fuel rod cladding that is regulations, and orders of the Nuclear and 10 CFR Part 50, Appendix K, is not neither Zircaloy nor ZIRLOTM, which Regulatory Commission (NRC, the required in this particular circumstance. are the cladding materials contemplated Commission) now or hereafter in effect. The licensee plans to use one LTA, by 10 CFR 50.46(a)(1)(i) and by 10 CFR The facility is one unit of a two-unit containing fresh and twice-burned Part 50, Appendix K, paragraph I.A.5. pressurized-water reactor station located AXIOMTM clad fuel rods, in the Byron Selection of a specific cladding material in Ogle County, Illinois. 2 Cycle 16 reactor core. The twice- in 10 CFR 50.46(a)(1)(i) and in 10 CFR 2.0 Request/Action burned AXIOMTM clad fuel rods would Part 50, Appendix K, paragraph I.A.5 continue to be irradiated up to a lead was at the discretion of the Commission Pursuant to Title 10 of the Code of rod average burnup of up to 75,000 consistent with its statutory authority. Federal Regulations (10 CFR), Section megawatt days per metric ton uranium No statute required the NRC to adopt 50.12, ‘‘Specific exemptions,’’ the (MWD/MTU). this specification. As stated above, 10 licensee has, by letter dated March 24, Previously, by letter dated June 30, CFR 50.12 allows the Commission to 2008 (Agencywide Documents Access 2006 (ADAMS Accession No. grant exemptions from the requirements and Management System (ADAMS) ML061380518), the NRC staff approved of 10 CFR Part 50. The NRC staff has Accession No. ML080850235), the irradiation of four LTAs containing determined that granting of an requested an exemption from the AXIOMTM clad fuel rods in the Byron exemption from 10 CFR 50.46(a)(1)(i) requirements of 10 CFR 50.46, Station, Unit No. 1 (Byron 1), Cycle 15 and from 10 CFR Part 50, Appendix K, ‘‘Acceptance criteria for emergency core core. In the same letter, the NRC staff paragraph I.A.5 related to AXIOMTM cooling systems for light-water nuclear also approved the re-insertion of two of fuel rod cladding, which is neither power reactors,’’ and 10 CFR Part 50, the four LTAs into the Byron 1 Cycle 16 Zircaloy nor ZIRLOTM, will not result in Appendix K, ‘‘ECCS Evaluation core and the other two LTAs into the a violation of the Atomic Energy Act of Models,’’ for one lead test assembly Byron 2 Cycle 15 core. Byron 1 is TM 1954, as amended, or the Commission’s (LTA) using Westinghouse AXIOM currently operating in Cycle 16; Byron regulations. Therefore, the exemption is cladding. 2 is currently operating in Cycle 15. authorized by law. Furthermore, the The regulation at 10 CFR 50.46(a)(1)(i) Prior to re-insertion of the LTAs into the NRC staff has determined that, because requires that ‘‘[e]ach boiling or Cycle 16 and Cycle 15 cores, the licensee plans to ensure that the pressurized light-water nuclear power respectively, for the second cycle of acceptance and analytical criteria of 10 reactor fueled with uranium oxide irradiation, the licensee performed post- CFR 50.46 and 10 CFR Part 50, pellets within cylindrical zircaloy or irradiation examination (PIE) for the TM Appendix K are met following the ZIRLO cladding must be provided LTAs. During the spring 2010, Byron 2 insertion of the subject LTA, exemption with an emergency core cooling system refueling outage, the licensee plans to from the remaining requirements of 10 (ECCS) that must be designed so that its perform PIE for the two LTAs, then re- CFR 50.46 and 10 CFR Part 50, calculated cooling performance insert one LTA into the Byron 2 Cycle Appendix K is not required. following postulated loss-of-coolant 16 core to gain high burnup data. The accidents conforms to the criteria set LTA will consist of fresh fuel rods in No Undue Risk to Public Health and forth in paragraph (b) of this section.’’ AXIOMTM cladding along with up to 16 Safety The regulation at 10 CFR 50.46(a)(1)(ii) twice-burned fuel rods in AXIOMTM In its March 24, 2008 letter, the requires that, ‘‘[a]lternatively, an ECCS cladding selected from the irradiated licensee provided technical justification evaluation model may be developed in LTAs. During this third cycle, the twice- to support its conclusion that irradiating conformance with the required and burned fuel rods will reach a peak rod one LTA, containing fresh and twice- acceptable features of appendix K ECCS average burnup of 75,000 MWD/MTU, burned AXIOMTM clad fuel rods, in the Evaluation Models.’’ Appendix K of 10 which exceeds the NRC staff’s burnup Byron 2 Cycle 16 reactor core, up to a CFR Part 50 requires, in paragraph I.A.5, limit of 62,000 MWD/MTU (ADAMS lead rod average burnup of up to 75,000 that ‘‘[t]he rate of energy release, Accession No. ML061420458), based on MWD/MTU would result in no undue hydrogen generation, and cladding the capabilities of the fuel performance risk to public health and safety. The oxidation from the metal/water reaction and design models for Westinghouse licensee’s technical justification and the shall be calculated using the Baker-Just VANTAGE+ fuel, which is used in the NRC staff’s associated conclusions equation (Baker, L., Just, L.C., ‘‘Studies Byron 2 reactor core. follow. of Metal Water Reactions at High Temperatures, III. Experimental and 3.0 Discussion Fuel Mechanical Design Considerations Theoretical Studies of the Zirconium- Pursuant to 10 CFR 50.12, the Prior to Byron 2 Cycle 16, Water Reaction,’’ ANL–6548, page 7, Commission may, upon application by characterization of the twice-burned May 1962).’’ The regulations make no any interested person or upon its own AXIOMTM fuel rods will be performed
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to include an overall visual examination LTAs prior to the second cycle of particular LTA in Cycle 16, offloading and measurements of cladding oxide, irradiation, and the licensee’s plans for time, containment isolation, and fuel rod growth, and diameter profile. PIE and characterization of the twice- mechanical fuel damage due to impact. Prior to irradiating the LTA during burned fuel rods prior to the third cycle AST Methodology Byron 2 Cycle 16, the twice-burned of irradiation, the NRC staff concludes AXIOMTM clad fuel rods will be that it is acceptable to extend the LTA The NRC approved the use of an AST evaluated with current fuel performance burnup limit to a peak rod average of methodology for Byron Station in methods and codes to ensure that all 75,000 MWD/MTU for Byron Unit 2. License Amendment No. 147, dated current design criteria are met for the The Byron 2 reactor core contains a September 8, 2006 (ADAMS Accession projected burnup. The licensee stated total of 193 fuel assemblies; each fuel No. ML062340420). The analyses that if some of the AXIOMTM clad twice- assembly contains 264 fuel rods. As provided by the licensee in support of burned rods scheduled for mentioned previously, the Byron 2 the amendment and approved by the reconstitution exhibit anomalous Cycle 16 LTA, which is the subject of NRC staff used gap release fractions for behavior, have measured characteristics the licensee’s exemption request, will accidents other than the loss-of-coolant of oxide thickness or rod length that are consist of up to 16 twice-burned fuel accident (LOCA), which are two times outside acceptable bounds, or are rods in AXIOMTM cladding with the the values in Table 3 of Regulatory determined incapable of meeting all remainder (and the majority) being fresh Guide (RG) 1.183, ‘‘Alternative current design requirements, those fuel rods in AXIOMTM cladding, and Radiological Source Terms for twice-burned rods will not be used for will be placed in the Cycle 16 reactor Evaluating Design Basis Accidents at reconstitution and will be replaced with core in a non-limiting core location. The Nuclear Power Reactors,’’ July 2000. rods meeting the reload requirements. licensee stated that setting the number The factor of two was used to offset the The licensee also stated that, to ensure of AXIOMTM clad rods at this level fact that some fuel assemblies would that the acceptance criteria of 10 CFR restricts the portion of such rods to a exceed the rod power/burnup criteria in 50.46 and 10 CFR Part 50, Appendix K, value of 0.52 percent, which, even if RG 1.183. For the FHA, all of the fuel are met, the LTA using AXIOMTM failed, is well within the postulated core rods in the limiting assembly were cladding will be evaluated using NRC- damage in the Byron Station’s current assumed to fail, releasing their fuel/clad approved analytical methods and will licensing basis. The licensee also stated gap fission product inventory. The NRC address the changes in the cladding that, even though there have been no staff has previously found this approach TM material properties and that the reload AXIOM clad fuel rod failures in the acceptable in the safety evaluation core containing AXIOMTM cladding will industry to date, if a failure were to accompanying the above-cited continue to be operated in accordance occur, the effects would be well within amendment. the TS limits for doses and core coolable with the operating limits specified in LTA Relative Power the Byron Station Technical geometry would be maintained. Based upon the limited number of AXIOMTM The licensee stated that, due to its Specifications (TS). Based upon the high burnup, the LTA’s relative power limited number of AXIOMTM clad fuel clad fuel rods placed in non-limiting core locations, the use of approved will not approach the 1.7 peaking limit rods, the PIE and characterization which assumed in the Updated Final Safety would detect anomalous behavior, the models and methods, and the acceptable performance to date of the AXIOMTM Analysis Report (UFSAR). The Byron 2 use of NRC-approved models to ensure Cycle 16 reactor core will be designed that all design criteria remain satisfied, cladding, the NRC staff finds that the irradiation of the subject LTA in the such that the LTA will remain in a non- and the requirement to operate the Byron 2 Cycle 16 core will not result in limiting location. Therefore, with more Byron Cycle 16 core within TS limits, unsafe operation nor violation of appropriate relative assembly powers the NRC staff finds the LTA mechanical specified acceptable fuel design limits. credited for both the LTA and other design acceptable for Byron 2 Cycle 16. Furthermore, in the event of a design- potentially-impacted assemblies, the Traditionally, the NRC staff had two basis accident, these LTAs will not calculated dose would decrease. criteria for LTA programs: (1) The promote consequences beyond those Although relative assembly powers are number of LTAs should be limited, and currently analyzed, as discussed next. not generally credited in design-basis (2) the core locations of LTAs should be accident (DBA) radiological non-limiting (i.e., not in the highest Dose Analyses Considerations for consequences analyses, the NRC staff Extended Burnup power regions). In 2003, the NRC staff finds that the specific situation endorsed the concept of locating LTAs The licensee stated in its March 24, described above does show that next to the highest power or high-duty 2008 letter, that the assessment conservatism exists in the current regions for simulating typical reactor contained in Westinghouse Topical licensing basis FHA analysis when operations. By letters dated January 8 Report WCAP–12610–P–A, ‘‘VANTAGE compared to the expected impact of and August 29, 2003 (ADAMS + Fuel Assembly Reference Core dropping the extended burnup LTA. Accession Nos. ML030070476 and Report,’’ April 1995, concluded that the ML032410054, respectively), the NRC fuel-handling accident (FHA) total Offloading Time staff approved Westinghouse Topical effective dose equivalent doses are not The licensee stated that, although the Report WCAP–15604–NP, Revision 1, adversely affected by extended burnup FHA calculation assumes that core ‘‘Limited Scope High Burnup Lead Test up to 75,000 MWD/MTU. However, the offload begins no sooner than 48 hours Assemblies,’’ which provides the basis licensee recognized that there is after shutdown, in practice, core offload and guidelines for the operation of a uncertainty in fission product gap typically commences much later than 48 limited number of LTAs for a high inventory, due to the limited fission gas hours after entry into Mode 3. However, burnup irradiation program. Based on release measurements on high burnup because the licensee did not provide the licensee’s planned LTA program, the fuel, and provided a discussion of the supporting documentation on how it NRC staff considers that the burnup conservatisms in the Byron FHA dose would assure the expected >48 hours to extension is consistent with the calculation. These included use of the start core offload (i.e., TS, physical approved report. Based on the approved alternative source term (AST) constraints, procedures, etc.), the NRC report, acceptable PIEs for the Byron methodology, the relative power for this staff finds that this conservatism cannot
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be credited as a conservatism related to contributors to accident doses. acceptability of the AXIOMTM cladding this exemption request for the subject Therefore, the NRC staff finds that under LOCA conditions (ADAMS LTA. However, the NRC staff notes that current licensing basis DBA results Accession No. ML061380518). The other conservatisms in the FHA, remain bounding for estimated offsite unique features of the LTAs were discussed previously and below, more and control room operator doses and the evaluated for effects on the LOCA than offset this non-credited core radiation dose limitations of 10 CFR analyses. The results showed that the offload time. 50.67, ‘‘Accident Source term,’’ and 10 LTAs would not adversely affect ECCS CFR Part 50, Appendix A, GDC–19, performance. Because the current LTA Containment Isolation ‘‘Control Room,’’ will not be exceeded. will be located in a non-limiting core In accordance with Byron Station TS The NRC staff finds that the licensee location, the licensee concluded and the 3.9.4, the movement of recently used assumptions, inputs, and methods NRC staff agrees that the LOCA safety irradiated fuel (i.e., fuel that has that are consistent with the conservative analyses will remain bounding for the occupied part of a critical reactor core regulatory requirements and guidance Cycle 16 LTA for Byron 2. Therefore, within the previous 48 hours) requires identified above. Based on the Byron the NRC staff concludes that application that containment integrity be in effect. Station current licensing bases and the of 10 CFR 50.46(a)(1)(i) in this particular Fuel with additional decay can be acceptable conservatisms discussed circumstance is not necessary for the moved without containment integrity or above, the NRC staff finds with licensee to achieve the underlying exhaust filtration. Compensatory reasonable assurance that the licensee’s purpose of the rule. measures to close any openings and estimates of the exclusion area 10 CFR Part 50, Appendix K ensure exhaust is in the proper direction boundary, low-population zone, and within 1 hour after a FHA are required control room doses will continue to Paragraph I.A.5 of Appendix K to 10 procedurally as defense-in-depth comply with the applicable regulatory CFR Part 50 states that ‘‘[t]he rate of measures; however, they are not criteria. Therefore, the proposed energy release, hydrogen generation, credited in the analysis in accordance extension of the fuel rod average burnup and cladding oxidation from the metal/ with RG 1.183. The NRC staff, in its limit for one LTA is acceptable with water reaction shall be calculated using review of the licensee’s AST regard to the radiological consequences the Baker-Just equation.’’ The Baker-Just methodology, has previously found this of postulated DBAs. equation, developed in 1962, presumed approach acceptable and would, the use of zircaloy clad fuel, and thus therefore, apply to movement of the Conclusion did not address AXIOMTM clad fuel for LTA. Based upon the limited number and determining acceptable fuel performance. The underlying intent of Mechanical Fuel Damage Due to Impact anticipated performance of the AXIOMTM clad fuel rods, the use of PIE this portion of Appendix K is to ensure The Byron Station UFSAR analysis and characterization to detect that analysis of fuel response to LOCAs assumes all rods of the dropped anomalous behavior to preclude further is conservatively calculated. Previously, assembly fail. The licensee stated that irradiation damage, and the use of NRC- in its June 30, 2006, exemption for four this is a very conservative assumption approved models to ensure that all Byron LTAs with AXIOMTM clad fuel given the broad spectrum of loads design criteria remain satisfied, the NRC rods (ADAMS Accession No. considered and the resulting high staff finds the use of the subject LTA up ML061380518), the NRC staff concluded structural strength of the fuel assembly to 75,000 MWD/MTU in the Byron 2 that, based on the material composition and other core components. The Cycle 16 reactor core to be acceptable. of the AXIOMTM alloy, which is similar licensee also stated that irradiated fuel to other licensed zirconium alloys, the assembly drop events (e.g., Fort Calhoun Consistent With Common Defense and high temperature metal-water reaction in 2003, North Anna in 2001, and Security rates are expected to be similar. The Haddam Neck in 1986) have also The proposed exemption would allow NRC staff also concluded that, because yielded no increase in local area dose the use of one LTA with a variant of the limited number of AXIOMTM clad rates. The NRC staff concludes that the cladding material. This change to the fuel rods and the similarity in material amount of assumed fuel damage in the plant core configuration has no impact composition to other advanced cladding current licensing basis is conservative on security issues. Special nuclear materials, the application of the Baker- based on fuel mechanical design and material in the LTA will continue to be Just equation in the analysis of the four actual industry experience, even if the handled and controlled in accordance Byron LTAs with AXIOMTM clad fuel FHA were to involve the subject LTA. with applicable regulations. Therefore, rods was acceptable. Based on the NRC The NRC staff finds that the the common defense and security is not staff’s previous conclusions for four conservatisms associated with the AST impacted by this exemption. LTAs with AXIOMTM clad fuel rods, the analysis, LTA relative power, NRC staff concludes that an exemption compensatory measures during Special Circumstances from 10 CFR Part 50, Appendix K, as irradiated fuel movement, and FHA fuel In accordance with 10 CFR requested by the licensee, is not damage assumptions compensate for the 50.12(a)(2)(ii), special circumstances are necessary for the licensee’s request to uncertainties in the gap fractions. present whenever application of the apply the Baker-Just equation to the one Therefore, the fission product gap regulation in the particular LTA with AXIOMTM clad fuel rods inventory assumed in the current circumstances would not serve the planned for insertion in the Byron 2 licensing basis FHA radiological underlying purpose of the rule or is not Cycle 16 reactor core, because assessment remains bounding for the necessary to achieve the underlying application of the Baker-Just equation in extended burnup LTA. purpose of the rule. this circumstance will achieve the For other DBAs, even though The underlying purpose of 10 CFR underlying purpose of the rule. extended burnup to 75,000 MWD/MTU 50.46(a)(1)(i) is to establish acceptance for the one LTA would cause a variation criteria for ECCS performance. 4.0 Conclusion in the core inventory compared to the Previously, on June 30, 2006, the NRC Accordingly, the Commission has current fuel, there are no significant staff approved an exemption for four determined that, pursuant to 10 CFR increases to isotopes that are major Byron LTAs that demonstrated the 50.12(a), an exemption from the
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requirements of 10 CFR 50.46(a)(1)(i) is Dated at Rockville, Maryland, this 30th day Commission, Washington, DC 20555; authorized by law, will not present an of April 2009. the Secretary, U.S. Nuclear Regulatory undue risk to the public health and For the Nuclear Regulatory Commission. Commission, Washington, DC 20555; safety, and is consistent with the Joseph Giitter, and the Executive Secretary, U.S. common defense and security. Also, Director, Division of Operating Reactor Department of State, Washington, DC special circumstances are present. Licensing, Office of Nuclear Reactor 20520. Therefore, the Commission hereby Regulation. A request for a hearing or petition for grants the licensee an exemption from [FR Doc. E9–10619 Filed 5–6–09; 8:45 am] leave to intervene may be filed with the the requirement of 10 CFR 46(a)(1)(i) BILLING CODE 7590–01–P NRC electronically in accordance with related to fuel cladding material to NRC’s E–Filing rule promulgated in allow one LTA containing AXIOMTM August 2007, 72 FR 49139 (Aug. 28, NUCLEAR REGULATORY clad fuel rods to be irradiated in Byron 2007). Information about filing COMMISSION 2 during Cycle 16 up to a lead rod electronically is available on the NRC’s average burnup of up to 75,000 MWD/ Request To Amend a License for the public Web site at http://www.nrc.gov/ MTU. The remaining requirements of 10 Export of Radioactive Waste site-help/e-submittals.html. To ensure CFR 50.46 remain in effect for the Byron timely electronic filing, at least 5 (five) 2 Cycle 16 reactor core. Pursuant to 10 CFR 110.70(b) ‘‘Public days prior to the filing deadline, the Furthermore, for the reasons stated in Notice of Receipt of an Application,’’ petitioner/requestor should contact the the previous section, the Commission please take notice that the Nuclear Office of the Secretary by e-mail at has determined that an exemption from Regulatory Commission (NRC) has [email protected], or by the requirements of 10 CFR Part 50, received the following request to amend calling (301) 415–1677, to request a Appendix K, is not required. Therefore, an export license. Copies of the request digital ID certificate and allow for the the Commission is not issuing an are available electronically through creation of an electronic docket. ADAMS and can be accessed through exemption from 10 CFR Part 50, In addition to a request for hearing or the Public Electronic Reading Room Appendix K for the Byron 2 Cycle 16 petition for leave to intervene, written reactor core. (PERR) link http://www.nrc.gov/reading- rm.html at the NRC Homepage. comments, in accordance with 10 CFR Pursuant to 10 CFR 51.32, the A request for a hearing or petition for 110.81, should be submitted within Commission has determined that the leave to intervene may be filed within thirty (30) days after publication of this granting of the exemption from 10 CFR thirty days after publication of this notice in the Federal Register to the 46(a)(1)(i) will not have a significant notice in the Federal Register. Any Office of the Secretary, U.S. Nuclear effect on the quality of the human request for hearing or petition for leave Regulatory Commission, Washington, environment (74 FR 20000; April 30, to intervene shall be served by the DC 20555, Attention: Rulemaking and 2009). requestor or petitioner upon the Adjudications. This exemption is effective upon applicant, the Office of the General The information concerning the issuance. Counsel, U.S. Nuclear Regulatory application follows.
NRC APPLICATION TO AMEND LICENSE FOR THE EXPORT OF RADIOACTIVE WASTE
Name of Description of material Applicant, date of Application, End use Recipient date received, Material type Total quantity country application No., docket No.
Diversified Scientific Services, Class A radioactive mixed License to be amended to: Return of non-conforming Canada. Inc. (DSSI), February 26, waste. (1) Extend the expiration waste and/or waste result- 2009, February 27, 2009, date from 03/31/09 to 12/ ing from processing mate- XW008/03, 11005323. 31/13; and (2) add author- rials imported to AECL for ization to export any waste appropriate disposition. generated as a result of processing materials im- ported from Atomic Energy of Canada, Limited (AECL) under IW012, as amended.
For the Nuclear Regulatory Commission. OFFICE OF THE UNITED STATES SUMMARY: The Office of the United Dated this 30th day of April 2009 at TRADE REPRESENTATIVE States Trade Representative (‘‘USTR’’) is Rockville, Maryland. providing notice that on April 17, 2009, Scott W. Moore, [Docket No. WTO/DS392/1] the People’s Republic of China Deputy Director, Office of International (‘‘China’’) requested consultations with WTO Dispute Settlement Proceeding Programs. the United States under the Marrakesh Regarding United States—Certain [FR Doc. E9–10610 Filed 5–6–09; 8:45 am] Agreement Establishing the World Trade Measures Affecting Imports of Poultry Organization (‘‘WTO Agreement’’) with BILLING CODE 7590–01–P From China respect to certain measures affecting the AGENCY: Office of the United States import of poultry products from China Trade Representative. into the United States. That request may be found at www.wto.org contained in a ACTION: Notice; request for comments. document designated as WT/DS392/1.
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USTR invites written comments from alleges that by imposing this restriction the docket and open to public the public concerning the issues raised with respect to imports from China, but inspection. in this dispute. not those of other WTO Members, the Information or advice contained in a DATES: Although USTR will accept any United States acts inconsistently with comment submitted, other than business comments received during the course of Article I:1 of the GATT 1994. confidential information, may be the dispute settlement proceedings, Public Comment: Requirements for determined by USTR to be confidential comments should be submitted on or Submissions in accordance with section 135(g)(2) of before June 5 to be assured of timely the Trade Act of 1974 (19 U.S.C. consideration by USTR. Interested persons are invited to 2155(g)(2)). If the submitter believes that ADDRESSES: Public comments should be submit written comments concerning information or advice may qualify as submitted electronically to http:// the issues raised in this dispute. Persons such, the submitter— www.regulations.gov, docket number may submit public comments USTR–2009–0014. If you are unable to electronically to http:// (1) Must clearly so designate the provide submissions by http:// www.regulations.gov docket number information or advice; www.regulations.gov, please contact USTR–2009–0014. If you are unable to (2) Must clearly mark the material as Sandy McKinzy at (202) 395–9483 to provide submissions by http:// ‘‘SUBMITTED IN CONFIDENCE’’ at the www.regulations.gov, please contact arrange for an alternative method of top and bottom of the cover page and Sandy McKinzy at (202) 395–9483 to transmission. If (as explained below) the each succeeding page; and comment contains confidential arrange for an alternative method of information, then the comment should transmission. (3) Must provide a non-confidential be submitted by fax only to Sandy To submit comments via http:// summary of the information or advice. McKinzy at (202) 395–3640. www.regulations.gov, enter docket Any comment containing confidential FOR FURTHER INFORMATION CONTACT: number USTR–2009–0014 on the home information must be submitted by fax. A David Yocis, Associate General Counsel, page and click ‘‘go’’. The site will non-confidential summary of the Office of the United States Trade provide a search-results page listing all confidential information must be Representative, 600 17th Street, NW., documents associated with this docket. submitted to http:// Washington, DC 20508, (202) 395–9663. Find a reference to this notice by www.regulations.gov. The non- SUPPLEMENTARY INFORMATION: USTR is selecting ‘‘Notice’’ under ‘‘Document confidential summary will be placed in providing notice that consultations have Type’’ on the left side of the search- the docket and open to public been requested pursuant to the WTO results page, and click on the link inspection. Understanding on Rules and Procedures entitled ‘‘Send a Comment or Submission.’’ (For further information USTR will maintain a docket on this Governing the Settlement of Disputes dispute settlement proceeding, (‘‘DSU’’). If such consultations should on using the http://www.regulations.gov accessible to the public. The public file fail to resolve the matter and a dispute Web site, please consult the resources will include non-confidential comments settlement panel is established pursuant provided on the Web site by clicking on to the DSU, such panel, which would ‘‘How to Use This Site’’ on the left side received by USTR from the public with hold its meetings in Geneva, of the home page.) respect to the dispute; if a dispute Switzerland, would be expected to issue The http://www.regulations.gov site settlement panel is convened or in the a report on its findings and provides the option of providing event of an appeal from such a panel, recommendations within nine months comments by filling in a ‘‘General the U.S. submissions, any non- after it is established. Comments’’ field, or by attaching a confidential submissions, or non- document. It is expected that most confidential summaries of submissions, Major Issues Raised by China comments will be provided in an received from other participants in the On April 17, 2009, China requested attached document. If a document is dispute; the report of the panel; and, if consultations regarding section 727 of attached, it is sufficient to type ‘‘See applicable, the report of the Appellate the Omnibus Appropriations Act, 2009 attached’’ in the ‘‘General Comments’’ Body. (Pub. L. 111–8), which prohibits the use field. Comments will be placed in the of funds appropriated under that Act A person requesting that information docket and open to public inspection from being used to establish or contained in a comment submitted by implement a rule allowing poultry that person be treated as confidential pursuant to 15 CFR 2006.13, except products to be imported into the United business information must certify that confidential business information States from China. According to China, such information is business exempt from public inspection in section 727 effectively prohibits the U.S. confidential and would not customarily accordance with 15 CFR 2006.15 or Department of Agriculture from be released to the public by the information determined by USTR to be establishing or implementing measures submitter. Confidential business confidential in accordance with 19 allowing for the importation from China information must be clearly designated U.S.C. 2155(g)(2). Comments open to of poultry products or taking actions to as such and the submission must be public inspection may be viewed on the expand the class of poultry products marked ‘‘BUSINESS CONFIDENTIAL’’ http://www.regulations.gov Web site. from China eligible for import into the at the top and bottom of the cover page Daniel Brinza, United States. China alleges that, by and each succeeding page. Any precluding the use of funds to enable comment containing business Assistant United States Trade Representative imports from China of poultry products, confidential information must be for Monitoring and Enforcement. the United States maintains a submitted by fax to Sandy McKinzy at [FR Doc. E9–10623 Filed 5–6–09; 8:45 am] quantitative restriction in breach of (202) 395–3640. A non-confidential BILLING CODE 3190–W9–P Article XI:1 of the General Agreement summary of the confidential on Tariffs and Trade 1994 (‘‘GATT information must be submitted to 1994’’) and Article 4.2 of the Agreement http://www.regulations.gov. The non- on Agriculture. In addition, China confidential summary will be placed in
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SECURITIES AND EXCHANGE of investor confidence, the Commission will post all comments on the COMMISSION is evaluating the issue of short sale price Commission’s Internet Web site (http:// test restrictions and short sale circuit www.sec.gov). Comments are also [File No. 500–1] breakers. On April 8, 2009, the available for public inspection and Harvard Industries, Inc., HealthCor Commission unanimously voted to copying in the Commission’s Public Holdings, Inc., and Helm Capital propose two new approaches to short Reference Room, 100 F Street, NE., Group, Inc. Order of Suspension of selling regulation. The first approach Washington, DC 20549, on official Trading proposes two permanent market-wide business days between the hours of 10 short sale price test restrictions. The a.m. and 3 p.m. All comments received May 5, 2009. second approach proposes three circuit will be posted without change; we do It appears to the Securities and breaker rules that, when triggered by a not edit personal identifying Exchange Commission that there is a significant intraday decline in a information from submissions. You lack of current and accurate information security’s price, would impose either a should submit only information that concerning the securities of Harvard temporary halt on short selling of an you wish to make available publicly. Industries, Inc. because it has not filed individual security, or a temporary price FOR FURTHER INFORMATION CONTACT: The any periodic reports since it filed a test restriction. Division of Trading and Markets, at Form 10–Q for the period ended June The proposing release is available on (202) 551–5720, Securities and 30, 2001. the Commission’s Internet Web site at Exchange Commission, 100 F Street, It appears to the Securities and http://www.sec.gov/rules/proposed/ NE., Washington DC 20549–7561. Exchange Commission that there is a 2009/34–59748.pdf. The Commission SUPPLEMENTARY INFORMATION: On April lack of current and accurate information will host a roundtable to discuss the 8, 2009, the Commission proposed concerning the securities of HealthCor effectiveness and impact of short sale amendments to Rule 201 of Regulation Holdings, Inc. because it has not filed price test restrictions generally, as well SHO under the Securities Exchange Act any periodic reports since it filed a as the proposed regulatory alternatives. of 1934. The proposed amendments Form 10–Q for the period ended March The roundtable discussion will be held would permanently place restrictions on 31, 1999. in the auditorium of the Securities and the prices at which NMS stocks may be It appears to the Securities and Exchange Commission headquarters at sold short (‘‘short sale price tests’’ or Exchange Commission that there is a 100 F Street, NE., in Washington, DC on ‘‘short sale price test restrictions’’) or lack of current and accurate information May 5, 2009 from 10 a.m. to would impose temporary limitations on concerning the securities of Helm approximately 3:30 p.m. The public is short selling in a particular NMS stock Capital Group, Inc. because it has not invited to observe the roundtable during a specified market decline in the filed any periodic reports since it filed discussion. Seating will be available on price of that security (‘‘proposed circuit a Form 10–QSB for the period ended a first-come, first-served basis. The breaker rules’’). In connection with the September 30, 2000. roundtable discussion also will be proposed short sale price tests and the The Commission is of the opinion that available via webcast on the proposed circuit breaker rules, the the public interest and the protection of Commission’s Web site at http:// Commission also proposed to amend investors require a suspension of trading www.sec.gov. Regulation SHO to require that a broker- in the securities of the above-listed DATES: The roundtable discussion will dealer mark a sell order ‘‘short exempt’’ companies. take place on May 5, 2009. The if the seller is relying on an exception Therefore, it is ordered, pursuant to Commission will accept comments to a proposed short sale price test Section 12(k) of the Securities Exchange regarding issues addressed in the restriction or a proposed circuit breaker Act of 1934, that trading in the roundtable discussion and otherwise rule. securities of the above-listed companies regarding the proposed rule The proposed amendments would is suspended for the period from amendments until June 19, 2009. come almost two years after the 9:30 a.m. EDT on May 5, 2009, through ADDRESSES: Comments may be Commission eliminated all short sale 11:59 p.m. EDT on May 18, 2009. submitted by any of the following price test restrictions in July 2007. Prior By the Commission. methods: to removing short sale price test Jill M. Peterson, restrictions, the Commission reviewed Electronic Comments Assistant Secretary. the issue extensively, sought public • [FR Doc. E9–10716 Filed 5–5–09; 4:15 pm] Use the Commission’s Internet comment and directed staff study and BILLING CODE 8010–01–P comment form (http://www.sec.gov/ empirical analysis on the market impact news/press.shtml); or of short sale price test restrictions over • Send an e-mail to rule- a period of several years. SECURITIES AND EXCHANGE [email protected]. Please include File As the current financial crisis has COMMISSION Number 4–581 on the subject line. continued to erode investor confidence, the Commission has received requests Paper Comments [Release No. 34–59855; File No. 4–581] from many commenters to consider • Send paper comments in triplicate imposing restrictions with regard to Roundtable on Short Selling Price Test to Elizabeth M. Murphy, Secretary, short selling, in particular to reinstate Restrictions and Short Sale Circuit Securities and Exchange Commission, some form of short sale price test Breakers 100 F Street, NE., Washington, DC restrictions. Due to the extreme current AGENCY: Securities and Exchange 20549–1090. market conditions, the Commission Commission. All submissions should refer to File believes it is appropriate at this time to ACTION: Notice of roundtable discussion; Number 4–581. This file number should examine and seek comment on whether request for comment. be included on the subject line if e-mail to impose a short sale price test or a is used. To help us process and review short sale circuit breaker rule. The May SUMMARY: In light of current instability your comments more efficiently, please 5, 2009 roundtable will help ensure that in the financial markets and the erosion use only one method. The Commission any policy decisions the Commission
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makes based on these proposals is the at http:// Exchange proposes to implement this product of a highly deliberate nasdaqomxphlx.cchwallstreet.com/ fee to cover increasing costs associated evaluation process. NASDAQOMXPHLX/Filings/, at the with the trading floor. Dated: May 1, 2009. principal office of the Exchange, and at The Exchange proposes to eliminate By the Commission. the Commission’s Public Reference the Trading Post with Kiosk fee of $375. Room. Elizabeth M. Murphy, The kiosk is an open, flat surface that contains computer terminals and allows Secretary. II. Self-Regulatory Organization’s Statement of the Purpose of, and specialists to face the trading crowd. [FR Doc. E9–10483 Filed 5–6–09; 8:45 am] The fee is currently imposed on BILLING CODE 8010–01–P Statutory Basis for, the Proposed Rule Change specialists with a trading post with kiosk on the trading floor. Instead, the In its filing with the Commission, the Exchange proposes to adopt a Specialist SECURITIES AND EXCHANGE Exchange included statements COMMISSION Post fee which would vary with the size concerning the purpose of and basis for of the post. Specialists would be [Release No. 34–59852; File No. SR–Phlx– the proposed rule change and discussed assessed a Specialist Post fee of $1,125 2009–39] any comments it received on the per month for a quarter post and $4,500 proposed rule change. The text of these per month for a full post with a Self-Regulatory Organizations; Notice statements may be examined at the maximum fee of $4,500 per month. of Filing and Immediate Effectiveness places specified in Item IV below. The Currently the specialists have multiple, of Proposed Rule Change by NASDAQ Exchange has prepared summaries, set contiguous, trading posts with kiosks on OMX PHLX, Inc. Relating To Trading forth in sections A, B, and C below, of the trading floor. This fee should result Post/Booth and Registration Fees the most significant aspects of such in no additional increase to the April 30, 2009. statements. specialists currently on the trading floor Pursuant to Section 19(b)(1) of the A. Self-Regulatory Organization’s as the total amount paid currently for Securities Exchange Act of 1934 Statement of the Purpose of, and each trading post with kiosk, or $375, (‘‘Act’’) 1, and Rule 19b–4 thereunder,2 Statutory Basis for, the Proposed Rule multiplied by the total number of posts notice is hereby given that on April 24, Change utilized is equivalent to the fee range of 2009, NASDAQ OMX PHLX, Inc. the proposed charges, $1,125 for a (‘‘Phlx’’ or ‘‘Exchange’’) filed with the 1. Purpose quarter post and $4,500 for a full post, Securities and Exchange Commission The purpose of the proposed rule per month. Additionally, the Exchange (‘‘SEC’’ or ‘‘Commission’’) the proposed change is to increase the costs of certain is capping the total amount of fees paid rule change as described in Items I, II, floor-related charges due to a rise in by a specialist for the Specialist Post fee and III, below, which Items have been occupancy expenses. The Exchange at $4,500 per month. The posts would prepared by the Exchange. The proposes to adjust its fees related to continue to facilitate specialist Commission is publishing this notice to certain trading floor charges to keep interaction with the trading crowd. solicit comments on the proposed rule pace with the rising overhead costs The Exchange proposes to increase change from interested persons. associated with maintaining the trading the Floor Facility fee from $125 to $200 floor. The Exchange has not made any per month. The Floor Facility fee is I. Self-Regulatory Organization’s significant changes to these fees in applicable to floor members and foreign Statement of the Terms of Substance of several years. currency options participants that are the Proposed Rule Change The Exchange proposes to increase not currently assessed fees related to the The Exchange proposes to amend the the Trading Post/Booth fee from $250 to usage of a Trading Post/Booth and Exchange’s Fee Schedule to: (1) Rename $300 per month. The Trading Post/ would not be assessed a Trading/ the Trading Post/Booth fee and increase Booth space is physical space on the Administrative Booths and Market the fee from $250 to $300 per month; (2) Exchange’s trading floor, which space Maker Trading Space fee. The Floor designate certain space on the trading typically is used by floor brokers. The Facility fee is intended to fairly allocate floor as Market Maker Trading Space Exchange proposes to increase this fee costs attendant to providing members and assess members a fee of $300 per to cover increasing occupancy costs, and participants with services necessary month; (3) eliminate the Trading Post such as electricity usage due to the to the conduct of business on the floor with Kiosk fee of $375 per month and increase of member computers on the of the Exchange. The Exchange proposes replace it with a Specialist Post fee of trading floor. Additionally, the to increase this fee to offset the $4,500 per month for a full post and Exchange proposes to rename the increased costs of operating a trading $1,125 per month for a quarter post, up Trading Post/Booth fee as the ‘‘Trading/ floor facility. to a maximum of $4,500; (4) increase the Administrative Booths and Market The Exchange also proposes Floor Facility fee from $125 to $200 per Maker Trading Space’’ fee. The increasing the Trading Floor Personnel month; (5) increase the Trading Floor Exchange proposes to designate certain Registration fee from $25 to $50 per Personnel Registration fee from $25 to space on the trading floor to be termed month. Pursuant to Exchange Rule 620 4 $50 per month; and (6) make other as ‘‘Market Maker Trading Space’’ and all trading floor personnel are required minor amendments to the Fee Schedule. assess members $300 per month for that to be registered with the Exchange. This While changes to the Exchange’s fee space. The Exchange would clearly schedule pursuant to this proposal are define space where Register Options electronically through an electronic interface with effective upon filing, the Exchange has Traders could locate computer and AUTOM via an Exchange approved proprietary designated this proposal to be effective electronic quoting device in eligible options to related equipment required to function which such SQT is assigned. See Exchange Rule on May 1, 2009. as a Streaming Quote Trader.3 The The text of the proposed rule change 1014(b)(ii)(A). 4 See Exchange Rule 620(a), titled Trading Floor is available on the Exchange’s Web site 3 A Streaming Quote Trader or SQT is an Personnel Registration, ‘‘Each Floor Broker, Exchange Registered Options Trader (‘‘ROT’’) who Specialist and Registered Options Trader on any 1 15 U.S.C. 78s(b)(1). has received permission from the Exchange to Exchange trading floor must register as such with 2 17 CFR 240.19b–4. generate and submit option quotations the Exchange. * * *’’
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fee is imposed on members and C. Self-Regulatory Organization’s those that may be withheld from the participant organizations for individuals Statement on Comments on the public in accordance with the who are employed by such member or Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be participant organizations and who work Members, Participants, or Others available for inspection and copying in on the Exchange’s trading floor, such as No written comments were either the Commission’s Public Reference clerks, interns, stock execution clerks solicited or received. Room, 100 F Street, NE., Washington, and other associated persons, but who DC 20549, on official business days III. Date of Effectiveness of the are not registered as members or between the hours of 10 a.m. and 3 p.m. Proposed Rule Change and Timing for participants. The Exchange proposes to Copies of the filing will also be available Commission Action increase this fee to offset the rising for inspection and copying at the occupancy costs associated with The foregoing rule change has become principal office of the self-regulatory operating a trading floor facility. effective pursuant to Section organization. All comments received 19(b)(3)(A)(ii) of the Act 7 and paragraph will be posted without change; the The Exchange also proposes to make (f)(2) of Rule 19b–4 8 thereunder. At any Commission does not edit personal a minor amendment to its Fee Schedule time within 60 days of the filing of the identifying information from to amend the title of Section II of the Fee proposed rule change, the Commission submissions. You should submit only Schedule. Currently that section is titled may summarily abrogate such rule information that you wish to make Index Options Fees and the Exchange change if it appears to the Commission available publicly. All submissions proposes to amend that section title to that such action is necessary or should refer to File Number SR–Phlx– ‘‘Sector Index Options Fees.’’ This title appropriate in the public interest, for 2009–39 and should be submitted on or would be amended in the Table of the protection of investors, or otherwise before May 28, 2009. Contents as well as in Section II of the in furtherance of the purposes of the For the Commission, by the Division of Fee Schedule. The Exchange believes Act. Trading and Markets, pursuant to delegated that the wording ‘‘Sector Index Options 9 IV. Solicitation of Comments authority. Fees’’ is a more appropriate title for Elizabeth M. Murphy, these products. Interested persons are invited to submit written data, views, and Secretary. 2. Statutory Basis arguments concerning the foregoing, [FR Doc. E9–10524 Filed 5–6–09; 8:45 am] including whether the proposed rule BILLING CODE 8010–01–P The Exchange believes that its change is consistent with the Act. proposal to amend its schedule of fees Comments may be submitted by any of is consistent with Section 6(b) of the the following methods: SMALL BUSINESS ADMINISTRATION Act 5 in general, and furthers the objectives of Section 6(b)(4) of the Act 6 Electronic Comments Notice of Action Subject to in particular, in that it is an equitable • Use the Commission’s Internet Intergovernmental Review Under allocation of reasonable fees and other comment form (http://www.sec.gov/ Executive Order 12372 charges among Exchange members. The rules/sro.shtml); or Exchange believes that the proposed • Send an e-mail to rule- AGENCY: U.S. Small Business increases in fees to the associated [email protected]. Please include File Administration. Trading/Administrative Booths and Number SR–Phlx–2009–39 on the ACTION: Notice of Action Subject to Market Maker Trading Space, Floor subject line. Intergovernmental Review Under Executive Order 12372 Facility and Trading Floor Personnel Paper Comments fees are reasonable and the revenue will • SUMMARY: assist the Exchange in defraying the Send paper comments in triplicate The Small Business Administration (SBA) is notifying the occupancy costs of maintaining the floor to Elizabeth M. Murphy, Secretary, public that it intends to grant the facility for its members. The Specialist Securities and Exchange Commission, pending applications of 22 existing Post fee should not result in a fee 100 F Street, NE., Washington, DC Small Business Development Centers increase for specialists. The Exchange 20549–1090. (SBDCs) for refunding on October 1, believes that because specialists pay All submissions should refer to File Number SR–Phlx–2009–39. This file 2009, subject to the availability of funds. significantly more total transaction fees Nine states do not participate in the EO on a monthly basis than similar fees number should be included on the subject line if e-mail is used. To help the 12372 process; therefore, their addresses assessed on Register Options Traders are not included. A short description of and floor brokers, the proposed fees are Commission process and review your comments more efficiently, please use the SBDC program follows in the reasonable. Finally, the Exchange SUPPLEMENTARY INFORMATION below. believes that the amendment to the title only one method. The Commission will post all comments on the Commission’s The SBA is publishing this notice at of Section II is a proper title to identify least 90 days before the expected fees in the Fee Schedule. Internet Web site (http://www.sec.gov/ rules/sro.shtml). Copies of the refunding date. The SBDCs and their B. Self-Regulatory Organization’s submission, all subsequent mailing addresses are listed below in Statement on Burden on Competition amendments, all written statements the address section. A copy of this with respect to the proposed rule notice also is being furnished to the The Exchange does not believe that change that are filed with the respective State single points of contact the proposed rule change will impose Commission, and all written designated under the Executive Order. any burden on competition not communications relating to the Each SBDC application must be necessary or appropriate in furtherance proposed rule change between the consistent with any area-wide small of the purposes of the Act. Commission and any person, other than business assistance plan adopted by a State-authorized agency. 5 15 U.S.C. 78f(b). 7 15 U.S.C. 78s(b)(3)(A)(ii). 6 15 U.S.C. 78f(b)(4). 8 17 CFR 240.19b–4(f)(2). 9 17 CFR 200.30–3(a)(12).
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DATES: A State single point of contact regarding an SBDC refunding within 30 ADDRESSES: and other interested State or local days from the date of publication of this entities may submit written comments notice to the SBDC.
ADDRESSES OF RELEVANT SBDC STATE DIRECTORS
Mr. Al Salgado, Region Director, Univ. of Texas at San Antonio, 501 Ms. M.E. Gamble, State Director, West Virginia Development Office, West Durango Blvd., San Antonio, TX 78207, (210) 458–2450. Capitol Complex, Building 6, Room 652, Charleston, WV 25301, (304) 558–2960. Mr. Clinton Tymes, State Director, University of Delaware, One Innova- Ms. Carmen Marti, SBDC Director, Inter American University of Puerto tion Way, Suite 301, Newark, DE 19711, (302) 831-2747. Rico, Ponce de Leon Avenue, #416, Edificio Union Plaza, Seventh Floor, Hato Rey, PR 00918, (787) 763–6811. Mr. Michael Young, Region Director, University of Houston, 2302 Ms. Becky Naugle, State Director, University of Kentucky, 225 Gatton Fannin, Suite 200, Houston, TX 77002, (713) 752–8425. College of Business Economics, Lexington, KY 40506–0034, (859) 257–7668. Ms. Liz Klimback, Region Director, Dallas Community College, 1402 Ms. Rene Sprow, State Director, Univ. of Maryland @ College Park, Corinth Street, Dallas, TX 75212, (214) 860–5835. 7100 Baltimore Avenue, Suite 401, Baltimore, MD 20742–1815, (301) 403–8300. Mr. Craig Bean, Region Director, Texas Tech University, 2579 South Ms. Leonor Dottin, SBDC Director, University of the Virgin Islands, Loop 289, Suite 114, Lubbock, TX 79423–1637, (806) 745–3973. 8000 Nisky Center, Suite 720, St. Thomas, USVI 00802–5804, (340) 776–3206. Mr. Max Summers, State Director, University of Missouri, 1205 Univer- Mr. Jim Heckman, State Director, Iowa State University, 340 Gerdin sity Avenue, Suite 300, Columbia, MO 65211, (573) 882–1348. Business Building, Ames, IA 50011–1350, (515) 294–2037. Ms. Lenae Quillen-Blume, State Director, Vermont Technical College, P.O. Box 188, Randolph Center, VT 05061–0188, (802) 728–9101.
FOR FURTHER INFORMATION CONTACT: volunteers and other low cost resources Dated: April 14, 2009. Antonio Doss, Associate Administrator as much as possible. Antonio Doss, for SBDCs, U.S. Small Business SBDC Services Associate Administrator for Small Business Administration, 409 Third Street, SW., Development Centers. Sixth Floor, Washington, DC 20416. An SBDC must have a full range of [FR Doc. E9–10625 Filed 5–6–09; 8:45 am] SUPPLEMENTARY INFORMATION: business development and technical BILLING CODE P assistance services in its area of Description of the SBDC Program operations, depending upon local needs, A partnership exists between SBA SBA priorities and SBDC program DEPARTMENT OF STATE and an SBDC. SBDCs offer training, objectives. Services include training and [Public Notice 6607] counseling and other business counseling to existing and prospective small business owners in management, development assistance to small Culturally Significant Objects Imported businesses. Each SBDC provides marketing, finance, operations, for Exhibition Determinations: ‘‘In and services under a negotiated Cooperative planning, taxes, and any other general Out of Amsterdam: Travels in Agreement with SBA, the general or technical area of assistance that Conceptual Art, 1960–1976’’ management and oversight of SBA, and supports small business growth. a state plan initially approved by the The SBA district office and the SBDC SUMMARY: Notice is hereby given of the Governor. Non-Federal funds must must agree upon the specific mix of following determinations: Pursuant to match Federal funds. An SBDC must services. They should give particular the authority vested in me by the Act of operate according to law, the attention to SBA’s priority and special October 19, 1965 (79 Stat. 985; 22 U.S.C. Cooperative Agreement, SBA’s emphasis groups, including veterans, 2459), Executive Order 12047 of March regulations, the annual Program women, exporters, the disabled, and 27, 1978, the Foreign Affairs Reform and Announcement, and program guidance. minorities. Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et SBDC Program Requirements Program Objectives seq.), Delegation of Authority No. 234 of The SBDC program uses Federal An SBDC must meet programmatic October 1, 1999, Delegation of Authority funds to leverage the resources of states, and financial requirements imposed by No. 236 of October 19, 1999, as academic institutions and the private statute, regulations or its Cooperative amended, and Delegation of Authority sector to: Agreement. The SBDC must: No. 257 of April 15, 2003 [68 FR 19875], (a) Strengthen the small business (a) Locate service centers so that they I hereby determine that the objects to be community; are as accessible as possible to small included in the exhibition ‘‘In and Out (b) increase economic growth; businesses; of Amsterdam: Travels in Conceptual (c) assist more small businesses; and (b) Open all service centers at least 40 Art, 1960–1976,’’ imported from abroad (d) broaden the delivery system to hours per week, or during the normal for temporary exhibition within the more small businesses. business hours of its state or academic United States, are of cultural Host Organization, throughout the year; significance. The objects are imported SBDC Program Organization (c) Develop working relationships pursuant to loan agreements with the The lead SBDC operates a statewide with financial institutions, the foreign owners or custodians. I also or regional network of SBDC service investment community, professional determine that the exhibition or display centers. An SBDC must have a full-time associations, private consultants and of the exhibit objects at the Museum of Director. SBDCs must use at least 80 small business groups; and Modern Art, New York, NY, from on or percent of the Federal funds to provide (d) Maintain lists of private about July 19, 2009, until on or about services to small businesses. SBDCs use consultants at each service center. October 5, 2009, and at possible
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additional exhibitions or venues yet to 4th Street, SW., Room 700, Washington, acknowledgment that we received your be determined, is in the national DC 20547–0001. comments, please include a self- interest. Public Notice of these Dated: April 24, 2009. addressed, stamped envelope or postcard or print the acknowledgement Determinations is ordered to be C. Miller Crouch, published in the Federal Register. page that appears after submitting Acting Assistant Secretary for Educational comments on-line. FOR FURTHER INFORMATION CONTACT: For and Cultural Affairs, Department of State. further information, including a list of Privacy Act: Anyone may search the [FR Doc. E9–10639 Filed 5–6–09; 8:45 am] electronic form of all comments the exhibit objects, contact Carol B. BILLING CODE 4710–05–P Epstein, Attorney-Adviser, Office of the received into any of our dockets by the Legal Adviser, U.S. Department of State name of the individual submitting the comment (or of the person signing the (telephone: 202/453–8048). The address DEPARTMENT OF TRANSPORTATION is U.S. Department of State, SA–44, 301 comment, if submitted on behalf of an association, business, labor union, etc.). 4th Street, SW., Room 700, Washington, Federal Motor Carrier Safety DC 20547–0001. You may review the DOT’s complete Administration Privacy Act Statement in the Federal Dated: April 30, 2009. [Docket ID. FMCSA–2009–0054] Register published on April 11, 2000 C. Miller Crouch, (65 FR 19476). This information is also Acting Assistant Secretary for Educational Qualification of Drivers; Exemption available at http://Docketsinfo.dot.gov. and Cultural Affairs, Department of State. Applications; Vision [FR Doc. E9–10646 Filed 5–6–09; 8:45 am] Background AGENCY: Federal Motor Carrier Safety BILLING CODE 4710–05–P On March 20, 2009, FMCSA Administration (FMCSA), DOT. published a notice of receipt of ACTION: Notice of final disposition. exemption applications from certain DEPARTMENT OF STATE individuals, and requested comments SUMMARY: FMCSA announces its decision to exempt 17 individuals from from the public (74 FR 11988). That [Public Notice 6606] the vision requirement in the Federal notice listed 17 applicants’ case histories. The 17 individuals applied for Culturally Significant Objects Imported Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable exemptions from the vision requirement for Exhibition Determinations: in 49 CFR 391.41(b)(10), for drivers who ‘‘Projects 90: Song Dong’’ these individuals to operate commercial motor vehicles (CMVs) in interstate operate CMVs in interstate commerce. Under 49 U.S.C. 31136(e) and 31315, SUMMARY: Notice is hereby given of the commerce without meeting the FMCSA may grant an exemption for a 2- following determinations: Pursuant to prescribed vision standard. The Agency year period if it finds ‘‘such exemption the authority vested in me by the Act of has concluded that granting these would likely achieve a level of safety October 19, 1965 (79 Stat. 985; 22 U.S.C. exemptions will provide a level of safety that is equivalent to, or greater than, the 2459), Executive Order 12047 of March that is equivalent to, or greater than, the level that would be achieved absent 27, 1978, the Foreign Affairs Reform and level of safety maintained without the such exemption.’’ The statute also Restructuring Act of 1998 (112 Stat. exemptions for these CMV drivers. 2681, et seq.; 22 U.S.C. 6501 note, et allows the Agency to renew exemptions DATES: The exemptions are effective at the end of the 2-year period. seq.), Delegation of Authority No. 234 of May 7, 2009. The exemptions expire on October 1, 1999, Delegation of Authority Accordingly, FMCSA has evaluated the May 9, 2011. 17 applications on their merits and No. 236 of October 19, 1999, as FOR FURTHER INFORMATION CONTACT: Dr. amended, and Delegation of Authority made a determination to grant Mary D. Gunnels, Director, Medical exemptions to all of them. No. 257 of April 15, 2003 [68 FR 19875], Programs, (202) 366–4001, I hereby determine that the objects to be [email protected], FMCSA, Vision and Driving Experience of the included in the installation ‘‘Projects 90: Department of Transportation, 1200 Applicants Song Dong,’’ imported from abroad for New Jersey Avenue, SE., Room W64– The vision requirement in the temporary exhibition within the United 224, Washington, DC 20590–0001. FMCSRs provides: States, are of cultural significance. The Office hours are from 8:30 a.m. to 5 p.m. A person is physically qualified to objects are imported pursuant to a loan Monday through Friday, except Federal drive a commercial motor vehicle if that agreement with the foreign owner or holidays. person has distant visual acuity of at custodian. I also determine that the SUPPLEMENTARY INFORMATION: least 20/40 (Snellen) in each eye exhibition or display of the installation without corrective lenses or visual at the Museum of Modern Art, New Electronic Access acuity separately corrected to 20/40 York, NY, from on or about June 23, You may see all the comments online (Snellen) or better with corrective 2009, until on or about September 7, through the Federal Document lenses, distant binocular acuity of a least 2009, and at possible additional Management System (FDMS) at http:// 20/40 (Snellen) in both eyes with or exhibitions or venues yet to be www.regulations.gov. without corrective lenses, field of vision determined, is in the national interest. Docket: For access to the docket to of at least 70° in the horizontal meridian Public Notice of these Determinations is read background documents or in each eye, and the ability to recognize ordered to be published in the Federal comments, go to http:// the colors of traffic signals and devices Register. www.regulations.gov at any time or showing standard red, green, and amber FOR FURTHER INFORMATION CONTACT: For Room W12–140 on the ground level of (49 CFR 391.41(b)(10)). further information, including a list of the West Building, 1200 New Jersey FMCSA recognizes that some drivers the exhibit objects, contact Carol B. Avenue, SE., Washington, DC, between do not meet the vision standard, but Epstein, Attorney-Adviser, Office of the 9 a.m. and 5 p.m., Monday through have adapted their driving to Legal Adviser, U.S. Department of State Friday, except Federal holidays. The accommodate their vision limitation (telephone: 202/453–8048). The address FDMS is available 24 hours each day, and demonstrated their ability to drive is U.S. Department of State, SA–44, 301 365 days each year. If you want safely.
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The 17 exemption applicants listed in in interstate commerce as opposed to June 1971). A 1964 California Driver this notice are in this category. They are restricting him or her to driving in Record Study prepared by the California unable to meet the vision standard in intrastate commerce. Department of Motor Vehicles one eye for various reasons, including To evaluate the effect of these concluded that the best overall crash amblyopia, prosthesis, retinal lesion, exemptions on safety, FMCSA predictor for both concurrent and corneal scar, and loss of vision due to considered not only the medical reports nonconcurrent events is the number of trauma. In most cases, their eye about the applicants’ vision, but also single convictions. This study used 3 conditions were not recently developed. their driving records and experience consecutive years of data, comparing the All but 7 of the applicants were either with the vision deficiency. experiences of drivers in the first 2 years born with their vision impairments or To qualify for an exemption from the with their experiences in the final year. have had them since childhood. The 7 vision standard, FMCSA requires a Applying principles from these individuals who sustained their vision person to present verifiable evidence studies to the past 3-year record of the conditions as adults have had them for that he/she has driven a commercial 17 applicants, four of the applicants had periods ranging from 5 to 26 years. vehicle safely with the vision deficiency traffic violations for speeding and none Although each applicant has one eye for the past 3 years. Recent driving of the applicants were involved in which does not meet the vision standard performance is especially important in crashes. The applicants achieved this in 49 CFR 391.41(b)(10), each has at evaluating future safety, according to record of safety while driving with their least 20/40 corrected vision in the other several research studies designed to vision impairment, demonstrating the eye, and in a doctor’s opinion, has correlate past and future driving likelihood that they have adapted their sufficient vision to perform all the tasks performance. Results of these studies driving skills to accommodate their necessary to operate a CMV. Doctors’ support the principle that the best condition. As the applicants’ ample opinions are supported by the predictor of future performance by a driving histories with their vision applicants’ possession of valid driver is his/her past record of crashes deficiencies are good predictors of commercial driver’s licenses (CDLs) or and traffic violations. Copies of the future performance, FMCSA concludes non-CDLs to operate CMVs. Before studies may be found at docket number their ability to drive safely can be issuing CDLs, States subject drivers to FMCSA–1998–3637. projected into the future. knowledge and skills tests designed to We believe we can properly apply the We believe that the applicants’ evaluate their qualifications to operate a principle to monocular drivers, because intrastate driving experience and history CMV. data from the Federal Highway provide an adequate basis for predicting All these applicants satisfied the Administration’s (FHWA) former waiver their ability to drive safely in interstate testing standards for their State of study program clearly demonstrate the commerce. Intrastate driving, like residence. By meeting State licensing driving performance of experienced interstate operations, involves requirements, the applicants monocular drivers in the program is substantial driving on highways on the demonstrated their ability to operate a better than that of all CMV drivers interstate system and on other roads commercial vehicle, with their limited collectively (See 61 FR 13338, 13345, built to interstate standards. Moreover, vision, to the satisfaction of the State. March 26, 1996). The fact that driving in congested urban areas While possessing a valid CDL or non- experienced monocular drivers exposes the driver to more pedestrian CDL, these 17 drivers have been demonstrated safe driving records in the and vehicular traffic than exists on authorized to drive a CMV in intrastate waiver program supports a conclusion interstate highways. Faster reaction to commerce, even though their vision that other monocular drivers, meeting traffic and traffic signals is generally disqualified them from driving in the same qualifying conditions as those required because distances between interstate commerce. They have driven required by the waiver program, are also them are more compact. These CMVs with their limited vision for likely to have adapted to their vision conditions tax visual capacity and careers ranging from 3 to 38 years. In the deficiency and will continue to operate driver response just as intensely as past 3 years, four of the drivers had safely. interstate driving conditions. The convictions for traffic violations and The first major research correlating veteran drivers in this proceeding have none of the drivers were involved in past and future performance was done operated CMVs safely under those crashes. in England by Greenwood and Yule in conditions for at least 3 years, most for The qualifications, experience, and 1920. Subsequent studies, building on much longer. Their experience and medical condition of each applicant that model, concluded that crash rates driving records lead us to believe that were stated and discussed in detail in for the same individual exposed to each applicant is capable of operating in the March 20, 2009 notice (74 FR certain risks for two different time interstate commerce as safely as he/she 11988). periods vary only slightly (See Bates has been performing in intrastate and Neyman, University of California commerce. Consequently, FMCSA finds Basis for Exemption Determination Publications in Statistics, April 1952). that exempting these applicants from Under 49 U.S.C. 31136(e) and 31315, Other studies demonstrated theories of the vision standard in 49 CFR FMCSA may grant an exemption from predicting crash proneness from crash 391.41(b)(10) is likely to achieve a level the vision standard in 49 CFR history coupled with other factors. of safety equal to that existing without 391.41(b)(10) if the exemption is likely These factors—such as age, sex, the exemption. For this reason, the to achieve an equivalent or greater level geographic location, mileage driven and Agency is granting the exemptions for of safety than would be achieved conviction history—are used every day the 2-year period allowed by 49 U.S.C. without the exemption. Without the by insurance companies and motor 31136(e) and 31315 to the 17 applicants exemption, applicants will continue to vehicle bureaus to predict the listed in the notice of March 20, 2009 be restricted to intrastate driving. With probability of an individual (74 FR 11988). the exemption, applicants can drive in experiencing future crashes (See Weber, We recognize that the vision of an interstate commerce. Thus, our analysis Donald C., ‘‘Accident Rate Potential: An applicant may change and affect his/her focuses on whether an equal or greater Application of Multiple Regression ability to operate a CMV as safely as in level of safety is likely to be achieved by Analysis of a Poisson Process,’’ Journal the past. As a condition of the permitting each of these drivers to drive of American Statistical Association, exemption, therefore, FMCSA will
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impose requirements on the 17 requirement in 49 CFR 391.41(b)(10), vessel name in order for MARAD to individuals consistent with the subject to the requirements cited above properly consider the comments. grandfathering provisions applied to (49 CFR 391.64(b)). Comments should also state the drivers who participated in the In accordance with 49 U.S.C. 31136(e) commenter’s interest in the waiver Agency’s vision waiver program. and 31315, each exemption will be valid application, and address the waiver Those requirements are found at 49 for 2 years unless revoked earlier by criteria given in § 388.4 of MARAD’s CFR 391.64(b) and include the FMCSA. The exemption will be revoked regulations at 46 CFR Part 388. following: (1) That each individual be if: (1) The person fails to comply with DATES: Submit comments on or before physically examined every year (a) by the terms and conditions of the June 8, 2009. an ophthalmologist or optometrist who exemption; (2) the exemption has ADDRESSES: Comments should refer to attests that the vision in the better eye resulted in a lower level of safety than docket number MARAD–2009–0044. continues to meet the standard in 49 was maintained before it was granted; or Written comments may be submitted by CFR 391.41(b)(10), and (b) by a medical (3) continuation of the exemption would hand or by mail to the Docket Clerk, not be consistent with the goals and examiner who attests that the individual U.S. Department of Transportation, is otherwise physically qualified under objectives of 49 U.S.C. 31136 and 31315. Docket Operations, M–30, West 49 CFR 391.41; (2) that each individual If the exemption is still effective at the Building Ground Floor, Room W12–140, provide a copy of the ophthalmologist’s end of the 2-year period, the person may 1200 New Jersey Avenue, SE., or optometrist’s report to the medical apply to FMCSA for a renewal under Washington, DC 20590. You may also examiner at the time of the annual procedures in effect at that time. send comments electronically via the medical examination; and (3) that each Issued on May 1, 2009. Internet at http://www.regulations.gov. individual provide a copy of the annual Larry W. Minor, All comments will become part of this medical certification to the employer for Associate Administrator for Policy and docket and will be available for retention in the driver’s qualification Program Development. inspection and copying at the above file, or keep a copy in his/her driver’s [FR Doc. E9–10672 Filed 5–6–09; 8:45 am] address between 10 a.m. and 5 p.m., qualification file if he/she is self- BILLING CODE 4910–EX–P E.T., Monday through Friday, except employed. The driver must also have a federal holidays. An electronic version copy of the certification when driving, of this document and all documents for presentation to a duly authorized DEPARTMENT OF TRANSPORTATION entered into this docket is available on Federal, State, or local enforcement the World Wide Web at http:// official. Maritime Administration www.regulations.gov. Discussion of Comments [Docket No. MARAD–2009–0044] FOR FURTHER INFORMATION CONTACT: FMCSA received two comments in Requested Administrative Waiver of Joann Spittle, U.S. Department of this proceeding. The comments were the Coastwise Trade Laws Transportation, Maritime considered and discussed below. Administration, 1200 New Jersey The two comments were submitted by AGENCY: Maritime Administration, Avenue, SE., Room W21–203, the same anonymous individual who is Department of Transportation. Washington, DC 20590. Telephone 202– of the opinion that the current Federal ACTION: Invitation for public comments 366–5979. Vision standard should be changed and on a requested administrative waiver of SUPPLEMENTARY INFORMATION: As updated to relax the field of vision the Coastwise Trade Laws for the vessel described by the applicant the intended requirement. He also states that FMCSA BELVEDERE BLUE. service of the vessel BELVEDERE BLUE has facts from the current Federal vision is: SUMMARY: program and this information should be As authorized by 46 U.S.C. Intended Use: ‘‘sightseeing released. 12121, the Secretary of Transportation, excursion.’’ In response to the these comments, as represented by the Maritime Geographic Region: ‘‘New York, Congress established a Medical Review Administration (MARAD), is authorized Connecticut, Maine, Massachusetts, Board (MRB) to provide FMCSA with to grant waivers of the U.S.-build New Jersey, Rhode Island, Delaware, advice and recommendations on requirement of the coastwise laws under Maryland, Virginia, North Carolina, medical standards and guidelines for certain circumstances. A request for South Carolina, Georgia, and Florida’’. the physical qualifications of CMV such a waiver has been received by drivers [49 U.S.C. 31149(a)]. The MARAD. The vessel, and a brief Privacy Act Agency is currently evaluating the description of the proposed service, is Anyone is able to search the MRB’s recommendations regarding the listed below. The complete application electronic form of all comments current vision standard; the opinions of is given in DOT docket MARAD–2009– received into any of our dockets by the medical research panels; and evidence 0044 at http://www.regulations.gov. name of the individual submitting the reports related to vision. Interested parties may comment on the comment (or signing the comment, if effect this action may have on U.S. submitted on behalf of an association, Conclusion vessel builders or businesses in the U.S. business, labor union, etc.). You may Based upon its evaluation of the 17 that use U.S.-flag vessels. If MARAD review DOT’s complete Privacy Act exemption applications, FMCSA determines, in accordance with 46 Statement in the Federal Register exempts, Dan B. Clark, Mark A. Cruz, U.S.C. 12121 and MARAD’s regulations published on April 11, 2000 (Volume Terry J. Dare, Frank A. DeWitt, Kenneth at 46 CFR Part 388 (68 FR 23084; April 65, Number 70; Pages 19477–78). E. Flack, Jr., Maylin E. Frickey, Vincent 30, 2003), that the issuance of the Dated: April 30, 2009. E. Hardin, Larry M. Hawkins, Ronald R. waiver will have an unduly adverse Hunt, Michael E. Lafferty, Michael A. effect on a U.S.-vessel builder or a By Order of the Maritime Administrator. Mitchell, Eric E. Myers, Travis W. business that uses U.S.-flag vessels in Leonard Sutter, Neiwert, Michael G. Trueblood, Donald that business, a waiver will not be Secretary, Maritime Administration. A. Uplinger, II., Steven M. Vujicic, and granted. Comments should refer to the [FR Doc. E9–10685 Filed 5–6–09; 8:45 am] Joseph Watkins from the vision docket number of this notice and the BILLING CODE 4910–81–P
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DEPARTMENT OF TRANSPORTATION The agency has attempted to DEPARTMENT OF TRANSPORTATION coordinate and reduce the reporting National Highway Traffic Safety burden associated with this information National Highway Traffic Safety Administration collection. Another information Administration collection obtains data related to motor Reports, Forms and Recordkeeping vehicle compliance with the agency’s Reports, Forms and Record Keeping Requirements, Agency Information Federal motor vehicle safety standards. Requirements Agency Information Collection Activity Under OMB Review Collection Activity Under OMB Review Although the consumer information AGENCY: National Highway Traffic collection data is distinct and unique AGENCY: National Highway Traffic Safety Administration, DOT. from the compliance data, respondents Safety Administration, DOT. to both collections are the same. ACTION: Notice. ACTION: Notice. Consequently, the consumer SUMMARY: In compliance with the information collection is closely SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 coordinated with the compliance Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice collection to enable responders to U.S.C. 3501 et seq.), this notice announces that an Information assemble the data most efficiently. The announces that the Information Collection Request (ICR) in support of burden is further made easier by Collection Request (ICR) abstracted the New Car Assessment Program has sending electronic files to the below has been forwarded to the Office been forwarded to the Office of respondents in which the data is of Management and Budget (OMB) for Management and Budget (OMB) for entered and electronically returned to review and comment. The ICR describes review and comment. The ICR describes the agency. the nature of the information collections and their expected burden. The Federal the nature of the information collections The consumer information collected Register Notice with a 60-day comment and their expected burden. The Federal is used on the agency’s http:// period was published on November 18, Register Notice with a 60-day comment www.safercar.gov Web site, in the 2008 (73 FR 68495). period was published on March 9, 2009 ‘‘Buying a Safer Car’’ and ‘‘Buying a 74 FR 44, pages 10122 and 10123, or Safer Car for Child Passengers’’ DATES: Comments must be submitted on U.S. DOT Docket Number NHTSA– brochures, in other consumer or before June 8, 2009. 2009–0032. publications, as well as for internal FOR FURTHER INFORMATION CONTACT: DATES: Comments must be submitted on agency analyses and responses to Carla Rush, the National Highway or before June 8, 2009. consumer inquiries. Traffic Safety Administration, Office of Rulemaking (NVS–112), (202) 366–4583, FOR FURTHER INFORMATION CONTACT: Affected Public: Manufacturers that 1200 New Jersey Avenue, SE., West Complete copies of each request for sell motor vehicles in the United States Building, Room W43–417, Washington, collection of information may be under 10,000 lbs of Gross Vehicle DC 20590–0001. obtained at no charge from Johanna Weight Rating. SUPPLEMENTARY INFORMATION: Lowrie, U.S. Department of Estimated Total Annual Burden: 924 Transportation, NHTSA, Room W43– hours. National Highway Traffic Safety 410, 1200 New Jersey Ave., SE., Administration Washington, DC 20590. Ms. Lowrie’s ADDRESSES: Send comments, within Title: Appendix A–1 of FMVSS No. telephone number is (202) 366–5269. 30 days, to the Office of Information and Regulatory Affairs, Office of 208 Phase-in Reporting Requirements. Please identify the relevant collection of OMB Number: 2127–NEW. information by referring to its OMB Management and Budget, 725–17th Street, NW., Washington, DC 20503, Type of Request: New collection. Control Number. Abstract: 49 U.S.C. 30111 authorizes Attention: NHTSA Desk Officer. SUPPLEMENTARY INFORMATION: the issuance of FMVSSs and Comments are invited on: Whether regulations. The agency, in prescribing National Highway Traffic Safety the proposed collection of information Administration a FMVSS or regulation, considers is necessary for the proper performance available relevant motor vehicle safety Title: Vehicle Information for the of the functions of the Department, data, and consults with other agencies, General Public. including whether the information will as it deems appropriate. Further, the OMB Number: 2127–0629. have practical utility; the accuracy of statute mandates that in issuing any Type of Request: Regular. the Department’s estimate of the burden FMVSS or regulation, the agency Abstract: NHTSA’s mission is to save of the proposed information collection; considers whether the standard or lives, prevent injury, and reduce motor ways to enhance the quality, utility and regulation is ‘‘reasonable, practicable vehicle crashes. Providing consumer clarity of the information to be and appropriate for the particular type information on vehicle safety is an collected; and ways to minimize the of motor vehicle or item of motor important means of improving vehicle burden of the collection of information vehicle equipment for which it is safety through market forces. NHTSA on respondents, including the use of prescribed,’’ and whether such a provides consumers with vehicle safety automated collection techniques or standard will contribute to carrying out information such as front and side crash other forms of information technology. the purpose of the Act. The Secretary is results, rollover propensity, and the A Comment to OMB is most effective if authorized to invoke such rules and availability of a wide array of safety OMB receives it within 30 days of regulations as deemed necessary to features provided on each vehicle publication. carry out these requirements. Using this model. NHTSA also uses this safety Issued in Washington, DC, on May 1, 2009. authority, the agency issued FMVSS No. feature information when responding to 208, ‘‘Occupant crash protection,’’ to aid public inquiries and analyzing Stephen R. Kratzke, the agency in achieving many of its rulemaking petitions which ask the Associate Administrator for Rulemaking. safety goals. This notice requests agency to mandate certain safety [FR Doc. E9–10596 Filed 5–6–09; 8:45 am] comments on the collection of features. BILLING CODE P information for the phase-in reporting
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requirements related to the Clarksville, in Nottoway, Lunenburg, DEPARTMENT OF THE TREASURY implementation of Appendix A–1 of Charlotte and Mecklenberg Counties, this standard. VA. Submission for OMB Review; Affected Public: Businesses, NSR and BB have reached an Comment Request individuals, households, federal agreement under which BB will lease April 29, 2009. government and state, local, or tribal and operate the Keysville Line. BB will government. The Department of the Treasury will accept transfer and/or assignment of submit the following public information Estimated Total Annual Burden: 22 NCVA’s common carrier obligations. hours (22 affected manufacturers x 1 collection requirement(s) to OMB for BB certifies that its projected annual hour). review and clearance under the revenue as a result of this transaction Paperwork Reduction Act of 1995, ADDRESSES: Send comments, within 30 will not result in the creation of a Class Public Law 104–13 on or after the date days, to the Office of Information and II or Class I rail carrier. However, of publication of this notice. Copies of Regulatory Affairs, Office of because its projected annual revenues the submission(s) may be obtained by Management and Budget, 725 17th will exceed $5 million, BB also certifies calling the Treasury Bureau Clearance Street, NW., Washington, DC 20503, that it has complied with the notice Officer listed. Comments regarding this Attention NHTSA Desk Officer. requirements of 49 CFR 1150.42(e). Comments are invited on: Whether information collection should be the proposed collection of information The transaction is expected to be addressed to the OMB reviewer listed is necessary for the proper performance consummated on or after May 23, 2009, and to the Treasury Department of the functions of the Department, 60 days after BB’s certification of the Clearance Officer, Department of the including whether the information will notice requirements of section Treasury, Room 11000, and 1750 have practical utility; the accuracy of 1150.42(e). Pennsylvania Avenue, NW., the Department’s estimate of the burden If the notice contains false or Washington, DC 20220. of the proposed information collection; misleading information, the exemption Dates: Written comments should be ways to enhance the quality, utility and is void ab initio. Petitions to revoke the received on or before June 8, 2009 to be clarity of the information to be exemption under 49 U.S.C. 10502(d) assured of consideration. collected; and ways to minimize the may be filed at any time. The filing of Internal Revenue Service (IRS) a petition to revoke does not burden of the collection of information OMB Number: 1545–0817. on respondents, including the use of automatically stay the transaction. Petitions for stay must be filed no later Type of Review: Extension. automated collection techniques or Title: EE–28–78 (Final) Inspection of other forms of information technology. than May 15, 2009 (at least 7 days before the exemption becomes effective). Applications for Tax Exemption and A comment to OMB is most effective Applications for Determination Letters if OMB receives it within 30 days of Pursuant to the Consolidated for Pension and Other Plans. publication. Appropriations Act, 2008, Public Law Description: Internal Revenue Code Authority: 44 U.S.C. 3506(c); delegation of No. 110–161, § 193, 121 Stat. 1844 section 6104 requires applications for authority at 49 CFR 1.50. (2007), nothing in this decision tax exempt status, annual reports of authorizes the following activities at any Issued on: May 1, 2009. private foundations, and certain solid waste rail transfer facility: portions of returns to be open for public Stephen R. Kratzke, collecting, storing or transferring solid Associate Administrator for Rulemaking. inspection. Some information may be waste outside of its original shipping withheld from disclosure. IRS needs the [FR Doc. E9–10598 Filed 5–6–09; 8:45 am] container; or separating or processing information to comply with requests for BILLING CODE 4910–59–P solid waste (including baling, crushing, public inspection of the above-named compacting and shredding). The term documents. ‘‘solid waste’’ is defined in section 1004 DEPARTMENT OF TRANSPORTATION Respondents: Businesses or other for- of the Solid Waste Disposal Act, 42 profits. U.S.C. 6903. Surface Transportation Board Estimated Total Burden Hours: 8,538 An original and 10 copies of all hours. [STB Finance Docket No. 35226] pleadings, referring to STB Finance OMB Number: 1545–0957. Docket No. 35226, must be filed with Type of Review: Extension. Buckingham Branch Railroad the Surface Transportation Board, 395 E Company—Change in Operator Form: 8508. Street, SW., Washington, DC 20423– Title: Request for Waiver From Filing Exemption—Rail Line in Nottoway, 0001. In addition, a copy of each Information Returns; Electronically/ Lunenburg, Charlotte and Mecklenberg pleading must be served on Keith G. Magnetically (Forms W–2, W–2G, 1042– Counties, VA O’Brien, Baker and Miller PLLC, 2401 S, 1098 Series, 1099 Series, 5498 Series, Buckingham Branch Railroad Pennsylvania Avenue, NW., Suite 300, and 8027. Company (BB), a Class III rail carrier, Washington, DC 20037. Description: Certain filers of has filed a verified notice of exemption Board decisions and notices are information returns are required by law under 49 CFR 1150.41 to change available on our Web site at to file on magnetic media. In some operators from Virginia Southern www.stb.dot.gov. instances, waivers from this Railroad Division, Northern Carolina & Decided: May 4, 2009. requirement are necessary and justified. Form 8508 is submitted by the filer and Virginia Railroad, Inc. (NCVA) to BB By the Board, over 56.9 miles of rail line (the Keysville provides information on which IRS will Rachel D. Campbell, Line) owned by Norfolk Southern base its waiver determination. Railway Company (NSR). The line Director, Office of Proceedings Respondents: Businesses or other for- extends between milepost F84.8, near Kulunie L. Cannon, profits. Burkeville, and milepost F65.8, near Clearance Clerk. Estimated Total Burden Hours: 750 Keysville, and between milepost D0.0, [FR Doc. E9–10550 Filed 5–6–09; 8:45 am] hours. near Keysville, and milepost D37.9, near BILLING CODE 4915–01–P OMB Number: 1545–0205.
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Type of Review: Revision. which may prove to be misleading and amending the system of records by Form: 5452. are in need of clarification. revising the Routine Uses of Records Title: Corporate Report of Maintained in the System Including Correction of Publication Nondividend Distributions. Categories of Users and the Purpose of Description: Form 5452 is used by Accordingly, the publication of the Such Uses. VA is republishing the corporations to report their nontaxable open meeting of the Taxpayer Advocacy system notice in its entirety. distributions as required by IRC Panel Joint Committee, which was the DATES: Comments on the amendment of 6042(d)(2). The information is used by subject of FR Doc. E9–6371, is corrected this system of records must be received IRS to verify that the distributions are as follows: no later than June 8, 2009. If no public nontaxable as claimed. On page 12461, column 2, under the comment is received, the amended Respondents: Businesses or other for- caption ‘‘DATES:’’, second line, the system will become effective June 8, profits. language ‘‘Wednesday, May 20, 2009.’’ 2009. is corrected to read ‘‘Wednesday, May Estimated Total Burden Hours: 57,885 ADDRESSES: Written comments may be hours. 27, 2009.’’. On page 12461, column 2, under the submitted through http:// Clearance Officer: R. Joseph Durbala, caption ‘‘SUPPLEMENTARY INFORMATION:’’, www.Regulations.gov; by mail or hand- (202) 622–3634, Internal Revenue line 7 the language ‘‘held Wednesday, delivery to Director, Regulations Service, Room 6516, 1111 Constitution May 20, 2009, at 3’’, is corrected to read Management (02REG), Department of Avenue, NW., Washington, DC 20224. ‘‘held Wednesday, May 27, 2009, at 3’’. Veterans Affairs, 810 Vermont Avenue, OMB Reviewer: Shagufta Ahmed, NW., Room 1068, Washington, DC (202) 395–7873, Office of Management LaNita Van Dyke, 20420; or by fax to (202) 273–9026. and Budget, Room 10235, New Chief, Publications and Regulations Branch, Comments received will be available for Executive Office Building, Washington, Legal Processing Division, Associate Chief public inspection in the Office of DC 20503. Counsel (Procedure and Administration). Regulation Policy and Management, [FR Doc. E9–10665 Filed 5–6–09; 8:45 am] Celina Elphage, Room 1063B, between the hours of 8 BILLING CODE 4830–01–P a.m. and 4:30 p.m., Monday through Treasury PRA Clearance Officer. Friday (except holidays). Please call [FR Doc. E9–10606 Filed 5–6–09; 8:45 am] (202) 461–4902 (this is not a toll-free BILLING CODE 4810–01–P DEPARTMENT OF THE TREASURY number) for an appointment. In addition, during the comment period, Office of Thrift Supervision comments may be viewed online DEPARTMENT OF THE TREASURY through the Federal Docket Management First Bank of ID, FSB, Ketchum, ID; System (FDMS) at http:// Internal Revenue Service Notice of Appointment of Receiver www.Regulations.gov. Open Meeting of the Taxpayer Notice is hereby given that, pursuant FOR FURTHER INFORMATION CONTACT: Advocacy Panel Joint Committee; to the authority contained in section Veterans Health Administration (VHA) Correction 5(d)(2) of the Home Owners’ Loan Act, Privacy Officer, Department of Veterans the Office of Thrift Supervision has duly Affairs, 810 Vermont Avenue, NW., AGENCY: Internal Revenue Service (IRS), appointed the Federal Deposit Insurance Washington, DC 20420; telephone (704) Treasury. Corporation as sole Receiver for First 245–2492. ACTION: Correction to notice of an open Bank of Idaho, FSB, Ketchum, Idaho SUPPLEMENTARY INFORMATION: meeting. (OTS No. 17496). I. Description of Proposed System of Dated: April 28, 2009. SUMMARY: This document contains a Records correction to a notice of open meeting By the Office of Thrift Supervision. Sandra E. Evans, The Education Debt Reduction of the Taxpayer Advocacy Panel Joint Program (EDRP) allows VA to provide Federal Register Liaison. Committee, which was published in the education debt reduction payments to Federal Register on Tuesday, March 24, [FR Doc. E9–10331 Filed 5–6–09; 8:45 am] employees with qualifying loans who 2009 (74 FR 12461). This notice related BILLING CODE 6720–01–M occupy certain health care positions for to the taxpayer advocacy panel’s which recruitment and retention of solicitation of public comments, ideas, qualified personnel is difficult. The and suggestions on improving customer DEPARTMENT OF VETERANS specific health care professions that are service at the Internal Revenue Service. AFFAIRS covered by the EDRP include: FOR FURTHER INFORMATION CONTACT: physician, dentist, podiatrist, licensed Susan Gilbert at 1–888–912–1227, or Privacy Act of 1974; System of pharmacist, licensed practical/ 404–338–7185. Records vocational nurse, expanded-function SUPPLEMENTARY INFORMATION: AGENCY: Department of Veterans Affairs dental auxiliary, registered nurse, (VA). certified registered nurse anesthetist, Background ACTION: Notice of amendment to system physician assistant, optometrist, The notice of an open meeting that is of records. physical therapist, occupational the subject of this correction is hereby therapist, certified respiratory therapy given pursuant to section 10(a)(2) of the SUMMARY: As required by the Privacy technician, and registered respiratory Federal Advisory Committee Act, 5 Act of 1974, 5 U.S.C. 552a(e), notice is therapist. The purpose of the program is U.S.C App. (1988). hereby given that the Department of to help VA meet its needs for qualified Veterans Affairs (VA) is amending the health care staff. Need for Correction system of records currently entitled The Education Debt Reduction As published, the notice of an open ‘‘Education Debt Reduction Program- Program-VA (115VA10) system of meeting of the Taxpayer Advocacy VA’’ (115VA10) as set forth in the records contains personal identification Panel Joint Committee contains errors Federal Register 67 FR 64449. VA is information related to the application
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material, to education loan verification and program coordinators must violation of the law whether civil, documentation, to award processes, to periodically review individual data in criminal, or regulatory in nature and employment status, and to service the system of records to ensure its whether arising by general or program periods covered by an award such as accuracy. There are no debts to recover statute or by regulation, rule, or order name, address, social security number, since each award payment is made at issued pursuant thereto, to a Federal, employing facility name, job title, grade, the conclusion of a service period. An state, local, tribal, or foreign agency education level, education debt individual who leaves before charged with the responsibility of reduction payment amounts, service completing a service period is eligible to investigating or prosecuting such periods covered by education debt receive a pro-rata share of the payment violation, or charged with enforcing or reduction payments, name and address for an entire service period based on the implementing the statute, regulation, amount of time actually served in paid of the lending institution, original loan rule, or order. VA may also disclose on status during the service period. amount, current loan amount, and loan its own initiative the names and payment amount. It also contains II. Compatibility of the Proposed addresses of veterans and their individual information about applicants Routine Uses dependents to a Federal agency charged who have been denied awards and The Report of Intent to Amend a with the responsibility of investigating award recipients who have been System on Records Notice and an or prosecuting civil, criminal, or terminated from program participation. advance copy of the system notice have regulatory violations of law, or charged Additionally, it may contain been sent to the appropriate with enforcing or implementing the information about why an applicant Congressional committees and to the statute, regulation, or order issued declined to accept an award. Since Director of the Office of Management pursuant thereto. applicants typically are denied awards and Budget (OMB) as required by 5 Routine use 14 was added to disclose because they do not meet the eligibility U.S.C. 552a(r) (Privacy Act) and information to other Federal agencies requirements to participate in the guidelines issued by OMB (65 FR program, the specific nature of an 77677), December 12, 2000. that may be made to assist such agencies applicant’s ineligibility would be Routine use 11 was added for the VA in preventing and detecting possible another element of information to disclose information from this system fraud or abuse by individuals in their contained in the system of records. The of records to the Department of Justice operations and programs. information in this system of records is (DoJ), either on VA’s initiative or in Routine use 15 was added so that the maintained in electronic and hard copy response to DoJ’s request for the VA may, on its own initiative, disclose format and is periodically updated information, after either VA or DoJ any information or records to through recurring reports provided by determines that such information is appropriate agencies, entities, and local VA facilities about the progress of relevant to DoJ’s representation of the persons when (1) VA suspects or has their program participants. This United States or any of its components information is necessary to effectively confirmed that the integrity or in legal proceedings before a court or confidentiality of information in the administer the educational assistance adjudicative body, provided that, in system of records has been program. It is used to determine and each case, the agency also determines compromised; (2) the Department has document an individual applicant’s prior to disclosure that release of the initial eligibility for education debt records to the DoJ is a use of the determined that as a result of the reduction awards; calculate the payment information contained in the records suspected or confirmed compromise, amounts and related service periods for that is compatible with the purpose for there is a risk of embarrassment or harm award recipients; ensure that award which VA collected the records. VA, on to the reputations of the record subjects, amounts are consistent with applicable its own initiative, may disclose records harm to economic or property interests, law, regulations and policy; monitor the in this system of records in legal identity theft or fraud, or harm to the amount of principal and interest that a proceedings before a court or security, confidentiality, or integrity of participant paid to reduce the balance administrative body after determining this system or other systems or on a qualifying loan during each service that the disclosure of the records to the programs (whether maintained by the period covered by the award; monitor court or administrative body is a use of Department or another agency or entity) the employment status of award the information contained in the records that rely upon the potentially recipients during their service periods; that is compatible with the purpose for compromised information; and (3) the and evaluate and report program results which VA collected the records. disclosure is to agencies, entities, or and effectiveness. Any information in Routine Use 12 was added to disclose persons whom VA determines are this system may be used by local VA relevant information that may be made reasonably necessary to assist or carry supervisory officials and program to individuals, organizations, private or out the Department’s efforts to respond coordinators to ensure that it is accurate public agencies, or other entities with to the suspected or confirmed and that award recipients are in whom VA has a contract or agreement compromise and prevent, minimize, or compliance with the terms for or where there is a subcontract to remedy such harm. This routine use participating in the program. Data about perform such service as VA may deem permits disclosures by the Department individual program participants may practicable for the purposes of laws to respond to a suspected or confirmed change (e.g., changes in employment administered by VA, in order for the data breach, including the conduct of status), and that could impact certain contractor or subcontractor to perform terms of their awards such as the the services of the contract or any risk analysis or provision of credit amounts of the education debt reduction agreement. protection services as provided in 38 payments and/or the beginning and Routine Use 13 was added for the VA U.S.C. 5724, as the terms are defined in ending dates of their service periods. to disclose on its own initiative any 38 U.S.C. 5727. Data changes may also impact information in the system, except the assessments of the effectiveness of the names and home addresses of veterans educational assistance program. and their dependents, that is relevant to Accordingly, local supervisory officials a suspected or reasonably imminent
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Approved: April 21, 2009. contains the candidate’s name and Congress or staff person acting for the John R. Gingrich, social security number, name and member when the member or staff Chief of Staff, Department of Veterans Affairs. address of the lending institution, person requests the records on behalf of original loan amount, current loan and at the request of that individual. 115VA10 amount, and the purpose of the loan as 5. Disclosure may be made to the SYSTEM NAME: stated on the loan application. The National Archives and Record Administration (NARA) and the General Education Debt Reduction Program- EDRP Acceptance of Conditions Services Administration (GSA) in VA. contains the name of a candidate approved for an award and the records management inspections SYSTEM LOCATION: authorized number of debt reduction conducted under authority of Title 44 Records will be maintained at the payments and their related amounts. United States Code. 6. Disclosure of information to the Health Care Staff Development and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Retention Office (HCSDRO/10A2D), Federal Labor Relations Authority Veterans Health Administration, Title 38, U.S.C., Sections 501, 503, (FLRA), including its General Counsel, Department of Veterans Affairs (VA), 7451, 7452, and 7431–7440. when requested in connection with the 1555 Poydras Street, Suite 1971, New PURPOSE(S): investigation and resolution of allegations of unfair labor practices, in Orleans, Louisiana 70112; the Austin The records and information may be connection with the resolution of Automation Center, Department of used for determining and documenting exceptions to arbitrator awards when a Veterans Affairs, 1615 East Woodward individual applicant eligibility for debt question of material fact is raised, in Street, Austin, Texas 78772; and the VA reduction awards; determining the debt connection with matters before the health care facilities and VISN offices reduction payment amounts and the Federal Service Impasses Panel, and to where scholarship recipients are related service periods for award investigate representation petitions and employed. Address locations for VA recipients; ensuring that award amounts conduct or supervise representation health care facilities are listed in VA are consistent with applicable law, elections. Appendix 1 of the Biennial Publication regulations and policy; monitoring the of Privacy Act Issuances. Complete 7. Disclosure may be made to officials employment status of scholarship of labor organizations recognized under records will be maintained only at the recipients during their service periods; HCSDRO address. 5 U.S.C. chapter 71 when relevant and terminating an employee’s participation necessary to their duties of exclusive in the program; and evaluating and CATEGORIES OF INDIVIDUALS COVERED BY THE representation concerning personnel SYSTEM: reporting program results and policies, practices, and matters affecting VA employees who apply for and are effectiveness. working conditions. granted or denied educational assistance ROUTINE USES OF RECORDS MAINTAINED IN THE 8. Disclosure may be made to the VA- awards under the provisions of the VA SYSTEM, INCLUDING CATEGORIES OF USERS AND appointed representative of an Education Debt Reduction Program THE PURPOSES OF SUCH USES: employee, including all notices, (EDRP) serving under an appointment To the extent that records contained determinations, decisions, or other under Title 38 U.S.C., Section 7402(b) in in the system include information written communications issued to the a position for which retention of protected by 45 CFR Parts 160 and 164, employee in connection with an qualified healthcare personnel is i.e., individually identifiable health examination ordered by VA under difficult. information, and 38 U.S.C. 7332, i.e., medical evaluation (formerly fitness-for- medical treatment information related to duty) examination procedures or CATEGORIES OF RECORDS IN THE SYSTEM: drug abuse, alcoholism or alcohol abuse, Department-filed disability retirement Records (or information contained in sickle cell anemia or infection with the procedures. records) in this system may include: human immunodeficiency virus, that 9. Disclosure may be made to officials Personal identification information information cannot be disclosed under a of the Merit Systems Protection Board, related to the application material, routine use unless there is also specific including the Office of the Special award processes, employment, and statutory authority in 38 U.S.C. 7332 Counsel, when requested in connection EDRP service periods such as (1) name, and regulatory authority in 45 CFR Parts with appeals, special studies of the civil (2) employing facility number, (3) 160 and 164 permitting disclosure. service and other merit systems, review telephone number(s), (4) social security 1. Disclosure of any information in of rules and regulations, investigation of number, (5) debt reduction payment this system that is necessary to verify alleged or possible prohibited personnel amounts, (6) dates of service periods, (7) authenticity of the application may be practices, and such other functions, name and address of the lending made to lending institutions and other promulgated in 5 U.S.C. 1205 and 1206, institution, (8) academic degree relevant organizations or individuals. or as may be authorized by law. obtained for which EDRP funding is 2. Disclosure of any information in 10. Disclosure may be made to the requested, (9) name and address of this system may be made to a Federal Equal Employment Opportunity academic institution, (10) original agency in order to determine if an Commission when requested in amount of loan, and (11) current loan applicant has any obligation under connection with investigations of balance. Most of this information is another Federal program that would alleged or possible discrimination contained on the application for an render the applicant ineligible to practices, examination of Federal EDRP award including the applicant’s participate in the Education Debt affirmative employment programs, full name, employing facility number, Reduction Program. compliance with the Uniform home and work telephone numbers, 3. Any information in the system may Guidelines of Employee Selection social security number, job title, degree be used to evaluate and report program Procedures, or other functions of the obtained for which funding is requested, results and effectiveness to appropriate Commission as authorized by law or name and address of the academic officials including members of Congress regulation. institution, and the amount and number on a routine and ad hoc basis. 11. VA may disclose information from of debt reduction payments requested. 4. Disclosure of information in this this system of records to the Department The EDRP Loan Verification Form system may be made to a member of of Justice (DoJ), either on VA’s initiative
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or in response to DoJ’s request for the system of records has been security services. Records stored on information, after either VA or DoJ compromised; (2) the Department has electronic media are maintained on a determines that such information is determined that as a result of the VA-approved and managed, password- relevant to DoJ’s representation of the suspected or confirmed compromise, protected, secure local area network United States or any of its components there is a risk of embarrassment or harm (LAN) located within HCSDRO office in legal proceedings before a court or to the reputations of the record subjects, spaces and safeguarded as described adjudicative body, provided that, in harm to economic or property interests, above. Records stored on electronic each case, the agency also determines identity theft or fraud, or harm to the media at Veterans Integrated Service prior to disclosure that release of the security, confidentiality, or integrity of Network (VISN) Offices, VA health care records to the DoJ is a use of the this system or other systems or facilities and the Austin Automation information contained in the records programs (whether maintained by the Center (AAC) in Austin, Texas, are that is compatible with the purpose for Department or another agency or entity) provided equivalent safeguards subject which VA collected the records. VA, on that rely upon the potentially to local policies mandating protection of its own initiative, may disclose records compromised information; and (3) the information subject to federal in this system of records in legal disclosure is to agencies, entities, or safeguards. proceedings before a court or persons whom VA determines are RETENTION AND DISPOSAL: administrative body after determining reasonably necessary to assist or carry Records will be maintained and that the disclosure of the records to the out the Department’s efforts to respond disposed of in accordance with records court or administrative body is a use of to the suspected or confirmed disposition authority approved by the the information contained in the records compromise and prevent, minimize, or Archivist of the United States. that is compatible with the purpose for remedy such harm. This routine use which VA collected the records. permits disclosures by the Department SYSTEM MANAGER(S) AND ADDRESS: 12. Disclosure of relevant information to respond to a suspected or confirmed Director, Health Care Staff may be made to individuals, data breach, including the conduct of Development and Retention Office organizations, private or public any risk analysis or provision of credit (10A2D), Veterans Health agencies, or other entities with whom protection services as provided in 38 Administration, Department of Veterans VA has a contract or agreement or where U.S.C. 5724, as the terms are defined in Affairs, 1555 Poydras Street, Suite 1971, there is a subcontract to perform such 38 U.S.C. 5727. New Orleans, Louisiana 70112. services as VA may deem practicable for the purposes of laws administered by DISCLOSURE TO CONSUMER REPORTING NOTIFICATION PROCEDURE: VA, in order for the contractor or AGENCIES: Any individual who wishes to subcontractor to perform the services of Pursuant to 5 U.S.C. 552a(b)(12), VA determine whether a record is being the contract or agreement. may disclose records from this system to maintained in this system under his or 13. VA may disclose on its own consumer reporting agencies as defined her name or other personal identifier, or initiative any information in the system, in the Fair Credit Reporting Act (15 wants to determine the contents of such except the names and home addresses of U.S.C. 1681a(f)) or the Federal Claims records, should submit a written request veterans and their dependents, that is Collection Act of 1966 (31 U.S.C. or apply in person to the Director, relevant to a suspected or reasonably 3701(a)(3)). Health Care Staff Development and imminent violation of the law whether Retention Office, Veterans Health POLICIES AND PRACTICES FOR STORING, civil, criminal, or regulatory in nature Administration, Department of Veterans and whether arising by general or RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Affairs, 1555 Poydras Street, Suite 1971, program statute or by regulation, rule, or New Orleans, Louisiana 70112. order issued pursuant thereto, to a STORAGE: Federal, state, local, tribal, or foreign Records are maintained on paper, RECORD ACCESS PROCEDURE: agency charged with the responsibility electronic media and computer Individuals seeking information of investigating or prosecuting such printouts. regarding access to and contesting of VA violation, or charged with enforcing or records in this system may write, call or implementing the statute, regulation, RETRIEVABILITY: visit the Director, Health Care Staff rule, or order. VA may also disclose on Records are retrieved by use of the Development and Retention Office its own initiative the names and award number or an equivalent (10A2D), Veterans Health addresses of veterans and their participant account number assigned by Administration, Department of Veterans dependents to a Federal agency charged HCSDRO, Social Security Number and Affairs, 1555 Poydras Street, Suite 1971, with the responsibility of investigating the name of the individual. New Orleans, Louisiana 70112. The or prosecuting civil, criminal, or telephone number is (504) 589–5267. regulatory violations of law, or charged SAFEGUARDS: with enforcing or implementing the Access to the basic file in HCSDRO is CONTESTING RECORD PROCEDURES: statute, regulation, or order issued restricted to authorized VA employees (See Record Access Procedures pursuant thereto. and vendors. Access to the office spaces above.) 14. Disclosure to other Federal where electronic media is maintained RECORD SOURCE CATEGORIES: within HCSDRO is further restricted to agencies may be made to assist such Information contained in the records specifically authorized employees and agencies in preventing and detecting is obtained from the individual, is protected by contracted building possible fraud or abuse by individuals references given in application material, security services. Records (typically in their operations and programs. educational institutions, VA medical 15. VA may, on its own initiative, computer printouts) at HCSDRO will be facilities, the VA AAC, other Federal disclose any information or records to kept in locked files and made available agencies, State agencies and consumer appropriate agencies, entities, and only to authorized personnel on a need- reporting agencies. persons when (1) VA suspects or has to-know basis. During non-working confirmed that the integrity or hours the file is locked and the building [FR Doc. E9–10626 Filed 5–6–09; 8:45 am] confidentiality of information in the is protected by contracted building BILLING CODE P
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Part II
Department of the Treasury Internal Revenue Service
26 CFR Parts 1, 20, and 25 Use of Actuarial Tables in Valuing Annuities, Interests for Life or Terms of Years, and Remainder or Reversionary Interests; Final Rule and Proposed Rule
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DEPARTMENT OF THE TREASURY Applicability Date: These regulations (Single Life Remainder Factors) and apply on May 1, 2009. Table U(1) (Unitrust Single Life Internal Revenue Service FOR FURTHER INFORMATION CONTACT: Remainder Factors), effective for Mayer R. Samuels, (202) 622–3090 (not transfers for which the valuation date is 26 CFR Parts 1, 20, and 25 a toll-free number). on or after May 1, 2009, based on data SUPPLEMENTARY INFORMATION: compiled from the 2000 census as set [TD 9448] forth in Life Table 2000CM, and make Background conforming amendments to various RIN 1545–BH96; RIN 1545–BI56 This document contains amendments sections to reflect the revised tables. At to the regulations revising certain tables Use of Actuarial Tables in Valuing the same time, in the portions of these used for the valuation of partial interests regulations that are final regulations, Annuities, Interests for Life or Terms in property under section 7520 of the of Years, and Remainder or REG–105643–09, the current tables, Internal Revenue Code of 1986 (Code) to effective for transfers for which the Reversionary Interests reflect the most recent mortality valuation date is after April 30, 1999, experience available. AGENCY: Internal Revenue Service (IRS), and before May 1, 2009, are moved to Treasury. In General sections containing actuarial material ACTION: Final and temporary Section 7520, effective for transfers for historical reference. Table B, Table regulations. for which the valuation date is after D, Tables F(4.2) through F(14.0), Table April 30, 1989, provides generally that J, and Table K, which are not based on SUMMARY: This document contains the value of an annuity, an interest for mortality experience, are not changed. regulations relating to the use of life or a term of years, and a remainder Internal Revenue Service Publications actuarial tables in valuing annuities, or reversionary interest is to be 1457 ‘‘Actuarial Valuations Version 3A’’ interests for life or terms of years, and determined under tables published by (forthcoming 2009), 1458 ‘‘Actuarial remainder or reversionary interests. the Secretary by using an interest rate Valuations Version 3B’’ (forthcoming These regulations will affect the (rounded to the nearest two-tenths of 2009), and 1459 ‘‘Actuarial Valuations valuation of inter vivos and one percent) equal to 120 percent of the Version 3C’’ (forthcoming 2009) will testamentary transfers of interests Federal midterm rate in effect under contain a complete set of actuarial tables dependent on one or more measuring section 1274(d)(1) for the month in that include factors not contained in the lives. These regulations are necessary which the valuation date falls. Section because section 7520(c)(3) directs the temporary regulations (for example, 7520(c)(3) directed the Secretary to annuity and life interest factors). These Secretary to update the actuarial tables issue tables not later than December 31, to reflect the most recent mortality publications will be available beginning 1989, utilizing the then most recent May 1, 2009, at no charge, electronically experience available. The text of the mortality experience. Thereafter, the temporary regulations also serves as the via the IRS Internet site at http:// Secretary is directed to revise these www.irs.gov. text of the proposed regulations set forth tables not less frequently than once each in the notice of proposed rulemaking on 10 years to take into account the most The following chart summarizes the this subject elsewhere in this issue of recent mortality experience available as applicable interest rates and the the Federal Register. of the time of the revision. citations to textual materials and tables DATES: Effective Date: These regulations These temporary regulations, REG– for the various periods covered under are effective on May 1, 2009. 107845–08, incorporate revised Table S the current regulations:
CROSS REFERENCE TO REGULATION SECTIONS
Valuation period Interest rate Regulation section Table
Section 642: Valuation, in general ...... 1.642(c)–6. before 01/01/52 ...... 4% ...... 1.642(c)–6A(a). 01/01/52–12/31/70 ...... 3.5% ...... 1.642(c)–6A(b). 01/01/71–11/30/83 ...... 6% ...... 1.642(c)–6A(c). 12/01/83–04/30/89 ...... 10% ...... 1.642(c)–6A(d) ...... Table G. 05/01/89–04/30/99 ...... § 7520 ...... 1.642(c)–6A(e) ...... Table S (5/1/89–4/30/99). 05/01/99–04/30/09 ...... § 7520 ...... 1.642(c)–6A(f) ...... Table S (5/1/99–04/30/09). on or after 05/01/09 ...... § 7520 ...... 1.642(c)–6T(e) ...... Table S (on or after 05/01/09). Section 664: Valuation, in general ...... 1.664–4. before 01/01/52 ...... 4% ...... 1.664–4A(a). 01/01/52–12/31/70 ...... 3.5% ...... 1.664–4A(b). 01/01/71–11/30/83 ...... 6% ...... 1.664–4A(c). 12/01/83–04/30/89 ...... 10% ...... 1.664–4A(d) ...... Table E, Table F(1). 05/01/89–04/30/99 ...... § 7520 ...... 1.664–4A(e) ...... Table U(1) (5/1/89–4/30/99). 05/01/99–04/30/09 ...... § 7520 ...... 1.664–4A(f) ...... Table U(1) (5/1/99–04/30/09). on or after 05/01/09 ...... § 7520 ...... 1.664–4T(e) ...... Table U(1) (on or after 05/01/09). 1.664–4(e) ...... Table D and Tables F(4.2)–F (14.0). Section 2031: Valuation, in general ...... 20.2031–7. before 01/01/52 ...... 4% ...... 20.2031–7A(a). 01/01/52–12/31/70 ...... 3.5% ...... 20.2031–7A(b). 01/01/71–11/30/83 ...... 6% ...... 20.2031–7A(c). 12/01/83–04/30/89 ...... 10% ...... 20.2031–7A(d) ...... Table A, Table B, Table LN.
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CROSS REFERENCE TO REGULATION SECTIONS—Continued
Valuation period Interest rate Regulation section Table
05/01/89–04/30/99 ...... § 7520 ...... 20.2031–7A(e) ...... Table S (5/1/89–4/30/99) and Life Table 80CNSMT. 05/01/99–04/30/09 ...... § 7520 ...... 20.2031–7A(f) ...... Table S (5/1/99–05/01/09) and Life Table 90CM. on or after 05/01/09 ...... § 7520 ...... 20.2031–7T(d) ...... Table S (on or after 05/01/09) and Life Table 2000CM. 20.2031–7(d) ...... Table B, Table J, Table K. Section 2512: Valuation, in general ...... 25.2512–5. before 01/01/52 ...... 4% ...... 25.2512–5A(a). 01/01/52–12/31/70 ...... 3.5% ...... 25.2512–5A(b). 01/01/71–11/30/83 ...... 6% ...... 25.2512–5A(c). 12/01/83–04/30/89 ...... 10% ...... 25.2512–5A(d). 05/01/89–04/30/99 ...... § 7520 ...... 25.2512–5A(e). 05/01/99–04/30/09 ...... § 7520 ...... 25.2512–5A(f). on or after 05/01/09 ...... § 7520 ...... 25.2512–5T(d).
Effective Dates on either Table 90CM or Table 2000CM IRS and Treasury Department may be used. However, if the valuation participated in their development. These regulations are applicable in date occurs after June 30, 2009, the List of Subjects the case of annuities, interests for life or executor or donor must use the new terms of years, and remainder or mortality experience contained in Table 26 CFR Part 1 reversionary interests valued as of a date 2000CM even if the use of a prior on or after May 1, 2009. Income taxes, Reporting and month’s interest rate is elected under recordkeeping requirements. Transitional Rules section 7520(a). In addition, for estate tax purposes, 26 CFR Part 20 The regulations provide certain the estate of a mentally incompetent Estate taxes, Reporting and transitional rules intended to alleviate decedent may elect to value the recordkeeping requirements. any adverse consequences resulting property interest included in the gross from the proposed regulatory change. estate either under the mortality table 26 CFR Part 25 For gift tax purposes, if the date of a and interest rate in effect at the time the Gift taxes, Reporting and transfer is on or after May 1, 2009, but decedent became mentally incompetent recordkeeping requirements. before July 1, 2009, the donor may or under the mortality table and interest choose to determine the value of the gift Adoption of Amendments to the rate in effect on the decedent’s date of Regulations (and/or any applicable charitable death if the decedent was under a deduction) under tables based on either mental incapacity that existed on May 1, ■ Accordingly, 26 CFR parts 1, 20, and Life Table 90CM or Table 2000CM. 2009, and continued uninterrupted until 25 are amended as follows: Similarly, for estate tax purposes, if the the decedent’s death, or the decedent decedent dies on or after May 1, 2009, died within 90 days after regaining PART 1—INCOME TAXES but before July 1, 2009, the value of any competency on or after May 1, 2009. ■ Paragraph 1. The authority citation interest (and/or any applicable for part 1 is amended by adding entries charitable deduction) may be Special Analyses in numerical order to read in part as determined in the discretion of the It has been determined that this follows: decedent’s executor under tables based Treasury decision is not a significant on either Life Table 90CM or Table regulatory action as defined in EO Authority: 26 U.S.C. 7805 * * *. 2000CM. However, the section 7520 Section 1.170A–12T also issued under 26 12866. Therefore, a regulatory U.S.C. 170(f)(4). interest rate to be utilized is the assessment is not required. For Section 1.642(c)–6T also issued under 26 appropriate rate for the month in which applicability of the Regulatory U.S.C. 642(c)(5). the valuation date occurs, subject to the Flexibility Act please refer to the cross- Section 1.664–4T also issued under 26 following special rule for certain referenced notice of proposed U.S.C. 664(a). charitable transfers. Specifically, in rulemaking published elsewhere in this Section 1.7520–1T also issued under 26 accordance with this transitional rule Federal Register. Pursuant to section U.S.C. 7520(c)(2). and the rules contained in §§ 1.7520– 7805(f) of the Internal Revenue Code, ■ Par. 2. Sections 1.170A–12 is 2(a)(2), 20.7520–2(a)(2) and 25.7520– these regulations have been submitted amended by revising paragraphs (b)(2) 2(a)(2), in cases involving a charitable to the Chief Counsel for Advocacy of the and (b)(3) and adding paragraph (f) to deduction, if the valuation date occurs Small Business Administration for read as follows: on or after May 7, 2009, and before July comment on its impact on small 1, 2009, and the executor or donor elects business. § 1.170A–12 Valuation of a remainder under section 7520(a) to use the section interest in real property for contributions 7520 interest rate for March 2009 or Drafting Information made after July 31, 1969. April 2009, then the mortality The principal author of these * * * * * experience contained in 90CM must be regulations is Mayer R. Samuels, Office (b)(2) and (b)(3) [Reserved]. For used. If the executor or donor uses the of the Associate Chief Counsel further guidance, see § 1.170A–12T(b)(2) section 7520 interest rate for May 2009 (Passthroughs and Special Industries), and (b)(3). or for June 2009, then the tables based IRS. However, other personnel from the * * * * *
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(f) Effective/applicability date. This depreciates on a straight-line basis over 30, 1989, and before May 1, 1999, section applies to contributions made its estimated useful life. For transfers for special factors for determining the after July 31, 1969. which the valuation date is on or after present value of a remainder interest ■ Par. 3. Section 1.170A–12T is added May 1, 2009, special factors for following one life and an example to read as follows: determining the present value of a describing the computation are § 1.170A–12T Valuation of a remainder remainder interest following one life contained in Internal Revenue Service interest in real property for contributions and an example describing the Publication 1459, ‘‘Actuarial Values, made after July 31, 1969 (temporary). computation are contained in Internal Gamma Volume,’’ (8–89). These (a) through (b)(1) [Reserved]. For Revenue Service Publication 1459, publications are no longer available for further guidance see § 1.170A–12(a) ‘‘Actuarial Valuations Version 3C’’ purchase from the Superintendent of through (b)(1). (2009). This publication will be Documents, United States Government (b)(2) Computation of depreciation available beginning May 1, 2009, at no Printing Office. However, they may be factor. If the valuation of the remainder charge, electronically via the IRS obtained by requesting a copy from: interest in depreciable property is Internet site at http://www.irs.gov. For CC:PA:LPD:PR (IRS Publication 1459), dependent upon the continuation of one transfers for which the valuation date is Room 5205, Internal Revenue Service, life, a special factor must be used. The after April 30, 1999, and before May 1, P.O. Box 7604, Ben Franklin Station, factor determined under this paragraph 2009, special factors for determining the Washington, DC 20044. See, however, (b)(2) is carried to the fifth decimal present value of a remainder interest § 1.7520–3(b) (relating to exceptions to place. The special factor is to be following one life and an example the use of prescribed tables under computed on the basis of the interest describing the computation are certain circumstances). Otherwise, in rate and life contingencies prescribed in contained in Internal Revenue Service the case of the valuation of a remainder § 20.2031–7T (or for periods before May Publication 1459, ‘‘Actuarial Values, interest following one life, the special 1, 2009, § 20.2031–7A) and on the Book Gimel,’’ (7–99). For transfers for factor may be obtained through use of assumption that the property which the valuation date is after April the following formula:
n−1 ⎡⎛ ⎞ ⎛ ⎞⎤ ⎛ i ⎞ + l l ⎛ 1 t ⎞ ⎜1 + ⎟∑vt 1 ⎢⎜11− x+t+1 ⎟ −−⎜ x+t ⎟⎥ ⎜1 −−⎟ ⎝ 2 ⎠ t=0 ⎣⎢⎝ lx ⎠ ⎝ lx ⎠⎦⎥ ⎝ 2n n ⎠
Where: prescribed under section 7520 is 8.4 percent. § 1.642(c)–6 Valuation of a remainder n = the estimated number of years of useful Based on an interest rate of 8.4 percent, the interest in property transferred to a pooled life, remainder factor for $1.00 prescribed in income fund. i = the applicable interest rate under section § 20.2031–7T(d) for a person age 62 is * * * * * 7520 of the Internal Revenue Code, 0.26534. The value of the nondepreciable v = 1 divided by the sum of 1 plus the remainder interest is $13,267.00 (0.26534 (d) and (e) [Reserved]. For further applicable interest rate under section times $50,000). The value of the depreciable guidance, see § 1.642(c)–6T(d) and (e). 7520 of the Internal Revenue Code, remainder interest is $15,053.60 (0.18817, (f) Effective/applicability dates. This x = the age of the life tenant, and computed under the formula described in section applies after April 30, 1999, and lx = number of persons living at age x as set paragraph (b)(2) of this section, times forth in Table 2000CM of § 20.2031–7T $80,000). Therefore, the value of the before May 1, 2009. (or, for periods before May 1, 2009, the remainder interest is $28,320.60. ■ Par. 5. Section 1.642(c)–6T is added tables set forth under § 20.2031–7A). (c) through (e) [Reserved]. For further to read as follows: (3) The following example illustrates guidance see § 1.170A–12(c) through (e). the provisions of this paragraph § 1.642(c)–6T Valuation of a remainder (f) Effective/applicability date. interest in property transferred to a pooled (b): Example. A, who is 62, donates to Y Paragraphs (b)(2) and (b)(3) apply to all income fund (temporary). University a remainder interest in a personal contributions made on or after May 1, residence, consisting of a house and land, 2009. (a) through (c) [Reserved]. For further subject to a reserved life estate in A. At the (g) Expiration date. Paragraphs (b)(2) guidance, see § 1.642(c)–6(a) through time of the gift, the land has a value of and (b)(3) expire on or before May 1, (c). $30,000 and the house has a value of $100,000 with an estimated useful life of 45 2012. (d) Valuation. The present value of years, at the end of which period the value ■ Par. 4. Section 1.642(c)–6 is amended the remainder interest in property of the house is expected to be $20,000. The as follows: transferred to a pooled income fund on portion of the property considered to be ■ 1. Paragraph (d) is removed. or after May 1, 2009, is determined depreciable is $80,000 (the value of the house ■ 2. Paragraph (e) is redesignated as under paragraph (e) of this section. The ($100,000) less its expected value at the end paragraph (f) of § 1.642(c)–6A. present value of the remainder interest of 45 years ($20,000)). The portion of the ■ in property transferred to a pooled property considered to be nondepreciable is 3. New paragraphs (d) and (e) are $50,000 (the value of the land at the time of added. income fund for which the valuation the gift ($30,000) plus the expected value of ■ 4. Paragraph (f) is revised. date is before May 1, 2009, is the house at the end of 45 years ($20,000)). The revisions and addition read as determined under the following At the time of the gift, the interest rate follows: sections:
Valuation dates Applicable regulations After Before
01–01–52 ...... 1.642(c)–6A(a). 12–31–51 ...... 01–01–71 ...... 1.642(c)–6A(b).
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Valuation dates Applicable regulations After Before
12–31–70 ...... 12–01–83 ...... 1.642(c)–6A(c). 11–30–83 ...... 05–01–89 ...... 1.642(c)–6A(d). 04–30–89 ...... 05–01–99 ...... 1.642(c)–6A(e). 04–30–99 ...... 05–01–09 ...... 1.642(c)–6A(f).
(e) Present value of the remainder appropriate actuarial tables under either fund is determined by treating the fund interest in the case of transfers to pooled paragraph (e)(6) of this section or as a pooled income fund that has been income funds for which the valuation § 1.642(c)–6A(f)(6), the donor or in existence for less than 3 preceding date is on or after May 1, 2009—(1) In decedent’s executor must use the same taxable years. general. In the case of transfers to actuarial table with respect to each (4) Pooled income funds in existence pooled income funds for which the individual transaction and with respect less than 3 taxable years. If a pooled valuation date is on or after May 1, to all transfers occurring on the income fund has been in existence less 2009, the present value of a remainder valuation date (for example, gift and than 3 taxable years immediately interest is determined under this income tax charitable deductions with preceding the taxable year in which the section. See, however, § 1.7520–3(b) respect to the same transfer must be transfer is made to the fund and the (relating to exceptions to the use of determined based on the same tables, transfer to the fund is made after April prescribed tables under certain and all assets includible in the gross 30, 1989, the highest rate of return is circumstances). The present value of a estate and/or estate tax deductions deemed to be the interest rate (rounded remainder interest that is dependent on claimed must be valued based on the to the nearest two-tenths of one percent) the termination of the life of one same tables). that is 1 percent less than the highest individual is computed by the use of (3) Present value of a remainder annual average of the monthly section Table S in paragraph (e)(6) of this interest. The present value of a 7520 rates for the 3 calendar years section. For purposes of the remainder interest in property immediately preceding the calendar computations under this section, the age transferred to a pooled income fund is year in which the transfer to the pooled of an individual is the age at the computed on the basis of— income fund is made. The deemed rate individual’s nearest birthday. (i) Life contingencies determined from of return for transfers to new pooled (2) Transitional rules for valuation of the values of lx that are set forth in income funds is recomputed each transfers to pooled income funds. (i) For Table 2000CM in § 20.2031–7T(d)(7) calendar year using the monthly section purposes of sections 2055, 2106, or (see § 20.2031–7A for certain prior 7520 rates for the 3-year period 2624, if on May 1, 2009, the decedent periods); and immediately preceding the calendar was mentally incompetent so that the (ii) Discount at a rate of interest, year in which each transfer to the fund disposition of the property could not be compounded annually, equal to the is made until the fund has been in changed, and the decedent died on or highest yearly rate of return of the existence for 3 taxable years and can after May 1, 2009, without having pooled income fund for the 3 taxable compute its highest rate of return for the regained competency to dispose of the years immediately preceding its taxable 3 taxable years immediately preceding decedent’s property, or the decedent year in which the transfer of property to the taxable year in which the transfer of died within 90 days of the date that the the fund is made. For purposes of this property to the fund is made in decedent first regained competency on paragraph (e), the yearly rate of return accordance with the rules set forth in or after May 1, 2009, the present value of a pooled income fund is determined the first sentence of paragraph (e)(3)(ii) of a remainder interest is determined as as provided in § 1.642(c)–6(c) unless the of this section. if the valuation date with respect to the highest rate of return is deemed to be (5) Computation of value of remainder decedent’s gross estate is either before the rate described in paragraph (e)(4) of interest. (i) The factor that is used in or after May 1, 2009, at the option of the this section for funds in existence less determining the present value of a decedent’s executor. than 3 taxable years. For purposes of remainder interest that is dependent on (ii) For purposes of sections 170, this paragraph (e)(3)(ii), the first taxable the termination of the life of one 2055, 2106, 2522, or 2624, in the case year of a pooled income fund is individual is the factor from Table S in of transfers to a pooled income fund for considered a taxable year even though paragraph (e)(6) of this section under which the valuation date is on or after the taxable year consists of less than 12 the appropriate yearly rate of return May 1, 2009, and before July 1, 2009, months. However, appropriate opposite the number that corresponds to the present value of the remainder adjustments must be made to annualize the age of the individual upon whose interest under this section is determined the rate of return earned by the fund for life the value of the remainder interest by use of the section 7520 interest rate that period. Where it appears from the is based (See § 1.642(c)–6A for certain for the month in which the valuation facts and circumstances that the highest prior periods). The tables in paragraph date occurs (see §§ 1.7520–1(b) and yearly rate of return of the fund for the (e)(6) of this section include factors for 1.7520–2(a)(2)) and the appropriate 3 taxable years immediately preceding yearly rates of return from 0.2 to 14 actuarial tables under either paragraph the taxable year in which the transfer of percent. Many actuarial factors not (e)(6) of this section or § 1.642(c)– property is made has been purposely contained in the tables in paragraph 6A(f)(6), at the option of the donor or manipulated to be substantially less (e)(6) of this section are contained in the decedent’s executor, as the case may than the rate of return that would Table S in Internal Revenue Service be. otherwise be reasonably anticipated Publication 1457, ‘‘Actuarial Valuations (iii) For purposes of paragraphs with the purpose of obtaining an Version 3A’’ (2009). This publication (e)(2)(i) and (e)(2)(ii) of this section, excessive charitable deduction, that rate will be available beginning May 1, 2009, where the donor or decedent’s executor of return may not be used. In that case, at no charge, electronically via the IRS is given the option to use the the highest yearly rate of return of the Internet site at http://www.irs.gov. For
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other situations, see § 1.642(c)–6(b). If years is 9.47 percent. In Table S, the Factor at 9.4 percent for age the yearly rate of return is a percentage remainder factor opposite 55 years under 9.4 55 ...... 16192 that is between the yearly rates of return percent is .16192 and under 9.6 percent is Less: Interpolation adjustment .00153 for which factors are provided, a linear .15755. The present value of the remainder interpolation must be made. The present interest is $16,039.00, computed as follows: Interpolated factor ...... 16039 value of the remainder interest is Factor at 9.4 percent for age 55 ...... 16192 Present value of remainder interest: determined by multiplying the fair Factor at 9.6 percent for age 55 ...... 15755 ($100,000 × .16039) = $16,039.00. market value of the property on the valuation date by the appropriate Difference ...... 00437 (6) Actuarial tables. In the case of remainder factor. Interpolation adjustment: transfers for which the valuation date is (ii) This paragraph (e)(5) may be on or after May 1, 2009, the present illustrated by the following example: 947.%− 94 .% x value of a remainder interest dependent = on the termination of one life in the case Example. A, who is 54 years and 8 months, 0.% 2 . 00437 transfers $100,000 to a pooled income fund, of a transfer to a pooled income fund is and retains a life income interest in the x = .00153 determined by use of the following property. The highest yearly rate of return Table S: earned by the fund for its 3 preceding taxable BILLING CODE 4380–01–P
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BILLING CODE 4830–01–C
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(f) Effective/applicability date. This (ii) For purposes of sections 170, opposite the number that corresponds to section applies on or after May 1, 2009. 2055, 2106, 2522, or 2624, in the case the age of the individual upon whose (g) Expiration date. This section of transfers to a pooled income fund for life the value of the remainder interest expires on or before May 1, 2012. which the valuation date is after April is based. Table S in paragraph (f)(6) of ■ Par. 6. The undesignated center 30, 1999, and before July 1, 1999, the this section includes factors for yearly heading immediately preceding present value of the remainder interest rates of return from 4.2 to 14 percent. § 1.642(c)–6A is revised to read as under this section is determined by use Many actuarial factors not contained in follows: of the section 7520 interest rate for the Table S in paragraph (f)(6) of this month in which the valuation date section are contained in Table S in Pooled Income Fund Actuarial Tables occurs (see §§ 1.7520–1(b) and 1.7520– Internal Revenue Service Publication Applicable Before May 1, 2009 2(a)(2)) and the appropriate actuarial 1457, ‘‘Actuarial Values, Book Aleph,’’ tables under either paragraph (e)(5) or (7–99). Publication 1457 is no longer ■ Par. 7. Section 1.642(c)–6A is (f)(6) of this section, at the option of the available for purchase from the amended by: donor or the decedent’s executor, as the ■ 1. Revising the section heading. Superintendent of Documents, United ■ 2. Amending newly-designated case may be. States Government Printing Office. (iii) For purposes of paragraphs paragraph (f) as follows: However, pertinent factors in this ■ a. Paragraph (f) heading is revised. (f)(2)(i) and (f)(2)(ii) of this section, publication may be obtained by a ■ b. Paragraphs (f)(1), (f)(2), (f)(3), (f)(4), where the donor or decedent’s executor written request to: CC:PA:LPD:PR (IRS and (f)(5) are revised. is given the option to use the Publication 1457), Room 5205, Internal ■ c. The introductory text in paragraph appropriate actuarial tables under either Revenue Service, P.O. Box 7604, Ben (f)(6) and the heading preceding Table S paragraph (e)(5) or (f)(6) of this section, Franklin Station, Washington, DC are revised. the donor or decedent’s executor must 20044. For other situations, see ■ d. Paragraph (f)(7) is added. use the same actuarial table with respect § 1.642(c)–6(b). If the yearly rate of ■ The revisions and addition read as to each individual transaction and with return is a percentage that is between follows: respect to all transfers occurring on the the yearly rates of return for which valuation date (for example, gift and § 1.642(c)–6A Valuation of charitable factors are provided, a linear income tax charitable deductions with interpolation must be made. The present remainder interests for which the valuation respect to the same transfer must be date is before May 1, 2009. value of the remainder interest is determined based on the same tables, determined by multiplying the fair * * * * * and all assets includible in the gross (f) Present value of the remainder market value of the property on the estate and/or estate tax deductions valuation date by the appropriate interest in the case of transfers to pooled claimed must be valued based on the income funds for which the valuation remainder factor. For an example of a same tables). computation of the present value of a date is after April 30, 1999, and before (3) Present value of a remainder remainder interest requiring a linear May 1, 2009—(1) In general. In the case interest. The present value of a interpolation adjustment, see § 1.642(c)– of transfers to pooled income funds for remainder interest in property 6T(e)(5). which the valuation date is after April transferred to a pooled income fund is (6) Actuarial tables. In the case of 30, 1999, and before May 1, 2009, the computed on the basis of— present value of a remainder interest is (i) Life contingencies determined from transfers for which the valuation date is determined under this section. See, the values of lx that are set forth in after April 30, 1999, and before May 1, however, § 1.7520–3(b) (relating to Table 90CM in § 20.2031–7A(f)(4); and 2009, the present value of a remainder exceptions to the use of prescribed (ii) Discount at a rate of interest, interest dependent on the termination of tables under certain circumstances). The compounded annually, equal to the one life in the case of a transfer to a present value of a remainder interest highest yearly rate of return of the pooled income fund is determined by that is dependent on the termination of pooled income fund for the 3 taxable use of the following tables: the life of one individual is computed years immediately preceding its taxable TABLE S.—BASED ON LIFE TABLE by the use of Table S in paragraph (f)(6) year in which the transfer of property to 90CM SINGLE LIFE REMAINDER of this section. For purposes of the the fund is made. The provisions of FACTORS computations under this section, the age § 1.642(c)–6(c) apply for determining [Applicable After April 30, 1999, and of an individual is the age at the the yearly rate of return. However, Before May 1, 2009] individual’s nearest birthday. where the taxable year is less than 12 (2) Transitional rules for valuation of months, the provisions of § 1.642(c)– * * * * * transfers to pooled income funds. (i) For 6T(e)(3)(ii) apply for the determining (7) Effective/applicability dates. purposes of sections 2055, 2106, or the yearly rate of return. Paragraphs (f)(1) through (f)(6) apply 2624, if on May 1, 1999, the decedent (4) Pooled income funds in existence after April 30, 1999, and before May 1, was mentally incompetent so that the less than 3 taxable years. The 2009. disposition of the property could not be provisions of § 1.642(c)–6T(e)(4) apply ■ Par. 8. Section 1.664–2 is amended by changed, and the decedent died after for determining the highest yearly rate revising paragraph (c) and adding April 30, 1999, without having regained of return when the pooled income fund paragraph (e) to read as follows: competency to dispose of the decedent’s has been in existence less than 3 taxable property, or the decedent died within 90 years. § 1.664–2 Charitable remainder annuity days of the date that the decedent first (5) Computation of value of remainder trust. regained competency after April 30, interest. The factor that is used in * * * * * 1999, the present value of a remainder determining the present value of a (c) Calculation of the fair market interest is determined as if the valuation remainder interest that is dependent on value of the remainder interest of a date with respect to the decedent’s gross the termination of the life of one charitable remainder annuity trust. For estate is either before May 1, 1999, or individual is the factor from Table S in purposes of sections 170, 2055, 2106, after April 30, 1999, at the option of the paragraph (f)(6) of this section under the and 2522, the fair market value of the decedent’s executor. appropriate yearly rate of return remainder interest of a charitable
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remainder annuity trust (as described in ■ Par. 9. Section 1.664–4 is amended as the following tables are contained in this section) is the net fair market value follows: Internal Revenue Service Publication (as of the appropriate valuation date) of ■ 1. Paragraph (a)(1) is revised. 1458, ‘‘Actuarial Valuations Version the property placed in trust less the ■ 2. Paragraph (d) is removed. 3B’’ (2009). This publication will be present value of the annuity. For ■ 3. The heading for paragraph (e) is available beginning May 1, 2009, at no purposes of this section, valuation date redesignated as the heading for § 1.664– charge, electronically via the IRS means, in general, the date on which the 4A(f). Internet site at http://www.irs.gov. property is transferred to the trust by the ■ 4. Paragraphs (e)(1), (e)(2), (e)(5), and * * * * * donor regardless of when the trust is (e)(7) are redesignated as § 1.664– created. In the case of transfers to a 4A(f)(1), (f)(2), (f)(5) and (f)(6), (7) [Reserved]. For further guidance, charitable remainder annuity trust for respectively. see § 1.664–4T(e)(7). which the valuation date is after April ■ 5. New paragraphs (d), (e)(1), (e)(2), (f) Effective/applicability dates. This 30, 1999, if an election is made under and (e)(5) are added. section applies after April 30, 1999, and section 7520 and § 1.7520–2(b) to ■ 6. The heading and introductory text before May 1, 2009. compute the present value of the of paragraph (e)(6), preceding Table D, charitable interest by use of the interest is revised. ■ Par. 10. Section 1.664–4T is added to rate component for either of the 2 ■ 7. New paragraph (e)(7) is added. read as follows: months preceding the month in which ■ 8. Paragraph (f) is revised. The additions and revision read as § 1.664–4T Calculation of the fair market the transfer is made, the month so value of the remainder interest in a elected is the valuation date for follows: charitable remainder unitrust (temporary). purposes of determining the interest rate § 1.664–4 Calculation of the fair market (a) [Reserved]. For further guidance, and mortality tables. For purposes of value of the remainder interest in a section 2055 or 2106, the valuation date charitable remainder unitrust. see § 1.664–4(a). is the date of death unless the alternate (a) * * * (1) Life contingencies determined as valuation date is elected in accordance (1) [Reserved]. For further guidance, to each life involved, from the values of with section 2032 in which event, and see § 1.664–4T(a)(1). lx set forth in Table 2000CM contained within the limitations set forth in in § 20.2031–7T(d)(7) in the case of section 2032 and the regulations * * * * * (d) through (e)(2) [Reserved]. For transfers for which the valuation date is thereunder, the valuation date is the on or after May 1, 2009; or from Table alternate valuation date. If the further guidance, see § 1.664–4T(d) through (e)(2). 90CM contained in § 20.2031–7A(f)(4) decedent’s estate elects the alternate in the case of transfer for which the valuation date under section 2032 and * * * * * valuation date is after April 30, 1999, (5) [Reserved]. For further guidance, also elects, under section 7520 and and before May 1, 2009. See § 20.2031– § 1.7520–2(b), to use the interest rate see § 1.664–4T(e)(5). 7A(a) through (e), whichever is component for one of the 2 months (6) Actuarial Table D and F (4.2 applicable, for transfers for which the preceding the alternate valuation date, through 14.0) for transfers for which the valuation date is before May 1, 1999; the month so elected is the valuation valuation date is after April 30, 1989. (a)(2) through (c) [Reserved]. For further date for purposes of determining the For transfers for which the valuation guidance, see § 1.664–4(a)(2) through interest rate and mortality tables. The date is after April 30, 1989, the present present value of an annuity is computed value of a charitable remainder unitrust (c). under § 20.2031–7T(d) for transfers for interest that is dependent upon a term (d) Valuation. The fair market value of which the valuation date is on or after of years is determined by using the a remainder interest in a charitable May 1, 2009, or under § 20.2031–7A(a) section 7520 rate and the tables in this remainder unitrust (as described in through (f), whichever is applicable, for paragraph (e)(6). For transfers for which § 1.664–3) for transfers for which the transfers for which the valuation date is the valuation date is on or after May 1, valuation date is on or after May 1, before May 1, 2009. See, however, 2009, where the present value of a 2009, is its present value determined § 1.7520–3(b) (relating to exceptions to charitable remainder unitrust interest is under paragraph (e) of this section. The the use of prescribed tables under dependent on the termination of a life fair market value of a remainder interest certain circumstances). interest, see § 1.664–4T(e)(5). See, in a charitable remainder unitrust (as * * * * * however, § 1.7520–3(b) (relating to described in § 1.664–3) for transfers for (e) Effective/applicability date. exceptions to the use of prescribed which the valuation date is before May Paragraph (c)(1) applies after April 30, tables under certain circumstances). 1, 2009, is its present value determined 1989. Many actuarial factors not contained in under the following sections:
Valuation dates Applicable regulations After Before
01–01–52 ...... 1.664–4A(a). 12–31–51 ...... 01–01–71 ...... 1.664–4A(b). 12–31–70 ...... 12–01–83 ...... 1.664–4A(c). 11–30–83 ...... 05–01–89 ...... 1.664–4A(d). 04–30–89 ...... 05–01–99 ...... 1.664–4A(e). 04–30–99 ...... 05–01–09 ...... 1.664–4A(f).
(e) Valuation of charitable remainder valuation date is on or after May 1, of this section, in the case of transfers unitrusts having certain payout 2009—(1) In general. Except as for which the valuation date is on or sequences for transfers for which the otherwise provided in paragraph (e)(2) after May 1, 2009, the present value of
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a remainder interest is determined paragraph (e)(7) of this section or semiannually (on June 30 and December 31) under paragraphs (e)(3) through (e)(7) of § 1.664–4A(f)(6), the donor or 8 percent of the fair market value of the trust this section, provided that the amount decedent’s executor must use the same assets as of January 1st during A’s life. The of the payout as of any payout date actuarial table with respect to each section 7520 rate for January is 6.6 percent. during any taxable year of the trust is individual transaction and with respect Under Table F(6.6) in § 1.664–4(e)(6), the not larger than the amount that the trust to all transfers occurring on the appropriate adjustment factor is .953317 for could distribute on such date under valuation date (for example, gift and semiannual payments payable at the end of the semiannual period. The adjusted payout § 1.664–3(a)(1)(v) if the taxable year of income tax charitable deductions with × the trust were to end on such date. See, respect to the same transfer must be rate is 7.627% (8% .953317). Based on the however, § 1.7520–3(b) (relating to determined based on the same tables, remainder factors in Table U(1) in this section, the present value of the remainder exceptions to the use of the prescribed and all assets includible in the gross interest is $11,075.00, computed as follows: tables under certain circumstances). estate and/or estate tax deductions (2) Transitional rules for valuation of claimed must be valued based on the Factor at 7.6 percent at age 45 .... .11141 charitable remainder unitrusts. (i) For same tables). Factor at 7.8 percent at age 45 .... .10653 purposes of sections 2055, 2106, or (3) and (4) [Reserved]. For further Difference ...... 00488 2624, if on May 1, 2009, the decedent guidance, see § 1.664–4(e)(3) and (e)(4). Interpolation adjustment: was mentally incompetent so that the (5) Period is the life of one individual. − disposition of the property could not be (i) If the period described in § 1.664– 7.%.% 627 7 6 = x changed, and the decedent died on or 3(a)(5) is the life of one individual, the 0.% 2 . 00488 after May 1, 2009, without having factor that is used in determining the regained competency to dispose of the present value of the remainder interest x = .00066 decedent’s property, or the decedent for transfers for which the valuation died within 90 days of the date that the date is on or after May 1, 2009, is the Factor at 7.6 percent at age 45 .11141 decedent first regained competency on factor in Table U(1) in paragraph (e)(7) Less: Interpolation adjustment .00066 or after May 1, 2009, the present value of this section under the appropriate Interpolated Factor ...... 11075 of a remainder interest under this adjusted payout. For purposes of the Present value of remainder in- section is determined as if the valuation computations described in this terest: × date with respect to the decedent’s gross paragraph (e)(5), the age of an ($100,000 .11075) ...... $11,075.00 individual is the age of that individual estate is either before or after May 1, (6) [Reserved]. For further guidance, at the individual’s nearest birthday. If 2009, at the option of the decedent’s see § 1.664–4(e)(6). executor. the adjusted payout rate is an amount (ii) For purposes of sections 170, that is between adjusted payout rates for (7) Actuarial Table U(1) for transfers 2055, 2106, 2522, or 2624, in the case which factors are provided in the for which the valuation date is on or of transfers to a charitable remainder appropriate table, a linear interpolation after May 1, 2009. For transfers for unitrust for which the valuation date is must be made. The present value of the which the valuation date is on or after on or after May 1, 2009, and before July remainder interest is determined by May 1, 2009, the present value of a 1, 2009, the present value of a multiplying the net fair market value (as charitable remainder unitrust interest remainder interest based on one or more of the valuation date as determined in that is dependent on the termination of measuring lives is determined under § 1.664–4(e)(4)) of the property placed a life interest is determined by using the this section by use of the section 7520 in trust by the factor determined under section 7520 rate, Table U(1) in this interest rate for the month in which the this paragraph (e)(5). If the adjusted paragraph (e)(7) and Table F(4.2) valuation date occurs (see §§ 1.7520– payout rate is between 4.2 and 14 through (14.0) in § 1.664–4(e)(6). See, 1(b) and 1.7520–2(a)(2)) and the percent, see paragraph (e)(7) of this however, § 1.7520–3(b) (relating to appropriate actuarial tables under either section. If the adjusted payout rate is exceptions to the use of prescribed paragraph (e)(7) of this section or below 4.2 percent or greater than 14 tables under certain circumstances). § 1.664–4A(f)(6), at the option of the percent, see § 1.664–4(b). Many actuarial factors not contained in donor or the decedent’s executor, as the (ii) The application of paragraph the following tables are contained in case may be. (e)(5)(i) of this section may be illustrated Internal Revenue Service Publication (iii) For purposes of paragraphs by the following example: 1458, ‘‘Actuarial Valuations Version (e)(2)(i) and (e)(2)(ii) of this section, Example. A, who is 44 years and 11 3B’’ (2009). This publication will be where the donor or decedent’s executor months old, transfers $100,000 to a charitable available beginning May 1, 2009, at no is given the option to use the remainder unitrust on January 1st. The trust charge, electronically via the IRS appropriate actuarial tables under either instrument requires that the trust pay to A Internet site at http://www.irs.gov.
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BILLING CODE 4830–01–C
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(f) Effective/applicability date. This interest under this section is determined value of the remainder interest is section applies on or after May 1, 2009. as if the valuation date with respect to determined by multiplying the net fair (g) Expiration date. This section the decedent’s gross estate is either market value (as of the appropriate expires on or before May 1, 2012. before May 1, 1999, or after April 30, valuation date) of the property placed in ■ Par. 11. The undesignated center 1999, at the option of the decedent’s trust by the factor determined under this heading immediately preceding § 1.664– executor. paragraph. Generally, for purposes of 4A is revised to read as follows: (ii) For purposes of sections 170, this section, the valuation date is, in the 2055, 2106, 2522, or 2624, in the case case of an inter vivos transfer, the date Unitrust Actuarial Tables Applicable of transfers to a charitable remainder on which the property is transferred to Before May 1, 2009 unitrust for which the valuation date is the trust by the donor, and, in the case ■ Par. 12. Section 1.664–4A is amended after April 30, 1999, and before July 1, of a testamentary transfer under sections as follows: 1999, the present value of a remainder 2055, 2106, or 2624, the valuation date ■ 1. The section heading is revised. interest based on one or more measuring is the date of death. See § 1.664–4(e)(4) ■ 2. The heading of newly-designated lives is determined under this section for additional rules regarding the paragraph (f) is revised. by use of the section 7520 interest rate valuation date. See § 1.664–4(e)(4) for an ■ 3. Newly-designated paragraphs (f)(1) for the month in which the valuation example that illustrates the application and (f)(2) are revised. date occurs (see §§ 1.7520–1(b) and of this paragraph (f)(4). ■ 4. New paragraphs (f)(3) and (f)(4) are 1.7520–2(a)(2)) and the appropriate (5) Period is the life of one individual. added. actuarial tables under either paragraph If the period described in § 1.664–3(a)(5) ■ 5. Newly-designated paragraph (f)(5) (e)(6) or (f)(6) of this section, at the is the life of one individual, the factor is revised. option of the donor or the decedent’s that is used in determining the present ■ 6. In newly-designated paragraph executor, as the case may be. value of the remainder interest for (f)(6), the heading and the first (iii) For purposes of paragraphs transfers for which the valuation date is paragraph are revised. (f)(2)(i) and (f)(2)(ii) of this section, after April 30, 1999, and before May 1, ■ 7. The heading of Table U(1) is where the donor or decedent’s executor 2009, is the factor in Table U(1) in revised. is given the option to use the paragraph (f)(6) of this section under the ■ 8. Paragraph (f)(7) is added. appropriate actuarial tables under either appropriate adjusted payout. For The additions and revisions read as paragraph (e)(6) or (f)(6) of this section, purposes of the computations described follows: the donor or decedent’s executor must in this paragraph (f)(5), the age of an use the same actuarial table with respect individual is the age of that individual § 1.664–4A Valuation of charitable to each individual transaction and with at the individual’s nearest birthday. If remainder interests for which the valuation respect to all transfers occurring on the the adjusted payout rate is an amount date is before May 1, 2009. valuation date (for example, gift and that is between adjusted payout rates for * * * * * income tax charitable deductions with which factors are provided in the (f) Valuation of charitable remainder respect to the same transfer must be appropriate table, a linear interpolation unitrusts having certain payout determined based on the same tables, must be made. The rules provided in sequences for transfers for which the and all assets includible in the gross § 1.664–4T(e)(5) apply for determining valuation date is after April 30, 1999, estate and/or estate tax deductions the present value of the remainder and before May 1, 2009—(1) In general. claimed must be valued based on the interest. See § 1.664–4T(e)(5) for an Except as otherwise provided in same tables). example illustrating the application of paragraph (f)(2) of this section, in the (3) Adjusted payout rate. For transfers this paragraph (f)(5) (using current case of transfers for which the valuation for which the valuation date is after actuarial tables). date is after April 30, 1999, and before April 30, 1999, and before May 1, 2009, (6) Actuarial Table U(1) for transfers May 1, 2009, the present value of a the adjusted payout rate is determined for which the valuation date is after remainder interest is determined under by using the appropriate Table F, April 30, 1999, and before May 1, 2009. paragraphs (f)(3) through (f)(6) of this contained in § 1.664–4(e)(6), for the For transfers for which the valuation section, provided that the amount of the section 7520 interest rate applicable to date is after April 30, 1999, and before payout as of any payout date during any the transfer. If the interest rate is May 1, 2009, the present value of a taxable year of the trust is not larger between 4.2 and 14 percent, see § 1.664– charitable remainder unitrust interest than the amount that the trust could 4(e)(6). If the interest rate is below 4.2 that is dependent on the termination of distribute on such date under § 1.664– percent or greater than 14 percent, see a life interest is determined by using the 3(a)(1)(v) if the taxable year of the trust § 1.664–4(b). See § 1.664–4(e) for rules section 7520 rate, Table U(1) in this were to end on such date. See, however, applicable in determining the adjusted paragraph (f)(6), and Tables F(4.2) § 1.7520–3(b) (relating to exceptions to payout rate. through F(14.0) in § 1.664–4(e)(6). See, the use of the prescribed tables under (4) Period is a term of years. If the however, § 1.7520–3(b) (relating to certain circumstances). period described in § 1.664–3(a)(5) is a exceptions to the use of prescribed (2) Transitional rules for valuation of term of years, the factor that is used in tables under certain circumstances). charitable remainder unitrusts. (i) For determining the present value of the Many actuarial factors not contained in purposes of sections 2055, 2106, or remainder interest for transfers for the following tables are contained in 2624, if on May 1, 1999, the decedent which the valuation date is after April Internal Revenue Service Publication was mentally incompetent so that the 30, 1999, and before May 1, 2009, is the 1458, ‘‘Actuarial Values, Book Beth,’’ disposition of the property could not be factor under the appropriate adjusted (7–1999). Publication 1458 is no longer changed, and the decedent died after payout rate in Table D in § 1.664–4(e)(6) available for purchase from the April 30, 1999, without having regained corresponding to the number of years in Superintendent of Documents, United competency to dispose of the decedent’s the term. If the adjusted payout rate is States Government Printing Office. property, or the decedent died within 90 an amount that is between adjusted However, pertinent factors in this days of the date that the decedent first payout rates for which factors are publication may be obtained by a regained competency after April 30, provided in Table D, a linear written request to: CC:PA:LPD:PR (IRS 1999, the present value of a remainder interpolation must be made. The present Publication 1458), Room 5205, Internal
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Revenue Service, P.O.Box 7604, Ben interest rates between 2.2 and 22 transactions for which the valuation Franklin Station, Washington, DC percent for valuation dates after April date falls before May 1, 2009. 20044. 30, 1999, and before May 1, 2009. The (c) [Reserved]. For further guidance, following publications are no longer see § 1.7520–1(c). TABLE U(1)—BASED ON LIFE TABLE available for purchase from the (1) Regulation sections containing 90CM UNITRUST SINGLE LIFE Superintendent of Documents, United tables with interest rates between 0.2 REMAINDER FACTORS States Government Printing Office; and 14 percent for valuation dates on or [Applicable After April 30, 1999, and however, they may be obtained from after May 1, 2009. Section 1.642(c)– Before May 1, 2009] CC:PA:LPD:PR, Room 5205, Internal 6T(e)(6) contains Table S used for determining the present value of a * * * * * Revenue Service, P.O.Box 7604, Ben single life remainder interest in a pooled (7) Effective/applicability dates. Franklin Station, Washington, DC 20044: income fund as defined in § 1.642(c)–5. Paragraphs (f)(1) through (f)(6) apply See § 1.642(c)–6A for actuarial factors * * * * * after April 30, 1999, and before May 1, for one life applicable to valuation dates 2009. (d) Effective/applicability dates. This section applies after April 30, 1989, and before May 1, 2009. Section 1.664– ■ Par. 13. Section 1.7520–1 is amended 4(e)(6) contains Table F (payout factors) before May 1, 2009. by: and Table D (actuarial factors used in ■ ■ 1. Revising the section heading. Par. 14. Section 1.7520–1T is added to determining the present value of a ■ 2. Revising paragraphs (a)(1) and read as follows: remainder interest postponed for a term (a)(2). §1.7520–1T Valuation of annuities, of years). Section 1.664–4T(e)(7) ■ 3. Removing the last two sentences of unitrust interests, interests for life or contains Table U(1) (unitrust single life paragraph (b)(2) and adding a new terms of years, and remainder or remainder factors). These tables are sentence at the end of the paragraph. reversionary interests on or after May 1, used in determining the present value of ■ 4. Revising paragraph (c)(1). 2009 (temporary). a remainder interest in a charitable ■ 5. Revising the heading and (a) General actuarial valuations. (1) remainder unitrust as defined in introductory text of paragraph (c)(2). Except as otherwise provided in this § 1.664–3. See § 1.664–4A for unitrust ■ 6. Revising paragraph (d). section and in § 1.7520–3 (relating to single life remainder factors applicable The revisions and additions read as exceptions to the use of prescribed to valuation dates before May 1, 2009. follows: tables under certain circumstances), in Section 20.2031–7(d)(6) contains Table the case of certain transactions after B (actuarial factors used in determining § 1.7520–1 Valuation of annuities, unitrust April 30, 1989, subject to income tax, interests, interests for life or terms of years, the present value of an interest for a the fair market value of annuities, term of years), Table K (annuity end-of- and remainder or reversionary interests interests for life or for a term of years prior to May 1, 2009. interval adjustment factors), and Table J (including unitrust interests), (term certain annuity beginning-of- (a) General actuarial valuations. (1) remainders, and reversions is their interval adjustment factors). Section Except as otherwise provided in this present value determined under this 20.2031–7T(d)(7) contains Table S section and in § 1.7520–3 (relating to section. See § 20.2031–7T(d) (and, for (single life remainder factors), and Table exceptions to the use of prescribed certain prior periods, § 20.2031–7A) for 2000CM (mortality components). These tables under certain circumstances), in the computation of the value of tables are used in determining the the case of certain transactions after annuities, unitrust interests, life estates, present value of annuities, life estates, April 30, 1989, subject to income tax, terms for years, remainders, and remainders, and reversions. See the fair market value of annuities, reversions, other than interests § 20.2031–7A for single life remainder interests for life or for a term of years described in paragraphs (a)(2) and (a)(3) factors for one life and mortality (including unitrust interests), of this section. components applicable to valuation remainders, and reversions is their (2) For a transfer to a pooled income dates before May 1, 2009. present value determined under this fund on or after May 1, 2009, see (2) Internal Revenue Service section. For periods prior to May 1, § 1.642(c)–6T(e) (or, for certain prior publications containing tables with 2009, see § 20.2031–7A for the periods, § 1.642(c)–6A) with respect to interest rates between 0.2 and 22 computation of the value of annuities, the valuation of the remainder interest. percent for valuation dates on or after unitrust interests, life estates, terms for (3) [Reserved]. For further guidance, May 1, 2009. The following documents years, remainders, and reversions, other see § 1.7520–1(a)(3). are available beginning May 1, 2009, at than interests described in paragraphs (b)(1) [Reserved]. For further no charge, electronically via the IRS (a)(2) and (a)(3) of this section. guidance, see § 1.7520–1(b)(1). Internet site at http://www.irs.gov: (2) For a transfer to a pooled income (2) Mortality component. The (i) Internal Revenue Service fund prior to May 1, 2009, see mortality component reflects the Publication 1457, ‘‘Actuarial Valuations § 1.642(c)–6A with respect to the mortality data most recently available Version 3A’’ (2009). This publication valuation of the remainder interest. from the United States census. As new includes tables of valuation factors, as * * * * * mortality data becomes available after well as examples that show how to (b) * * * each decennial census, the mortality compute other valuation factors, for (2) * * * For transactions with component described in this section determining the present value of valuation dates after April 30, 1989, and will be revised periodically and the annuities, life estates, terms of years, before May 1, 2009, the mortality revised mortality component tables will remainders, and reversions, measured component tables are contained in be published in the regulations at that by one or two lives. These factors may § 20.2031–7A. time. For transactions with valuation also be used in the valuation of interests (c) * * * dates on or after May 1, 2009, the in a charitable remainder annuity trust (1) [Reserved]. For further guidance, mortality component table (Table as defined in § 1.664–2 and a pooled see § 1.7520–1T(c)(1). 2000CM) is contained in § 20.2031– income fund as defined in § 1.642(c)–5. (2) Internal Revenue Service 7T(d)(7). See § 20.2031–7A for mortality (ii) Internal Revenue Service publications containing tables with component tables applicable to Publication 1458, ‘‘Actuarial Valuations
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Version 3B’’ (2009). This publication § 20.2031–1 Definition of gross estate; § 20.2031–7 Valuation of annuities, includes term certain tables and tables valuation of property. interests for life or term of years, and of one and two life valuation factors for § 20.2031–2 Valuation of stocks and bonds. remainder or reversionary interests. determining the present value of § 20.2031–3 Valuation of interests in * * * * * remainder interests in a charitable businesses. § 20.2031–4 Valuation of notes. (c) through (d)(5) [Reserved]. For remainder unitrust as defined in § 20.2031–5 Valuation of cash on hand or further guidance, see § 20.2031–7T(c) § 1.664–3. on deposit. through (d)(5). (iii) Internal Revenue Service § 20.2031–6 Valuation of household and * * * * * Publication 1459, ‘‘Actuarial Valuations personal effects. Version 3C’’ § 20.2031–7 Valuation of annuities, (7) [Reserved]. For further guidance, (2009). This publication includes interests for life or term of years, and see § 20.2031–7T(d)(7). tables for computing depreciation remainder or reversionary interests. (e) Effective/applicability dates. This adjustment factors. See § 1.170A–12T. § 20.2031–7T Valuation of annuities, section applies after April 30, 1999, and (d) Effective/applicability date. This interests for life or term of years, and before May 1, 2009. remainder or reversionary interests section applies on or after May 1, 2009. ■ (e) Expiration date. This section (temporary). Par. 18. Section 20.2031–7T is added expires on or before May 1, 2012. § 20.2031–8 Valuation of certain life to read as follows: insurance and annuity contracts; valuation of shares in an open-end § 20.2031–7T Valuation of annuities, PART 20—ESTATE TAX; ESTATES OF interests for life or term of years, and DECEDENTS DYING AFTER AUGUST investment company. § 20.2031–9 Valuation of other property. remainder or reversionary interests 16, 1954 (temporary). Actuarial Tables Applicable Before May 1, ■ Par. 15. The authority citation for part 2009 (a) through (b) [Reserved]. For further 20 is amended by adding entries in § 20.2031–7A Valuation of annuities, information see § 20.2031–7(a) through numerical order to read in part as interests for life or term of years, and (b). follows: remainder or reversionary interests for (c) Actuarial valuations. The present estates of decedents for which the Authority: 26 U.S.C. 7805 * * * value of annuities, life estates, terms of valuation date of the gross estate is Section 20.2031–7T also issued under 26 years, remainders, and reversions for before May 1, 2009. U.S.C. 7520(c)(2). estates of decedents for which the Section 20.7520–1T also issued under 26 ■ Par. 17. Section 20.2031–7 is valuation date of the gross estate is on U.S.C. 7520(c)(2). * * * amended as follows: or after May 1, 2009, is determined under paragraph (d) of this section. The ■ Par. 16. Section 20.2031–0 is revised ■ 1. Revising paragraphs (c), (d)(1), present value of annuities, life estates, to read as follows: (d)(2), (d)(3), (d)(4), (d)(5), and (e). terms of years, remainders, and § 20.2031–0 Table of contents. ■ 2. Redesignating paragraph (d)(7) as reversions for estates of decedents for This section lists the section headings paragraph (f)(4) of § 20.2031–7A. which the valuation date of the gross and undesignated center headings that ■ 3. Adding new paragraph (d)(7). estate is before May 1, 2009, is appear in the regulations under section The revisions and additions read as determined under the following 2031. follows: sections:
Valuation date Applicable regulations After Before
01–01–52 ...... 20.2031–7A(a). 12–31–51 ...... 01–01–71 ...... 20.2031–7A(b). 12–31–70 ...... 12–01–83 ...... 20.2031–7A(c). 11–30–83 ...... 05–01–89 ...... 20.2031–7A(d). 04–30–89 ...... 05–01–99 ...... 20.2031–7A(e). 04–30–99 ...... 05–01–09 ...... 20.2031–7A(f).
(d) Actuarial valuations on or after purposes of the computations described determined under § 1.664–4T(e). The May 1, 2009—(1) In general. Except as in this section, the age of an individual fair market value of a life interest or otherwise provided in paragraph (b) of is the age of that individual at the term of years in a charitable remainder this section and § 20.7520–3(b) individual’s nearest birthday. See unitrust is the fair market value of the (pertaining to certain limitations on the §§ 20.7520–1 through 20.7520–4. property as of the date of valuation less use of prescribed tables), if the valuation (2) Specific interests—(i) Charitable the fair market value of the remainder date for the gross estate of the decedent remainder trusts. The fair market value interest on that date determined under is on or after May 1, 2009, the fair of a remainder interest in a pooled § 1.664–4T(e)(4) and (5). market value of annuities, life estates, income fund, as defined in § 1.642(c)–5, (ii) Ordinary remainder and terms of years, remainders, and is its value determined under reversionary interests. If the interest to reversionary interests is the present § 1.642(c)–6T(e). The fair market value be valued is to take effect after a definite value determined by use of standard or of a remainder interest in a charitable number of years or after the death of one special section 7520 actuarial factors. remainder annuity trust, as defined in individual, the present value of the These factors are derived by using the § 1.664–2(a), is the present value interest is computed by multiplying the appropriate section 7520 interest rate determined under § 1.664–2(c). The fair value of the property by the appropriate and, if applicable, the mortality market value of a remainder interest in remainder interest actuarial factor (that component for the valuation date of the a charitable remainder unitrust, as corresponds to the applicable section interest that is being valued. For defined in § 1.664–3, is its present value 7520 interest rate and remainder interest
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period) in Table B (for a term certain) or 7520 interest rate and annuity period). quarterly, monthly, or weekly periods the appropriate Table S (for one Internal Revenue Publication 1457 for a term of years, the value of the measuring life), as the case may be. includes actuarial factors for a annuity is computed by multiplying the Table B is contained in § 20.2031– remainder interest in Table B (after an aggregate amount payable annually by 7(d)(6) and Table S (for one measuring annuity payable for a term of years) and the annuity factor described in life when the valuation date is on or in Table S (after an annuity payable for paragraph (d)(2)(iv)(A) of this section; after May 1, 2009) is contained in the life of one individual when the and the product so obtained is then paragraph (d)(7) of this section and in valuation date is on or after May 1, multiplied by the adjustment factor in Internal Revenue Service Publication 2009). However, annuity actuarial Table J in § 20.2031–7(d)(6) at the 1457. See § 20.2031–7A containing factors are not included in Table B in appropriate interest rate component for Table S for valuation of interests before § 20.2031–7(d)(6) or Table S in payments made at the beginning of May 1, 2009. For information about paragraph (d)(7) of this section (or in specified periods. If an annuity is obtaining actuarial factors for other § 20.2031–7A). If Internal Revenue payable at the beginning of annual, types of remainder interests, see Service Publication 1457 (or any other semiannual, quarterly, monthly, or paragraph (d)(4) of this section. reliable source of annuity actuarial weekly periods for one or more lives, (iii) Ordinary term-of-years and life factors) is not conveniently available, a the value of the annuity is the sum of interests. If the interest to be valued is required annuity factor for a term of the first payment plus the present value the right of a person to receive the years or for one life may be of a similar annuity, the first payment income of certain property, or to use mathematically derived. This annuity of which is not to be made until the end certain nonincome-producing property, factor may be derived by subtracting the of the payment period, determined as for a term of years or for the life of one applicable remainder factor (that provided in this paragraph (d)(2)(iv). individual, the present value of the corresponds to the applicable section (v) Annuity and unitrust interests for interest is computed by multiplying the 7520 interest rate and annuity period) in a term of years or until the prior death value of the property by the appropriate Table B (in the case of a term-of-years of an individual. See § 25.2512– term-of-years or life interest actuarial annuity) in § 20.2031–7(d)(6) or in Table 5T(d)(2)(v) for examples explaining how factor (that corresponds to the S (in the case of a one-life annuity when to compute the present value of an applicable section 7520 interest rate and the valuation date is on or after May 1, annuity or unitrust interest that is term-of-years or life interest period). 2009) in paragraph (d)(7) of this section, payable until the earlier of the lapse of Internal Revenue Service Publication as the case may be, from 1.000000 and a specific number of years or the death 1457 includes actuarial factors for a then dividing the result by the of an individual. remainder interest after a term of years applicable section 7520 interest rate (3) Transitional rule. (i) If a decedent in Table B and after the life of one expressed as a decimal number. dies on or after May 1, 2009, and if on individual in Table S (for one measuring (B) If the annuity is payable at the end May 1, 2009, the decedent was mentally life when the valuation date is on or of semiannual, quarterly, monthly, or incompetent so that the disposition of after May 1, 2009). However, term-of- weekly periods, the product obtained by the decedent’s property could not be years and life interest actuarial factors multiplying the annuity factor by the changed, and the decedent dies without are not included in Table B in aggregate amount payable annually is having regained competency to dispose § 20.2031–7(d)(6) or Table S in then multiplied by the applicable of the decedent’s property or dies paragraph (d)(7) of this section (or in adjustment factor as contained in Table within 90 days of the date on which the § 20.2031–7A). If Internal Revenue K in § 20.2031–7(d)(6) for payments decedent first regains competency, the fair market value of annuities, life Service Publication 1457 (or any other made at the end of the specified periods. estates, terms for years, remainders, and reliable source of term-of-years and life The provisions of this paragraph reversions included in the gross estate interest actuarial factors) is not (d)(2)(iv)(B) are illustrated by the of the decedent is their present value conveniently available, an actuarial following example: factor for the interest may be derived determined either under this section or mathematically. This actuarial factor Example. At the time of the decedent’s under the corresponding section may be derived by subtracting the death, the survivor/annuitant, age 72, is applicable at the time the decedent entitled to receive an annuity of $15,000 a became mentally incompetent, at the correlative remainder factor (that year for life payable in equal monthly corresponds to the applicable section installments at the end of each period. The option of the decedent’s executor. For 7520 interest rate and the term of years section 7520 rate for the month in which the examples, see § 20.2031–7A(d). or the life) in Table B (for a term of decedent died is 5.6 percent. Under Table S (ii) If a decedent dies on or after May years) in § 20.2031–7(d)(6) or in Table S in paragraph (d)(7) of this section, the 1, 2009, and before July 1, 2009, the fair (for the life of one individual) in remainder factor at 5.6 percent for an market value of annuities, life estates, paragraph (d)(7) of this section, as the individual aged 72 is .53243. By converting remainders, and reversions based on case may be, from 1.000000. For the remainder factor to an annuity factor, as one or more measuring lives included in information about obtaining actuarial described above, the annuity factor at 5.6 the gross estate of the decedent is their factors for other types of term-of-years percent for an individual aged 72 is 8.3495 present value determined under this (1.00000 minus .53243, divided by .056). section by use of the section 7520 and life interests, see paragraph (d)(4) of Under Table K in § 20.2031–7(d)(6), the this section. adjustment factor under the column for interest rate for the month in which the (iv) Annuities. (A) If the interest to be payments made at the end of each monthly valuation date occurs (see §§ 20.7520– valued is the right of a person to receive period at the rate of 5.6 percent is 1.0254. 1(b) and 20.7520–2(a)(2)) and the an annuity that is payable at the end of The aggregate annual amount, $15,000, is appropriate actuarial tables under either each year for a term of years or for the multiplied by the factor 8.3495 and the paragraph (d)(7) of this section or life of one individual, the present value product multiplied by 1.0254. The present § 20.2031–7A(f)(4), at the option of the of the interest is computed by value of the annuity at the date of the decedent’s executor. multiplying the aggregate amount decedent’s death is, therefore, $128,423.66 (iii) For purposes of paragraphs × × payable annually by the appropriate ($15,000 8.3495 1.0254). (d)(3)(i) and (d)(3)(ii) of this section, annuity actuarial factor (that (C) If an annuity is payable at the where the decedent’s executor is given corresponds to the applicable section beginning of annual, semiannual, the option to use the appropriate
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actuarial tables under either paragraph decedent’s estate, was entitled to receive minus .24774, divided by .048). The (d)(7) of this section or § 20.2031– certain property worth $50,000 upon the adjustment factor from Table K in § 20.2031– 7A(f)(4), the decedent’s executor must death of A, to whom the income was 7(d)(6) at an interest rate of 4.8 percent for use the same actuarial table with respect bequeathed for life. At the time of the semiannual annuity payments made at the decedent’s death, A was 47 years and 5 end of the period is 1.0119. The present to each individual transaction and with months old. In the month in which the value of the annuity at the date of A’s death respect to all transfers occurring on the decedent died, the section 7520 rate was 6.2 is, therefore, $158,585.98 ($10,000 × 15.6721 valuation date (for example, gift and percent. Under Table S in paragraph (d)(7) of × 1.0119). income tax charitable deductions with this section, the remainder factor at 6.2 Example 4. Annuity payable for a term of respect to the same transfer must be percent for determining the present value of years. The decedent, or the decedent’s estate, determined based on the same tables, the remainder interest due at the death of a was entitled to receive an annuity of $10,000 and all assets includible in the gross person aged 47, the number of years nearest per year payable in equal quarterly estate and/or estate tax deductions A’s actual age at the decedent’s death, is installments at the end of each quarter .18672. The present value of the remainder claimed must be valued based on the throughout a term certain. At the time of the interest at the date of the decedent’s death is, decedent’s death, the section 7520 rate was same tables). therefore, $9,336.00 ($50,000 × .18672). 9.8 percent. A quarterly payment had just (4) Publications and actuarial Example 2. Income payable for an been made prior to the decedent’s death and computations by the Internal Revenue individual’s life. A’s parent bequeathed an payments were to continue for 5 more years. Service. Many standard actuarial factors income interest in property to A for life, with Under Table B in § 20.2031–7(d)(6) for the not included in § 20.2031–7(d)(6) or in the remainder interest passing to B at A’s interest rate of 9.8 percent, the factor for the paragraph (d)(7) of this section are death. At the time of the parent’s death, the present value of a remainder interest due included in Internal Revenue Service value of the property was $50,000 and A was after a term of 5 years is .626597. Converting Publication 1457, ‘‘Actuarial Valuations 30 years and 10 months old. The section the factor to an annuity factor, as described 7520 rate at the time of the parent’s death Version 3A’’ (2009). Publication 1457 in paragraph (d)(2)(iv)(A) of this section, the was 6.2 percent. Under Table S in paragraph factor for the present value of an annuity for also includes examples that illustrate (d)(7) of this section, the remainder factor at a term of 5 years is 3.8102 (1.00000 minus how to compute many special factors for 6.2 percent for determining the present value .626597, divided by .098). The adjustment more unusual situations. This of the remainder interest due at the death of factor from Table K in § 20.2031–7(d)(6) at an publication will be available beginning a person aged 31, the number of years closest interest rate of 9.8 percent for quarterly May 1, 2009, at no charge, electronically to A’s age at the decedent’s death, is .08697. annuity payments made at the end of the via the Internal Revenue Service Converting this remainder factor to an period is 1.0360. The present value of the Internet site at http://www.irs.gov. If a income factor, as described in paragraph annuity is, therefore, $39,473.67 ($10,000 × × special factor is required in the case of (d)(2)(iii) of this section, the factor for 3.8102 1.0360). determining the present value of an income an actual decedent, the Internal interest for the life of a person aged 31 is (6) [Reserved]. For further guidance, Revenue Service may furnish the factor .91303. The present value of A’s interest at see § 20.2031–7(d)(6). to the executor upon a request for a the time of the parent’s death is, therefore, (7) Actuarial Table S and Table ruling. The request for a ruling must be $45,651.50 ($50,000 × .91303). 2000CM where the valuation date is on accompanied by a recitation of the facts Example 3. Annuity payable for an or after May 1, 2009. Except as provided including a statement of the date of individual’s life. A purchased an annuity for in § 20.7520–2(b) (pertaining to certain birth for each measuring life, the date of the benefit of both A and B. Under the terms limitations on the use of prescribed of the annuity contract, at A’s death, a the decedent’s death, any other tables), for determination of the present applicable dates, and a copy of the will, survivor annuity of $10,000 per year payable in equal semiannual installments made at the value of an interest that is dependent on trust, or other relevant documents. A end of each interval is payable to B for life. the termination of a life interest, Table request for a ruling must comply with At A’s death, B was 45 years and 7 months 2000CM and Table S (single life the instructions for requesting a ruling old. Also, at A’s death, the section 7520 rate remainder factors applicable where the published periodically in the Internal was 4.8 percent. Under Table S in paragraph valuation date is on or after May 1, Revenue Bulletin (see §§ 601.201 and (d)(7) of this section, the factor at 4.8 percent 2009) contained in this paragraph (d)(7) 601.601(d)(2)(ii)(b)) and include for determining the present value of the and Table J and Table K contained in payment of the required user fee. remainder interest at the death of a person § 20.2031–7(d)(6), must be used in the age 46 (the number of years nearest B’s actual (5) Examples. The provisions of this application of the provisions of this section are illustrated by the following age) is .24774. By converting the factor to an annuity factor, as described in paragraph section when the section 7520 interest examples: (d)(2)(iv)(A) of this section, the factor for the rate component is between 0.2 and 14 Example 1. Remainder payable at an present value of an annuity payable until the percent. individual’s death. The decedent, or the death of a person age 46 is 15.6721 (1.00000 BILLING CODE 4830–01–P
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BILLING CODE 4830–01–C
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(e) Effective/applicability date. This having regained competency to dispose decedent, the Internal Revenue Service section applies on or after May 1, 2009. of the decedent’s property or dies may furnish the factor to the executor (f) Expiration date. This section within 90 days of the date on which the upon a request for a ruling. The request expires on or before May 1, 2012. decedent first regains competency, the for a ruling must be accompanied by a ■ Par. 19. The undesignated center fair market value of annuities, life recitation of the facts including a heading immediately preceding estates, terms for years, remainders, and statement of the date of birth for each § 20.2031–7A is revised to read as reversions included in the gross estate measuring life, the date of the follows: of the decedent is their present value decedent’s death, any other applicable determined either under this section or dates, and a copy of the will, trust, or Actuarial Tables Applicable Before under the corresponding section other relevant documents. A request for May 1, 2009 applicable at the time the decedent a ruling must comply with the ■ Par. 20. Section 20.2031–7A is became mentally incompetent, at the instructions for requesting a ruling amended by: option of the decedent’s executor. For published periodically in the Internal ■ 1. Revising the section heading. example, see paragraph (d) of this Revenue Bulletin (see §§ 601.201 and ■ 2. Adding paragraphs (f)(1), (f)(2), and section. 601.601(d)(2)(ii)(b)) and include (f)(3). (ii) If a decedent dies after April 30, payment of the required user fee. ■ 3. In newly-designated paragraph 1999, and before July 1, 1999, the fair (4) Actuarial tables. Except as (f)(4), the heading and introductory text market value of annuities, life estates, provided in § 20.7520–3(b) (pertaining paragraph is revised. remainders, and reversions based on to certain limitations on the use of ■ 4. The heading of Table S in newly- one or more measuring lives included in prescribed tables), Life Table 90CM and designated paragraph (f)(4) is revised. the gross estate of the decedent is their Table S (Single life remainder factors ■ 5. The heading of Table 90CM in present value determined under this applicable where the valuation date is newly-designated paragraph (f)(4) is section by use of the section 7520 after April 30, 1999, and before May 1, revised. interest rate for the month in which the 2009), contained in this paragraph (f)(4), ■ 6. Paragraph (f)(5) is added. valuation date occurs (see §§ 20.7520– and Table B, Table J, and Table K set The revisions and additions read as 1(b) and 20.7520–2(a)(2)) and the forth in § 20.2031–7(d)(6) must be used follows: appropriate actuarial tables under either in the application of the provisions of paragraph (e)(4) or paragraph (f)(4) of this section when the section 7520 § 20.2031–7A Valuation of annuities, this section, at the option of the interest rate component is between 4.2 interests for life or term of years, and decedent’s executor. and 14 percent. Table S and Table 90CM remainder or reversionary interests for (iii) For purposes of paragraphs are as follows: estates of decedents for which the (f)(2)(i) and (f)(2)(ii) of this section, valuation date of the gross estate is before where the decedent’s executor is given Table S.—Based on Life on Life Table May 1, 2009. the option to use the appropriate 90CM Single Life Remainder Factors * * * * * actuarial tables under either paragraph [Applicable After April 30, 1999, and (f) Valuation of annuities, interests for (e)(4) or paragraph (f)(4) of this section, Before May 1, 2009] life or term of years, and remainder or the decedent’s executor must use the reversionary interests for estates of same actuarial table with respect to each * * * * * decedents for which the valuation date individual transaction and with respect Table 90 CM.—Applicable After April of the gross estate is after April 30,1999, to all transfers occurring on the 30, 1999, and Before May 1, 2009 and before May 1, 2009—(1) In general. valuation date (for example, gift and * * * * * Except as otherwise provided in income tax charitable deductions with § 20.2031–7(b) and § 20.7520–3(b) (5) Effective/applicability dates. respect to the same transfer must be Paragraphs (f)(1) through (f)(4) apply (pertaining to certain limitations on the determined based on the same tables, use of prescribed tables), if the valuation after April 30, 1999, and before May 1, and all assets includible in the gross 2009. date for the gross estate of the decedent estate and/or estate tax deductions is after April 30, 1999, and before May claimed must be valued based on the § 20.2032–1 Alternate valuation. 1, 2009, the fair market value of same tables). * * * * * annuities, life estates, terms of years, (3) Publications and actuarial (f) * * * remainders, and reversionary interests is computations by the Internal Revenue (1) [Reserved]. For further guidance, the present value of the interests Service. Many standard actuarial factors see § 20.2032–1T(f)(1). determined by use of standard or special not included in paragraph (f)(4) of this * * * * * section 7520 actuarial factors and the section or in § 20.2031–7(d)(6) are ■ Par. 22. Section 20.2032–1T is added valuation methodology described in included in Internal Revenue Service to read as follows: § 20.2031–7T(d). These factors are Publication 1457, ‘‘Actuarial Values, derived by using the appropriate section Book Aleph,’’ (7–99). Publication 1457 § 20.2032–1T Alternate valuation 7520 interest rate and, if applicable, the also includes examples that illustrate (temporary). mortality component for the valuation how to compute many special factors for (a) through (e) [Reserved]. For further date of the interest that is being valued. more unusual situations. Publication guidance, see § 20.2032–1(a) through (e). See §§ 20.7520–1 through 20.7520–4. 1457 is no longer available for purchase (f) [Reserved]. For further guidance, See paragraph (f)(4) of this section for from the Superintendent of Documents, see § 20.2032–1(f). determination of the appropriate table United States Government Printing (1) Life estates, remainders, and for use in valuing these interests. Office. However, pertinent factors in similar interests. The values of life (2) Transitional rule. (i) If a decedent this publication may be obtained from: estates, remainders, and similar dies after April 30, 1999, and if on May CC:PA:LPD:PR (IRS Publication 1457), interests are to be obtained by applying 1, 1999, the decedent was mentally Room 5205, Internal Revenue Service, the methods prescribed in § 20.2031–7, incompetent so that the disposition of P.O. Box 7604, Ben Franklin Station, using (i) the age of each person, the the decedent’s property could not be Washington, DC 20044. If a special duration of whose life may affect the changed, and the decedent dies without factor is required in the case of an actual value of the interest, as of the date of the
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decedent’s death, and (ii) the value of rule in paragraphs (e)(2)(vi)(a) and court, in a proceeding that is the property as of the alternate valuation (e)(2)(vii)(a) of this section are provided commenced on or before July 5, 2001, date. For example, assume that the in the case of transfers pursuant to a declares any transfer made pursuant to decedent, or the decedent’s estate, was will or revocable trust executed on or a will or revocable trust where the entitled to receive certain property before April 4, 2000. One exception is decedent dies on or after April 4, 2000, worth $50,000 upon the death of A, who for a decedent who dies on or before and on or before March 6, 2001, null was entitled to the income for life. At July 5, 2001, without having and void ab initio, the Internal Revenue the time of the decedent’s death, on or republished the will (or amended the Service will treat such transfers in a after May 1, 2009, A was 47 years and trust) by codicil or otherwise. The other manner similar to that described in 5 months old. In the month in which the exception is for a decedent who was on section 2055(e)(3)(J). decedent died, the section 7520 rate was April 4, 2000, under a mental disability (e)(4) through (f)(3). [Reserved]. For 6.2 percent. The value of the decedent’s that prevented a change in the further guidance see § 20.2055–2(e)(4) remainder interest at the date of the disposition of the decedent’s property, through (f)(3). decedent’s death would, as illustrated in and who either does not regain (f)(4) Other decedents. The present Example 1 of § 20.2031–7T(d)(5), be competence to dispose of such property value of an interest not described in $9,336.00 ($50,000 × .18672). If, because before the date of death, or dies prior to paragraph (f)(2) of this section is to be of economic conditions, the property the later of 90 days after the date on determined under § 20.2031–7T(d) in declined in value and was worth only which the decedent first regains the case of decedents where the $40,000 on the date that was 6 months competence, or July 5, 2001, without valuation date of the gross estate is on after the date of the decedent’s death, having republished the will (or or after May 1, 2009, or under the value of the remainder interest amended the trust) by codicil or § 20.2031–7A in the case of decedents would be $7,468.80 ($40,000 × .18672), otherwise. If a guaranteed annuity where the valuation date of the gross even though A would be 48 years old on interest or unitrust interest created estate is before May 1, 2009. the alternate valuation date. pursuant to a will or revocable trust (f)(5) [Reserved]. For further guidance (f)(2) through (g) [Reserved]. For when the decedent dies on or after April see § 20.2055–2(f)(5). further guidance, see § 20.2032–1(f)(2) 4, 2000, uses an individual other than (f)(6) Effective/applicability date. through (g). one permitted in paragraphs (e)(2)(vi)(a) Paragraphs (e)(3)(iii) and (f)(4) apply on (h) Effective/applicability date. and (vii)(a) of this section, and the or after May 1, 2009. Paragraph (f)(1) applies on or after May interest does not qualify for this (f)(7) Expiration date. Paragraphs 1, 2009. transitional relief, the interest may be (e)(3)(iii) and (f)(4) expire on or before (i) Expiration date. Paragraph (f)(1) reformed into a lead interest payable for May 1, 2012. expires on or before May 1, 2012. a specified term of years. The term of ■ Par. 25. Section 20.2056A–4 is ■ Par. 23. Section 20.2055–2 is years is determined by taking the factor amended by revising paragraph amended by revising the heading in for valuing the annuity or unitrust (c)(4)(ii)(B) and Example 4 of paragraph paragraph (e)(3) and revising paragraphs interest for the named individual (d). (e)(3)(iii) and (f)(4) to read as follows: measuring life and identifying the term The revisions reads as follows: of years (rounded up to the next whole § 20.2056A–4 Procedures for conforming § 20.2055–2 Transfers not exclusively for year) that corresponds to the equivalent charitable purposes. marital trusts and nontrust marital transfers term of years factor for an annuity or to the requirements of a qualified domestic * * * * * unitrust interest. For example, in the trust. (e) * * * case of an annuity interest payable for * * * * * (3) Effective/applicability date. *** the life of an individual age 40 at the (c) * * * (iii) [Reserved]. For further guidance, time of the transfer on or after May 1, (4) * * * see § 20.2055–2T(e)(3)(iii). 2009, assuming an interest rate of 7.4 (ii) * * * * * * * * percent under section 7520, the annuity (B) [Reserved]. For further guidance, (f) * * * factor from column 1 of Table S(7.4), see § 20.2056A–4T(c)(4)(ii)(B). (4) [Reserved]. For further guidance, contained in IRS Publication 1457, (d) * * * see § 20.2055–2T(f)(4). Actuarial Valuations Version 3A, for the Example 4. [Reserved]. For further * * * * * life of an individual age 40 is 12.1519 guidance, see § 20.2056A–4T(d) Example 4. ■ Par. 24. Section 20.2055–2T is added (1.00000 minus .10076, divided by * * * * * .074). Based on Table B(7.4), contained to read as follows: ■ in Publication 1457, Actuarial Par. 26. Section 20.2056A–4T is § 20.2055–2T Transfers not exclusively for Valuations Version 3A, the factor added to read as follows: charitable purposes (temporary). 12.1519 corresponds to a term of years § 20.2056A–4T Procedures for conforming (a) through (e)(3)(ii). [Reserved]. For between 32 and 33 years. Accordingly, marital trusts and nontrust marital transfers further guidance see § 20.2055–2(a) the annuity interest must be reformed to the requirements of a qualified domestic through (e)(3)(ii). into an interest payable for a term of 33 trust (temporary). (e)(3)(iii) The rule in paragraphs years. A judicial reformation must be (a) through (c)(4)(ii)(A). [Reserved]. (e)(2)(vi)(a) and (e)(2)(vii)(a) of this commenced prior to the later of July 5, For further guidance see § 20.2056A– section that guaranteed annuity interests 2001, or the date prescribed by section 4(a) through (c)(4)(ii)(A). or unitrust interests, respectively, may 2055(e)(3)(C)(iii). Any judicial (c)(4)(ii)(B) The total present value of be payable for a specified term of years reformation must be completed within a the annuity or other payment is the or for the life or lives of only certain reasonable time after it is commenced. present value of the nonassignable individuals is generally effective in the A non-judicial reformation is permitted annuity or other payment as of the date case of transfers pursuant to wills and if effective under state law, provided it of the decedent’s death, determined in revocable trusts when the decedent dies is completed by the date on which a accordance with the interest rates and on or after April 4, 2000. Two judicial reformation must be mortality data prescribed by section exceptions from the application of this commenced. In the alternative, if a 7520. The expected annuity term is the
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number of years that would be required of 19 years into the present value of the with respect to the valuation of the for the scheduled payments to exhaust hypothetical fund as follows: remainder interest. a hypothetical fund equal to the present Corpus amount of annual payment: * * * * * value of the scheduled payments. This $818,164.80/19 = $43,061.31 (b) * * * is determined by first dividing the total (v) In the fourth step, the corpus portion (2) * * * For decedents’ estates with present value of the payments by the of each annuity payment is determined by valuation dates after April 30, 1989, and dividing the corpus amount of each annual annual payment. From the quotient so before May 1, 2009, the mortality obtained, the expected annuity term is payment by the annual annuity payment (adjusted for payments more frequently than component tables are contained in derived by identifying the term of years annually as in (i) of this Example 4) as § 20.2031–7A. that corresponds to the annuity factor follows: (c) * * * equal to the quotient. This is Corpus portion of each annuity payment: (1) [Reserved]. For further guidance, determined by using column 1 of Table $43,061.31/$73,958.40 = .58 see § 20.7520–1T(c)(1). B, for the applicable interest rate, (vi) Accordingly, 58 percent of each (2) Internal Revenue Service contained in Publication 1457, Actuarial payment to S is deemed to be a distribution publications containing tables with Valuations Version 3A. A copy of this of corpus. A marital deduction is allowed for interest rates between 2.2 and 22 publication is available beginning May $818,164.80, the present value of the annuity percent for valuation dates after April 1, 2009, at no charge, electronically via as of D’s date of death, if either: S agrees to 30, 1999, and before May 1, 2009. The the IRS Internet site at http:// roll over the corpus portion of each payment following publications are no longer to a QDOT and the executor files the www.irs.gov. If the quotient obtained available for purchase from the falls between two terms, the longer term Information Statement described in paragraph (c)(5) of this section and the Roll Superintendent of Documents, United is used. States Government Printing Office; (c)(5) through (c)(7). [Reserved]. For Over Agreement described in paragraph (c)(7) of this section; or S agrees to pay the tax due however, they may be obtained from further guidance see § 20.2056A–4(c)(5) on the corpus portion of each payment and CC:PA:LPD:PR, Room 5205, Internal through (c)(7). the executor files the Information Statement Revenue Service, P.O. Box 7604, Ben (d) Examples 1 through 3. [Reserved]. described in paragraph (c)(5) of this section Franklin Station, Washington, DC For further guidance see § 20.2056A– and the Payment Agreement described in 20044: 4(d) Examples 1 through 3. paragraph (c)(6) of this section. * * * * * Example 4. Computation of corpus portion Example 5. [Reserved]. For further (d) Effective/applicability dates. This of annuity payment. (i) At the time of D’s guidance see § 20.2056A–4(d) Example 5. death on or after May 1, 2009, D is a section applies after April 30, 1989, and participant in an employees’ pension plan (e) Effective/applicability date. before May 1, 2009. described in section 401(a). On D’s death, D’s Paragraph (c)(4)(ii)(B) and Example 4 in ■ Par. 28. Section 20.7520–1T is added spouse S, a resident of the United States, paragraph (d) of this section are to read as follows: becomes entitled to receive a survivor’s applicable with respect to decedents annuity of $72,000 per year, payable dying on or after May 1, 2009. § 20.7520–1T Valuation of annuities, monthly, for life. At the time of D’s death, S unitrust interests, interests for life or terms is age 60. Assume that under section 7520, (f) Expiration date. Paragraph of years, and remainder or reversionary the appropriate discount rate to be used for (c)(4)(ii)(B) and Example 4 in paragraph interests on or after May 1, 2009 valuing annuities in the case of this decedent (d) of this section expire on or before (temporary). is 6.0 percent. The annuity factor at 6.0 May 1, 2012. (a) General actuarial valuations. (1) percent for a person age 60 is 11.0625 (1.0000 ■ Par. 27. Section 20.7520–1 is minus .33625, divided by .06). The Except as otherwise provided in this adjustment factor at 6.0 percent in Table K amended by: section and in § 20.7520–3 (relating to for monthly payments is 1.0272. ■ 1. Revising the section heading. exceptions to the use of prescribed Accordingly, the right to receive $72,000 per ■ 2. Revising the second sentence of tables under certain circumstances), in year on a monthly basis is equal to the right paragraph (a)(1) and revising paragraph the case of estates of decedents with × to receive $73,958.40 ($72,000 1.0272) on (a)(2). valuation dates after April 30, 1989, the an annual basis. ■ fair market value of annuities, interests (ii) The corpus portion of each annuity 3. Removing the last two sentences of payment received by S is determined as paragraph (b)(2) and adding a new for life or for a term of years (including follows. The first step is to determine the sentence at the end of the paragraph. unitrust interests), remainders, and annuity factor for the number of years that ■ 4. Revising paragraphs (c)(1), (c)(2), reversions is their present value would be required to exhaust a hypothetical and (d). determined under this section. See fund that has a present value and a payout § 20.2031–7T(d) (and, for certain prior corresponding to S’s interest in the payments The revisions and additions read as follows: periods, § 20.2031–7A) for the under the plan, determined as follows: computation of the value of annuities, (A) Present value of S’s annuity: $73,958.40 § 20.7520–1 Valuation of annuities, × unitrust interests, life estates, terms for 11.0625 = $818,164.80. unitrust interests, interests for life or terms years, remainders, and reversions, other (B) Annuity Factor for Expected Annuity of years, and remainder or reversionary Term: $818,164.80/$73,958.40 = 11.0625 than interests described in paragraphs interests prior to May 1, 2009. (a)(2) and (a)(3) of this section. (iii) The second step is to determine the * * * * * number of years that would be required for (2) In the case of a transfer to a pooled S ’s annuity to exhaust a hypothetical fund (a) * * *(1) * * * For periods prior income fund with a valuation date on or of $818,164.80. The term certain annuity to May 1, 2009, see § 20.2031–7A for the after May 1, 2009, see § 1.642(c)–6T(e), factor of 11.0625 falls between the annuity computation of the value of annuities, Income Tax Regulations, (or, for certain factors for 18 and 19 years in a 6.0 percent unitrust interests, life estates, terms for prior periods, § 1.642(c)–6A) with term certain annuity table (Column 1 of Table years, remainders, and reversions, other respect to the valuation of the remainder B, Publication 1457 Actuarial Valuations than interests described in paragraphs interest. Version 3A, which may be obtained on the (a)(2) and (a)(3) of this section. IRS Internet site). Accordingly, the expected (3) [Reserved]. For further guidance, annuity term is 19 years. (2) For a transfer to a pooled income see § 20.7520–1(a)(3). (iv) The third step is to determine the fund prior to May 1, 2009, see (b)(1) [Reserved]. For further corpus amount by dividing the expected term § 1.642(c)–6A (Income Tax Regulations) guidance, see § 20.7520–1(b)(1).
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(2) Mortality component. The interest rates between 0.2 and 22 § 25.2512–3 Valuation of interests in mortality component reflects the percent for valuation dates on or after businesses. mortality data most recently available May 1, 2009. The following documents § 25.2512–4 Valuation of notes. from the United States census. As new are available beginning May 1, 2009, at § 25.2512–5 Valuation of annuities, unitrust mortality data becomes available after interests, interests for life or term of no charge, electronically via the IRS years, and remainder or reversionary each decennial census, the mortality Internet site at http://www.irs.gov: interests. component described in this section (i) Internal Revenue Service § 25.2512–5T Valuation of annuities, will be revised periodically and the Publication 1457, ‘‘Actuarial Valuations unitrust interests, interests for life or revised mortality component tables will Version 3A’’ (2009). This publication term of years, and remainder or be published in the regulations at that includes tables of valuation factors, as reversionary interests (temporary). time. For decedent’s estates with well as examples that show how to § 25.2512–6 Valuation of certain life valuation dates on or after May 1, 2009, compute other valuation factors, for insurance and annuity contracts; the mortality component table (Table determining the present value of valuation of shares in an open-end 2000CM) is contained in § 20.2031– annuities, life estates, terms of years, investment company. 7T(d)(7). See § 20.2031–7A for mortality § 25.2512–7 Effect of excise tax. remainders, and reversions, measured § 25.2512–8 Transfers for insufficient component tables applicable to by one or two lives. These factors may consideration. decedent’s estates with valuation dates also be used in the valuation of interests before May 1, 2009. Actuarial Tables Applicable Before May 1, in a charitable remainder annuity trust 2009 (c) [Reserved]. For further guidance, as defined in § 1.664–2 and a pooled see § 20.7520–1(c). income fund as defined in § 1.642(c)–5. § 25.2512–5A Valuation of annuities, (1) Regulation sections containing (ii) Internal Revenue Service unitrust interests, interests for life or term of years, and remainder or tables with interest rates between 0.2 Publication 1458, ‘‘Actuarial Valuations and 14 percent for valuation dates on or reversionary interests transferred before Version 3B’’ (2009). This publication May 1, 2009. after May 1, 2009. Section 1.642(c)– includes term certain tables and tables 6T(e)(6) contains Table S used for of one and two life valuation factors for ■ Par. 31. Section 25.2512–5 is determining the present value of a determining the present value of amended by revising paragraphs (c), (d), single life remainder interest in a pooled remainder interests in a charitable and (e) to read as follows: income fund as defined in § 1.642(c)–5. remainder unitrust as defined in The revised provisions read as See § 1.642(c)–6A for single life § 1.664–3. follows: remainder factors applicable to (iii) Internal Revenue Service valuation dates before May 1, 2009. Publication 1459, ‘‘Actuarial Valuations § 25.2512–5 Valuation of annuities, Section 1.664–4(e)(6) contains Table F Version 3C’’ (2009). This publication unitrust interests, interests for life or term (payout factors) and Table D (actuarial includes tables for computing of years, and remainder or reversionary factors used in determining the present depreciation adjustment factors. See interests. value of a remainder interest postponed § 1.170A–12T. * * * * * for a term of years). Section1.664– (d) Effective/applicability date. This (c) and (d) [Reserved]. For further 4T(e)(7) contains Table U(1) (unitrust section applies on or after May 1, 2009. guidance, see § 25.2512–5T(c) and (d). single life remainder factors). These (e) Expiration date. This section (e) Effective/applicability dates. This tables are used in determining the expires on or before May 1, 2012. section applies after April 30, 1999, and present value of a remainder interest in before May 1, 2009. a charitable remainder unitrust as PART 25—GIFT TAX; GIFTS MADE defined in § 1.664–3. See § 1.664–4A for AFTER DECEMBER 31, 1954 ■ Par. 32. Section 25.2512–5T is added unitrust single life remainder factors to read as follows: applicable to valuation dates before May ■ Par. 29. The authority citation for part 1, 2009. Section 20.2031–7(d)(6) 25 is amended by adding entries in § 25.2512–5T Valuation of annuities, unitrust interests, interests for life or term contains Table B (actuarial factors used numerical order to read in part as follows: of years, and remainder or reversionary in determining the present value of an interests (temporary). interest for a term of years), Table K Authority: 26 U.S.C. 7805 * * * (annuity end-of-interval adjustment Section 25.2512–5T also issued under 26 (a) and (b) [Reserved]. For further factors), and Table J (term certain U.S.C. 7520(c)(2). guidance, see § 25.2512–5(a) and (b). annuity beginning-of-interval Section 25.7520–1T also issued under 26 (c) Actuarial valuations. The present adjustment factors). Section 20.2031– U.S.C. 7520(c)(2). * * * value of annuities, unitrust interests, life 7T(d)(7) contains Table S (single life ■ Par. 30. Section 25.2512–0 is revised estates, terms of years, remainders, and remainder factors), and Table 2000CM to read as follows: reversions transferred by gift on or after (mortality components). These tables are May 1, 2009, is determined under used in determining the present value of § 25.2512–0 Table of contents. paragraph (d) of this section. The annuities, life estates, remainders, and This section lists the section headings present value of annuities, unitrust reversions. See § 20.2031–7A for single that appear in the regulations under interests, life estates, terms of years, life remainder factors applicable to section 2512. remainders, and reversions transferred valuation dates before May 1, 2009. § 25.2512–1 Valuation of property; in by gift before May 1, 2009, is (2) Internal Revenue Service general. determined under the following publications containing tables with § 25.2512–2 Stocks and bonds. sections:
Transfers Applicable regulations After Before
01–01–52 ...... 25.2512–5A(a). 12–31–51 ...... 01–01–71 ...... 25.2512–5A(b).
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Transfers Applicable regulations After Before
12–31–70 ...... 12–01–83 ...... 25.2512–5A(c). 11–30–83 ...... 05–01–89 ...... 25.2512–5A(d). 04–30–89 ...... 05–01–99 ...... 25.2512–5A(e). 04–30–99 ...... 05–01–09 ...... 25.2512–5A(f).
(d) Actuarial valuations on or after The fair market value of a remainder § 20.2031–7T(d)(7) (or in § 20.2031–7A). May 1, 2009—(1) In general. Except as interest in a charitable remainder If Internal Revenue Service Publication otherwise provided in paragraph (b) of unitrust, as defined in § 1.664–3, is its 1457 (or any other reliable source of this section and § 25.7520–3(b) (relating present value determined under term-of-years and life interest actuarial to exceptions to the use of prescribed § 1.664–4T(e). The fair market value of factors) is not conveniently available, an tables under certain circumstances), if a life interest or term for years in a actuarial factor for the interest may be the valuation date for the gift is on or charitable remainder unitrust is the fair derived mathematically. This actuarial after May 1, 2009, the fair market value market value of the property as of the factor may be derived by subtracting the of annuities, life estates, terms of years, date of transfer less the fair market value correlative remainder factor (that remainders, and reversions transferred of the remainder interest, determined corresponds to the applicable section on or after May 1, 2009, is the present under § 1.664–4T(e)(4) and (5). 7520 interest rate) in Table B (for a term value of such interests determined (ii) Ordinary remainder and of years) in § 20.2031–7(d)(6) or in Table under paragraph (d)(2) of this section reversionary interests. If the interest to S (for the life of one individual) in and by use of standard or special section be valued is to take effect after a definite § 20.2031–7T(d)(7), as the case may be, 7520 actuarial factors. These factors are number of years or after the death of one from 1.000000. For information about derived by using the appropriate section individual, the present value of the obtaining actuarial factors for other 7520 interest rate and, if applicable, the interest is computed by multiplying the types of term-of-years and life interests, mortality component for the valuation value of the property by the appropriate see paragraph (d)(4) of this section. date of the interest that is being valued. remainder interest actuarial factor (that (iv) Annuities. (A) If the interest to be See §§ 25.7520–1 through 25.7520–4. corresponds to the applicable section valued is the right of a person to receive The fair market value of a qualified 7520 interest rate and remainder interest an annuity that is payable at the end of annuity interest described in section period) in Table B (for a term certain) or each year for a term of years or for the 2702(b)(1) and a qualified unitrust the appropriate Table S (for one life of one individual, the present value interest described in section 2702(b)(2) measuring life), as the case may be. of the interest is computed by is the present value of such interests Table B is contained in § 20.2031– multiplying the aggregate amount determined under § 25.7520–1(c). 7(d)(6) and Table S (for one measuring payable annually by the appropriate (2) Specific interests. When the donor life when the valuation date is on or annuity actuarial factor (that transfers property in trust or otherwise after May 1, 2009) is included in corresponds to the applicable section and retains an interest therein, § 20.2031–7T(d)(7) and Internal 7520 interest rate and annuity period). generally, the value of the gift is the Revenue Service Publication 1457. See Internal Revenue Service Publication value of the property transferred less the § 20.2031–7A containing Table S for 1457 includes actuarial factors in Table value of the donor’s retained interest. valuation of interests before May 1, B (for a remainder interest after an However, if the donor transfers property 2009. For information about obtaining annuity payable for a term of years) and after October 8, 1990, to or for the actuarial factors for other types of in Table S (for a remainder interest after benefit of a member of the donor’s remainder interests, see paragraph (d)(4) an annuity payable for the life of one family, the value of the gift is the value of this section. individual when the valuation date is of the property transferred less the value (iii) Ordinary term-of-years and life on or after May 1, 2009). However, of the donor’s retained interest as interests. If the interest to be valued is annuity actuarial factors are not determined under section 2702. If the the right of a person to receive the included in Table B in § 20.2031–7(d)(6) donor assigns or relinquishes an income of certain property, or to use or Table S in § 20.2031–7T(d)(7) (or in annuity, life estate, remainder, or certain nonincome-producing property, § 20.2031–7A). If Internal Revenue reversion that the donor holds by virtue for a term of years or for the life of one Service Publication 1457 (or any other of a transfer previously made by the individual, the present value of the reliable source of annuity actuarial donor or another, the value of the gift interest is computed by multiplying the factors) is not conveniently available, an is the value of the interest transferred. value of the property by the appropriate annuity factor for a term of years or for However, see section 2519 for a special term-of-years or life interest actuarial one life may be derived mathematically. rule in the case of the assignment of an factor (that corresponds to the This annuity factor may be derived by income interest by a person who applicable section 7520 interest rate and subtracting the applicable remainder received the interest from a spouse. term-of-years or life interest period). factor (that corresponds to the (i) Charitable remainder trusts. The Internal Revenue Service Publication applicable section 7520 interest rate and fair market value of a remainder interest 1457 includes actuarial factors for a annuity period) in Table B (in the case in a pooled income fund, as defined in remainder interest after a term of years of a term-of-years annuity) in § 20.2031– § 1.642(c)–5, is its value determined in Table B and after the life of one 7(d)(6) or in Table S (in the case of a under § 1.642(c)–6T(e) (see § 1.642(c)– individual in Table S (for one measuring one-life annuity) in § 20.2031–7T(d)(7), 6A for certain prior periods). The fair life when the valuation date is on or as the case may be, from 1.000000 and market value of a remainder interest in after May 1, 2009). However, term-of- then dividing the result by the a charitable remainder annuity trust, as years and life interest actuarial factors applicable section 7520 interest rate described in § 1.664–2(a), is its present are not included in Table B in expressed as a decimal number. See value determined under § 1.664–2(c). § 20.2031–7(d)(6) or Table S in § 20.2031–7T(d)(2)(iv) for an example
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that illustrates the computation of the the column for payments made at the end of of the lapse of a specific number of present value of an annuity. each semiannual period at the rate of 6.6 years or the death of an individual may (B) If the annuity is payable at the end percent is 1.0162. The aggregate annual be computed with values from the tables of semiannual, quarterly, monthly, or amount of the annuity, $10,000, is multiplied in §§ 20.2031–7(d)(6) and 20.2031– weekly periods, the product obtained by by the factor 8.7877 and the product is multiplied by 1.0162. The present value of 7T(d)(7) as described in the following multiplying the annuity factor by the the donee’s annuity is, therefore, $89,300.61 example: aggregate amount payable annually is ($10,000 × 8.7877 × 1.0162). Example. The donor transfers $100,000 then multiplied by the applicable (C) If an annuity is payable at the into a trust on or after May 1, 2009, and adjustment factor set forth in Table K in retains the right to receive an annuity from § 20.2031–7(d)(6) at the appropriate beginning of annual, semiannual, quarterly, monthly, or weekly periods the trust in the amount of $6,000 per year, interest rate component for payments payable in equal semiannual installments at for a term of years, the value of the made at the end of the specified periods. the end of each period. The semiannual The provisions of this paragraph annuity is computed by multiplying the installments are to be made on each June (d)(2)(iv)(B) are illustrated by the aggregate amount payable annually by 30th and December 31st. The annuity is following example: the annuity factor described in payable for 10 years or until the donor’s prior paragraph (d)(2)(iv)(A) of this section; death. At the time of the transfer, the donor Example. In July of a year after 2008, the and the product so obtained is then is 59 years and 6 months old. The donor’s age donor agreed to pay the annuitant the sum of $10,000 per year, payable in equal multiplied by the adjustment factor in is deemed to be 60 for purposes of computing semiannual installments at the end of each Table J in § 20.2031–7(d)(6) at the the present value of the retained annuity. The period. The semiannual installments are to appropriate interest rate component for section 7520 rate for the month in which the be made on each December 31st and June payments made at the beginning of transfer occurred is 5.8 percent. The present 30th. The annuity is payable until the specified periods. If an annuity is value of the donor’s retained interest is annuitant’s death. On the date of the payable at the beginning of annual, $42,575.65, determined as follows agreement, the annuitant is 68 years and 5 semiannual, quarterly, monthly, or TABLE S value at 5.8 per- months old. The donee annuitant’s age is weekly periods for one or more lives, cent, age 60 ...... 34656 treated as 68 for purposes of computing the TABLE S value at 5.8 per- present value of the annuity. The section the value of the annuity is the sum of the first payment and the present value cent, age 70 ...... 49025 7520 rate on the date of the agreement is 6.6 TABLE 2000CM value at percent. Under Table S in § 20.2031–7T(d)(7), of a similar annuity, the first payment age 70 ...... 74794 the factor at 6.6 percent for determining the of which is not to be made until the end TABLE 2000CM value at present value of a remainder interest payable of the payment period, determined as age 60 ...... 87595 at the death of an individual aged 68 is provided in paragraph (d)(2)(iv)(B) of TABLE B value at 5.8 per- .42001. Converting the remainder factor to an this section. cent, 10 years ...... 569041 annuity factor, as described above, the (v) Annuity and unitrust interests for TABLE K value at 5.8 per- annuity factor for determining the present cent ...... 1.0143 value of an annuity transferred to an a term of years or until the prior death Factor for donor’s retained individual age 68 is 8.7877 (1.00000 minus of an individual—(A) Annuity interests. interest at 5.8 percent: .42001 divided by .066). The adjustment The present value of an annuity interest factor from Table K in § 20.2031–7(d)(6) in that is payable until the earlier to occur
(1 . 00000−− . 34656 ) (. 569041 × ( 74794 / 87595 ) × ( 1 . 00000 − . 49025 )) =6. 9959 .058
Example. The donor who, as of the nearest the end of the semiannual period. The Present value of donor’s re- birthday, is 60 years old, transfers $100,000 × tained interest: adjusted payout rate is 5.720 percent (6% to a unitrust on January 1st of a year after ($6,000 × 6.9959 × 1.0143) $42,575.65: .953317). The present value of the donor’s 2009. The trust instrument requires that each retained interest is $41,920.00 determined as year the trust pay to the donor, in equal follows: (B) Unitrust interests. The present semiannual installments on June 30th and value of a unitrust interest that is December 31st, 6 percent of the fair market TABLE U(1) value at 5.6 percent, payable until the earlier to occur of the value of the trust assets, valued as of January age 60 ...... 33970 lapse of a specific number of years or 1st each year, for 10 years or until the prior TABLE U(1) value at 5.6 percent, the death of an individual may be death of the donor. The section 7520 rate for age 70 ...... 48352 TABLE 2000CM value at age 70 74794 computed with values from the tables in the January in which the transfer occurred is 6.6 percent. Under Table F(6.6) in § 1.664– TABLE 2000CM value at age 60 87595 §§ 1.664–4(e)(6) and 1.664–4T(e)(7) as 4(e)(6), the appropriate adjustment factor is TABLE D value at 5.6 percent, described in the following example: .953317 for semiannual payments payable at 10 years ...... 561979
Factor for donor’s retained interest at 5.6 percent: (1.000000 ¥ .33970) ¥ (.561979 × (74794/87595) × (1.000000 ¥ .48352)) = .41247
TABLE U(1) value at 5.8 percent, TABLE U(1) value at 5.8 percent, TABLE 2000CM value at age 60 ..... 87595 age 60 ...... 32846 age 70 ...... 47241 TABLE D value at 5.8 percent, 10 TABLE 2000CM value at age 70 ..... 74794 years ...... 550185
Factor for donor’s retained interest at 5.8 percent: (1.000000 ¥ .32846) ¥ (.550185 × (74974/87595) × (1.000000 ¥ .47241)) = .42369 Difference¥.01122
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Interpolation adjustment: (e) Effective/applicability date. This occurring on the valuation date, the section applies on or after May 1, 2009. donor must use the same actuarial tables − 5.%.% 720 5 6 = x (f) Expiration date. This section (for example, gift and income tax 0.% 2 . 01122 expires on or before May 1, 2012. charitable deductions with respect to ■ Par. 33. The undesignated center the same transfer must be determined x = .00673 heading immediately preceding based on the same tables, and all § 25.2512–5A is revised to read as transfers made on the same date must be Factor at 5.6 percent, age 60 .41247 follows: valued based on the same tables). Plus: Interpolation adjust- (3) Publications and actuarial ment ...... 00673 Actuarial Tables Applicable Before computations by the Internal Revenue May 1, 2009 Interpolated Factor ...... 41920 Service. Many standard actuarial factors Present value of donor’s re- ■ Par. 34. Section 25.2512–5A is not included in §§ 20.2031–7(d)(6) and tained interest: amended by revising the section 20.2031–7A(f)(4) are included in ($100,000 × .41920) ...... 41,920.00 heading and adding paragraph (f) to Internal Revenue Service Publication (3) Transitional rule. If the valuation read as follows: 1457, ‘‘Actuarial Values, Book Aleph,’’ date of a transfer of property by gift is (7–99). Internal Revenue Service § 25.2512–5A Valuation of annuities, Publication 1457 also includes on or after May 1, 2009, and before July unitrust interests, interests for life or term 1, 2009, the fair market value of the of years, and remainder or reversionary examples that illustrate how to compute interest transferred is determined by use interests transferred before May 1, 2009. many special factors for more unusual situations. Publication 1457 is no longer of the section 7520 interest rate for the * * * * * month in which the valuation date (f) Valuation of annuities, unitrust available for purchase from the occurs (see §§ 25.7520–1(b) and interests, interests for life or term of Superintendent of Documents, United 25.7520–2(a)(2)) and the appropriate years, and remainder or reversionary States Government Printing Office. actuarial tables under either § 20.2031– interests transferred after April 30, However, pertinent factors in this 7T(d)(7) or § 20.2031–7A(f)(4), at the 1999, and before May 1, 2009—(1) In publication may be obtained from: option of the donor. However, with general. Except as otherwise provided CC:PA:LPD:PR (IRS Publication 1457), respect to each individual transaction in §§ 25.2512–5(b) and 25.7520–3(b) Room 5205, Internal Revenue Service, and with respect to all transfers (pertaining to certain limitations on the P.O.Box 7604, Ben Franklin Station, occurring on the valuation date, the use of prescribed tables), if the valuation Washington, DC 20044. If a special donor must use the same actuarial tables date of the transferred interest is after factor is required in the case of a (for example, gift and income tax April 30, 1999, and before May 1, 2009, completed gift, the Internal Revenue charitable deductions with respect to the fair market value of annuities, Service may furnish the factor to the the same transfer must be determined unitrust interests, life estates, terms of donor upon a request for a ruling. The based on the same tables, and all years, remainders, and reversions request for a ruling must be transfers made on the same date must be transferred by gift is the present value accompanied by a recitation of the facts valued based on the same tables). of the interests determined by use of including a statement of the date of (4) Publications and actuarial standard or special section 7520 birth for each measuring life, the date of computations by the Internal Revenue actuarial factors and the valuation the gift, any other applicable dates, and Service. Many standard actuarial factors methodology described in § 25.2512– a copy of the will, trust, or other not included in § 20.2031–7(d)(6) or 5T(d). Sections 20.2031–7(d)(6) and relevant documents. A request for a § 20.2031–7T(d)(7) are included in 20.2031–7A(f)(4) and related sections ruling must comply with the Internal Revenue Service Publication provide tables with standard actuarial instructions for requesting a ruling 1457, ‘‘Actuarial Valuations Version factors and examples that illustrate how published periodically in the Internal 3A’’ (2009). Internal Revenue Service to use the tables to compute the present Revenue Bulletin (see §§ 601.201 and Publication 1457 also includes value of ordinary annuity, life, and 601.601(d)(2)(ii)(b)) and include examples that illustrate how to compute remainder interests in property. These payment of the required user fee. many special factors for more unusual sections also refer to standard and (4) Effective/applicability dates. situations. A copy of this publication is special actuarial factors that may be Paragraphs (f)(1) through (f)(3) apply available beginning May 1, 2009, at no necessary to compute the present value after April 30, 1999, and before May 1, charge, electronically via the IRS of similar interests in more unusual fact 2009. Internet site at http://www.irs.gov. If a situations. These factors and examples ■ Par. 35. Section 25.2522(c)–3 is special factor is required in the case of are also generally applicable for gift tax amended by revising paragraph (e) to a completed gift, the Internal Revenue purposes in computing the values of read as follows: Service may furnish the factor to the taxable gifts. § 25.2522(c)–3 Transfers not exclusively donor upon a request for a ruling. The (2) Transitional rule. If the valuation for charitable, etc., purposes in the case of request for a ruling must be date of a transfer of property by gift is gifts made after July 31, 1969. accompanied by a recitation of the facts after April 30, 1999, and before July 1, * * * * * including a statement of the date of 1999, the fair market value of the (e) [Reserved]. For further guidance, birth for each measuring life, the date of interest transferred is determined by use see § 25.2522(c)–3T(e). the gift, any other applicable dates, and of the section 7520 interest rate for the ■ Par. 36. Section 25.2522(c)–3T is a copy of the will, trust, or other month in which the valuation date added as follows: relevant documents. A request for a occurs (see §§ 25.7520–1(b) and ruling must comply with the 25.7520–2(a)(2)) and the appropriate § 25.2522(c)–3T Transfers not exclusively instructions for requesting a ruling actuarial tables under either § 20.2031– for charitable, etc., purposes in the case of published periodically in the Internal 7A(e)(4) or § 20.2031–7A(f)(4), at the gifts made after July 31, 1969 (temporary). Revenue Bulletin (see §§ 601.201 and option of the donor. However, with (a) through (d) [Reserved]. For further 601.601(d)(2)(ii)(b)) and include respect to each individual transaction guidance, see § 25.2522(c)–3(a) through payment of the required user fee. and with respect to all transfers (d).
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(e) Effective/applicability date. This ■ 4. Revising paragraphs (c)(1), (c)(2), section. See § 20.2031–7T(d) (and, for section applies only to gifts made after and (d). certain prior periods, § 20.2031–7A) for July 31, 1969. In addition, the rule in ■ The revisions and additions read as the computation of the value of paragraphs (c)(2)(vi)(a) and (c)(2)(vii)(a) follows: annuities, unitrust interests, life estates, of this section that guaranteed annuity terms for years, remainders, and interests or unitrust interests, § 25.7520–1 Valuation of annuities, reversions, other than interests unitrust interests, interests for life or terms respectively, may be payable for a of years, and remainder or reversionary described in paragraphs (a)(2) and (a)(3) specified term of years or for the life or interests prior to May 1, 2009. of this section. lives of only certain individuals applies (2) In the case of a gift to a beneficiary * * * * * to transfers made on or after April 4, of a pooled income fund on or after May (a) * * *(1) * * * For periods prior 1, 2009, see § 1.642(c)–6T(e) (or, for 2000. If a transfer is made on or after to May 1, 2009, see § 20.2031–7A for the April 4, 2000, that uses an individual certain prior periods, § 1.642(c)–6A) computation of the value of annuities, with respect to the valuation of the other than one permitted in paragraphs unitrust interests, life estates, terms for (c)(2)(vi)(a) and (c)(2)(vii)(a) of this remainder interest. years, remainders, and reversions, other (3) [Reserved]. For further guidance, section, the interest may be reformed than interests described in paragraphs into a lead interest payable for a see § 25.7520–1(a)(3). (a)(2) and (a)(3) of this section. (b)(1) [Reserved]. For further specified term of years. The term of (2) For a gift to a pooled income fund years is determined by taking the factor guidance, see § 25.7520–1(b)(1). prior to May 1, 2009, see § 1.642(c)–6A (2) Mortality component. The for valuing the annuity or unitrust (Income Tax Regulations) with respect mortality component reflects the interest for the named individual to the valuation of the remainder mortality data most recently available measuring life and identifying the term interest. from the United States census. As new of years (rounded up to the next whole mortality data becomes available after year) that corresponds to the equivalent * * * * * each decennial census, the mortality term of years factor for an annuity or (b) * * * component described in this section unitrust interest. For example, in the (2) * * * For transactions with will be revised periodically and the case of an annuity interest payable for valuation dates after April 30, 1989, and revised mortality component tables will the life of an individual age 40 at the before May 1, 2009, the mortality component tables are contained in be published in the regulations at that time of the transfer on or after May 1, time. For gifts with valuation dates on 2009, assuming an interest rate of 7.4 § 20.2031–7A. (c) * * * or after May 1, 2009, the mortality percent under section 7520, the annuity (1) [Reserved]. For further guidance, component table (Table 2000CM) is factor from column 1 of Table S(7.4), see § 25.7520–1T(c)(1). contained in § 20.2031–7T(d)(7). See contained in IRS Publication 1457, (2) Internal Revenue Service § 20.2031–7A for mortality component Actuarial Valuations Version 3A, for the publications containing tables with tables applicable to gifts for which the life of an individual age 40 is 12.1519 interest rates between 2.2 and 22 valuation date falls before May 1, 2009. (1—.10076/.074). Based on Table B(7.4), percent for valuation dates after April (c) [Reserved]. For further guidance, contained in Publication 1457, Actuarial 30, 1999, and before May 1, 2009. The see § 25.7520–1(c). Valuations Version 3A, the factor following publications are no longer (1) Regulation sections containing 12.1519 corresponds to a term of years available for purchase from the tables with interest rates between 0.2 between 32 and 33 years. Accordingly, Superintendent of Documents, United and 14 percent for valuation dates on or the annuity interest must be reformed States Government Printing Office; after May 1, 2009. Section 1.642(c)– into an interest payable for a term of 33 however, they may be obtained from 6T(e)(6) contains Table S used for years. A judicial reformation must be CC:PA:LPD:PR, Room 5205, Internal determining the present value of a commenced prior to October 15th of the Revenue Service, P.O. Box 7604, Ben single life remainder interest in a pooled year following the year in which the Franklin Station, Washington, DC income fund as defined in § 1.642(c)–5. transfer is made and must be completed 20044: See § 1.642(c)–6A for single life within a reasonable time after it is remainder factors applicable to commenced. A non-judicial reformation * * * * * (d) Effective/applicability dates. This valuation dates before May 1, 2009. is permitted if effective under state law, Section 1.664–4(e)(6) contains Table F provided it is completed by the date on section applies after April 30, 1989, and before May 1, 2009. (payout factors) and Table D (actuarial which a judicial reformation must be factors used in determining the present ■ commenced. In the alternative, if a Par. 38. Section 25.7520–1T is added value of a remainder interest postponed court, in a proceeding that is to read as follows: for a term of years). Section 1.664– commenced on or before July 5, 2001, § 25.7520–1T Valuation of annuities, 4T(e)(7) contains Table U(1) (unitrust declares any transfer, made on or after unitrust interests, interests for life or terms single life remainder factors). These April 4, 2000, and on or before March of years, and remainder or reversionary tables are used in determining the 6, 2001, null and void ab initio, the interests on or after May 1, 2009 present value of a remainder interest in Internal Revenue Service will treat such (temporary). a charitable remainder unitrust as transfers in a manner similar to that (a) General actuarial valuations. (1) defined in § 1.664–3. See § 1.664–4A for described in section 2055(e)(3)(J). Except as otherwise provided in this unitrust single life remainder factors ■ Par. 37. Section 25.7520–1 is section and in § 25.7520–3 (relating to applicable to valuation dates before May amended by: exceptions to the use of prescribed 1, 2009. Section 20.2031–7(d)(6) ■ 1. Revising the section heading. tables under certain circumstances), in contains Table B (actuarial factors used ■ 2. Revising the second sentence of the case of certain gifts after April 30, in determining the present value of an paragraph (a)(1) and revising paragraph 1989, the fair market value of annuities, interest for a term of years), Table K (a)(2). interests for life or for a term of years (annuity end-of-interval adjustment ■ 3. Removing the last two sentences of (including unitrust interests), factors), and Table J (term certain paragraph (b)(2) and adding a new remainders, and reversions is their annuity beginning-of-interval sentence at the end. present value determined under this adjustment factors). Section 20.2031–
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7T(d)(7) contains Table S (single life includes term certain tables and tables ■ Par. 40. Section 25.7520–3T is added remainder factors), and Table 2000CM of one and two life valuation factors for as follows: (mortality components). These tables are determining the present value of used in determining the present value of remainder interests in a charitable § 25.7520–3T Limitation on the application annuities, life estates, remainders, and remainder unitrust as defined in of section 7520 (temporary). reversions. See § 20.2031–7A for single § 1.664–3. (a) through (b)(2)(iv) [Reserved]. For life remainder factors and mortality (iii) Internal Revenue Service further guidance, see § 25.7520–3(a) components applicable to valuation Publication 1459, ‘‘Actuarial Valuations through (b)(2)(iv). dates before May 1, 2009. Version 3C’’ (2009). This publication (2) Internal Revenue Service includes tables for computing (b)(2)(v) Examples 1 through 4. publications containing tables with depreciation adjustment factors. See [Reserved]. For further guidance, see interest rates between 0.2 and 22 § 1.170A–12T. § 25.7520–3(b)(2)(v) Examples 1 through percent for valuation dates on or after (d) Effective/applicability date. This 4. May 1, 2009. The following documents section applies on or after May 1, 2009. Example 5. Eroding corpus in an annuity are available beginning May 1, 2009, at (e) Expiration date. This section trust. (i) The donor, who is age 60 and in no charge, electronically via the IRS expires on or before May 1, 2012. normal health, transfers property worth Internet site at http://www.irs.gov: ■ Par. 39. Section 25.7520–3 is $1,000,000 to a trust on or after May 1, 2009. (i) Internal Revenue Service amended by revising paragraph (b)(2)(v), The trust will pay a 10 percent ($100,000 per Publication 1457, ‘‘Actuarial Valuations Example 5 and paragraph (b)(4) to read year) annuity to a charitable organization for Version 3A’’ (2009). This publication as follows: the life of the donor, payable annually at the includes tables of valuation factors, as end of each period, and the remainder then § 25.7520–3 Limitation on the application well as examples that show how to will be distributed to the donor’s child. The of section 7520. compute other valuation factors, for section 7520 rate for the month of the transfer determining the present value of * * * * * is 6.8 percent. First, it is necessary to annuities, life estates, terms of years, (b) * * * determine whether the annuity may exhaust remainders, and reversions, measured (2) * * * the corpus before all annuity payments are (v) * * * by one or two lives. These factors may made. Because it is assumed that any also be used in the valuation of interests Example 5. [Reserved]. For further measuring life may survive until age 110, any in a charitable remainder annuity trust guidance, see § 25.7520–3T(b)(2)(v) Example life annuity could require payments until the as defined in § 1.664–2 and a pooled 5. measuring life reaches age 110. Based on a income fund as defined in § 1.642(c)–5. * * * * * section 7520 interest rate of 6.8 percent, the (ii) Internal Revenue Service (4) [Reserved]. For further guidance, determination of whether the annuity may Publication 1458, ‘‘Actuarial Valuations see § 25.7520–3T(b)(4). exhaust the corpus before the annuity Version 3B’’ (2009). This publication * * * * * payments are made is computed as follows:
Age to which life annuity may continue ...... 110 Less: Age of measuring life at date of transfer ...... 60
Number of years annuity may continue ...... 50 Annual annuity payment ...... $100,000.00 Times: Annuity factor for 50 years derived from Table B (1—.037277/.068) ...... 14.1577
Present value of term certain annuity ...... $1,415,770.00 (ii) Because the present value of an annuity initial corpus amount, $10,010.00 is not death of a person aged 60 is $597,013.12 for a term of 50 years exceeds the corpus, the needed to make payments for 17 years, so ($67,287.28 × 8.8726). The present value of annuity may exhaust the trust before all this amount, as accumulated for 18 years, an annuity of $32,712.72 per year payable for payments are made. Consequently, the will be available for the final payment. The 18 years or until the prior death of a person annuity must be valued as an annuity 18-year accumulation factor is (1 + 0.068) 18 aged 60 is $296,887.56 ($32,712.72 × 9.0756). payable for a term of years or until the prior or 3.268004. Then the amount available in 18 Thus, the present value of the charitable death of the annuitant, with the term of years years is $10,010.00 times 3.268004 or annuity interest is $893,900.68 ($597,013.12 determined by when the fund will be $32,712.72. Therefore, for purposes of + $296,887.56). exhausted by the annuity payments. analysis we consider the annuity payments (3) [Reserved]. For further guidance, see (iii) The annuity factor for a term of years as being composed of two distinct annuity § 25.7520–3(b)(3). at 6.8 percent is derived by subtracting the components. The two annuity components (4) Example. The provisions of applicable remainder factor in Table B (see taken together must equal the total annual § 20.2031–7(d)(6)) from 1.000000 and then amount of $100,000. The first annuity is the paragraph (b)(3) of this section are dividing the result by .068. An annuity of exact amount that the trust will have illustrated by the following example: $100,000 payable at the end of each year for available for the final payment, $32,712.72. Example. Terminal illness. The donor a period that has an annuity factor of 10.0 The second annuity component then must be transfers property worth $1,000,000 to a would have a present value exactly equal to $100,000 minus $32,712.72, or $67,287.28. child on or after May 1, 2009, in exchange the principal available to pay the annuity Specifically, the initial corpus will be able to for the child’s promise to pay the donor over the term. The annuity factor for 17 years make payments of $67,287.28 per year for 17 $80,000 per year for the donor’s life, payable is 9.8999 and the annuity factor for 18 years years plus payments of $32,712.72 per year annually at the end of each period. The is 10.2059. Thus, it is determined that the for 18 years. The total annuity is valued by donor is age 75 but has been diagnosed with $1,000,000 initial transfer will be sufficient adding the value of the two separate an incurable illness and has at least a 50 to make 17 annual payments of $100,000, but temporary component annuities. percent probability of dying within 1 year. not to make the entire 18th payment. The (iv) Based on Table H of Publication 1457, The section 7520 interest rate for the month present value of an annuity of $100,000 Actuarial Valuations Version 3A, which may of the transfer is 7.6 percent, and the payable at the end of each year for 17 years be obtained from the IRS Internet site, the standard annuity factor at that interest rate certain is $100,000 times 9.8999 or $989,990. present value of an annuity of $67,287.28 per for a person age 75 in normal health is 6.6493 The remaining amount is $10,010.00. Of the year payable for 17 years or until the prior (1¥.49465/.076). Thus, if the donor were not
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terminally ill, the present value of the projection of the donor’s actual life respect to gifts made after December 13, annuity would be $531,944.00 ($80,000 × expectancy. 1995. Example 5 in paragraph (b)(2)(v) 6.6493). Assuming the presumption provided (5) [Reserved]. For further guidance, and paragraph (b)(4) are effective with in paragraph (b)(3) of this section does not see § 25.7520–3(b)(5). respect to gifts made on or after May 1, apply, because there is at least a 50 percent 2009. probability that the donor will die within 1 (c) Effective/applicability dates. ■ year, the standard section 7520 annuity factor Section 25.7520–3(a) is effective as of Par. 41. For each section listed in the may not be used to determine the present May 1, 1989. The provisions of table below, remove the language in the value of the donor’s annuity interest. Instead, paragraph (b) of this section, except ‘‘Remove’’ column and add in its place a special section 7520 annuity factor must be Example 5 in paragraph (b)(2)(v) and the language in the ‘‘Add’’ column as set computed that takes into account the paragraph (b)(4), are effective with forth below:
Section Remove Add
§ 1.170A–12(e)(2) following the formula ...... Table 90CNSMT in § 20.2031–7 ...... Table 2000CM in § 20.2031–7T. § 1.170A–14(h)(4), Example 2 fourth sentence May 1, 1999 ...... May 1, 2009. § 1.664–1(a)(6) introductory text ...... §§ 1.664–4(e) and 1.664–4A(d) and (e) ...... §§ 1.664–4T(e) and 1.664-4A.
Linda E. Stiff, Deputy Commissioner for Services and Enforcement. Approved: April 23, 2009. Bernard J. Knight, Jr., Acting General Counsel of the Treasury. [FR Doc. E9–10111 Filed 5–1–09; 4:15 pm] BILLING CODE 4830–01–P
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DEPARTMENT OF THE TREASURY These regulations revise actuarial tables 26 CFR Part 20 used for the valuation of partial interests Estate taxes, Reporting and Internal Revenue Service in property under section 7520 to reflect recordkeeping requirements. the mortality experience based on the 26 CFR Parts 1, 20, and 25 2000 United States census, the most 26 CFR Part 25 [REG–107845–08] recent mortality experience available. Gift taxes, Reporting and The text of those temporary recordkeeping requirements. RIN 1545–BH67 regulations also serves as the text of these proposed regulations. The Proposed Amendments to the Use of Actuarial Tables in Valuing Regulations preamble to the temporary regulations Annuities, Interests for Life or Terms explains the temporary regulations. Accordingly, 26 CFR part 1 is of Years, and Remainder or proposed to be amended as follows: Reversionary Interests Special Analyses PART 1—INCOME TAXES AGENCY: Internal Revenue Service (IRS), It has been determined that this notice Treasury. of proposed rulemaking is not a Paragraph 1. The authority citation ACTION: Notice of proposed rulemaking significant regulatory action as defined for part 1 continues to read in part as by cross-reference to temporary in EO 12866. Therefore, a regulatory follows: assessment is not required. It also has regulations. Authority: 26 U.S.C. 7805 * * * been determined that section 553(b) of SUMMARY: These proposed regulations the Administrative Procedure Act (5 Par. 2. Section 1.170A–12 is amended relate to the use of actuarial tables in U.S.C. chapter 5) does not apply to these as follows: valuing annuities, interests for life or regulations, and because these 1. Paragraphs (b)(2) and (b)(3) are terms of years, and remainder or regulations do not impose a collection revised. reversionary interests. These regulations of information requirement on small 2. Paragraph (f) is added. will affect the valuation of inter vivos entities, the Regulatory Flexibility Act The revisions and addition read as and testamentary transfers of interest (5 U.S.C. chapter 6) does not apply. follows: dependent on one or more measuring Pursuant to section 7805(f) of the § 1.170A–12 Valuation of a remainder lives. These regulations are necessary Internal Revenue Code this regulation interest in real property for contributions because section 7520(c)(3) directs the has been submitted to the Chief Counsel made after July 31, 1969. Secretary to update the actuarial tables for Advocacy of the Small Business * * * * * to reflect the most recent mortality Administration for comment on its (b) * * * experience available. The text of the impact on small business. (2) [The text of this proposed temporary regulations in the Rules and paragraph (b)(2) is the same as the text Regulations section of this issue of the Comments and Requests for a Public of § 1.170A–12T(b)(2) published Federal Register also serves as the text Hearing elsewhere in this issue of the Federal of these proposed regulations. Before these proposed regulations are Register]. DATES: Written and electronic comments adopted as final regulations, (3) [The text of this proposed and requests for a public hearing must consideration will be given to any paragraph (b)(3) is the same as the text be received by August 5, 2009. written (a signed original and eight (8) of § 1.170A–12T(b)(3) published ADDRESSES: Send submissions to copies) or electronic comments that are elsewhere in this issue of the Federal CC:PA:LPD:PR (REG–107845–08), room submitted timely to the IRS. The IRS Register]. 5205, Internal Revenue Service, PO Box and the Treasury Department also * * * * * 7604, Ben Franklin Station, Washington, request comments on the clarity of the (f) [The text of this proposed DC 20044. Submissions may be hand- proposed rules and how they can be paragraph (f) is the same as the text of delivered Monday through Friday made easier to understand. All § 1.170A–12T(f) published elsewhere in between the hours of 8 a.m. and 4 p.m. comments will be available for public this issue of the Federal Register]. to: CC:PA:LPD:PR (REG–107845–08), inspection and copying. A public * * * * * Courier’s Desk, Internal Revenue hearing will be scheduled if requested Par. 3. Section 1.642(c)–6 is amended Service, 1111 Constitution Avenue, in writing by any person that timely by revising paragraphs (d), (e) and (f) to NW., Washington, DC, or sent via the submits written comments. If a public read as follows: hearing is scheduled, notice of the date, Federal eRulemaking Portal at http:// § 1.642(c)–6 Valuation of a remainder www.regulations.gov (REG–107845–08). time, and place for the public hearing will be published in the Federal interest in property transferred to a pooled FOR FURTHER INFORMATION CONTACT: income fund. Register. Mayer R. Samuels, (202) 622–3090; * * * * * concerning submissions of comments, Drafting Information (d) [The text of this proposed [email protected], The principal author of these paragraph (d) is the same as the text of (202) 622–7180 (not toll-free numbers). regulations is Mayer R. Samuels, Office § 1.642(c)–6T(d) published elsewhere in SUPPLEMENTARY INFORMATION: of the Associate Chief Counsel this issue of the Federal Register]. (e) [The text of this proposed Background (Passthroughs and Special Industries), IRS. However, other personnel from the paragraph (e) is the same as the text of Temporary regulations in the Rules § 1.642(c)–6T(e) published elsewhere in and Regulations section of this issue of IRS and Treasury Department participated in their development. this issue of the Federal Register]. the Federal Register amend Income Tax (f) [The text of this proposed Regulations (26 CFR part 1) under List of Subjects paragraph (f) is the same as the text of sections 642(c)(5) and 664, Estate Tax § 1.642(c)–6T(f) published elsewhere in 26 CFR Part 1 Regulations (26 CFR part 20) under this issue of the Federal Register]. section 2031, and Gift Tax Regulations Income taxes, Reporting and Par. 4. Section 1.664–4 is amended by (26 CFR part 25) under section 2512. recordkeeping requirements. revising paragraphs (a)(1), (d), (e)(1),
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(e)(2), (e)(5), (e)(7), and (f) to read as of § 1.7520–1T(c)(2) published (iii) [The text of this proposed follows: elsewhere in this issue of the Federal paragraph (e)(3)(iii) is the same as the Register]. text of § 20.2055–2T(e)(3)(iii) published § 1.664–4 Calculation of the fair market (d) [The text of this proposed value of the remainder interest in a elsewhere in this issue of the Federal charitable remainder unitrust. paragraph (d) is the same as the text of Register]. § 1.7520–1T(d) published elsewhere in (a) * * * * * * * * (1) [The text of this proposed this issue of the Federal Register]. (f) * * * (4) [The text of this proposed paragraph (a)(1) is the same as the text PART 20—ESTATE TAX; ESTATES OF of § 1.664–4T(a)(1) published elsewhere paragraph (f)(4) is the same as the text DECEDENTS DYING AFTER AUGUST of § 20.2055–2T(f)(4) published in this issue of the Federal Register]. 16, 1954 * * * * * elsewhere in this issue of the Federal (d) [The text of this proposed Par. 6. The authority citation for part Register]. paragraph (d) is the same as the text of 20 continues to read in part as follows: Par. 10. Section 20.2056A–4 is amended by revising paragraph § 1.664–4T(d) published elsewhere in Authority: 26 U.S.C. 7805 * * * this issue of the Federal Register]. (c)(4)(ii)(B) and Example 4 in paragraph (e)(1) [The text of this proposed Par. 7. Section 20.2031–7 is amended (d) to read as follows: by revising paragraphs (c), (d)(1), (d)(2), paragraph (e)(1) is the same as the text § 20.2056A–4 Procedures for conforming of § 1.664–4T(e)(1) published elsewhere (d)(3), (d)(4), (d)(5), (d)(7), and (e) to read as follows: marital trusts and nontrust marital transfers in this issue of the Federal Register]. to the requirements of a qualified domestic (e)(2) [The text of this proposed § 20.2031–7 Valuation of annuities, trust. paragraph (e)(2) is the same as the text interests for life or term of years, and * * * * * of § 1.664–4T(e)(2) published elsewhere remainder or reversionary interests. (c) * * * in this issue of the Federal Register]. * * * * * (4) * * * * * * * * (c) [The text of this proposed (ii) * * * (e)(5) [The text of this proposed paragraph (c) is the same as the text of (B) [The text of this proposed paragraph (e)(5) is the same as the text § 20.2031–7T(c) published elsewhere in paragraph (c)(4)(ii)(B) is the same as the of § 1.664–4T(e)(5) published elsewhere this issue of the Federal Register]. text of § 20.2056A–4T(c)(4)(ii)(B) in this issue of the Federal Register]. (d) [The text of this proposed published elsewhere in this issue of the * * * * * paragraph (d)(1) through (d)(5) is the Federal Register]. (e)(7) [The text of this proposed same as the text of § 20.2031–7T(d)(1) * * * * * paragraph (e)(7) is the same as the text through (d)(5) published elsewhere in (d) * * * of § 1.664–4T(e)(7) published elsewhere this issue of the Federal Register]. Example 4. [The text of this proposed in this issue of the Federal Register]. * * * * * paragraph (d), Example 4 is the same as (f) [The text of this proposed (7) [The text of this proposed the text of Example 4 in § 20.2056A– paragraph (f) is the same as the text of paragraph (d)(7) is the same as the text 4T(d) published elsewhere in this issue § 1.664–4T(f) published elsewhere in of § 20.2031–7T(d)(7) published of the Federal Register]. this issue of the Federal Register]. elsewhere in this issue of the Federal Par. 5. Section 1.7520–1 is amended Par. 11. Section 20.7520–1 is Register]. by revising paragraphs (a)(1), (a)(2), amended by revising paragraphs (a)(1), (e) [The text of this proposed (b)(2), (c)(1), (c)(2) and (d) to read as (a)(2), (b)(2), (c)(1), (c)(2) and (d) to read paragraph (e) is the same as the text of follows: as follows: § 20.2031–7T(e) published elsewhere in § 1.7520–1 Valuation of annuities, unitrust this issue of the Federal Register]. § 20.7520–1 Valuation of annuities, interest, interests for life or terms of years, Par. 8. Section 20.2032–1 is amended unitrust interests, interests for life or term and remainder or reversionary interests. of years, and remainder or reversionary by revising paragraphs (f)(1) and (h) to interests. (a)(1) [The text of this proposed read as follows: paragraph (a)(1) is the same as the text (a) * * * (1) [The text of this of § 1.7520–1T(a)(1) published § 20.2032–1 Alternate valuation. proposed paragraph (a)(1) is the same as elsewhere in this issue of the Federal * * * * * the text of § 20.7520–1T(a)(1) published Register]. (f) * * * elsewhere in this issue of the Federal (2) [The text of this proposed (1) [The text of this proposed Register]. paragraph (a)(2) is the same as the text paragraph (f)(1) is the same as the text (2) [The text of this proposed of § 1.7520–1T(a)(2) published of § 20.2032–1T(f)(1) published paragraph (a)(2) is the same as the text elsewhere in this issue of the Federal elsewhere in this issue of the Federal of § 20.7520–1T(a)(2) published Register]. Register]. elsewhere in this issue of the Federal (b) * * * * * * * * Register]. (2) [The text of this proposed (h) [The text of this proposed (3) * * * paragraph (b)(2) is the same as the text paragraph (h) is the same as the text of (b) * * * of § 1.7520–1T(b)(2) published § 20.2032–1T(h) published elsewhere in (2) [The text of this proposed elsewhere in this issue of the Federal this issue of the Federal Register]. paragraph (b)(2) is the same as the text Register]. Par. 9. Section 20.2055–2 is amended of § 20.7520–1T(b)(2) published (c) * * * by revising paragraphs (e)(3)(iii) and elsewhere in this issue of the Federal (1) [The text of this proposed (f)(4) to read as follows: Register]. paragraph (c)(1) is the same as the text (c) * * * of § 1.7520–1T(c)(1) published § 20.2055–2 Transfers not exclusively for (1) [The text of this proposed elsewhere in this issue of the Federal charitable purposes. paragraph (c)(1) is the same as the text Register]. * * * * * of § 20.7520–1T(c)(1) published (2) [The text of this proposed (e) * * * elsewhere in this issue of the Federal paragraph (c)(2) is the same as the text (3) * * * Register].
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(2) [The text of this proposed § 25.2522(c)–3 Transfers not exclusively elsewhere in this issue of the Federal paragraph (c)(2) is the same as the text for charitable, etc., purposes in the case of Register]. of § 20.7520–1T(c)(2) published gifts made after July 31, 1969. (d) [The text of this proposed elsewhere in this issue of the Federal * * * * * paragraph (d) is the same as the text of Register]. (e) [The text of this proposed § 25.7520–1T(d) published elsewhere in paragraph (e) is the same as the text of (d) [The text of this proposed this issue of the Federal Register]. § 25.2522(c)-3T(e) published elsewhere paragraph (d) is the same as the text of Par. 16. Section 25.7520–3 is in this issue of the Federal Register]. § 20.7520–1T(d) published elsewhere in amended as follows: Par. 15. Section 25.7520–1 is this issue of the Federal Register]. 1. In paragraph (b)(2)(v), Example 5 is amended by revising paragraphs (a)(1), revised. PART 25—GIFT TAX; GIFTS MADE (a)(2), (b)(2), (c)(1), (c)(2) and (d) to read 2. Paragraph (b)(4) is revised. AFTER DECEMBER 31, 1954 as follows: 3. Paragraph (c) is revised. § 25.7520–1 Valuation of annuities, The revised text reads as follows: Par. 12. The authority citation for part unitrust interests, interests for life or term 25 continues to read in part as follows: § 25.7520–3 Limitation on the application of years, and remainder or reversionary of section 7520. interests. Authority: 26 U.S.C. 7805 * * * * * * * * (a) * * * (1) [The text of this (b) * * * Par. 13. Section 25.2512–5 is proposed paragraph (a)(1) is the same as (2) * * * amended by revising paragraphs (c), (d) the text of § 25.7520–1T(a)(1) published (v) * * * and (e) to read as follows: elsewhere in this issue of the Federal Example 5. [The text of this proposed § 25.2512–5 Valuation of annuities, Register]. (2) [The text of this proposed paragraph (b)(2)(v), Example 5 is the same as unitrust interest, interests for life or term of the text of § 25.7520–3T(b)(2)(v), Example 5, years, and remainder or reversionary paragraph (a)(2) is the same as the text of § 25.7520–1T(a)(2) published published elsewhere in this issue of the interests. Federal Register]. * * * * * elsewhere in this issue of the Federal Register]. * * * * * (c) [The text of this proposed (3) * * * (b)(4) [The text of this proposed paragraph (c) is the same as the text of (b) * * * paragraph (b)(4) is the same as the text § 25.2512–5T(c) published elsewhere in (2) [The text of this proposed of § 25.7520–3T(b)(4) published this issue of the Federal Register]. paragraph (b)(2) is the same as the text elsewhere in this issue of the Federal (d) [The text of this proposed of § 25.7520–1T(b)(2) published Register]. paragraph (d) is the same as the text of elsewhere in this issue of the Federal * * * * * § 25.2512–5T(d) published elsewhere in Register]. (c) [The text of this proposed this issue of the Federal Register]. (c) * * * paragraph (c) is the same as the text of (1) [The text of this proposed (e) [The text of this proposed § 25.7520–3T(c) published elsewhere in paragraph (c)(1) is the same as the text this issue of the Federal Register]. paragraph (e) is the same as the text of of § 25.7520–1T(c)(1) published § 25.2512–5T(e) published elsewhere in elsewhere in this issue of the Federal Linda E. Stiff, this issue of the Federal Register]. Register]. Deputy Commissioner for Services and Par. 14. Section 25.2522(c)-3 is (2) [The text of this proposed Enforcement. amended by revising paragraph (e) to paragraph (c)(2) is the same as the text [FR Doc. E9–10110 Filed 5–1–09; 4:15 pm] read as follows: of § 25.7520–1T(c)(2) published BILLING CODE 4830–01–P
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Part III
Department of Labor Delegation of Authority and Assignment of Responsibilities to the Employee Benefits Security Administration; Notice
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DEPARTMENT OF LABOR Insurance Program Reauthorization Act C. The Chief Financial Officer is of 2009 have given the Secretary of delegated authority and assigned Office of the Secretary Labor new authority and responsibility, in accordance with [Secretary’s Order 6–2009] responsibilities. applicable appropriations enactments, 4. Delegation of Authority and for establishing policies and procedures: Delegation of Authority and Assignment of Responsibilities That ensure the accounting, financial, Assignment of Responsibilities to the A. Except as hereinafter provided, the and asset management systems of the Employee Benefits Security Assistant Secretary for Employee Department are designed, maintained, Administration Benefits Security is delegated the and used effectively to provide financial authority (including the authority to re- or program performance data for 1. Purpose. To delegate authority and delegate) and assigned the financial statements; ensure financial assign responsibilities for the responsibilities of the Secretary of and related program performance data administration of the Department of Labor— are provided on a reliable, consistent, (1) under the following statutes, Labor’s responsibilities under the and timely basis; and, ensure that Employee Retirement Income Security including any amendments: (a) The Employee Retirement Income financial statements support Act of 1974 (ERISA), Federal assessments and revisions of mission- Employees’ Retirement System Act of Security Act of 1974, as amended, except for subtitle C of Title III and Title related processes and administrative 1986 (FERSA), and certain other processes and performance management statutes. IV (29 U.S.C. 1001–1232); of the program activities. 2. Authority and Directives Affected. (b) The Welfare and Pension Plans This order supersedes Secretary’s Order Disclosure Act of 1958, as amended D. The Solicitor of Labor is 1–2003, 68 FR 5374 (Feb. 3, 2003). Public Law 85–836, 72 Stat. 997; Public responsible for providing legal advice 3. Background. ERISA places Law 86–624, 74 Stat. 417; Public Law and assistance to all officials of the responsibility in the Department of 87–420, 76 Stat. 35. Department relating to the Labor for the administration of a (c) The Federal Employees’ administration of the statutes listed in comprehensive program to protect the Retirement System Act of 1986 (5 U.S.C. paragraph 5.a.(1) of this order, for interests of participants and 8401–8479); bringing appropriate legal actions on beneficiaries of private sector employee (d) The Health Insurance Portability behalf of the Secretary, and representing and Accountability Act of 1996, Public benefit plans. Secretary’s Order 1–2003 the Secretary in all civil proceedings. Law 104–191, 110 Stat. 1936; delegated authority for this program to The Solicitor of Labor is also authorized (e) Section 311(b) the Children’s to request information the IRS possesses the Assistant Secretary for Employee Health Insurance Program for use in connection with the Benefits Security. Reauthorization Act of 2009, Public Law administration of Title I of ERISA. FERSA requires the Department of 111–3, 123 Stat. 65; Labor to, among other things, administer (f) Section 3001 of the American E. The Inspector General is authorized and enforce the fiduciary responsibility, Recovery and Reinvestment Act of 2009 to request information the IRS possesses prohibited transaction, and bonding Public Law 111–5; and for use in connection with the provisions of FERSA. Secretary’s Order (g) As directed by the Secretary, such administration of Title I of ERISA. 1–2003 also delegated these additional Federal acts similar to or responsibilities to the Assistant 5. Reservation of Authority. The related to those listed in paragraphs (i) submission of reports and Secretary for Employee Benefits through (v), above, that from time to Security. recommendations to the President and time may assign additional authority or the Congress concerning the Secretary’s Order 16–2006, 71 FR responsibilities to the Department or the 67024 (Nov. 17, 2006), delegates the administration of the statutes listed in Secretary. paragraph 5.a.(1) of this order and authority and responsibility to invoke (2) to request information the Internal responsibilities under Subtitle C of Title governmental privileges on a Revenue Service (IRS) possesses for use III of ERISA are reserved to the Department-wide basis and supersedes in connection with the administration of Secretary. The Pension Benefit Guaranty the delegation of such authority and Title I of ERISA of 1974. responsibility in Secretary’s Order 1– B. The Assistant Secretary for Corporation carries out responsibilities 2003. Administration and Management is under Title IV of ERISA. The Health Insurance Portability and responsible for providing all 6. Effective Date. This order is Accountability Act of 1996, amended administrative support services to the effective immediately. ERISA and separated allocated certain Employee Benefits Security Dated: April 30, 2009. additional authority and responsibilities Administration such as personnel, to the Secretary of Labor. payroll, budget, accounting, contracting Hilda L. Solis, Two recently enacted statutes, the and grants and other such services Secretary of Labor. American Recovery and Reinvestment deemed necessary in support of the [FR Doc. E9–10553 Filed 5–6–09; 8:45 am] Act of 2009 and the Children’s Health agency’s mission. BILLING CODE 4510–23–P
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Part IV
The President Proclamation 8371—Older Americans Month, 2009 Proclamation 8372—National Charter Schools Week, 2009 Memorandum of May 5, 2009—Biofuels and Rural Economic Development
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Federal Register Presidential Documents Vol. 74, No. 87
Thursday, May 7, 2009
Title 3— Proclamation 8371 of May 4, 2009
The President Older Americans Month, 2009
By the President of the United States of America
A Proclamation Older Americans have carried our Nation through great challenges and tri- umphs. They have enriched our national character and strengthened the Republic for those who have followed. During the month of May, we pay tribute to the wisest among us. Throughout the land, older Americans are strengthening our communities and the American way of life. Many senior citizens remain in the workforce to support themselves and their families. Others are embarking on second careers and exploring new interests and fields of knowledge. Inspiring citi- zens of all ages, many serve as advocates and volunteers in community service roles. In this important work, they make a real difference in the daily lives of fellow citizens of all ages, while promoting and strengthening the American spirit of civic participation. My Administration is working to create opportunities for older Americans to share their skills and wisdom with younger generations. One of the bills I recently signed into law, the Edward M. Kennedy Serve America Act, expands and improves service opportunities for older Americans. Our Nation can benefit greatly from the experience and hard work of our older Americans, and I am committed to providing service opportunities to achieve this end. We owe older Americans a debt of gratitude and must work to help them age with dignity. Through home- and community-based services, including health promotion and preventive care programs, many older Americans are able to live more independent and healthier lives. This year’s theme for Older Americans Month, ‘‘Living Today for a Better Tomorrow,’’ captures the importance of helping seniors today so they can enjoy the years ahead. My Administration is committed to supporting older Americans and is work- ing to strengthen health care, retirement, community involvement, and other programs vital to their interests and beneficial to all of us. Older Americans have earned this support, and we owe them nothing less. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim May 2009 as Older Americans Month. I invite Americans of all ages; representatives of govern- ment at all levels; businesses and communities; faith-based and neighborhood organizations; and health, academic, and recreational institutions to acknowl- edge the contributions of older Americans during this month and throughout the year.
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IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of May, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third.
[FR Doc. E9–10859 Filed 5–6–09; 8:45 am] Billing code 3195–W9–P
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Proclamation 8372 of May 4, 2009
National Charter Schools Week, 2009
By the President of the United States of America
A Proclamation Improving our schools is the collective responsibility of all Americans— business owners and workers, educators and parents, students and their communities. We must ensure that all students receive a high-quality edu- cation that delivers the knowledge and skills needed to succeed, and that young men and women stay on the path to graduation and a life-long commitment to learning. Many successful public charter schools across the Nation are working to meet these goals. Founded by parents, teachers, and civic or community organizations, our Nation’s public charter schools enjoy broad leeway to innovate. The best public charter schools and their students are thriving in States that have adopted a rigorous selection and review process to ensure that autonomy is coupled with greater accountability. The growth of effective public charter schools benefits our children, and States have an important role to play in their expansion. During National Charter Schools Week, we recognize these public charter schools for their dedication and commitment to achievement in education. They are models of excellence and are promoting the interests of our children, our economy, and our Nation as a whole. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim May 3 through May 9, 2009, as National Charter Schools Week. I commend our Nation’s success- ful public charter schools, teachers, and administrators, and I call on States and communities to support public charter schools and the students they serve.
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IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of May, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third.
[FR Doc. E9–10860 Filed 5–6–09; 8:45 am] Billing code 3195–W9–P
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Memorandum of May 5, 2009
Biofuels And Rural Economic Development
Memorandum for the Secretary of Agriculture, the Secretary of Energy, [and] the Administrator of the Environmental Protection Agency
In the Nation’s ongoing efforts to achieve energy independence, biomass and biofuels promise to play a key role by providing the Nation with homegrown sustainable energy options and energizing our economy with new industries and jobs. While producing clean renewable fuels locally is a powerful engine of economic growth, they must be developed and used in a way that limits environmental impact. Today, the Environmental Protection Agency (EPA) is issuing a Notice of Proposed Rulemaking, as required by the Energy Independence and Security Act of 2007, to set new national renewable fuel standards and implement those standards. The public will have an opportunity to provide input on this proposal through a 60-day comment period, and the EPA is conducting peer reviews on key aspects of the environmental impact assessments within the proposal. In order to shepherd our Nation’s development of this important industry and to coordinate interagency policy, I hereby establish a Biofuels Interagency Working Group (Working Group), to be co-chaired by the Secretaries of Agriculture and Energy and the Administrator of the EPA. This Working Group will coordinate with the National Science and Technology Council’s Biomass Research and Development Board in undertaking its work. The responsibilities of the Working Group shall include: (a) Developing the Nation’s first comprehensive biofuel market develop- ment program, which shall use existing authorities and identify new policies to support the development of next-generation biofuels, increase flexible fuel vehicle use, and assist in retail marketing efforts; (b) Coordinating infrastructure policies affecting the supply, secure trans- port, and distribution of biofuels; and (c) Identifying new policy options to promote the environmental sustain- ability of biofuels feedstock production, taking into consideration land use, habitat conservation, crop management practices, water efficiency and water quality, as well as lifecycle assessments of greenhouse gas emissions. Alongside the Working Group’s efforts, the Secretary of Agriculture may pursue other important biofuel development efforts. The Rural Development Act of 1972 and the Rural Development Policy Act of 1980 direct the Secretary of Agriculture to develop, in coordination with State and local governments, a nationwide rural development program to assure rural Amer- ica’s health and prosperity. In keeping with that mandate, and recognizing the key role rural America will play in the development of biofuel technology and development, I request that the Secretary of Agriculture take the fol- lowing steps, to the extent permitted by law: (a) Immediately begin restructuring existing investments in renewable fuels as needed to preserve industry employment; and (b) Develop a comprehensive approach to accelerating the investment in and production of American biofuels and reducing our dependence on fossil fuels by providing, within 30 days, under the authorities made available in the Food, Conservation, and Energy Act of 2008:
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(i) Loan guarantees for the development, construction, and retrofitting of commercial-scale biorefineries and grants to help pay for the develop- ment and construction costs of demonstration-scale biorefineries; (ii) Expedited funding to encourage biorefineries to replace the use of fossil fuels in plant operations by installing new biomass energy systems or producing new energy from renewable biomass; (iii) Expedited funding to biofuels producers to encourage production of next-generation biofuels from cellulosic biomass and other feedstocks; (iv) Expansion of the Renewable Energy Systems and Energy Efficiency Improvements Program, which has been renamed the Rural Energy for America Program, to include hydroelectric source technologies, energy audits, and higher loan guarantee limits; and (v) Guidance and support for collection, harvest, storage, and transportation assistance for eligible materials for use in biomass conversion facilities. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. The Secretary of Agriculture is hereby authorized and directed to publish this memorandum in the Federal Register.
THE WHITE HOUSE, Washington, May 5, 2009
[FR Doc. E9–10861 Filed 5–6–09; 8:45 am] Billing code 3410–10–P
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Reader Aids Federal Register Vol. 74, No. 87 Thursday, May 7, 2009
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The text of laws is not S. 383/P.L. 111–15 enacted public laws. To published in the Federal Special Inspector General for subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered the Troubled Asset Relief listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual Program Act of 2009 (Apr. 24, publaws-l.html This is a continuing list of pamphlet) form from the 2009; 123 Stat. 1603) public bills from the current Superintendent of Documents, Last List April 27, 2009 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO Access at http:// specific inquiries sent to this available online at http:// www.gpoaccess.gov/plaws/ address. www.archives.gov/federal- index.html. Some laws may PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly
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